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07-19-18 PPSARC AGENDA PACKETCity of Atlantic Beach Agenda Parking & Pedestrian Safety Advisory Resource Committee Meeting Thursday, July 19, 2018-6:00 p.m. Commission Chamber City Hall, 800 Seminole Road 6:00 PM CALL TO ORDER 6:00 PM ROLL CALL 1. 6:15PM APPROVAL OF MINUTES Page A. B. c. D. Approve Minutes of the January 18, 2018 Parking and Advisory Resource Committee Meeting. Item 1A-Draft Minutes PPSARC Meeting January 18, 2018 Pedestrian Safety 3 -5 Approve Minutes of the February 1, 2018 Parking and Advisory Resource Committee Meeting. Item 1B -Draft Minutes PPSARC Meeting February 1, 2018 Pedestrian Safety 7-8 Approve Minutes of the February 15, 2018 Parking and Advisory Resource Committee Meeting. Item 1C-Draft Mntues PPSARC Meeting February 15, 2018 Pedestrian Safety 9 -12 Approve Minutes of the June 14, 2018 Parking and Pedestrian Safety Advisory Resource Committee Meeting. Item 1D-Draft Minutes PPSARC Meeting June 14, 2018 13 -16 2. 6:15 PM COURTESY OF THE FLOOR A. Special Orders of the Day. i. Introduction of Ms. Heather Muth -Guest Member FSU. B. Public Comment. 3. 6:20 PM REPORTS AND/OR REQUESTS 4. 6:20PM OLD/ UNFINISHED BUSINESS A. Consideration of Recommendation to the City of Atlantic Beach, City Commission consideration for the creation of a sidewalk and crosswalk on the north side of Ahern Street between Ocean Boulevard and East Coast Drive. Waiting on staffevaluation (W. Winfree). Page 1 of 68 Parking & Pedestrian Safety Advisory Resource Committee -19 Jul 2018 B. Request from Deputy City Manager Kevin Hogencamp and Police Chief Michelle 17-68 Cook to review the revised City of Atlantic Beach Parking Ordinance as proposed . i. Tabled by the Committee during the 19th of April 2018 PPSARC meeting pending the implementation of the paid parking within the Town Center district. ii. Included documents: Item 4Bii1 -Chief Cook Memorandum Item 4Bii2-Chapter 21 of the Code of Ordinances Item 4Bii3 -Chapter 21 Red -line Version Item 4Bii4-Code Sections Relative to Parking Item 4Bii5-Section Summary C. Consideration of upgrading pedestrian crosswalks and the use of high-visibility sheening for inclusion in the coming fiscal year budget committee priority list preparation (W. Winfree). Deferred by consensus on 19 April 2018 : i. Prioritization exercise . D. Set Workshop date to address delineation of parking by use of painted striping. E. Shower relocation at the 18the Street beach access -update . F. Committee membership governance discussion . I. Review of other boards and committees Ordinances and Resolutions. 5. 7:20 PM NEW BUSINESS A. Dune walkover data request. B. Consideration of creation of a subcommittee to develop proposals addressing specific locations within Atlantic Beach relative to parking and pedestrian safety. C. Discussion on holding a joint meeting with the City of Atlantic Beach City Commission. 6. 7:45 PM MISCELLANEAOUS BUSINESS A. Set next agenda and announcements . ADJOURNMENT In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk's Office by 5:00PM, the Friday prior to the meeting . Page 2 of 68 Agenda Item #l.A. 19Jul2018 MINUTES PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING JANUARY 18, 2018 6:00 PM Commission Chamber, City Hall 800 Seminole Road ATTENDANCE: MEMBERS PRESENT: STAFF PRESENT: John Stinson, Chair Sergeant Lenny Jevic Michael Tari Donna Bartle, City Clerk/Recording Clerk Nancy Whittington Woodie Winfree Paula O'Bannon Dale Wappes Jennifer Lagner MEMBERS ABSENT: Kim Reich Greg Kuppennan Terry Essick Dennis Winkleman Call to Order Chair Stinson called the meeting to order at 6 :02 p.m. and called the roll. It was determined a quorum was not present. Chair Stinson informed the Committee he will not be attending the next meeting but Michael Tari will be there as Chair. He asked the Committee to consider making a change in holding the meetings on the third Thursday night of each month as he has been asked to represent the City of Atlantic Beach at the Northeast Florida League of Cities which are also held on the third Thursday of each month . The meetings can either be moved to a different Thursday night of the month or may continue on the same day with Michael Tari officiating the meetings . Approval of Minutes There are no minutes to approve. Courtesy of the Floor to Visitors Page 3 of 68 Agenda Item #l.A. 19Jul2018 January 18, 2018 PARKING AND PEDESTRIAN SAFETY ADVlSORY RESOURCE COMMITTEE MEETING Chair Stinson opened the Courtesy of the Floor. No one wished to speak. 3. Unfinished Business: Chair Stinson asked for comments about the process for compiling and comparing Committee research into available parking spaces that are adjacent to beach accesses and contribute to beach restoration funding. Each member offered suggestions and discussion ensued about designating one person to coordinate and summarize the information gathered by all Committee members, the level of specificity needed in their compiled information, the Corps of Engineers numbers , consistency in signage, logistics on gathering the information from Comntittee members , the objectives of the Committee 's research, right-of-way encroachments, update on paid parking plan , getting regular Commjssion Meeting updates , and consistency in gathering information. It was decided that Ms. Whittington will be the designated person to coordjnate and summarize all the information that is collected from the other members regarding parking spaces . They referred to Mr. Wappes ' handout (key) and discussed the meaning of each term . It was decided to include the number of vertical poles and bicycle racks on each street when inventorying parkjng spaces . Sergeant Jevic agreed to submit bullet points via email to Commjttee members regarding right-of-way requirements . It was decided to simplify the key by combining the U and PRW . Chair Stinson recapped the data needed for inventory consisting of: • Public spaces that are marked . • Marked handicapped spaces. • Vertical poles on bicycle racks . • Authorized vehicle restricted spaces. • Combinmg existing or potential right-of-way parking. Discussion ensued regarding blocked rights-of-way, the areas of Atlantic Beach to be inventoried, definition of ' marked' spaces, and using the revenue for more aesthetically-pleasing signage. Chair Stinson explained how the procedure works with regard to a motion on how to distribute revenue into other projects. Chair Stinson relayed that there have been requests for information related to dune restoration and re­ nourishment which he passed on to City staff. They are currently working on getting back to him with some answers. The engineering firm that oversees dune re-nourishment will not commit to a question and answer session due to a potential conflict of interest with regard to an applied government grant for dune restoration from the Federal Government. Page 2 ofJ Page 4 of 68 Agenda Item #l.A. 19Jul2018 Jan uary 18,2018 PARKING AND PEDE TRIAN SAFETY ADVISO RY RESOURCE COMMITTEE MEETlNG Discussion ensued about the potential conflict of interest, previous contracts/assessments with the City of Jacksonville , and the cost of dune re-nourishment. 4. Acti on Item s There were no actio n items to consider. 5. New Bu sin ess • Chair Stinson reported on pedestrian safety is s ues in various areas of the City and suggested the PPSARC take a look (remin der: he will be unable to attend the next scheduled meeting). • Sergeant Jevic spoke about a Sidewalk Priority List that was kept by the City in the past and crosswalks that need signage. • Ms. Winfree asked for confirmation on the month ly schedule for PPSARC meetings and announced she will not be ab le to attend any of the meeti ngs scheduled in February. There was some discussion as to how often the meetings shou ld be held, keeping in mind the critical issues that need to be addressed . It was decided to place this issue on the next agenda for discussion . 6. Calend a r Mr. Tari suggested a 'to do ' list for tracking purposes on the PPSARC 's projects (project management). Mr. Wappes suggested the Committee prioritize safety issues on 18th and 19th Street. Chair Stinson agreed to put 18 111 and 19th issues on the next meeting 's agenda and asked Mr. Wappes to put together some recommendations for that meeting. Sergeant Jevic commented on one-way streets and traffic trave ling the wrong way when the street is blocked. Discussion ensued about possible solutions to this issue. C los ing Com m ents • Pau la O 'Bannon invited everyone to an event. • Chair Stinson explained that the agenda items have been set and once the agenda has been created it will be distributed to all Committee mem bers . 7. Adjourn There being no further discussion, Chair Stinson declared the meeting adjourned at 8:19 PM . ATTEST: John M. Stinson, Chair Donna Bartle, City C lerk Page 3 ofJ Page 5 of 68 Agenda Item #l.B. 19Jul2018 MINUTES PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING FEBRUARY 1, 2018 6:00PM Atlantic Beach City Commission Chamber 800 Seminole Road ATTENDANCE: MEMBERS PRESENT: STAFF PRESENT: Michael Tari , Chair Sergeant Lenny Jevic J(jm Reich Dayna Williams , Recording Secretary Nancy Whittington Greg Kupperrnan Paula O'Bannon Dale Wappes MEMBERS ABSENT: Jennifer Lagner Woodie Winfree Terry Essick Commissioner John Stinson Call to Order Chair Tari called the meeting to order at 6:01 PM and called the roll. It was determined a quorum was not present. Approval of Minutes There are no minutes to approve. Courtesy of the Floor to Visitors Chair Tari opened the Courtesy of the Floor. No one wished to speak. Unfinished Business: Chair Tari asked the Board members to review the column headings on the Data Collection Grid Ms . Whittington handed out so that questions can be answered about the meaning of each heading and any edits and/or suggestions for possible additional headings can be heard . Each column category was read aloud by Chair Tari. Discussion ensued about dates of the provided aerial maps , scooter/motorcycle parking, private versus public parking , lifeguard parking, driveways , simplifYing the Grid, inconsistency of signage, rights-of­ way, taking measurements , and communications through the City Clerk's office. It was decided to create a list of questions directed to Olsen Engineering and/or City Attorney (CA) Durden to bring to the next meeting. Discussion ensued regarding the Corps of Engineers role in a re­ nourishment contract. Suggestions for edits and additions to the Grid were discussed and all questions were answered . Page 1 of2 Page 7 of 68 Agenda Item #l.B. 19Jul2018 February 1, 2018 PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETJNG Chair Tari spoke about Commissioner Stinson ' s difficulty in attending the meetings on the third Thursday of every month . Discussion ensued about alternative dates and the types of meetings to be held. Motion: To contin ue to have two organized functions per month on the first and third Thursdays of the month, and the second function to have a Workshop designed specifically to address focused areas that would not necessarily entail the need for every single Committee member to attend . Moved by Kupperman, seconded by Tari. A lengthy discussion ensued about Committee members ' availability . Motion withdrawn by Kupperman for the record. Consensus was that each Committee member will email Commissioner Stinson with their preferred days and to include which days of the week they are not available . Action Items • Going over the Grid spreadsheet. • Create li sts for questions . • Vote to change the meeting day . • Kupperman to present the handout on 18th , 19th and 20th Streets at the next meeting . • Critical Feedback. • Pay-Per-Parking Update . A lengthy discussion ensued about the type of document members should create for their gathered data, the handout on parking for 18th , 19th and 20th Streets, and the City budget, Sgt. Jevic informed the members of the status of the Sidewalk Project via an email from the Director of Public Works Scott Williams: I) Triton to Cutless has recently been comple ted . 