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11-2-17 PPSARC handouts ktlantic Beach, FL Code of Ordinances 1 I- � ? Page 1 of 8 %RTICLE II. - STOPPING, STANDING AND PARKING(3' Leh ‘.16✓4t; 0#/4o-1/- DIVISION #/ 4ow4DIVISION 1. - GENERALLY ;ec. 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. 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; about:blank 11/1/2017 Atlantic Beach, FL Code of Ordinances Page 2 of 8 (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 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) 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. about:blank 11/1/2017 Atlantic Beach, FL Code of Ordinances Page 3 of 8 (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. 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. (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. (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) about:blank 11/1/2017 Atlahtic Beach, FL Code of Ordinances Page 4 of 8 Sec. 21-23. - Parking in the right-of-way. Parking in the right-of-way for short periods of time (not to exceed eight (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 a residence, which is defined as three (3) or more occasions in any seven-day period. Parking on the rights-of-way, as described in the two (2) 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. (Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-13-19, § 1, 10-28-13) Editor's note— Section 1 of Ord. No. 75-13-19, adopted Oct. 28, 2013, changed the title of§ 21-23 from "Parking more than seventy-two hours prohibited" to read as herein set out. 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: ibout:blank 11/1/2017 Atlantic Beach, FL Code of Ordinances Page 5 of 8 (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. (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. Secs. 21-27-21-35. - Reserved. DIVISION 2. - ENFORCEMENT about:blank 11/1/2017 Atlantic Beach, FL Code of Ordinances Page 6 of 8 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) 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 about:blank 11/1/2017 Atlantic Beach, FL Code of Ordinances Page 7 of 8 (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 twenty-four (24) months of first offense $150.00 Third offense within twenty-four(24) months of first offense $250.00 Fourth and subsequent offenses at any time $500.00 (Ord. No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, § 1, 10-11-04; Ord. No. 75-13-19, § 2, 10-28-13) 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) Sec. 21-41. - Presumption of motor vehicle ownership. about:blank 11/1/2017 Atlantic Beach, FL Code of Ordinances Page 8 of 8 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. - Reserved. ibout:blank 11/1/2017