Ordinance No. 75-22-28ORDINANCE NO. 75-22-28
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 21 OF THE CODE
OF ORDINANCES, TRAFFIC AND MOTOR VEHICLES, ARTICLE II, —
STOPPING, STANDING AND PARKING ON PUBLIC PROPERTY AND
ARTICLE III, WRECKER SERVICE; PROVIDING FOR CODIFICATION;
PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in 2019 the City Commission of the City of Atlantic Beach authorized
Controlled and Metered Parking for the Beaches Town Center area; and
WHEREAS, in 2021, the City Commission of the City of Atlantic Beach authorized
expanding the use of Metered Parking zones to include the Eighteenth and Nineteenth Street
parking areas; and
WHEREAS, increasing the use of Metered Parking zones within the City and adding civilian
parking enforcement personnel to help staff to implement this program requires additional
authorization by ordinance; and
WHEREAS, to create a cohesive and streamlined code it is necessary to add new language
regarding parking and traffic control within the City, and remove superfluous language from
various portions of Article II and Article III of Chapter 21 of the Code of Ordinances.
NOW, THEREFORE,BE IT ENACTED BY THE CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY ATLANTIC BEACH:
SECTION 1. Revisions to Article II and Article III of Chapter 21.
Sections 21-17, 19, 20, 36 39, 42, 43, 44, 45 and 46 of Article II, Stopping, Standing and
Parking on Public Property, and Section 51 of Article III, Wrecker Service, all contained in
Chapter 21, Traffic and Motor Vehicles, of the City's Code of Ordinances, are hereby amended
as shown on Exhibit A and Exhibit B, each dated October 20, 2022, attached hereto and by this
reference made a part hereof.
SECTION 2. Conflict. All ordinances, resolutions, official determinations, or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this
Ordinance are repealed to the extent inconsistent herewith.
SECTION 3. Codification and Scrivener's Errors. The publisher of the City of Atlantic
Beach's Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate
Sections 21-17, 19, 20, 36, 37, 39, 42, 43, 44, 45 and 51, as shown on Exhibits A and B hereto,
into the City's Code of Ordinances. Sections of Chapter 21 may be renumbered or re-lettered and
scrivener's errors, formatting and typographical errors and other minor, inadvertent graphical
Ordinance No. 75-22-28 Page 1 of 2
errors in Chapter 5 which do not affect the intent may be authorized by the City Manager and
City Attorney without the need of public hearing, by filing a corrected or re-codified copy of
same with the City Clerk.
SECTION 4. Applicability. The provisions of— Chapter 21 amended hereby, as shown on
Exhibits A and B attached hereto, shall apply to all decisions, actions or controversies within the
City of Atlantic Beach arising upon the effective date hereof, or filed, initiated or taken
thereafter.
SECTION 5. Severability. If any section, sentence, clause, or other provision of this
Ordinance, shall be held to be invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and such holding of
invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the
remaining sections, sentences, clauses, or provisions of this Ordinance, which shall remain in full
force and effect.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and
approval.
PASSED by the City Commission on first reading on this 14th day of November, 2022.
PASSED by the City Commission on second and final reading and following a public hearing
this 28th day of November, 2022.
CITYO •/ LANT BEACH
Ellen a asser, Mayor
ATTEST:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
MI.:!-- -11111 . _
Bre M. Duro a ity Attorney
Ordinance No. 75-22-28 Page 2 of 2
EXHIBIT A
10/20/2022
Sec. 21-17. - Prohibited in specific areas.
Except when in compliance with the directions of a police officer or official traffic control
device, or when necessary to avoid conflict with other traffic,,no person shall stop, stand or park
a motor vehicle, or any part thereof:
a) On a paved sidewalk;
b)Within seven(7) feet of a public or private driveway, upon complaint;
c)Within twenty(20) feet of an intersection;
d)Within fifteen(15) feet of a fire hydrant;
e) On a crosswalk;
f)Within twenty(20) feet of a crosswalk
g) On lanes and paths exclusively intended for the use of bicycles and pedestrians;
h)Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal
located at the side of a roadway. (measured from the pavement marking Stop Bar)
i)On the following roadways and rights-of-way, except as provided in subsection (j):
1)East Coast Drive:
2)Ocean Boulevard;-
3)Sherry Drive(from Plaza to Atlantic Boulevard)
4)Seminole Road:
5)Plaza(except for the 300 Block);
6)Royal Palms Drive:
7)Sailfish Drive(except for the 600 through 900 Blocks),-
8)Levy Road:
9)Dutton Island Road,-
10)Donner Road-and
di On the unpaved portions of the following rights-of-way, except between the hours of 6:00
p.m. and 8:00 a.m. or as approved under section 6-18 of this Code of Ordinances:
1)East Coast Drive.
