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Ordinance No. 75-92-9 v ORDINANCE # 75-92-9 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 21 , TRAFFIC AND MOTOR VEHICLES , REPEALING SECTION 21-22 COMMERCIAL, RECREATIONAL, ETC. , VEHICLE; WEIGHT REQUIREMENTS AND ADDING A NEW SECTION 21-22 . COMMERCIAL, RECREATIONAL, ETC. VEHICLES; WEIGHT REQUIREMENTS AND ADDING A NEW SECTION 21-27 , RESIDENTIAL PARKING STICKER PROGRAM, AND PROVIDING AN EFFECITVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1 . Repeal SECTION 21-22 . Commercial , recreational , etc . , vehicles ; weight requirements in its entirety and add the following : SECTION 21-22 . Commercial , recreational , etc . , vehicles ; weight requirements . (a) No person shall stop , stand , or park a commercial vehicle in excess of eighteen thousand five hundred ( 18 ,500) pounds gross vehicle weight , or any combination thereof , or any component part thereof upon any private property in a residential zone except for the purpose of loading and unloading . Component part shall include the tractor unit or trailer unit of any tractor-trailer type truck. (b) No person shall stop , stand , or park a recreational vehicle , camper , bus , flatbed truck, travel trailer , equipment trailer , boat , boat trailer , or commercial vehicle upon any street or right-of-way except for the purpose of loading or unloading . SECTION 2 . Residential Parking Sticker Program: "SECTION 21-27 . Residential Parking Sticker Program: ( 1) Definitions : (a) "Residential parking street" shall mean a street or portion thereof where curbside parking is limited to vehicles properly displaying a residential parking permit authorized by this Ordinance . Designated streets will be enumerated by resolution of the City Commission and amended from time to time by said body. (b) "Resident" shall mean any person who resides in or pays real property taxes to the City of Atlantic Beach on real estate or on a structure approved for residential occupancy and who is the owner of such structure or tenant therein, or who can demonstrate some other indication of exclusive right of occupancy . (2) Designation of Residential Parking Streets . A street or a portion thereof may be designated as a residential parking street by the City Commission acting on its own upon public notice and hearing , or upon request by residents , provided that any request by residents shall be in a petition form suitable to the City Clerk and filed with the City Clerk, signed by at least fifty percent (50%) of all residents 18 years of age or older who reside on the street or portion of the street under consideration. After advertisement and notice to all property owners of proposed residential parking street or portion thereof , the petition shall be placed on the agenda of a regularly scheduled meeting of the City Commission. The Commission shall then decide on whether or not to designate the street or portion thereof as a residential parking street , provided the City Commission makes at least the follow findings : (1 ) it has sufficient information to make such decision; (2) designation of the proposed residential parking street or portion thereof is in the best interests of the public health, safety , and welfare ; and (3) at least fifty percent (50%) of the residents 18 years of age and older to be affected by said designation are in agreement therewith. (3) Withdrawal of designation of residential parking street . The City Commission may , at any time , upon petition as aforesaid or on its own motion, upon public notice and hearing , withdraw the designation of an existing residential parking street . Such withdrawal shall become effective thirty (30) days after such vote . (4) Posting of residential parking permit signs . Following the City Commission ' s vote to designate a residential parking street , parking signs shall be erected on said residential parking street . The signs shall inform vehicle operators that curbside parking on the street is restricted unless said vehicle displays a residential parking permit authorized by this Ordinance . Additionally , each parking space shall be painted and/or especially marked to reflect an area for residential parking permit only . Vehicles exceeding the boundaries of the parking spaces so marked will not be allowed . (5) Residential parking permits . The applicant for a residential parking permit must be a resident of the City of Atlantic Beach, and the vehicle to which said permit is to be affixed shall be owned , leased , or in the case of a company car issued to , a resident of the City of Atlantic Beach. Any resident over the age of sixteen ( 16) may apply for a residential parking permit by completing an application therefore prescribed by the City Manager , which application shall be designed to provide the following information: the name and residential address of the owner of the vehicle ; the name , residential address and drivers license number of the principle operator of the vehicle ; the make , model and registration number of the vehicle . The drivers license