2) Sabalo and Veterans Park are underway . 3) Jordan Park bids are due by February 28 , 2018 . 4) Faith After School Project will start in July of20 18 . Sgt. Jevic answered que stions and a lengthy discussion ensued about pedestrian safety issues in these areas, creating a spreadsheet of sidewalks, line s-of-sight, Pay-Per-Parking updates , and frustrations with gett in g critical feedback from the Commission. Chair Tari recapped all of the Action Items for the next Agenda. Adjourn There being no further discussion , Chair Tari declared the meeting adjourned at 8:19 PM. ATTEST: Michael Tari , Chair Donna L. Bartle, City Clerk DL B/pn Page 2 of2 Page 8 of 68 Agenda Item #l.C. 19Jul2018 MINUTES PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING FEBRUARY 15, 2018 6:00 PM Atlantic Beach City Commission Chamber 800 Seminole Road ATTENDANCE: MEMBERS PRESENT: STAFF PRESENT: John Stin son , Chair Kim Reich Jennifer Lagner Nancy Whittington Greg Kupperman Paula O 'Bannon Dale Wappes Michael Tari Sergeant Lenny Jevic Dayna Williams, Recording Secretary MEMBERS ABSENT: Dennis Winkleman Woodie Winfree Terry Essick Call to Order Commissioner Stinson called the meeting to order at 6:00 PM and called the roll. It was determined a quorum was present. Courtesy of the Floor to Visitors was extended to anyone pre sent. Approval of Minutes Chair Stinson asked ifthere were any changes to the November 16 , 20 17 minutes . There were none and the minutes were accepted as submitted . Consent Agenda None to consider. Reports Chair Stinson handed out the City ofNeptune Beach 's Parking Committee Meeting program from their recent meeting Monday morning . He described how the program would be structured between the two cities and the Beaches Town Center Agency . The main issue is the rates for parking and whether there should be reduced rates for Atlantic Beach residents. He is presenting this issue for the Committee 's consideration of making a recommendation to the Commission . It would be placed on the next PPSARC Agenda for discussion . Page 1 of 4 Page 9 of 68 Agenda Item #l.C. 19Jul2018 February 15, 2018 PARKING AND PEDESTRiAN SAFETY ADViSORY RESOURCE COMMITTEE MEETlNG Discussion ensued about the scope of the parking in the Beaches Town Center area, Pay-Per-Parking recommendation on 18th Street, time-limited parking, private parking, and consistency in rates between the two cities. Chair Stinson announced that he has secured a meeting with Olsen & Associates about parking and beach dune restoration . He conveyed the need to have a definite list of questions and needs to present at that meeting. Chair Stinson announced that the Atlantic Beach Preservation Group as invited him to come and speak about parking on February 22,2018, at 6:30PM. He gave a brief overview of the guest speakers and the presentations that will be given at the meeting, and invited all the Committee members to join him. Special Orders of the Day None to consider. Old I Unfinished Business: 1. Data collection on the spreadsheet -Discussion ensued about making one of the monthly meetings a Workshop Meeting, what information still needs to be recorded on the spreadsheet, the need for Staff to attend the next meeting to answer questions, overgrowth problems with measuring streets, signage confusion, measuring sidewalks, access roads , the meeting with Olsen & Associates, and the City Budget Workshop. 2. Suggestions for changes to lS'h Street-Chair Stinson asked the members for their suggestions regarding changes to 18th Street so that he can draft a recommendation to bring to the next PPSARC Meeting for consideration. Ms. Whittington distributed copies of her prepared motion along with a map to the members. Motion: For the PPSARC to adopt the recommendation to have 50 .25 bicycle spots at 18 th St. This can be accomplished for minimal cost with paint and bicycle racks . ln addition it is recommended that this be submitted prior to March I 7th , which is the beginning of Duval County Spring Break. Moved by Whittington, seconded by Wappes A lengthy discussion ensued about bicycle racks , relocating the I 8th St. shower, the impact on traffic , moving handicapped spots, maneuverable parking spaces, handicapped parking, authorized vehicle parking, number of spaces needed , parallel versus diagonal parking, and designated walking paths/sidewalks. Motion: Requesting to call the question to vote on the motion. Moved by Whittington, seconded by Wappes Chair Stinson called the vote: Ayes-2 Nays-5 Motion to call the question failed, there was no vote on the motion. Ms . Whittington withdrew her motion Mr. Wappes withdrew his second. Page 2 of4 Page 10 of 68 Agenda Item #l.C. 19Jul2018 February IS, 2018 PARKI G AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING Discussion ensued about what to present to Olsen & Associates in order to prepare a recommendation: List of questions to present related to parking: • Whittington: Who makes the contract decisions for the City for parking . • Reich: Clarify the details about giving residents a break on paid parking . • Wappes: Clarify measurable points of access and whether rights-of way count as public parking spaces. • Tari: Why the number of spaces went from 40 to 50, whether electric vehicles count, and why there is no inspection of the dunes after major storms to assess re-nourishment needs. • Kupperman: Nothing to add , agrees with questions previously stated. • Lagner: Nothing to add , agrees with questions previously stated. • O'Bannon: Wants to know whether Olsen & Associates require signage information . Mr. Tari asked Chair Stinson about unexcused absences . Chair Stinson explained that taking roll at the meetings will be in the official minutes and records . 3. Sergeant Jevic's Public Safety Report -Sergeant Jevic passed around Ride-Along Program applications and invited everyone to participate with the Police Department. He also spoke about pedestrian safety and gave some recommendations for budget requests. New Business Chair Stinson informed the members of an inquiry regarding designated parking for low-speed electrical vehicles at the Town Center and if this might be happening in the future. He expressed an interest in hearing any thoughts on this issue . 1) Donner Road safety concerns-Chair Stinson announced that a local developer has expressed his interest in improving the safety of the sidewalk between Sandpiper and Mayport Roads . The developer has offered to donate some of the money to help make it happen if the City is willing . Chair Stinson asked the Committee to think about taking on this issue . There were questions about the types of projects the developer is willing to support and how much he is willing to contribute financially . All questions were answered. 2) Ahern pedestrian safety concerns-Ms. O 'Bannon stated she would like to see a sidewalk from East Coast Drive to Ahem in the budget. Chair Stinson asked Ms. O 'Bannon to draw up her vision of this sidewalk and bring it to the next meeting. 3) Calendar -Chair Stinson told the Committee he will work around whatever schedule for meetings they decide is convenient for them . This is s ue can be brought up at the next meeting . Set Agenda & Announcements Page 3 of 4 Page 11 of 68 Agenda Item #l.C. 19Jul2018 February 15,2018 PARKING A D PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETlNG Tari-Would like to discuss the grid created by Ms. Whittington at the next meeting. Chair Stinson asked the Recording Secretary to confirm the arrangements for television screen access for their next meeting. Wappes-To get a report on Chair Stinson ' s meeting. Whittington -Will not be able to attend the next meeting. O'Bannon -Asked to have the calendar change is sue on the next agenda. Motion: To change the date of the PPSARC meetings to the first and third Mondays of each month. Moved by O'Bannon, seconded by Whittington Discussion There was discussion and all members put forth whether they could accommodate the date change and other options were discussed . Consensus was to place the issue on the next meeting 's agenda. Ms. O 'Bannon withdrew her motion , Ms. Whittington withdrew her second . Closing Comments • Sergeant Jevic -He would like to have further discussion on pedestrian safety. He will bring some ideas for the solar radar signs for crosswalks for a possible budget item. • O'Bannon -Would like to work on a list of ideas to present to the Commission for the budget. • Whittington -Apologized for her recent absences . • Wappes -No comments . • Tari-Apologized to the members and to O 'Bannon for his tone on the occupancy issue. He did not mean to "ruffle any feathers ." • Kupperman-Would like to stay on with PPSARC, but he will respect any decision made. • Chair Stinson -Reiterated his support and commitment to the Committee. Adjourn There being no further discussion, Chair Stinson declared the meeting adjourned at 8:15 PM. ATTEST: John Stinson, Chair Donna L. Bartl e, City Clerk DLB/pn Page 4 of4 Page 12 of 68 Agenda Item #1.0. 19Jul2018 MINUTES PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING JUNE 14, 2018 6:00 PM Commission Chamber, City Hall 800 Seminole Road ATTENDANCE: MEMBERS PRESENT: STAFF PRESENT: Commissioner Stinson , Chair Phyllis Nadeau, Recording Secretary Greg Kupperman Jennifer Lagner (arrived 6 :08PM) Paula O 'Bannon Kim Reich Michael Tari Woodie Winfree MEMBERS ABSENT: Dale Wappes (excused) Dennis Winkelman Call to Order Mr. Stinson called the meeting to order at 6:02 PM and called the roll. It was determined a quorum was present. Courtesy of the Floor to Visitors was extended to anyone present. Robert Strom addressed the Committee about traffic and pedestrian safety problems on 18th St. during regular week days and weekends, and also holidays . Mr. Strom presented a solution to take the perpendicular parking and convert it to parallel parking, adding 8 to 10 feet more for vehicular traffic , and create an off-street area for pedestrian traffic . Ms . O 'Bannon inquired if Mr. Strom has presented this idea to his neighbors and if they are in agreement with this solution . Mr. Strom responded 'Yes' to both inquiries . Mr. Tari spoke about the City Manager's decision not to move the 18th St. shower, as recommended by the PPSARC, and now having the police presence stationed there. There was a lengthy discussion expressing dissatisfaction about these two issues . Ms . Winfree inquired , if the parking spaces were converted to parallel , how many spaces would be lost. The response was approximately 23 spaces lost. Kim Reich spoke about the temporary fix done for the I 8111 St. shower. There was more discussion about the unsatisfactory situation at 18 1h St. relating to the shower and the police presence. A lengthy discussion ensued about the PPSARC making recommendations to the Commission. There needs to be a set timeline and a process for checks and balances . Chair Stinson assured the Committee PPSARC minutes June 14,2018 Pagel of 4 Page 13 of 68 Agenda Item #1.0. 