2)Ocean Boulevard:
3)Sherry Drive(from Plaza to Atlantic Boulevard);
4)Seminole Road:
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5)Plaza Dr. (except for the 300 Block and the south side of Plaza Dr immediately adjacent to
Russell Park)
6)Royal Palms Drive:
7)Sailfish Drive(except for the 600 through 900 Blocks):
8)Levy Road:
9)Dutton Island Road,-or
10)Donner Road.
Ord.No. 75-18-20, § 2(Exh. A), 1-14-19; Ord. No. 75-20-23 , § 1, 6-8-20; Ord. No.41,
Exh. A, 2022)
Sec. 21-19. - Compliance required with signs and pavement markings pafking required.
1' 3' . t.;•
3•• . _. . . -t. When signs, markings or other
parking control devices are installed on a roadway or right of wav, no person shall park or
operate a motor vehicle in violation of such signs, markings or parking control devices.
Ord. No. 75-18-20, § 2(Exh. A), 1-14-19; Ord. No.41, Exh. A, 2022)
Sec. 21-20. - Parking limitations.
Except as expressly provided in
421-17 or by other express parking provisions adopted by the City Commission, the City
Manager is authorized to promulgate and approve parking regulations and limitations,
together with signs and markings to provide notice of and implement the regulations and
limitations.
b)No motor vehicle, other than official motor vehicles as authorized by the city
manager or his designee, shall be parked overnight in any public property,public park or
public open space, on any property occupied by a government use, or in any other location
posted by the city to prohibit overnight parking.
c)No person shall stop, stand, or park a recreational vehicle, camper,bus, flatbed
truck,trailer or commercial vehicle upon any right-of-way, except for the purpose of
loading or unloading, for more than four(4)hours, except when authorized by the city
manager or their designee provided that the vehicle does not obstruct traffic as described in
section 21-18.
Ord. No. 75-18-20, § 2(Exh. A), 1-14-19; Ord. No. 1, Exh. A, 2022)
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EXHIBIT B
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Sec. 21-36. - Issuance of citations.
The Chief of Police shall have exclusive control of and shall have-printed
put in place a management system with accountability for Enforcement of Chapter 21 and
issuance of citations hereunder. It shall be the duty of all police officers and civilian personnel
authorized by the Chief of Police to issue City Parking Citations or State of Florida Uniform Traffic
Citations to . - - •- •• - --- •-• - - -- •- • - • -e• e- - - - - - -
the issue citations for violations of parking ordinances or Florida Statutes that regulating regulate
the parking of motor vehicles on all public rights-of-way and public property of the city. Notice of
violation of a parking ordinance or Florida Statute lir-pelice-officers shall be given by leaving a
citation specifying the violation with the registered owner or operator of the motor vehicle or by
attaching the parking citation to the motor vehicle if it is unattended. A-d Duplicate espy copies of
each sueh ticket shall be signed by issuing officer personnel, with-his
signature rffixed thereto .- _ _ - _ _ • _• _ , and filed with the records division of the
police department or otherwise submitted to an automated records management system by the
end of their shift of work each day.
Ord. No. 75-18-20, § 2(Exh. A), 1-14-19; Ord. No. 1, Exh. A, 2022)
Sec. 21-37. - Form of citations.
Citations for violation of parking ordinances shall:
a)Be in writing and in the name of the city;
b)Set forth substantially the nature of the offense and the number of the ordinance being violated;
c)State the date and time delivered;
d)Specify the license tag number of the motor vehicle causing the violation as well as the person
cited if delivered in person;
e)Command the owner or operator of the motor vehicle causing the violation to pay to the city the
applicable fine as established by section 21-38; and
f)Be signed by the police officer or authorized civilian parking enforcement personnel issuing
them the citation; and
q)Contain information to appeal the citation to the Clerk of Courts if the owner/operator wishes to
challenge the citation.
