Ordinance No. 75-04-16
ORDINANCE NUMBER: 75-04-16
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, AS SET FORTH WITHIN THE
CODE OF ORDINANCES, AND ADOPTING ORDINANCE 75-04-16,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY
COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 21, Traffic and Motor Vehicles, of the Code of Ordinances
for the City of Atlantic Beach, Florida is hereby amended, and upon enactment shall read
as follows.
ARTICLE I. IN GENERAL
Sec. 21-1. Adoption of Florida Uniform Traffic Control Law. and the Manual on
Uniform Traffic Control Devices. There is hereby adopted by reference the Florida
Uniform Traffic Control Law, being Chapter 316, Florida Statutes, as may be amended,
which law shall be in full force and effect within the City as if fully set forth herein, and
shall be considered as part of this Chapter. Also adopted by reference and considered as
part of this Chapter is the Manual on Uniform Traffic Control Devices (MUTCD) for
Streets and Highways, as published and amended by the Federal Highway
Administration.
Sec. 21-2. Permit required for parades and processions. No procession or parade
shall occupy, march or proceed along any street or roadway except in accordance with a
permit issued by the City Manager and such other regulations as are set forth within this
Code, which may apply.
Secs. 21-3 - 21-15. Reserved.
ARTICLE II. STOPPING, STANDING AND PARHING*
*Cross references: Off-Street Parking and Loading, § 24-161; Parking Lots, § 24-162;
Storage and Parking of Vehicles in Residential Districts, § 24-163.
State law references: Authority to regulate or prohibit stopping, standing or parking, F.S.
_ § 316.008(1)(a); stopping, standing or parking in specified places, F.S. § 316.1945;
"" additional parking regulations, F.S. § 316.195.
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DIVISION 1. GENERALLY
Sec. 21-16. Manner of parking.
(a) No person shall stop, stand or park a vehicle in a roadway other than parallel with the
edge of the roadway in the direction of the traffic. If a curb is present, the curbed
side wheels of the vehicle shall be within twelve (12) inches of the edge of the
roadway, except as provided in the following paragraphs:
(1) Angled parking upon a street, which has been marked or signed for angle parking.
The vehicle shall be parked at the angles of the curb indicated by the mark or
sign;
(2) Loading or unloading in a place where, and at hours when, stopping for the
loading or unloading of merchandise or materials is permitted. A vehicle is used
for the transportation of merchandise or material may be backed into the curb to
take on or discharge loads.
(b) No vehicle, trailer, boat, equipment of any kind shall be temporarily or permanently
parked or placed in any location on public or private property, which interferes with
the safe, clear and unobstructed sight distance of any right-of--ways intended or
designated for use by pedestrians, bicycles, and vehicles. Such obstruction shall be
immediately removed by order of the Police Department, and if required, charges for
towing and storage, as set forth herein shall apply.
State law references: Similar provisions, F.S. § 316.195.
Sec. 21-17. Prohibited in specific areas. No person shall stop, stand or park a vehicle,
in any of the following places or as restricted by the following provisions, except when
necessary to avoid conflict with other traffic, or when complying with the directions of a
police officer or an official traffic-control device.
(a) On a sidewalk or in a manner that any part of the vehicle is protruding over a
sidewalk or any part of the sidewalk area;
(b) On any City right-of--way within seven (7) feet of a public driveway, 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 at an intersection, unless permitted to do so by
a zone or devices established in the area;
Page 2 of 9 Ordinance Number 75-04-16
(g) Along side or opposite any street excavation or obstruction when the stopping,
standing or parking could obstruct traffic, and any place where any official sign
prohibits stopping or parking, and any parking place specifically designated and
marked for the disabled unless the vehicle displays a parking permit as required by
state law.
(1) A person who is chauffeuring a disabled person shall be allowed, without need for
an identification parking permit, momentary parking in the parking space for the
purpose of loading or unloading a disabled person, and no penalty shall be
imposed upon the driver for this momentary parking.
(2) A person convicted of violating these provisions regarding parking spaces
designated for disabled persons shall be punished by a five hundred dollars
($500.00).
(h) Parking shall be prohibited on the following streets and roadways at all times:
(1) East Coast Drive
(2) Ocean Boulevard
(3) Sherry Drive (South)
(4) Seminole Road
(5) Plaza Drive (except for the 300 Block)
(6) Royal Palms Drive
(7) Sailfish Drive
(8) Levy Road
(9) Dutton Island Road
(10) Donner Road
(i) Overnight parking prohibited. No vehicle, Boat or Trailer, other than official vehicles
as authorized by the City, shall be parked overnight in any 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.
State law references: Similar provisions, F.S. § 316.1945.
Sec. 21-18. Obstructing traffic. No person shall stop, stand or park a vehicle in a
street in a manner or under such conditions as to leave available less than 10 feet of a
roadway for free movement of vehicular traffic, except a driver may stop temporarily
Page 3 of 9 Ordinance Number 75-04-16
during the actual loading or unloading of passengers or when necessary in obedience to a
traffic regulation or traffic sign or signal or a police officer.
