Agenda Item 8EAGENDA ITEM NO.
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Parking in the right -of -way
DATE: July 12, 2013
SUBMITTED BY: Michael D. Classey, Chief of Police
SRATEGIC PLAN LINK: N/A
BACKGROUND:
AGENDA ITEM # 8E
AUGUST 12, 2013
Over the past several years the City has received numerous complaints about parking in the
right -of -away, particularly on the through streets such as Seminole Road. Currently there are two
city ordinances that address this subject. Ordinance 24 -161 Off street parking and loading (1) (c)
states the following:
Parking for residential uses shall be located within paved or stabilized driveways, private
garages or carports or such areas intended for the day -to -day parking of vehicles. Vehicles shall
not be routinely parked within grassed or landscaped areas of a residential lot or on grassed or
landscaped portions of public rights -of -way adjacent to the lot.
Chapter 24 pertains to Land Development Regulations and Zoning. In the past, Code
Enforcement has attempted to control this through the issuance of warnings and putting the
property owner on notice that it is a violation. That resulted in some improvement, but usually
only in the short term. After a couple months, the violations usually return to the previous levels.
Section 24 -161 does not have a penalty component to it so the only enforcement mechanism is
through City Code 1 -11 which states the following:
... where no specific penalty is provided therefor, the violation of any such provision of this
Code or any other ordinance or resolution of the city or such rule, regulation or order shall be
punished by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not
exceeding sixty (60) days, or by both fine and imprisonment.
The instrument used to charge the offense would be a Notice to Appear (NTA) issued by a police
officer. This concept is problematic at best for a number of reasons. First of all, it would require
a mandatory court appearance even if the person wanted to just pay the fine. Second the
ordinance provides a penalty of up to $500 which the judge could apply on a first offense. Third,
issuing an NTA requires personal service to the violator which require multiple attempts
especially if someone is trying to avoid service.
AGENDA ITEM # RE
AUGUST 12, 2013
In the parking ordinance Section 21 -23 "Parking more than seventy -two hours prohibited" states:
No person shall park a motor vehicle on any street or righi -of -way for a period of time in excess
of seventy -Iwo (72) hours.
Regular parking citations can be written for violations of Chapter 21. However, the difficulty in
enforcing that section is that in most instances the vehicles are not parked there continuously for
72 hours. However, they may be parked in the right- of-way virtually every night, which is not
aesthetically pleasing and causes damage to the landscaping. Further, parking in the right -of -way
creates a public safety hazard by limiting the sight visibility from vehicle entering form side
streets or other driveways. As staff understands it, the intent is to allow limited short term
parking for guests and visitors, but not to convert it to regular parking for residents.
If the Commission desires to have the ability to have enforcement action taken, staff
recommends changing the title of that section, removing the current language and replacing with
the below.
Sec 21 -23 Parking in the right-of-way.
Parking in the right of way_on a very occasional or infrequent basis for periods generally short in
duration is permissible. Parking in the right-of -war is riot intended to be a solution for limited
driveway and/or garage parking.
No arson shall routine/ ark in the ri ht -of wa where routine/ is defined as 3 or more
occasions in any 7 day period.
The amount of staff time to investigate these violations would be substantially greater than that
of any other parking infraction given that multiple occurrences are required before it constitutes a
violation. Therefore, the Commission may wish to consider setting a fine amount greater than the
general $50 penalty. Staff recommends the fine for a first offense be set at $100.
Further, the likelihood of repeat offense would be greater than with other parking violations. As
such, staff recommends an inflating scale for subsequent offenses of $150 for the second within
any 24 month period and $250 for third and subsequent offense with the 24 month period.
Finally, for fourth and subsequent offense with any 24 month period the fine would be $500.
BUDGET: None
RECOMMENDATIONS: To provide the Commission with information and options for
addressing the concerns over parking in the right -of -way and to seek their direction for staff.
ATTACHMENTS: Draft of ordinances revisions.
REVIEWED BY CITY MANAGER: R:
AGENDA ITEM # 8E
AUGUST 12, 20I3
PART II - CODE OF ORDINANCES
Chapter 21 - TRAFFIC AND MOTOR VEHICLES
ARTICLE II. - STOPPING, STANDING AND PARKING
DIVISION 2. - ENFORCEMENT
DIVISION 2. - ENFORCEMENT
Sec. 21 -36. - Issuance of citations.
Sec. 21 -37. - Form of citations.
Sec. 21 -38. - Schedule of fines.
Sec. 21 -39. - Payment of parking fines.
Sec. 21 -40. - Disposition of money collected as fines.
Sec. 21 -41. - Presumption of motor vehicle ownership.
Secs. 21-42---21-49. - Reserved.
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 prenumbered 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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
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.
(Ord. No. 75- 04 -65, § 1, 9- 13 -04)
Atlantic Beach, Florida, Code of Ordinances Page 1
PART 11- CODE OF ORDINANCES
Chapter 21- TRAFFIC AND MOTOR VEHICLES
ARTICLE II. - STOPPING, STANDING AND PARKING
DIVISION 2. - ENFORCEMENT
Sec. 21-33. - Schedule of fines.