Ord. No. 1, Exh. A, 2022)
Sec. 21-39. - Payment of parking fines.
a)The finance department is hereby authorized to accept payment of a parking fine as specified
on the parking citation and in accordance with the schedule of fines. The voluntary payment of a
parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and
waiver of the right to a trial for purposes of this chapter.
b)There is imposed on each person charged with violation of a parking ordinance who fails to pay
the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
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c) The Chief of Police or their designee shall have the discretion of
relieving the owner or operator from of paying any portion of a
parking citation, including without limitation the additional fifty dollars ($50.00) late fee, upon good
cause being shown and documented : - . - - - - - - - by the owner or operator of
the vehicle.
d)Multiple unpaid violations. If a motor vehicle has three (3) or more unpaid parking tickets, and
the time limitations for the payment of the tickets has expired, then the motor vehicle may be
disabled or towed pursuant to the conditions set forth within this chapter.
e)The city manager may authorize the use of other lawful collection methods such as but not
limited to: financial collections agencies; and withholding of vehicle registrations through the State
of Florida pursuant to FSS 316.1967.
Ord. No. 75-18-20, § 2(Exh. A), 1-14-19; Ord. No. 1, Exh. A, 2022)
Division 3—Controlled and Metered Parking
Sec. 21-42. — Removing and impounding.
a)Members of the police department are hereby authorized to remove and shall cause to be
removed any motor vehicle from any public rights-of-way or public property within the city to a
public garage or other place of safety for violations of provisions enumerated
in this . - - - • - -- - - - - - •:• chapter or when such vehicle creates a public safety
concern,.- such as but not limited to:
a)al When a motor vehicle is left unattended:
1-)a. On a paved sidewalk;
b. Within seven (7)feet of a public or private driveway upon complaint;
c. Within fifteen (15)feet of a fire hydrant;
4)d. Within an intersection;
5-)e On a crosswalk; or
6)f. Alongside or opposite any street excavation or obstruction when stopping, standing, or
parking would obstruct traffic.
9)u When any motor vehicle is left unattended at any place where official signs or markings
on the curb prohibit parking, stopping, or standing.
ea()When any motor vehicle is left unattended upon any roadway or right-of-way for a period
of time longer than seventy-two (72) hours.
d)(4)When a motor vehicle upon a right-of-way is so disabled as to constitute an obstruction
to traffic, or the person in charge of the motor vehicle is, by reason of physical injury or
condition, incapacitated to such an extent as to be unable to provide for its custody or removal.
e)(_5_1 When any motor vehicle is left unattended upon a right-of-way and is so parked illegally,
or the motor vehicle constitutes an obstruction to normal movement of traffic.
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b) All expenses and charges for towing and impoundment pursuant to §21-51 shall be the
responsibility of the owner of the motor vehicle.
Ord. No. 1, Exh. A, 2022)
Sec. 21-43. - General provisions.
a)The city manager, after review and approval by resolution by the city commission, is authorized:
to establish controlled and metered parking zones ("metered parking zones")within the City of
Atlantic Beach; to designate parking spaces within such metered parking zones; and to fix the time
limitations for lawful parking in a manner consistent with the schedule of metered parking zones.
The city manager, after review and approval by resolution by the city commission, shall establish
the schedule and hours during which persons will be required to make payment for the use of a
designated parking space within a metered parking zone.
b)Notwithstanding any other provision of the Atlantic Beach Code of Ordinances to the contrary
and to the extent permitted by law and after review and approval by resolution by the city
commission, the city manager is authorized to delegate the implementation and enforcement of
this division 3 to a "district parking operator" which may be an individual, city personnel or a public
or private entity, subject to all procurement provisions contained in chapter 2, article VII, division 2,
purchasing, as may be applicable. As used in this division 3, the term "district parking operator"
means such duly designated person or entity, or, in the absence of a duly designated person or
entity, shall mean city personnel authorized to implement and enforce this chapter 21.
c)Violations of any section of this division 3 shall be punishable as set forth herein in Sections 21-
29 and 21-39.
d)Installation and removal of parking meters and posts and kiosks.