19Jul2018 JUNE 14, 2018 PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING he will meet with CM Gerrity for an update on the 18 1h Street shower and the police presence and will request that information be emailed to this Committee. Pam McCrary spoke about ongoing illegal parking and pedestrian safety problems on 1 st St. and the narrowness of the street. She inquired about the process of placing an item on an agenda for this Committee. Mr. Stinson explained the process for Ms . McCrary to have an item placed on the agenda. Approval of Minutes Chair Stinson asked ifthere were any changes to the minutes as follows : January 18 , 2018 April 19 , 2018 May3 , 2018 For January 18 , 2018, Jennifer Lagner stated she was present at the meeting, however, her name is not listed. Those minutes will be amended/corrected . Motion: To accept the April19, 2018 and May 3, 2018 minutes as presented. Moved by Tari , seconded by Lagner MOTION CARRIED unanimously. Consent Agenda -none to consider. Reports-none to consider. Special Orders of the Day -none to consider. Old I Unfinished Business a. Consideration of Recommendation to the City of Atlantic Beach (COAB) for the creation of a sidewalk and crosswalk on the north side of Ahern Street between Ocean Boulevard and East Coast Drive. (W. Winfree) Mr. Stinson stated there was nothing new to report and it is scheduled for the next budget year. b. Request from Police Chief Michelle Cook to review the City of Atlantic Beach Parking Ordinance for revision and clarification -tabled during the April 19, 2018 PPSARC meeting, pending the implementation of the paid parking solution within the Town Center Mr. Stinson stated that Chief Cook and Scott Williams, Public Works Director, have requested to address this Committee at the second meeting in July. They want to discuss the Ordinance and the striping. c. Consideration of upgrading pedestrian crosswalks and the use of high-visibility sheening for inclusion in the coming fiscal year budget -Committee priority list preparation (W. Winfree). Deferred on April19, 2018: PPSARC minutes June 14, 2018 Page 2 of4 Page 14 of 68 Agenda Item #1.0. 19Jul2018 JUNE 14, 2018 PARKING AND PEDESTRIAN SAFETY ADVISORY RESOURCE COMMITTEE MEETING i. Prioritization exercise. Commissioner Stinson asked Committee Members to submit their priority list to him by next week. d. Request from CM Gerrity for the Committee to consider recommending delineation of parking by use of painted striping: i. Discussion on preparation of Recommendation for presentation to City Commission, determine pertinent facts to include in recommendation. ii. Presentation of suggested options by Chief Cook for the use of painted striping. There was a lengthy discussion about the Striping Pilot Program , parking management for residents and non-residents , and the attached proposal from Chief Cook. The question at the end of the discussion was how do we make it all happen? A suggestion was made to have a workshop for citizen input instead of discussion at a regular meeting. Consensus was to recommend delineation of parking by use of painted striping, schedule a workshop for clarification of the proposed project areas, present a map and aerial views of the streets . e. Handicap Parking at the 191h Street beach access-update. Mr. Stinson stated there is one from 18th St. being moved to 19th St. f. Charge from the City Commission to consider City right-of-way encroachment, reclamation and restoration prior to adopting the Abandoned, Dismantled, Inoperable, Unlicensed or Expired Registration Vehicle Towing Ordinance. Mr. Stinson stated that he told the Commission this is an issue for the Commission, not the PPSARC . g. Langton Consulting, presentation to Committee. Lisa King , Senior VP, Langton Consulting, addressed the Committee. Ms . King explained they do grant writing for the City. She spoke about the City's parking management plans and stated there are very few grant programs available, and they are site specific. There is a Highway Safety Grant through the FDOT that may be available. She continued and stated there is a Transportation Alternatives Program through the TPO for items that are not of urgent priority. There are many grants available for the acquisition and building of trails . In low income neighborhoods CDBG grants are available for sidewalk projects and there is an entitlement of approximately $100,000 annually with the City of Jacksonville to allocate for eligible projects . Ms. King spoke about grants for dune walkovers and stated those are Federal funded and they must be ADA compliant. Discussion ensued about the Transportation Alternative Program , mitigation, highways , historic preservation, safety grants relating to state roads vs. local roads , and retainer-based work. PPSARC minutes June 14,2018 Page 3 of4 Page 15 of 68 Agenda Item #1.0. 19Jul2018 JUNE 14, 2018 PARKING AND PEDESTRIAN SAFETY ADVlSORY RESOURCE COMMITTEE MEETING New Business a. Update on St. John's County (Ponte Vedra I Ponte Vedra Beach) beach and dune restoration funding and how qualifying is achieved. Mr. Stinson reported this is still being worked on and more information will be provided when available . b. ADA walkover questions: i. Do dune walkovers have to be ADA compliant to obtain a grant? ii. Has a decision been reached to build an ADA compliant dune walkover and where? iii. How many ADA compliant dune walkovers current exist? Mr. Stinson questioned how this pertains to this Committee. The response was this is not about the ADA walkover but the location and the existing safety issues at 1 0 1h St. and that it is a high pedestrian beach access point. A lengthy discussion ensued and concern was expressed that the City is ignoring the safety issues and moving forward with the ADA walkover. Mr. Stinson explained this Committee can make a recommendation to resolve the existing parking and pedestrian safety issues on 1 01h St. c. Donner Road streetscape update. Mr. Stinson stated the Commission has put this in the proposed budget. d. Committee membership governance discussion. i. Review of other Boards and Committees Ordinances and Resolutions Mr. Stinson suggested putting this on the next agenda. Following items to discuss: • Excused and unexcused absences • Proposed plan to standardize all committees-submit ideas for adoption Set Next Agenda and Announcements a. There will be no PPSARC meeting June 21 , 20 18 . b. Recruiting new members. c. Information about holistic approach . Adjourn There was no further business for discussion and Chair Stinson adjourned the meeting at 8:40PM . ATTEST: John Stinson, Chair Phyllis Nadeau, Associate City Clerk PPSARC minutes June 14, 2018 Page 4 of4 Page 16 of 68 Agenda Item #4.8. 19Jul2018 CITY OF ATLANTIC BEACH POLICE DEPARTMENT TO: FROM: DATE: SUBJECT: Joe Gerrity, City Manager Michelle E. Cook , Chief of Police 06/12/2018 Staff Recommendations Reference Ordinances On 06-12-18 members of the COAB Staff met to discuss several COAB Ordinances as they relate to parking. Ordinances Under Review: 21-1 Adoption of Florida Uniform Traffic Control Law and the Manual on Uniform Traffic Control Devices 21-17 Prohibited in specific areas 21-23 Parking in the right of way 6-18 Construction site management In Attendance: Kevin Hogencamp, Deputy City Manager Michelle Cook, Chief of Police Vic Gualillo , Police Commander Scott Williams, Public Works Director Dan Arlington , Building Director Shane Corbin , Planning Director Derek Reeves , Deputy Planning Director Concerns: -The use of the terms "streets" and "roadways " interchangeably even though they have different meanings -The use of the term "roadway", which has different meanings depending on which source is used Conflicting ordinances based upon the use of the terms "streets" and "roadways" Difficulty in enforcement due to vague and subjective ordinance language Clarification needed in issuance of right of way use during home construction Summary: The group met to d iscuss the conflicting language in specifically 21-17 and 21-23 . The term "roadway" and "street" are used interchangeably even though they have different meanings. Additionally, the term Page 17 of 68 Agenda Item #4.8. 19Jul2018 "roadway" has different definitions in the MUTCD and the FSS . COAB ordinance does not currently clearly indicate which document specifically is cited when defining "roadway ". We also discussed the extreme difficulty of enforcing ordinance 21-23, which allows for up to 8 hours of parking for only to 3 out of 7 days on certain right of ways . The scope of this review was very limited , as we only discussed the 10 streets listed in 21-17, however we all agreed that the decision to allow for parking on a street or right of way should not be made arbitrarily and that a list of agreed upon considerations should be developed and could potentially be applied to all streets and right of ways in the City . For this discussion , we considered the following: a . traffic volume b. size of right of way c . placement of driveways d . intersection distances e . impact on utilities f . sightlines Finally, we discussed the exception to right of way parking given to contractors during the building process. Recommendations: 1. Cite definitions used in the parking ordinances as either MUTCD or FSS for clarification 2 . Delete Ordinance 21-23 3. Update Ordinance 21-17 to include parking in the right of way on the listed streets as allowable from 6pm-6am 4 . Continue to require the parking on the right of way exception to contractors and ensure the form is on file and easily accessible to law enforcement 5. Develop a list of considerations when determining whether a vehicle should be allowed to park on a street or right of way -see above -and forward the list to the parking committee for use 6. The COAB should reclaim all right of ways within the City Attached you will find the new draft ordinance . Please let me know if you have any questions. Page 18 of 68 Agenda Item #4.8. 19Jul2018 Chapter 21 -TRAFFIC AND MOTOR VEHICLESlli ARTICLE I.-IN GENERALill Sec. 21-1.-Adoption of Florida Uniform Traffic Control Law, and tbe Manual on Uniform Traffic Control Devices. The following are adopted in full by reference as part of this Chapter and shall be in full force and effect within the City as if fully set forth herein: (a) The Florida Uniform Traffic Control Law, being Chapter 316 of the Florida Statutes as may be amended; (b) The Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, as published and amended by the Federal Highway Administration. Sec. 21-2.-Definitions. To the extent the Definitions provided in this Section conflict with or differ from those found in the Florida Uniform Traffic Control Law or the Manual on Uniform Traffic Control Devices, the defmitions found in this Section shall be used in implementing and interpreting this Chapter. (a) City or the City shall mean the City of Atlantic Beach, except when used in conjunction with another city such as the City of Jacksonville. (b) Enclosed building shall mean a structure having no outside openings other than ordinary doors, windows and other such common features. (c) For-hire Driver includes every individual operating a vehicle for hire either as owner, agent, employee, or otherwise pursuant to a local business tax receipt issued as herein provided. (d) Inoperable motor vehicle shall mean a motor vehicle that is incapable of legal operation under its own power upon a roadway due to its physical condition. (e) Motor vehicle shall mean any self-propelled vehicle designed primarily for transportation of persons or goods along a public roadway. (f) Paved sidewalk shall mean the concrete, asphalt, paver and other surface materials intended for use by pedestrians and non-motorized modes of transport. (g) Public property shall mean lands and improvements owned by the Federal Government, the state, the county, a municipality, or any subdivi s ion thereof. (h) Right-of-way shall mean land which the City owns the fee or has an easement devoted to or required for use as a transportation facility. (i) Secondhand dealer has the same meaning as used in F.S. §538.03(l)(a), as it may be amended. (j) Taximeter shall mean a mechanical or electronic device which calculates and displays a predetermined rate and indicates the charge for hire of a taxicab and which also records Page 1 Page 19 of 68 Agenda Item #4.8. 