AGENDA ITEM # 8E
AUGUST I2, 2013
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 fifteen (15) feet 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
(g) Other improper parking $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces $250.00
(1) Parking in the right -of -way First offense within any 24 month period.... $100
Second offense within any 24 month period.... $150
Third offense within any 24 month period.....$ 250
Fourth or subsequent offense within any 24 month period.... $500
(Ord. No. 75- 04 -16, § 1, 9- 13 -04; Ord. No. 75- 04 -17, § 1, 10- 11 -04)
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 fifty dollars ($50.00).
(c) The director of public safety shall have the discretion of relieving the person named in the citation of
paying the additional fifty dollars ($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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
Atlantic Beach, Florida, Code of Ordinances Page 2
AGENDA ITEM # 8E
AUGUST 12, 2013
PART II - CODE OF ORDINANCES
Chapter 21- TRAFFIC AND MOTOR VEHICLES
ARTICLE II. - STOPPING, STANDING AND PARKING
DIVISION 2. - ENFORCEMENT
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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
Secs. 21-42-21-49. a Reserved.
Atlantic Beach, Florida, Code of Ordinances Page 3
AGENDA ITEM # 8E
AUGUST 12, 2013
PART II - CODE OF ORDINANCES
Chapter 21 - TRAFFIC AND MOTOR VEHICLES
ARTICLE II. - STOPPING, STANDING AND PARKING
DIVISION 1. - GENERALLY
DIVISION 1. - GENERALLY
Sec. 21 -16. - Manner of parking.
Sec. 21 -17. - Prohibited in specific areas.
Sec. 21 -18. - Obstructing traffic.
Sec. 21 -19. - Compliance with signs prohibiting parking required.
Sec. 21 -20. - Parking limitations.
Sec. 21 -21. - Parking for certain purposes prohibited.
Sec. 21 -22. - Commercial, recreational, etc., vehicles; weight requirements.
Sec. 21 -23. - Parking more than seventy -two hours prohibited.
Sec. 21 -24. - Abandoned, wrecked, junked or inoperative property etc. — Declared unlawful; exception'
nuisance declared.
Sec. 21 -25. - Removing and impounding.
Sec. 21 -26. - Same -- Towage and storage charges.
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 rights -of -way 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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
State law reference— Similar provisions, F.S. § 316.195.
Atlantic Beach, Florida, Code of Ordinances Page 1
AGENDA ITEM # 8E
AUGUST 12, 2013
PART II - CODE OF ORDINANCES
Chapter 21 - TRAFFIC AND MOTOR VEHICLES
ARTICLE II. - STOPPING, STANDING AND PARKING
DIVISION 1. - GENERALLY
Sec. 21-17. a 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
com plaint;
(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;
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 monetary parking.
(2) A person convicted of violating these provisions regarding parking spaces designated for
disabled persons shall be punished by a fine of two hundred fifty dollars ($250.00).
(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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04; Ord. No. 75- 04 -17, § 1, 10- 11 -04)
(g)
Atlantic Beach, Florida, Code of Ordinances Page 2
AGENDA ITEM # 8E
AUGUST 12, 2013
PART 11 - CODE OF ORDINANCES
Chapter 21 - TRAFFIC AND MOTOR VEHICLES
ARTICLE H. - STOPPING, STANDING AND PARKING
DIVISION 1. - GENERALLY
State law reference— 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 ten (10) feet of a roadway for free movement of vehicular traffic, except a driver
may stop temporarily 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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
Sec. 21 -21. - Parking for certain purposes prohibited.
of:
No person shall stand or park a vehicle upon any roadway or right -of -way for the principal purpose
(a) Displaying it for sale: or
(b) Greasing, changing the oil or other fluids, or repairing the vehicle, except repairs necessitated
by an emergency.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
Sec. 21 -22. - Commercial, recreational, etc., vehicles; weight requirements.
(a) No person shall stop, stand, or park a commercial vehicle in excess of ten thousand (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.
Atlantic Beach, Florida, Code of Ordinances Page 3
AGENDA ITEM # 8E
AUGUST 12, 2013
PART II - CODE OF ORDINANCES
Chapter 21- TRAFFIC AND MOTOR VEHICLES
ARTICLE II. - STOPPING, STANDING AND PARKING
DIVISION 1. - GENERALLY
(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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
Sec. 21-23. e P
N8-p er-SG-11-S
seventy r ,o (72) hour-
eo
Parking in the right -of -way.
ef-w fe a period --e# +me --i^ xeess -of
Parking in the right of way on a very occasional basis for periods short in duration is permissible.
Parking in the right -of -way is not intended to be a solution for limited driveway and /or garage parking.
No person shall routinely park in the right -of -way where as routinely is defined as 3 or more
occasions in any seven (7) day period.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
Sec. 21 -24. - Abandoned, wrecked, junked or inoperative property, etc. — Declared
unlawful; exception; nuisance declared.
Florida Statutes Chapter 705 is hereby adopted by reference as if fully set forth herein.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
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.
Atlantic Beach, Florida, Code of Ordinances Page 4
AGENDA ITEM # 8E
AUGUST 12, 2013
PART I1- CODE OF ORDINANCES
Chapter 21 - TRAFFIC AND MOTOR VEHICLES
ARTICLE II. - STOPPING, STANDING AND PARKING
DIVISION 1. - GENERALLY
(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.
(Ord. No. 75- 04 -16, § 1, 9- 13 -04)
State law reference— 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.
Ord. No. 75- 04 -16, § 1, 9-- 13 -04)
State law reference --- Charges for towing and storage, § 21-51.
Atlantic Beach, Florida, Code of Ordinances Page 5