4)The city manager shall direct parking meters, posts or kiosks to be installed under the
authority of this division 3 and to be placed within city rights-of-way or upon other city property
located within metered parking zones. Each meter, post or kiosk shall carry upon its face operating
instructions for the collection of payment and parking time limitations.
e)Marking of parking spaces.
1)If the city manager deems it necessary or appropriate in the interest of the proper
regulation of traffic and parking, the city manager is authorized to clearly mark designated parking
spaces . • -- - .- • . - - .. -- .' -- _ - _ -- within metered parking zones. It
shall be unlawful to park a vehicle across a line or marking se in such a manner that the vehicle is
not located entirely within the designated parking areas_ : .. - _ •. - _ •
mafkinge_
2)When a designated parking space located within a metered parking zone, whether
marked by lines or not, is parallel with or diagonal to the adjacent curb, sidewalk or edge of
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pavement, a vehicle, with the exception of motorcycles, shall be parked head-in or, if there is a
parking meter in the space so that the front of the vehicle is nearest to the parking meter and
facing in the same direction as the traffic flow on the applicable side of the street. It shall be
unlawful to park a vehicle in a designated parking space in any other manner.
Ord. No. 75-19-21 , § 1, 8-12-19; Ord. No. 1, Exh. A, 2022)
Sec. 21-44. - Metered parking charges; overtime parking; enforcement.
a)When a vehicle is parked or standing in a designated parking space located within a metered
parking zone, the vehicle operator shall immediately deposit or cause to be deposited in the
parking meter or kiosk, either payment for the parking as required fef-thg according to the
rate specified upon the face of the meter or kiosk, using approved methods of payment as
displayed on the meter or kiosk or, if available, upload vehicle registration information to the
automated parking program "app" provided the vehicle has been registered with the City for"grace
periods" pursuant to subsections (d) and (f) below. Upon payment or uploading the required
registration information, the designated parking space may be lawfully occupied by a vehicle
during the period of parking time which has been prescribed for the metered parking zone or for
that portion of time covered by the payment so deposited or grace period permitted whichever is
less. If the vehicle remains parked in the designated parking space beyond the parking time fixed
for that metered parking zone, er the parking time paid for or the grace period, as
may be applicable, the vehicle shall be considered illegally parked and may be
cited and towed for a violation of this chapter.
b) •- - Personnel authorized by this chapter to may issue citations for
any parking violation including overtime parking violations within metered parking zones in
accordance with the schedule of fines set forth in section 21-38. Citations shall substantially
comply with the form of citations set forth in section 21-37 - _ •_ _' _ _ . _
c)No person shall deposit any additional payment in a parking meter or kiosk for the purpose of
increasing or extending the parking time for a vehicle beyond the lawful parking time limitation
which has been established for the metered parking zone in which the space is located.
d)
4)(d)The rates and charges for the use of the -- - '-- - •_ . - _ - - - •- -: parking spaces
located within metered parking zones in the Beaches Town Center area are fixed as follows:
a-:(1)Free for the first thirty (30) minutes for all persons;
b7(2)Free for up to three (3) hours for Atlantic Beach residents who have registered for paid
parking with the city ("grace period"); and
s:(3)One dollar($1.00)for each thirty (30) minutes for all others persons.
dr(4)One (1) or more parking spaces located along Ocean Avenue Boulevard within the
metered parking zone shall may be designated by the city manager for"take out" only, and shall
be limited to fifteen (15) minute parking only and shall be free.
e) Pay to park dates of operation, days of the week and hours shall be set by the City
Commission unless expressly delegated to the City Manager.
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f)The rates and charges for the use of the - - - . •- parking spaces
located within metered parking zones in all areas of the city other than the Beaches Town Center
are fixed as follows:
1. Three (3) hour grace period for registered Atlantic Beach residents;
2. One dollar($1.00)for each thirty (30) minutes.
q) Persons who hold a valid disabled parking permit and display it properly in a vehicle may park
in any designated parking space for up to four(4) consecutive hours at no cost.
fli)(-2)The city manager may modify these rates, establish minimum and maximum daily and
monthly rates and establish time zones as may be required to meet market demands. Such
modifications to the rates are subject to review and approval by the City Commission oity
e. - ... . . - e . -- -- - -. . . •- -- In
addition, the City Manager may authorize temporary modifications of such rates for a limited
duration, but in no case for more than 72 hours.