and vehicle registration must be presented with the application. Whenever the Director of Finance or his designee finds that the applicant qualifies under this chapter for residential parking permit for the vehicle described in the application , he or she shall , upon payment of the fees set forth herein, issue one residential parking permit in the form of a sticker or other method prescribed by the City Manager . The fee for a residential parking permit shall be five dollars ($5) for the first year and one dollar ($ 1) for each year thereafter payable at the time of the submission of the application for the permit . The fee shall not be prorated and no portion of 'any fee shall be refundable . (6) Renewal or transfer of permits . A holder of a valid permit from the previous year shall be entitled to a new residential parking permit for the current year upon payment of the annual fee and submission of evidence to the Director of Finance or his designee that the holder is still qualified for residential parking permit . For the purposes of this program, an annual year shall be comprised of the dates between January 1 and December 31st . The holder of a valid residential parking permit shall receive a new residential parking permit for the purpose of transferring the same to another qualifying vehicle upon completion of a new application and payment of fee as here before provided . (7) Use of residential parking permits . A parking permit shall not guarantee or reserve a parking space nor shall it excuse the observance of any traffic parking regulation. It shall be a violation of this Ordinance for the holder of a residential parking permit to use said permit when the permit holder no longer fulfills one or more of the applicable provisions of this Ordinance . It shall be a violation of the Ordinance for any person to represent , in any fashion, that a vehicle is entitled to a parking permit authorized by this Ordinance when in fact it is not so entitled . The display of a parking permit on a vehicle not entitled to such a permit shall constitute a violation of this Ordinance . It shall be a violation of this ordinance for any person to duplicate or attempt to duplicate a residential parking permit or to display on any vehicle such a duplicate parking permit . It shall be a violation of this Ordinance for any vehicle to park in a designated permit parking space on a residential parking street without a valid parking permit issued by the City of Atlantic Beach. (8) Violations and penalties . The parking of any vehicle in a manner contrary to the residential parking provision established herein shall be subject to the penalties and laws provided within the Code of Ordinances with the City of Atlantic Beach. The use of any residential parking permit in a manner contrary to the provisions established herein is prohibited and the same is declared to be unlawful in addition to those penalties dictated above , the City Manager or designee shall have the responsibility and authority to revoke the residential parking permit of any resident for the abuse of or use of a residential parking permit in a manner contrary to the provisions established in this section . Revocation of the residential parking permit or conviction of a violation may be considered just cause for denial of future residential parking permits to such resident . The parking of any vehicle in a manner contrary to the residential parking provision established herein shall be subject to the penalties provided in SECTION 21-38 ( 1 ) of the Code of Ordinances of the City of Atlantic Beach , as set forth in the schedule attached hereto . (9) Severability . The provisions of this ordinance are separable and if any provision, clause , sentence , subsection, word or part thereof is held illegal , invalid or unconstitutional , such an illegality , invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions , clauses , sentences , subsections , words or parts of the regulation or their application to other persons or circumstances . It is hereby declared to be the legislative intent that this Ordinance would have been adopted if such illegal , invalid or unconstitutionally provision , clause , sentence , subsection, word or part had not been included therein and if such person or circumstance to which the Ordinance or part thereof is held inapplicable had been specifically exempted therefrom. (10) This ordinance is hereby repealed effective twleve o ' clock (12 : 00) midnight on February 23 , 1994 . Prior to the repeal hereof , upon review by the City Commission , this Ordinance May be extended as deemed appropriate by the City Commission. SECTION 3. This ordinance shall take effect immediately upon its final passage and adoption. Passed by the City Commission on first reading this 10th day of February , 1992 . Passed by the City Commission on second and final reading this _ 24th day of February , 1992. ATTEST: MAUR E I...AS '4 el• N KING , C � ty C1�rk ILLIAM I . � IFORD , R. Appro ed as to f. m and correctness : Mayor/Presiding Offi• •r C'AN C. JE ,,��, , ESQUIRE ity Atto, y