19Jul2018 and indicates a fare, rate or charge based on waiting time, extra passengers , initial charge and other fares, rates or charges. (k) Title loan agreement shall mean a written agreement whereby a secondhand dealer agrees to make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned by the borrower and encumbered only by a title loan agreement. (I) Trailer shall mean a non-powered vehicle designed to be hauled over roadways by a motor vehicle, and shall be interpreted to include boat trailers , fifth wheels, travel trailers, equipment trailers , and any other vehicle normally known as a trailer. (m) Transport shall mean to operate or cruise over the roadways of the City and its adjacent territory for the purpose of moving passengers or goods from one point to another. (n) Unregistered Motor Vehicle shall mean a motor vehicle which does not have a valid and current motor vehicle license tag affixed thereto. (o) Vehicle for hire shall mean any motor vehicle operated over and upon roadways within the City for the transportation ofperson(s) in exchange for compensation . Sec. 21-3. -Permit required for parades and processions. No procession or parade shall occupy, march or proceed along any 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. Sees. 21-4-21-15.-Reserved. ARTICLE II.-STOPPING, STANDING AND PARKING ON PUBLIC PROPERTYill DIVISION 1.-GENERALLY Sec. 21-16.-Manner of stopping, standing or parking. (a) Any motor vehicle , trailer, equipment, or object of any kind stopped, standing or parked on a roadway shall be parallel with the edge of the roadway in the direction of traffic, except where an official traffic control device requires otherwise. (b) Any motor vehicle, trailer, equipment, or object of any kind stopped, standing or parked on a roadway with a raised concrete curb shall have its wheels within twelve (12) inches of the edge of the roadway except where an official traffic control device requires otherwise. (c) Motor vehicles , trailers, equipment, or objects of any kind shall not be stopped, standing or parked on a street in a manner that obstructs the required sight distance requirements found in Section 19-5 of the City's Code of Ordinances . Sec. 21-17. -Prohibited in specific areas. Page 2 Page 20 of 68 Agenda Item #4.8. 19Jul2018 Except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device, no person shall stop, stand or park a motor vehicle or trailer: (a) On a paved sidewalk or in a manner that any part of the motor vehicle or trailer is protruding over a paved sidewalk; (b) On a street within seven (7) feet of a public 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; (t) Within twenty (20) feet of a crosswalk at an intersection; (g) On the following roadways: (1) East Coast Drive. (2) Ocean Boulevard. (3) Sherry Drive (South). (4) Seminole Road. (5) Plaza (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive (except for the 600 through 900 Blocks). (8) Levy Road . (9) Dutton Island Road. (10)Donner Road; (h) Except between the hours of six (6) PM and six (6) AM or as approved under Section 6­ 18 of this Code of Ordinances, within the rig ht-of-way of the following streets: (1) East Coast Drive. (2) Ocean Boulevard. (3) Sherry Drive (South). (4) Seminole Road. (5) Plaza (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive (except for the 600 through 900 Blocks). (8) Levy Road. (9) Dutton Island Road. (I O)Donner Road. Page 3 Page 21 of 68 Agenda Item #4.8. 19Jul2018 Sec. 21-18.-Obstructing traffic. No person shall sto p, stand or park a motor vehicle or trailer on a street in a manner that leaves le ss than ten (1 0) feet of roadway width available for the free movement ofvehicular traffic , except a driver may stop temporarily during the actual loading or unloading of passengers or packages, or in compliance with direction given by a police officer or official traffic control device. 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 motor vehicle or trailer in such a designated place. Sec. 21-20.-Parking limitations. (a) When a sign is erected in each block giving notice thereof, no person shall park a motor vehicle or trailer for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the City Manager. (b) No motor vehicle or trailer, other than official motor vehicles or trailers as authorized by the City Manager, 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. (c) No person shall stop, stand, or park a recreational vehicle, camper, bus , flatbed truck, trailer or commercial vehicle upon any street, except for the purpose of loading or unloading, for more than four ( 4) hours , except when authorized by the City Manager or their designee. Sec. 21-21.-Parking for certain purposes prohibited. No person shall stand or park a motor vehicle or trailer upon any street for the principal purpose of: (a) Displaying it for sale; or (b) Greasing, changing the oil or other fluids, or repairing the motor vehicle, except repairs necessitated by an emergency. Sees. 21-22--21-35.-Reserved. DIVISION 2.-ENFORCEMENT Sec. 21-36. -Issuance of citations. The Director of Public Safety shall have exclusive control of and shall hav e printed uniform traffic citations which shall be pre-numbered and which shall be issued to all police officers . It shall be the duty of all police officers to check on parking locations for indications of illegal parking and to give the notice of the vio lation of parking ordinances regulating the parking of motor vehicles in any street block of the City. Notice of vio lation of a parking ordinance by police officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the motor vehicle or by attaching the citation to the motor vehicle if it is unattended . A duplicate copy ofeach such ticket shall be made and filed by the police officer, with his signature affixed thereto, at the close of each day's work, with the records division ofthe Police Department. Page 4 Page 22 of 68 Agenda Item #4.8. 19Jul2018 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 motor veillcle causing the violation as well as the person cited if delivered in person ; (e) Command the owner or operator of the motor veillcle causing the violation to pay to the Finance Department the applicable fine as established by section 21-38 ; and (t) Shall be signed by the police officer issuing them . Sec. 21-38.-Schedule of fines. There is hereby established the following schedule offines to be assessed in cases of parking violations occurring within the City: (a) Parking in proillbited areas as defined by Section 21-17 ..... $50.00 (b) Obstructing traffic ..... $50 .00 (c) Parking over time limit..... $50.00 (d) Other improper parking..... $50.00 (e) rllegal parking in designated ADA Accessibility parking spaces..... $250 .00 Sec. 21-39.-Payment of parking fines. (a) The 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 ills office or by mail. The voluntary payment 1of 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 tillrty (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. lf a motor vehicle has three (3) or more unpaid parking tickets, and the time limitations for the payment ofthe tickets has expired, then the motor 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 fmes and costs collected in accordance with the terms of tills 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. PageS Page 23 of 68 Agenda Item #4.8. 19Jul2018 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. Sec. 21-42.-Removing and impounding. Members of the Police Department are hereby authorized to remove and shall cause to be removed any motor vehicle or trailer from any street within the City to a public garage or other place of safety under circumstances enumerated in this article: (a) When a motor vehicle or trailer is left unattended : (1) On a sidewalk; (2) On a street 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 motor vehicle or trailer is left unattended at any place where official signs or markings on the curb prohibit parking, stopping, or standing. (c) When any motor vehicle or trailer is left unattended upon any roadway or right-of-way for a period of time longer than seventy-two (72) hours . (d) When a motor vehicle or trailer upon a street is so disabled as to constitute an obstruction to traffic, or the person in charge of the motor vehicle or trailer 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 motor vehicle or trailer is left unattended upon a street and is so parked illegally, or the motor vehicle constitutes an obstruction to normal movement of traffic. Sees. 21-43--21-49.-Reserved. ARTICLE III. -WRECKER SERVICElli 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 firms , companies, or corporations licensed to conduct that business may apply for a listing by the Police Department on the rotating wrecker call list. Sec. 21-51.-Charges for towing and storage. Page 6 Page 24 of 68 Agenda Item #4.B. 19Jul2018 The charges for towing and otherwise removing an y damaged motor vehicle or trailer from any point within the City shall be as set forth in Section 804.1204 of the City of Jacksonville Code of Ordinances with rates as defined by Section 804 .1205 of the City of Jacksonville Code of Ordinances as amended 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 fue 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 one hundred thousand dollars ($1 00,000.00) for damages arising from bodily injury or death to any one person, not less than three hundred thousand dollars ($300 ,000 .00) for damages arising from bodily injury of more than one person in any one accident, and property insurance in an amount not less than fifty thousand dollars ($50,000 .00). Sec. 21-54.-Repairing motor vehicles without authorization prohibited. It shall be unlawful for any person to dismantle or to make repairs , alterations or additions to any such removed motor vehicle without the written consent signed by its owner or his duly authorized agent. Sec. 21-55. Towage and storage charges. Any and all towage and storage charges reasonably due to : (1) the owner of the wrecker service that towed a motor vehicle or trailer removed under the provisions ofthis article , or (2) the owner ofthe garage or other place where a motor vehicle or trailer has been removed to and stored under provisions of this article , shall constitute a lien against the motor vehicle or trailer. The owner of the garage or other place the motor vehicle is stored is hereby authorized to hold the motor vehicle or trailer until the towage and storage charges are paid by, or on behalf of, the owner of the motor vehicle or trailer. In no event shall the City, or any officer, employee, or department thereof, be liable for such charges by reason oftheir enforcement of this section . Sees. 21-56---21-60.-Reserved. ARTICLE IV. -MOTOR VEHICLE TITLE LOANS Sec. 21-61.