Agenda Item 7AAGENDA ITEM # 7A
OCTOBER 14, 2013
AGENDA ITLi.i
DATE:
AGENDA ITEM:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
Parking in the right -of -way
July August 15, 2-044, September 16, 2013
SUBMITTED BY: Michael D. 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-
way (r -o -w), 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 may require multiple attempts especially if someone is
trying to avoid service.
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 right -of -way for a period of time in excess of
seventy-two (72) hours.
AGENDA ITEM # 7A
OCTOBER 14, 2013
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 21 -23 Parking in the right -of -way.
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Parkin in the ri ht -of-wa for short eriods of time not to exceed 8 hours is ermissible. Parkin in
the right- of--way is not intended to be a solution for limited driveway and/or garage parking.
No erson shall .ark in the ri A ht -of -wa on a re ± u at 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 chan es to the ordinance are to be brou ±ht back for first readins. Per commission direction at
taff was instructed to revise the ordinance modification to onl
the Se
tember 9 2013 meetin
include r -o - the en 0 21 -17 w .
ATTACHMENTS: Draft of ordinances revisions.
REVIEWED BY CITY MANAGE
AGENDA ITEM # 7A
OCTOBER 14, 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 TO INCLUDE THE SPECIFIC
LISTED STREETS 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 the below listed streets 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."
Parking on the right -of -ways, as described in the two paragraphs directly
above, shall be prohibited on the following streets and roadways:
(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.
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.
AGENDA ITEM # 7A
OCTOBER 14, 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
(i) 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