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
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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
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