-Motor vehicle title loan transactions. A secondhand dealer registered under F.S. Ch. 538 , Pt. I, may engage in motor vehicle title loan transactions, as that term is used in F .S. Ch. 538, Pt. I, if the following conditions are met: (a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title ; (b) The borrower maintains possession of, or control over, the motor vehicle throughout the term ofthe loan ; Page 7 Page 25 of 68 Agenda Item #4.8. 19Jul2018 (c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle ; (d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement showing the loan amount, origination date , maturity date, finance charges, a description of the security, the name and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments required, and the total amount required to be paid over the life of the loan. In the event the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the information required herein for each renewal; and (e) The title loan agreement contains the following statements printed in not less than fourteen-point type: (1) "Your vehicle has been pI edged as security for this loan and if you do not repay thi s loan in fuJI , including the finance charge, YOU WILL LOSE YOUR VEHICLE." (2) "You are encouraged to repay this loan at the end of the 30 day period . The lender is not required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible." (3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH ORAN ANNUAL PERCENTAGE RATE OF 30%." (4) "The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen , it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the title loan agreement is in effect, and that doing so will be a violation ofthe law." (f) Immediately above the signature of the borrower, the statement that "I , the borrower, declare that the information I have provided is true and correct and I have read and understand the foregoing document." (g) A blank line for the signature of the borrower. (h) The secondhand dealer must display, in a prominent place in the title loan premises , for customer viewing, a sign no smaJler than three (3) feet by five (5) feet with the following messages written in letters no less than four (4) inches high : "lF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN . IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR VEHICLE . THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." Sec. 21-62.-Maximum interest rate. Page 8 Page 26 of 68 Agenda Item #4.8. 19Jul2018 A secondhand dealer who engages in title loan transactions may not exceed the following interest rates: (a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2.5) percent per thirty-day period the title loan agreement remains outstanding and unsatisfied . In determining compliance with the maximum interest and finance charges, the computation must be simple interest and not add-on interest or any other interest computation. (b) If the title loan agreement has not been satisfied within three hundred sixty (360) days , a secondhand dealer may charge an interest rate not to exceed eighteen (1 8) percent per annum for the time the title loan agreement remains outstanding and unsatisfied beyond three hundred sixty (360) days. (c) The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not exceed, the annual percentage rate that must be computed and disclosed as required by the federal Truth in Lending Act and Regulation Z ofthe Board of Governors of the Federal Reserve System. When the period for which the charge is computed is more or less than one (I) month, the maximum rate for the period must be computed on a basis of one-thirtieth ( 1130 ) the applicable monthly interest rate, multiplied by the number of days of the period. (d) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate oftitle upon the payment of a sum of money, whether the transaction be characterized as a "buy-sell agreement", "sale-leaseback agreement", or otherwise, shall be deemed a violation of this article if such sum exceeds the amount that a secondhand dealer may collect in a title loan agreement under this article or if the terms of the transaction otherwise conflict with the permitted terms and conditions of a title loan agreement under this article. (e) Any fees or taxes paid to a state agency and directly related to an individual title loan transaction may be collected from the borrower and shall be in addition to the permitted finance and interest charge. (f) No charges, including interest, in excess of the combined total of all charges permitted by this section shall be allowed . Sec. 21-63.-Transaction satisfaction and default. (a) When the title loan has been paid in full , the secondhand dealer must deliver to the borrower a certificate of title clear of all encumbrances placed upon the title by the secondhand dealer within thirty (30) days of such payment in full. (b) A secondhand dealer who engages in title loan transactions may take possession of the motor vehicle upon the borrower's default under the title loan agreement. Unless the borrower voluntarily surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle through an agent licensed by the State of Florida to repossess motor vehicles. (c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply with the applicable requirements ofF.S. Ch . 679, Pt. V. Page 9 Page 27 of 68 Agenda Item #4.8. 19Jul2018 (d) Disposition of the collateral or motor vehicle may be by public or private proceedings and may be made by way of one (1) or more contracts. Sale or other disposition may be as a unit or in parts and at any time and place and on any terms, but every aspect of the disposition , including the method , manner, time, place and terms including surplus of the debt, must be commercially reasonable. Sec. 21-64.-Title loan lending license. (a) No secondhand dealer may engage in business as a title loan lender six (6) months after the effective date of this article unless the secondhand dealer has a valid title loan lending license issued by the City. A separate title loan lending license will be required for each physical location of the title loan business. The City shall issue more than one (1) title loan lending license to an applicant if that applicant complies with the requirements of this part for each such license. (b) An application for a title loan lending license pursuant to this part must be submitted to the City on such form as the City may prescribe. If the City determines that an application should be granted, it shall issue such license for a period not to exceed two (2) years. A non ­ refundable application and license fee of one thousand two hundred ftfty dollars ($1 ,250 .00) shall accompany an initial application for each title loan location. (c) The City shall charge a biennial renewal fee of one thousand dollars ($1 ,000.00). A title loan lending license that is not renewed at the end of each two-year period shall automatically become inactive. An inactive license may be reactivated within ninety (90) days after the date it became inactive upon the submission of a completed reactivation form and payment of a reactivation fee not exceeding two hundred dollars ($200.00) and a biennial license fee of one thousand dollars ($1 ,000.00). No inactive license may be reactivated after ninety (90) days. (d) Each title loan lending license must specify the location for which it is issued and must be conspicuously displayed at that location . When a licensee wishes to move a title loan office to another location, the licensee shall give thirty (30) days prior written notice to the City by certified or registered mail , return receipt requested , and the City shall then amend the title loan lending license accordingly. A license issued pursuant to this part is not transferable or assignable. (e) Books, accounts and records; maintenance and examinations by the City: (I) Each licensee shall maintain, at the principal place of business designated on the license , all books, accounts , records and documents necessary to determine the licensee's compliance with this part. (2) The City may authorize maintenance of records at a location other than a principal place of business . The City may require books and records to be produced and available at a reasonable and convenient location within the City . (3) All books, accounts , records , documents and receipts for expenses paid by the licensee on behalf of the borrower, including each contract signed by the borrower and expenses incurred by the licensee in the event of foreclosure and property recovery, will be preserved and kept available for examination by the City for two (2) years after the date of original entry. Page 10 Page 28 of 68 Agenda Item #4.8. 19Jul2018 (4) The City may prescribe by rule the minimum information to be shown in the books, accounts , records and documents of licensee so that such records will enable the City to determine the licensee's compliance with this part. (f) Each licensee shall designate and maintain an agent in tills state for service of process. (g) A licensee must apply to the City for a new title loan lending license upon a change in ownership of twenty-five (25) percent or more by a natural person in any title loan location or office. No application for a title loan lending license or an application for transfer of an existing title loan lending license is required for any change, directly, or beneficially, in the ownership of a title loan location if one (1) or more of the holders of at least seventy-five (75) percent of the outstanding equity interest in the title loan location or office before the change in ownership continue to hold at least seventy-five (75) percent of the outstanding equity interest in the title loan location or office after the change in ownership. (h) To be eligible for title Joan lending license, an applicant shall: (1) File with the City a bond in the amount ofthlrty-five thousand dollars ($35 ,000.00) for each license with a surety company qualified to do business in this state. In lieu of the bond , the applicant may establish a certificate of deposit or an irrevocable letter of credit in a Florida financial institution in the amount of the bond. The original bond , certificate of deposit, or letter of credit shall be filed with the City and the City shall be the beneficiary of such instrument. The bond, certificate of deposit, or letter of credit shall be in favor of the City for the use and benefit of any consumer who is injured in the context of a title loan transaction by the fraud , misrepresentation, breach of contract, financial failure , unfair or deceptive trade practice, disclosure violation or violations of any provision of this part by the licensee. Such liability shall be enforced by the filing of a suit in a court of competent jurisdiction. (2) Not have been convicted of a felony within the last ten (10) years or be acting on behalf of a beneficial owner who has been convicted of a felony witilln the last ten (1 0) years. (3) Not have been convicted, and not acting on behalf of a beneficial owner who bas been convicted, of a crime that the City finds directly related to the duties and responsibilities of a title loan lender within the past ten (I 0) years. (i) The City shall determine the form of the title loan lending license . G) No part of tills article may be construed to impair or affect the obligation of any title loan agreement which was lawfully entered into prior to the effective date of the ordinance from willch this article derives (December 14 , 1998). (k) Licensees shall report changes in address , location or records, and any change of an executive officer within thirty (30) days of the change. (I) In addition to the above , an applicant must also obtain any required occupational license. Sec. 21-65.