Sec. 21-19. Compliance with signs prohibiting parking required. When a sign
prohibiting parking is erected or a curb is officially marked to prohibit parking, no person
shall park a vehicle in such a designated place.
Sec. 21-20. Parking limitations. When a sign is erected in each block giving notice
thereof, no person shall park a vehicle for longer than the respective times set forth in any
schedule applicable thereto promulgated and adopted by the City Manager.
Sec. 21-21. Parking for certain purposes prohibited. No person shall stand or park a
vehicle upon any roadway or right-of--way for the principal purpose of:
(a) Displaying it for sale; or
(b) greasing, changing the oil or other fluids, or repairing the vehicle, except repairs
necessitated by an emergency.
Sec. 21-22. Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of 10,000 pounds
gross vehicle weight, or any combination thereof, or any component part thereof,
including the tractor unit or trailer unit of any tractor-trailer-type truck, upon any
private property in a residential zone except for the purpose of loading and unloading.
No more than four (4) hours shall be allowed for loading and unloading, unless
otherwise authorized by the City Manager or his designee.
(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. No more than
four (4) hours shall be allowed for loading and unloading, unless otherwise
authorized by the City Manager or his designee.
(c) Violations of subsection (a) or (b) above shall be punishable by a fine in the amount
of fifty dollars ($50.00) for a first offense and one hundred dollars ($100.00) for each
subsequent offense.
Sec. 21-23. Parking more than 72 hours prohibited. No person shall park a motor
vehicle on any street or right-of--way for a period of time in excess of 72 hours.
Sec. 21-24. Abandoned, wrecked, junked or inoperative property, etc.--Declared
unlawful; exception; nuisance declared.
Cross references: Nuisances, Ch. 12.
Page 4 of 9 Ordinance Number 75-04-16
Sec. 21-25. Removing and impounding. Members of the Department of Public Safety
of the City are hereby authorized to remove and shall cause to be removed any vehicle
from any street or alley or right-of--way within the City to a public garage or other place
of safety under circumstances enumerated in this article:
(a) When a vehicle is left unattended:
(1) On a sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic.
(b) When any vehicle is left unattended at any place where official signs or markings on
the curb prohibit parking, stopping, or standing.
.., (c) When any vehicle is left unattended upon any street or right-of--way for a period of
time longer than seventy-two (72) hours;
(d) When a vehicle upon a street or alley is so disabled as to constitute an obstruction to
traffic, or the person in charge of the 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) When any vehicle is left unattended upon a street or alley and is so parked illegally,
or the vehicle constitutes an obstruction to normal movement of traffic.
Cross references: Establishment of rotating wrecker call list, § 21-50.
Sec. 21-26. Same -Towage and storage charges. Any and all towage and storage
charges reasonably due the operator of the garage or place where the vehicle under
provisions of this article, shall constitute a lien against the vehicle. The operator of the
garage or other place the vehicle is stored is hereby authorized to hold the vehicle until
the towage and storage costs are paid by the owner of the vehicle, or, in his behalf, the
operator; provided, that in no event shall the City or any officer; employee or department
of the City be liable for the charges and costs by reason of their enforcement of this
section.
Cross references: Charges for towing and storage, § 21-51.
Page 5 of 9 Ordinance Number 75-04-16
DIVISION 2. ENFORCEMENT
Sec. 21-36. Issuance of citations. The Director of Public Safety shall have exclusive
control of and shall have printed uniform traffic citations which shall be pre-numbered
and which shall be issued to the public safety officers. It shall be the duty of the public
safety officers to check on parking locations for indications of illegal parking and to give
the notice of the violation of parking ordinances regulating the parking of vehicles in any
street block of the City. Notice of violation of a parking ordinance by public safety
officers shall be given by leaving a citation specifying the violation with the registered
owner or operator of the vehicle or by attaching the citation to the vehicle if it is
unattended. A duplicate copy of each such ticket shall be made and filed by the public
safety officer, with his signature affixed thereto, at the close of each day's work, with the
Records Division of the Public Safety Department.
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 vehicle causing the violation as well as the
person cited if delivered in person;
(e) command the owner or operator of the vehicle causing the violation to pay to the City
of Atlantic Beach, Finance Department the applicable fine as established by Section
21-38; and
(f) shall be signed by the person issuing them.
Sec. 21-38. Schedule of fines. There is hereby established the following schedule of
fines to be assessed in cases of parking violations occurring within the City:
(a) Parking in prohibited areas ............................... $50.00
(b) Parking within 15' of fire hydrant ..................... $50.00
(c) Parking double ........................................... $50.00
(d) Obstructing traffic ....................................... $50.00
(e) Obstructing driveway ..................................... $50.00
(f) Parking Over Time Limit .................................$50.00
Page 6 of 9 Ordinance Number 75-04-16
(g) Other improper parking .................................. $50.00
(h) Illegal parking in designated ADA Accessibility
parking spaces ........................................... $500.00
Sec. 21-39. Payment of parking fines.
