Agenda Item 7BAGENDA 1 "113M 8 7B
SEPTEMBER 9, 2013
AGENDA ITEM NO.
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Parking in the right- of-way
DATE: J- uIyAugust 15 -14, 2013
SUBMITTED BY: Michael 1J. Classey, Chief of Police
SRATEGIC PLAN LINK: N/A
BACKGROUND:
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 wi
AGENDA [TEM # 713
SEPTEMBER 9, 2013
cola y
No person shall park a motor vehicle on any street or right-of-way for a period of time in excess of
seventy-two (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.
Previous language amended per recommendation of City Attorney.
Sec 217-23 in the right -of -way.
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Parking in the right -of -wav for short periods of time (not to exceed 8 hours) is permissible, Parking in
the right -of -wav is not untended to be a solution for limited driveway and/or garage parking
No person shall park in the right-of-way on a regular basis which is defined a 3 or more occasions in
any seven (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. Per commission
direction, changes to the ordinance are to be brought back for first reading.
ATTACHMENTS: Draft of ordinances revisions.
REVIEWED BY CITY
AGENDA ITEM # 7B
SEPTEMBER 9, 2013
ORDINANCE NO. 75 -13 -19
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 21 TRAFFIC AND MOTOR VEHICLES ARTICLE II
STOPPING, STANDING AND PARKING TO RENAME PARKING MORE
THAN SEVENTY -TWO HOURS PROHIBITED TO PARKING IN THE RIGHT
OF WAY WITH REVISED REQUIREMENTS AND TO PROVIDE A FINE
STRUCTURE FOR VIOLATING THAT SECTION AND PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Sec 21 -23 of The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended to read as follows:
"Sec. 21 -23. Parking in the right -of -way.
Parking in the right of way for short periods of time (not to exceed 8 hours) 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 park in the right -of -way on a regular basis at his or her place of
residence, which is defined as 3 or more occasions in any seven (7) day period."
SECTION 2. Section 21 -38 of the Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended to add a new subsection (i), to read as follows:
"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 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
AGENDA ITEM # 7B
SEPTEMBER 9, 2013
(g) Other improper parking ..... $50.00
(h) Illegal parking in designated ADA Accessibility parking spaces
$250.00
fi) Parking in the right -of -way: First offense..... $100.00
Second offense within 24 months of first offense ..... $150.00
Third offense within 24 months of first offense ..... $250.00
Fourth and subsequent offenses at any time ..... $500.00
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2013.
PASSED by the City Commission on second reading and final reading this day of
, 2013.
ATTEST:
Donna L. Bartle, CMC
City Clerk
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Mike Borno
Mayor
Ordinance 75 -13 -19 Page 2 of 2