-Violations and penalties. (a) The following acts are violations of this part and shall constitute grounds for disciplinary action: Page 11 Page 29 of 68 Agenda Item #4.8. 19Jul2018 (1) Failure to comply with any provision of this part, rule adopted under this party by the City, or any written agreement entered into with the City. (2) Fraud , misrepresentation, deceit or gross negligence in any title loan transaction. (3) Fraudulent misrepresentation, circumvention , or concealment of any matter required to be stated or furnished to a consumer pursuant to this part. (4) Willful imposition of illegal charges on any title loan transaction . (5) False, deceptive or misleading advertising by a licensee. (6) Failure to maintain, preserve and keep available for examination all books , accounts and other documents required by this part, state or federal law, or by any agreement entered into with the City. (7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the requirements of this part or state or federal law. (8) Refusal to permit inspection of books or records in an investigation or examination by the City or refusal to comply with a subpoena issued by the City. (9) Criminal conduct in the course of a licensee's business as a title lender. (I 0) Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years. (11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver of any ofthe provisions ofthis part . (12) Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own or the registered name of his business . (13) Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one-third ( 1/3 ) of the value of the motor vehicle. The City shall determine the method of assessing the value ofthe pledged property. (14)Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle repossessed pursuant to this part. (15)Failure to return the certificate of title or motor vehicle taken into possession to a borrower with any and all of the title lender's liens on the property properly released within thirty (30) days of the payment of the full amount due , unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order. (16) Charging or receiving any finance charge , interest, cost or fee which is not permitted by this part . (17) Engaging in business as a title lender without first securing the required license. (18) Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid. Page 12 Page 30 of 68 Agenda Item #4.8. 19Jul2018 (19) Charging a prepayment penalty . (20)Capitalizing any unpaid finance charge as part ofthe amount fmanced in the renewal of a title loan agreement. {2l)Acting as a title loan lender in the City six (6) months after the effective date of the ordinance from which this article derives (December 14 , 1998) without a current, active license issued by the City pursuant to this part. (22) In any practice or transaction or course of business relating to the making of a title loan, negotiation , promotion, advertisement or hypothecation ofa title loan transaction, directly or indirectly: (i) To knowingly or willingly employ any devise, scheme or article to defraud; (ii) To engage in any transaction, practice or course of business which operates as a fraud upon any person in connection with the purchase or sale of any title loan ; (iii) To obtain property by fraud , willful misrepresentation ofa future act or false promise. (23 ) In any manner within the jurisdiction of the City to knowingly and willfully falsify , conceal or cover up by a trick, scheme or devise a material fact, make any false or fraudulent statement or representation , or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry . (24) Commission of fraud , misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any title loan transaction in the City; or aiding, assisting or conspiring with any other person engaged in any such misconduct and in furtherance thereof. (b) Upon a finding by the City that the licensee or applicant has committed any of the acts set forth in subsection (a) hereof, the City may enter an order and take one or more of the following actions : (I) Deny the application for license pursuant to this article . (2) Revoke or suspend a license previously granted pursuant to this part. (3) Place a licensee or applicant for a license on probation for a period of time and subject to such conditions as the City may specify. (4) Issue a letter of concern or reprimand . (5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this article . (6) Impose an administrative fine not to exceed two thousand five hundred dollars ($2 ,500 .00) for each violation of this part. (7 ) The City shall be entitled to a reasonable attorney's fee , including appellate fees and costs, in an action successfully enforcing any fine imposed under this part. (c) When the City has reasonable cause to believe that a licensee is operating in violation of this part, it may bring a civil action in any court of competent jurisdiction to enforce or administer this part, including a temporary or permanent injunction, or appointment of a receiver. Page 13 Page 31 of 68 Agen d a Item #4.8. 19Jul2018 (d) The City may adopt rules which set forth with specificity acts or practices which violate this part and which prescribe procedural rules for the administration of this part. Sec. 21-66.-Transition period for regulations, restrictions and licensure provisions. Each secondhand dealer operating as a title loan lender on the effective date of the ordinance from which this article derives (December 14 , 1998) shall have six (6) months from the effective date of the ordinance to comply with the regulations , restrictions and licensure provisions ofthis part before the City may initiate any administrative or civil action , or refer a matter for criminal prosecution . Sees. 21-67-21-75.-Reserved. ARTICLE V.-VEHICLES FOR HIRE Sec. 21-76.-Classification of vehicles for hire. For the purpose of construing and applying the terms ofthis chapter all motor vehicles for hire operating within the City shall be classified and defined as follows : (a) Bus. Any bus, omnibus or other motor vehicle designed and constructed to comfortably transport seven (7) or more persons, which is not used for regularly conducted amusement rides or sight-seeing tours , and is not operated by another governmental agency. (b) Cruising car. Any vehicle for hire based upon a pre-established schedule of flat charges rather than by taximeter calculation, with an open touring or sedan body, designed and constructed to comfortably transport not more than six (6) persons , including the driver. (c) Limousine. A vehicle for hire onJy by prearrangement at a rate charged per hour, or fixed in advance, and is a chauffeured, luxury class passenger motor vehicle that is built or modified for the purpose as a limousine. (d) Sightseeing cars. A vehicle for hire designed and constructed to seat seven (7) or more persons used in regularly conducted sightseeing trips, which originate from and terminate at a single specified point, the destination or route of which is not under the direction of the passenger or passengers transported therein ; which is not used as a means of local transportation within the City; and which neither receives nor discharges passengers along its routes. (e) Taxicabs. Any motor vehicle which is rented from a stand in the street or from a private station or garage, the destination and route ofwhich is under the direction ofthe passenger or passengers transported therein, and fitted with a taximeter or other mechanical device by which the charge for hire is mechanically calculated by measuring and recording either the distance traveled with such motor vehicle or the waiting time or both . (f) Van. Any motor vehicle recognized as either a full-size passenger van or a passenger motor vehicle on a van or truck chassis. The term shall not include a cargo or panel van. Sec. 21-77.-Manner of advertising Page 14 Page 32 of 68 Agenda Item #4.B. 19Jul2018 No For-hire Driver shall be permitted to advertise such business before the public under any other name or names than the specified name or names recited in the particular business tax receipt under which such holder is authorized to engage in the business of the transportation ofperson(s) for compens ation. Sec. 21-78.-Printed matter appearing on a vehicle for hire, except limousines; certain information required; advertising regulated. · (a) The name of the company or firm operating a vehicle for hire shall be permanently displayed on both the right and left sides and the rear of the vehicle so that the name shall be plainly visible , with lettering at least four (4) inches in height, and made to reflect lights shined on them in the dark. (b) Each vehicle for hire shall have attached to the outside left rear portion of the vehicle the numbered medallion issued by the City of Jacksonville. (c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no portion extends below the bumper or beyond either side, and so as not to interfere in any manner with full vision through the rear window of the vehicle. Sec. 21-79.-Inspection of vehicles for hires. It shall be the duty of every For-hire Driver to subject the vehicle for hire to a complete and thorough inspection as required by the City ofJacksonville. Written certification ofsuch inspection shall be maintained in the vehicle while operating in the City. Sec. 21-80.-Equipment and safety requirements for vehicles for hire. (a) All motor vehicles in service as vehicles for hire shall have the following equipment, which equipment shall be maintained in good working condition. (I) Front and rear lights meeting state standards and a dashboard light that will indicate when any of the motor vehicle's doors are not securely closed ; (2) Adequate brakes on all wheels ; (3) Tires of the quality of original equipment as specified by the manufacturer, or better; (4) Speedometer in good working order; (5) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easily cleaned and shall be free of tears and cuts ; (6) Seatbelts for the driver and all passengers ; (7) An unexpired A , B, C type fire extinguisher (minimum size of two and one-half (2.5) lbs .); (8) Adequate heater and air conditioner; (9) All seats in a shuttle vehicle shall be factory installed only; (lO)Except for limousines, there shall be no shades, blinds or curtains between the rear seat or seats and the driver's seat, nor shall any shades , blinds or curtains shield the occupants or the For-hire Driver from observation or obstruct the view through the rear window. Page 15 Page 33 of 68 Agenda Item #4.8. 19Jul2018 (b) All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a generally good appearance. It shall be unlawful to operate any motor vehicle as a vehicle for hire which does not comply with the provisions of this section . Sec. 21-81.-Meters required for taxicabs. (a) Every taxicab operating as a metered taxicab shall have affixed thereto , in operating condition, a taximeter. (b) The face of every taximeter shall be visible from the passenger compartment of every taxicab at all times and, after sundown , shall be illuminated by a suitable light so arranged as to throw a continuous steady light thereon . (c) No taxicab shall be permitted to operate as both a metered and non-metered (zone rate) vehicle for hire . Each vehicle for hire shall be identified in a manner to designate its status as a metered or non-metered vehicle for hire. Sec. 21-82.