(a) The City of Atlantic Beach 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 at any time before a summons is issued with respect thereto, in
person at his office or by mail. 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 $50.00.
(c) The Director of Public Safety shall have the discretion of relieving the person named
in the citation of paying the additional $50.00 late fee upon good cause being shown
and documented by the Director of Public Safety.
(d) Multiple Unpaid Violations: If a vehicle has three (3) or more unpaid parking tickets,
and the time limitations for the payment of the tickets has expired, then the vehicle
may be disabled or towed pursuant to the conditions set forth within this Chapter.
Sec. 21-40. Disposition of money collected as fines. All fines and costs collected in
accordance. with the terms of this Division shall be paid forthwith to the Director of
Finance in a manner as prescribed by the Director of Finance.
Sec. 21-41. Presumption of motor vehicle ownership. For purposes of violation of a
parking ordinance of the City, the specification of a motor vehicle license tag number on
a citation for such violation, by an officer charged with enforcement thereof, shall be
prima facie evidence that the motor vehicle is owned by the person in whose name the
license tag is registered in the office of the appropriate agency of the state issuing the
license tag.
Secs. 21-42--21-49. Reserved.
ARTICLE III. WRECKER SERVICE*
Cross references: Removing and impounding, § 21-25; towage and storage charges, § 21-
26.
Sec. 21-50. Establishment of rotating wrecker call list. The Chief of Police, subject
to approval by the City Manager, is hereby authorized to establish standards and rules for
the administration of a rotating wrecker service to the City. All wrecker and towing
Page 7 of 9 Ordinance Number 75-04-16
firms, companies, or corporations licensed to conduct that business may apply for a
~A listing by the Police Department on the rotating wrecker call list.
Sec. 21-51. Charges for towing and storage. The charges for towing and otherwise
removing any damaged motor vehicle from any point within the City shall be as set forth
below. Daytime shall be defined as the hours from 6:OOam until 6:OOpm. Nighttime
shall be defined as the hours from 6:OOpm until 6:OOam, and Nightime charges shall also
apply Sundays and Legal Holidays.
(a) Class A wrecker Daytime Ni htg time
Passenger cars and light vans $73.00 $94.00
Trucks (half-ton to two tons $73.00 $94.00
Campers, trailers and mobile homes $105.00 $105.00
Motorcycles $ 73.00 $94.00
(b) Class B wrecker
The charges for towing and otherwise removing any truck, unit or part thereof, from
more than two (2) tons to ten (10) tons of weight $105.00 per hour towing charge, but
in no event less than a $100.00 charge for towing, and not more than $105.00 per
hour for cleanup, extra labor and waiting time.
(c) Class C wrecker
The charges for towing and otherwise removing any truck or unit of 10 tons or greater
weight $157.00 per hour towing charge for a truck or unit transportable as a whole,
but in no event less than $157.00 charge for such towing, or, $210.00 per hour towing
charge for a truck or other unit not transportable as a whole, but in no event less than
a $100.00 charge for such towing; and not more than $100.00 per hour for cleanup,
extra labor or waiting time.
(d) Overturned vehicles: Regular price plus .........$52.00 $52.00
(e) On Ocean: regular price plus
(Driver and/or wrecker must enter water)..........$52.00 $73.00
(f) Use of dollies: regular price plus ................. $52.00 $75.00
(g) The charges for storage of vehicles by wrecker service operators shall be as follows:
Storage, outside per day ........... $17.00
Storage, inside per day ............ $21.00
(h) When a wrecker is called and the owner arrives to claim his vehicle before it can be
removed, a partial fee is allowed of forty-two dollars ($42.00), if the wrecker has
been physically attached to the vehicle. If the owner arrives before the wrecker is
attached, no fee will be charged.
(i) The above charges may be changed by resolution adopted by the City Commission.
Cross references: Towage and storage charges, § 21-26.
Page 8 of 9 Ordinance Number 75-04-16
Sec. 21-52. Wreckers to be equipped at all times. All wreckers must be equipped at
all times with amber flashing lights and all necessary working tools, including but not
limited to, bolt cutters, crowbars, shovel, broom, axe and fire extinguisher.
Sec. 21-53. Liability insurance. All wreckers shall have, maintain, and keep in full
force and effect, liability insurance in amounts not less than $100,000.00 to $300,000.00
and property insurance in an amount not less than $50,000.00.
Sec. 21-54. Repairing vehicles without authorization prohibited. It shall be
unlawful for any person to dismantle or to make repairs, alterations or additions to any
such removed vehicle without the written consent signed by its owner or his duly
authorized agent.
Secs. 21-55--21-59. Reserved.
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the
City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed upon first reading and public hearing by the City Commission of the City of
Atlantic each this 23rd day of August,
20~~'~~ed upon final reading and public hearing this 13th day of September, 2004.
:VE
Officer
A roved as tq form and correctness:
'~ AN . J SEN, ESQUIRE
City A ey
At
JAMES ANSON
Actin City Clerk
Page 9 of 9 Ordinance Number 75-04-16