WNo payment shall be deposited in a parking meter or kiosk in a slot other than the slot clearly
designated for the purpose of accepting payment of the particular denomination and type
deposited. If a parking meter or kiosk is designed to accept a denomination and type of payment
which, at the established rental rate for parking in the metered parking zone in which the meter or
kiosk is located, would result in an overpayment for parking, an instruction shall be placed on the
meter or kiosk that the deposit of the payment will not afford additional lawful parking time, and
such payment shall not afford additional lawful parking time in the designated space.
fj)No person shall deposit or cause to be deposited in a parking meter or kiosk a false or
counterfeit bill, or object other than lawful tender of the United States. If a false or counterfeit bill,
or other object is discovered, the Chief of Police or designee shall be notified.
No person shall deface, injure, tamper with, open, impair the usefulness of or otherwise damage
a parking meter, post or kiosk.
fjNo person, except the district parking operator or an authorized agent or employee of the district
parking operator, or in the event the city manager has not designated a district parking operator,
then the city manager or the city manager's designee, shall remove or cause to be removed
money from a parking meter or kiosk.
m)Under this division, no person shall dispose of a parking ticket except in the manner provided
by--law. in Sec. 21-39(c).
Ord. No. 75-19-21 , § 1, 8-12-19; Ord. No. 75-20-24 , § 1, 6-8-20; Ord. No. 1, Exh. A.,
2022)
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division.
eiiewing4
device is attached;
to +, ele
Ord. No. 75 19 21 , § 1, 81219)
Sec. 21-456. - Pay for parking revenue fund.
a)Establishment of fund. The sits-sem City Commission hereby establishes the pay for
parking revenue fund ("parking fund")for the purposes of accepting and disbursing monies paid to
the city from the pay for parking program in the Beaches Town Cente' This parking fund may be
used within the city boundaries to fund complete streets projects including but not limited to a
comprehensive, integrated transportation network with infrastructure and design that allow safe
and convenient travel along and across streets for all users, including pedestrians, bicyclists,
persons with disabilities, motorists, movers of commercial goods, users and operators of public
transportation, seniors, children, youth, and families (i.e., new sidewalks, sidewalk repairs, cross
walks, traffic calming measures, bike racks, road diets, benches, transit shelters/ride share drop
off points, etc.).-This parking fund may also be used to fund landscape and/or hardscape projects
within the City The parking fund may also be used to fund alternative
transportation and parking solutions within the City city. •- .' : - • - - -
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revenue funds received by the city shall be reserved, until the buy out terms expire as outlined in
program . Funds collected as any part of the paid parking program may be used to pay for the
management of the paid parking program including but not limited to salary, equipment, training
and operation of the program. No other uses of the parking fund are permitted.
b)Terms of existence. The parking fund shall be self-perpetuating from year to year unless
specifically terminated by the City Commission
c)Parking fund assets. All funds received shall be placed in the parking fund for and inure to the
public use and benefit of the city. Said funds shall be used in accordance with the provisions of
subsection (a) above and distributed as designated by the City Commission
d)Parking fund administration.
1)Parking funds shall be used only for the purposes designated by the city in accordance
with the intent provisions of this section 21-456 and shall comply with the applicable goals,
objectives and policies as set forth within the comprehensive plan.
2)All funds collected from the pay for parking established in division 3 of this chapter shall
be deposited in the parking fund, which shall be a separate account established and maintained
apart from the general revenue fund of the city.
e)Disbursal of parking fund assets.
1)Expenditures for projects funded by the parking fund shall be made in accordance with
the established purchasing procedures of the city.
Ord. No. 75-19-22 , § 1, 11-25-19; Ord. No. 1, Exh. A, 2022)
Secs. 21-46 —21-49. Reserved.
Sec. 21-51. - Charges for towing and storage.
The charges for towing and otherwise removing any motor vehicle from any
point within the city shall be as set forth in section 804.1204 of the City of Jacksonville Code of
Ordinances with rates as defined by section 804.1205 of the City of Jacksonville Code of
Ordinances as amended from time to time.
Ord. No. 75-18-20, § 2(Exh. A), 1-14-19; Ord. No. 4$1, Exh. A, 2022)
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