-For-hire Drivers. Unless otherwise enumerated in this article, all For-hire Drivers, while operating in the City, will adhere to the requirements of Chapter 220, Part 3 For-Hire Drivers of the City of Jacksonville 's Code of Ordinances. Sec. 21-83.-Engaging in criminal activity. Engaging in criminal activity while operating a vehicle for hire within the City may result, in addition to any charges under Florida State Statute, in civil fmes as contained within section 21­ 85 below. These activities include, but are not limited to the following : (a) Transporting passengers for the purpose of engaging in narcotic or prostitution activity ; (b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire . Sec. 21-84.-Rates and charges. (a) S c hedule ofrates to be posted. There shall be posted in every vehicle for hire for which a local business tax receipt is issued under this article , and in full view of the passengers in plain conspicuous letters, a schedule of rates, charges and fares which shall be binding upon the operator of the vehicle for hire and any collection of rates, fares or charges , in exce ss thereof shall constitute a misdemeanor. (b) Charg ing rates in excess ofposted rates. No For-hire Driver shall charge or demand from any customer any sum of money in excess ofthose rates or charges posted in such vehicle for hire. (c) Wh en rates not to be charged. No charge shall be made for time lost or distance traveled while a vehicle for hire is disabled . No charge shall be made for traveling empty while en route to pick up a passenger unless the person requesting the vehicle for hire refuses to hire it after it arrives , in which case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this subpart for the distance traveled empty may be collected . Sec. 21-85.-Citations authorized; penalties provided. Violations of this Article shall be punishable by fines as follows: (a) First offense : (The current offense is the first offense ifthere have been no other citations within the preceding twelve (12) months .) One hundred dollars ($1 00.00); however, if Page 16 Page 34 of 68 Agenda Item #4.8. 19Jul2018 not paid within fourteen (14) calendar days , the fine increases to one hundred and fifty dollars ($150.00); if not then paid within fourteen (14) calendar days of the increase, then the right to operate within the City shall be suspended until the fine is paid or for thirty (30 ) days , whichever is later . (b ) Second offense ; (The current offense is a second offense if there has been only one (1) previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars ($250.00); however, if not paid within fourteen (14) calendar days, the fine increases to three hundred dollars ($300 .00); if not then paid within fourteen (14) calendar days of the increase, then the right to operate within the City shall be suspended until the fine is paid or for thirty days, whichever is later . (c) Third and subsequent offenses : (The current offense is a third or subsequent offense if there have been two (2) or more previous citations within the preceding twelve ( 12) months.) Five hundred dollars ($500 .00). If not paid within fourteen (14) calendar days, then the right to operate within the City shall be suspended until the fine is paid or thirty (30) days , whichever is later. Sec. 21-86.-Reserved. ARTICLE VI. -UNREGISTERED AND INOPERABLE VEHICLES Sec. 21 -87. -Intent. It is the intent of this Article to regulate unregistered or inoperable vehicles on private property, which have been found to be a public nuisance detrimental to the health, safety and welfare of the inhabitants ofthe city. Sec. 21-88.-Lim itations on unregistered and inoperable vehicles. No unregistered or inoperable motor vehicle shall be parked, stored or otherwise kept on any private property for a period longer than seventy-two (72) continuous hours as observed and documented on at least two separate days by an enforcement officer; except when one (1) or more of the following conditions apply: (a) The vehicle is within a fully enclosed building; or (b) The vehicle is on the premises of a business where the location and use ofthe land has been approved by the City as appropriate and safe for such vehicles. Sec. 21 -89. -Enforcement. Whenever a violation of this Article has been determined to exist, the following enforcement procedures shall apply: (a) A notice shall be posted upon the motor vehicle in violation. The notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproofed to withstand normal exposure to the elements for ten (1 0) days . The notice shall contain the following: Page 17 Page 35 of 68 Agenda Item #4.8. 19Jul2018 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED MOTOR VEHICLE This motor verucle, to wit: (setting forth brief description of the motor vehicle) located at (setting forth brief description of location) is in violation of (set forth ordinance or regulation violated) and must be removed from this location or brought into compliance witrun ten (1 0) days from the date of this notice. You have the right to file a written request with the Atlantic Beach City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233, within ten (10) days from the date of this notice, for a hearing before the Atlantic Beach Code Enforcement Board, at which you may present evidence to show that the subject motor vehicle is not in violation of(set forth ordinance or regulation violated). If you neither timely file a written request for a hearing nor remedy the identified violation(s) within ten (10) days from the date of this notice , the motor vehicle shall be removed by the City. The owner of the motor vehicle shall be liable for the costs of removal and storage. Dated this: (set forth date of posting of notice) Signed : (set forth name, title, address and telephone number of enforcement officer) (b) On the date the notice is posted on the subject motor vehicle, a certified letter providing notice of the violation, potential corrective actions , the right to a hearing before the Code Enforcement Board, and the procedure for requesting such a hearing, shall be sent to the real property owner of the property where the vehicle is located, whose name and address is known by reference to the latest ad valorem tax records published by the county property appraiser. (c) A certified letter providing notice of the violation , potential corrective actions , the right to a hearing before the Code Enforcement Board , and the procedure for requesting such a hearing, shall be sent to the owner of the subject motor vehicle, if known, on the date the notice is posted. (d) If, after ten (10) days from the date the notice is posted on the subject motor vehicle, the violation(s) have not been corrected and a hearing before the Code Enforcement Board has not been timely filed in writing with the City Clerk, the code enforcement officer shall have the motor vehicle removed from the property as set forth in Article 3 of this chapter and shall notify the Police Department immediately in a manner as prescribed by the Chief of Police ." (e) The timely filing ofa written request for a hearing before the Code Enforcement Board shall operate to stay removal of the subject motor vehicle until such time as a hearing before the Code Enforcement Board is held . Page 18 Page 36 of 68 Agenda Item #4.8. 19Jul2018 Chapter 21 -TRAFFIC AND MOTOR VEffiCLE ARTICLE I.-IN GENERAl).U Sec. 21-1.-Adoption of Florida Unifo rm Traffic Control Law, and tbe Manual on Uniform Traffic Control Devices. The following are adopted in full by reference as part of this Chapter and shall be in full force and effect within the City as if fully set forth herein : (a) The Florida Uniform Traffic Control Law, being Chapter 316 of the Florida Statutes as may be amended ; (b) The Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, as published and amended by the Federal Highway Administration. Sec. 21-2.-Definitions. To the extent the Definitions provided in this Section conflict with or differ from those found in the Florida Uniform Traffic Control Law or the Manual on Uniform Traffic Control Devices, the definitions found in this Section shall be used in implementing and interpreting this Chapter. (a) City or the City shall mean the City of Atlantic Beach, except when used in conjunction with another city such as the City of Jacksonville . (b) Enclosed building shall mean a structure having no outside openings other than ordinary doors, windows and other such common features . (c) For-hire Driver includes every individual o perating a vehicle for hire either as owner, agent, employee, or otherwise pursuant to a local business tax receipt issued as herein provided . (d) Inoperable motor vehicle shall mean a motor vehicle that is incapable of legal operation under its own power up on a roadway due to its physical condition . (e) Motor vehicle shall mean any self-prope ll ed vehicle designed primarily for transportation of persons or goods along a public roadway . (f) Paved sidewalk shall mean the concrete, asphalt, paver and other surface materials intended for use by pedestrians and non-motorized modes of transport . (g) Public property shall mean lands and improvements owned by the Federal Government, the state, the county, a municipality, or any subdivision thereof. (h) Right-of-way shall mean land which the City own s the fee or has an easement devoted to or required for use as a transportation facility . (i) Secondhand dealer has the same meaning as used in F.S . §538 .03(1Xa), as it may be amended . (j) Taximeter shall mean a mechanical or electronic device which calculates and displays a predetermined rate and indicates the charge for hire of a taxicab and which also records Page 1 Page 37 of 68 Agenda Item #4.8. 19Jul2018 and indicates a fare, rate or charge based on waiting time, extra passengers, initial charge and oth er fares , rates or charges. (k) Title loan agreement shall mean a written agreement whereby a secondhand dealer agrees to make a loan of a s pecific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned by th e borrower and encum bered only by a title loan agreement. (I) Trailer shall mean a non-powered ve hi cle designed to be hauled over roadways by a motor vehicle, and shall be in terpreted to include boat tra il ers, fifth wheels, travel trailers, equipment trai lers , a nd any other vehicle normally known as a trailer. (m) Transport shall mean to operate or cruise over the roadways of the City and its adjacent territory for the purpose of moving passengers or goods fro m one point to another. (n) Unregistered Motor Ve hicle shall mean a motor vehicle which does not have a valid and current motor vehicle li cense tag affixed thereto. (o) Vehicle for hire sha ll mean any motor vehicle operated over and upon roadways within the City for the transportati on ofperson(s) in exchange fo r compensation . Sec. 21-3. -Permit required for parades and process ions. No procession or parade shall occupy, march or proceed along any roadway except in accordance with a permit issued by the City Manager and suc h other regulations as are set forth within this Code, which may apply . Sees. 21-4-21-15.-Reserved. ARTICLE n.-STOPPING, STANDING AND PARKING ON PUBLIC PROPERTYIH DIVISION 1. -GENERALLY Sec. 21-16.