Ordinance No. 75-96-11 v DSD /0r P �,
ORDINANCE NO. 75-96-11
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
ADDING SECTION 21-27, RESIDENTIAL PARKING STICKER
PROGRAM, AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Commission of the City of Atlantic Beach, Florida:
SECTION 1. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new section to be numbered Section 21-27, which section shall
read as follows:
"Sec. 21-27. Residential parking sticker program.
(a) Definitions. [The following terms shall have the meaning
ascribed to them in this section, except where context clearly indicates a
different meaning.]
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 section. Designated streets will be enumerated by
resolution of the city commission and amended from time to time by said
body.
Resident shall mean any person who resides in or pays real property
taxes to the city 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.
(b) 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 eighteen (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 conunission 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 following
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 eighteen (18) years
of age and older to be affected by said designation are in
agreement therewith.
(c) 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.
(d) 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 section. 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.
(e) Residential parking permits. The applicant for a residential
parking permit must be a resident of the city 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. Any resident over the age of sixteen (16)
may apply for a residential parking permit by completing an application
therefor 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 driver license number
of the principle operator of the vehicle; and the make, model and registration
number of the vehicle. The driver license and vehicle registration must be
presented with the application. Whenever the city manager or his designee
fmds that the applicant qualifies under this chapter for a residential parking
permit for the vehicle described in the application, he or she shall issue one
(1) residential parking permit in the form of a sticker or other method
prescribed by the city manager.
(f) 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 submission of evidence to the director of finance or his
designee that the holder is still qualified for the residential parking permit. For
the purpose of this program, an annual year shall be comprised of the dates
between January 1 and December 31. The holder of a valid residential
parking permit shall receive a new residential parking permit for the purpose
of transferring same to another qualifying vehicle upon completion of a new
application.
(g) 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 section for the holder
of a residential parking permit to use said permit when the permit holder no
longer fulfills one (1) or more of the applicable provisions of this section. It
shall be a violation of the section for any person to represent, in any fashion,
that a vehicle is entitled to a parking permit authorized by this section 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 section. It shall be
a violation of this section 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 section 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.
(h) 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 with the Code of Ordinances of
the city. The use of any residential parking permit in a manner contrary to
the provisions established herein is prohibited and 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 maybe
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 the city, as set forth in the schedule
attached Ordinance 75-92.9."
SECTION 2. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this /1-/ day of DGS 466-7e ,
1996.
rAji. Co
PASSED by the City Commission on second and final reading this day of
, 1996.
ATTEST:
MAUREEN KING LYMAN T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
•.r AN C I SEN, ESQUIRE
City Atte: ey