-Manner of stopping, standing or parking. (a) Any motor veh icle, trailer, eq uipm ent, or obj ect of any kin d stopped, standing or parked on a roadway s hall be parallel with the edge of the roadway in the direction of traffic, except where an official traffic control device requires otherwise . (b) Any motor ve hicl e, trailer, equipment, or object of any kind stopped , standing or parked on a roadway with a raised concrete c urb s hall have its wheels within twe lve (12) inches of the edge of the roadway except whe re an official traffic control device requires otherwise. (c) Motor vehicles, trai lers, equipment, or objects of any kind shall not be stopped, standing or parked on a street in a manner that obstructs the required sight distance requirements found in Section 19-5 of the City's Code of Ordinances. Sec. 21-17.-Prohibited in s pecific areas. Page 2 Page 38 of 68 Agenda Item #4.8. 19Jul2018 Except when necessary to avoid conflict with other traffic or in compliance with the directions of a pol ice officer or official traffic control device, no person shall stop, stand or park a motor vehicle or trailer: (a) On a paved sidewalk or in a manner that any part of the motor vehicle or trailer is protruding over a paved sidewalk ; (b) On a street within seven (7) feet of a public 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 ; (g) On the following roadways : (I) East Coast Drive . (2) Ocean Boulevard . (3) Sherry Drive (South). (4) Seminole Road . (5) Plaza (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive (except for the 600 through 900 Blocks). (8) Levy Road . (9) Dutton Island Road. (IO)Donner Road; (h) Except between the hours of six (6) PM and six (6) AM or as approved under Section 6­ 18 of this Code of Ordinances, within the right-of-way of the following streets : (I) East Coast Drive . (2) Ocean Boulevard. (3) Sherry Drive (South). (4) Seminole Road . (5) Plaza (except for the 300 Block). (6) Royal Palms Drive. (7) Sailfish Drive (except for the 600 through 900 Blocks). (8) Levy Road . (9) Dutton Island Road . (I 0) Donner Road . Page3 Page 3 9 of 68 Agenda Item #4.8. 19Jul2018 Sec. 21-18.-Obstructing traffic. No person shall stop, stand or park a motor vehicle or trailer on a street in a manner that leaves less than ten (I 0) feet ofroadway width available for the free movement ofvehicular traffic, except a driver may stop temporari ly during the actual loading or unloading of passengers or packages, or in compliance with direction given by a police officer or official traffic control device . Sec. 21-19.-Com pliance with signs prohibiting parking req uired. When a sign prohibiting parking is erected or a curb is officiall y marked to prohibit parking, no person shall park a motor vehicle or trailer in such a designated place . Sec. 21-20.-Parking limitations. (a) When a sign is erected in each block giving notice thereof, no person shall park a motor vehicle or trailer for longer than the respective times set forth in any schedule applicable thereto promulgated and adopted by the City Manager. (b) No motor vehicle or trailer, other than official motor vehicles or trai lers as authorized by the City Manager, 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 . (c) No person shall stop, stand, or park a recreational vehicle, camper, bus, flatbed truck, trailer or commerc ia l vehicle upon any street, except for the purpose of loading or unloading, for more than four (4) ho urs, except when authorized by the City Manager or their designee. Sec. 21-21.-Parking for certain purposes prohibited. No person shall stand or park a motor ve hicl e or trailer upon any street for the principal purpose of: (a) Displaying it for sale; or (b) Greasing, changing the oil or other fluids, or repairing the motor vehicle, except repairs necessitated by an emergency . Sees. 21-22---21-35.-Reserved. DIVISION 2. -ENFORCEMENT Sec. 21-36.-Issuance of citations. T he 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 all police officers . It shall be the duty of all po lice 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 motor vehicles in any street block of the City . Notice of violation of a parking ordinance by police officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the motor vehicle or by attaching the citation to the motor vehicle if it is unattended . A duplicate copy ofeach such ticket shall be made and filed by the police officer, with his signature affixed thereto, at the close ofeach day's work, with the records division ofthe Pol ice Department. Page4 Page 40 of 68 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 motor vehicle causing the violation as well as the person cited if delivered in person; (e) Command the owner or operator of the motor vehicle causing the violation to pay to the Finance Department the applicable fine as established by section 21-38 ; and (f) Shall be signed by the police officer 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 as defined by Section 21-17 .. $50.00 (b) Obstructing traffic ..... $50.00 (c) Parking over time limit .... $50.00 (d) Other improper parking ..... $50.00 (e) lllegal parking in designated ADA Accessibility parking spaces . $250 .00 Sec. 21-39. -Payment of parking floes . (a) The 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 sha ll be deemed equivalent to the entry of a plea of guilty to the offense charged and wa iver 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 . [fa motor vehicle has three (3) or more unpaid parking tickets, and the time limitations for the payment ofthe tickets has expired, then the motor vehicle may be disabled or towed pursuant to the conditions set forth within this Chapter. Sec. 21-40.-Disposition of money collected as fine s. 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. Page 5 Agenda Item #4.8. 19Jul2018 Page 41 of 68 Agenda Item #4.8. 19Jul2018 For purposes of violation of a parking ordinance of the City, the specification of a motor vehicle li cense tag number on a citation for such vio lati on, 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 I icense tag. Sec. 21-42.-Removing and impounding. Members of the Police Department are hereby authorized to remove and shall cause to be removed any motor vehicle or trailer from any street within the City to a public garage or other place of safety under circumstances enumerated in this artic le : (a) When a motor vehicle or trailer is left unattended : (1) On a sidewalk; (2) On a street 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 op posite any street excavation or obstruct ion when stopping, standing, or parking woul d obstruct traffic. (b) When any motor ve hicl e or trailer is left unattended at any place where official signs or markings on the curb prohibit parking, stopping, or standing. (c) When any motor ve hicle or trailer is left unattended upon any roadway or right-of-way for a period of time longer than seventy-two (72) hours . (d) When a motor vehicle or trailer upon a street is so disabled as to constitute an obstruction to traffic, or the person in charge of the motor vehic le or trai ler is, by reason of ph ys ical injury or condi tion, incapacitated to such an extent as to be unable to provide for its custody or removal. (e) When any motor ve hicl e or trailer is left unattended upon a street and is so parked illegally, or the motor vehicle constitutes an obstruction to normal movement of traffic . Sees. 21-43-21-49.-Reserved. ARTICLE Ill. -WRECKER SERVICElli Sec. 21-50.-Establishment of rotating wrecker call li st T he 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 firms , companies, or corporations li censed to condu ct that business may apply for a li sting by the Police Department on the rotating wrecker call list. Sec. 21-51.-Charges for towing and storage. Page 6 Page 42 of 68 Agenda Item #4.8. 19Jul2018 The charges for towing and otherwise removing any damaged motor vehicle or trailer from any point within the City sha ll be as set forth in Section 804 .1204 of the Citv of Jacksonville Code of Ordinances with rates as defined by Section 804 .1205 of the Citv of Jacksonville Code of Ordinances as amendedeelaw. Daytime shall ee def'iAed as tile ABIIrS fram 6 :00 a .m. I!Atil e:OO p.m. l>ligllttime shall ee defiAed as tile ABI!rs fram 6 :00 p.m. I!Aiil 6 :00 a.m. The Aigllttime rate ·Hill apply IAFBIIgRBIII 811Rdays BAd legal llalidays , witllattt regard Ia tile time tile tawiAg BAS rema•tal aetttally tal<es plaee . C I ass A wresl<er Passenger ears aAd light vaRS TrtteliS (half IBA IB twa IBBS Campers, trailers aAs meeile llemes I Metereyelesi (e) Class B wreslEer : Tile ekarges fer tawing and etllerwise remeviAg aA~· trllel<, I!Ait er )99Ft tllereef, frem mere tllaA twa teAs te 19 teas efweigllt $193 .00 per llettr te· .. ·iAg sllarge, ettt iA AB B\'BAI less tRaA a$ I 00.00 ellarge fer Iewing; and Ret mere than$ 193 .00 per llattr fer sleanttp , ~-lal!er aAel "'Biting time . (e) Class C wreel<er: The ellarges fer tew'Jlg BAS etRef\.ise reme o"iAg BAY trlleli er ttAit ef 19 IBAS ar greater •~~eight $137.99 per ABIINBWiAg ellarge fer a trttelE er IIAil traAspertaele as a v.'llele, ettt in na e\'eAt less tRaA $137 .00 ellarge fer sttell tawing, ar, $219 .00 per llettr tawing ellllf~ fer a trttel< er atller ttAil nat tfBRSfJBFIIIele as a v.4l ale , ettt iA AB eveAIIess theA a$ I 00 .00 ellarge fer st~ell Iewing; BAd RBI mere !ABA $100 .99 per llettr fer eleaAttfJ , entra laser ar v.aitiAg time . I 0\•ertl!fAed meter \'ellisles : Regttlar priee pl11s OnOseaA : Reg11lar priee pillS (Dri\•er andler wreel<er mttsl enter water) Use af dallies : Regt~lar priee pillS !Formatted: Space Before : 0 p~ After. 6 p~ Tab stops: ] 2.2", Left Page 7 Page 43 of 68 Agenda Item #4.B. 19Jul2018 (g) Tile el!erges fer s!arage af mater vel!ieles liRa !Fallers BY wreel;er serviee BjlBRi!ars sl!all Be as fellaw.; · Starage. autsiae ller aa~-; ~17 00 Sterage, iAsiae jleF aa~·; $21 00 (I!) 'HileR a wreel<er is eallea afla !lie a·oYAer offi,•es Ia elaim I!is malar vel!iele ar trailer Befere it eoA Be rema,·ea, a jlortial fee is ollawea af fer!)· l•.ve aallors (~42 00), if tile '>'>'Feel<er lias BeeR !!l!~·sieolly altael!ea Ia tile mater \'BRiele ar !r-ailer. If tile a·.YAer offi•,•es Befere !lie ·;Keel<er is ottael!ea , Aa fee will Be el!ar-gea . (i) Tile aea\'e el!arges ma~· ee ellaAgea B)' resalutlaA aEleJ!teEI By !lie City CammissiaA . Sec. 21-52.-Wrec ker s to be equippe d at a ll ti mes . All wreckers must be equipped at all times with amber flas hing lights and all necessary working tools, including but not limited to , bolt cutters, crowbars, shovel , broo m, axe and fire extinguisher. Sec. 2 1-53.-Lia bili ty in sura nce. All wreckers shall have, maintain, and keep in full force and effect, liability insurance in amounts not less than one hundred tbousand dollars ($1 00,000.00) for damages arising from bodily mjury or death to any one person not less th nte three hundred thousand dollars ($300,000.00) for damages arising from bodily injury of more than one oerson in any one acc1dent. and property insurance in an amount not less than fifty thousand dollars ($50,000.00). Sec. 21-54.-Re pairing motor vehicl es without authoriza ti on prohibited. It shall be unlawful for any person to dismantle or to make repairs, alterations or additions to any such removed motor ve hicle without the written consent signed by its owner or his dul y authorized agent. Sec. 21-55. T owage a nd st orage charges. Any and all towage and storage charges reasonabl y due to: (I) the owner of the wrecker service that towed a motor vehicle or trailer removed under the provisions of this article, or (2) the owner of the garage or other place where a motor vehicle or trailer has been rem oved to and stored under provisions of this article, shall constitute a lien against the motor vehicle or trailer. The owner of the garage or other place the motor vehicle is stored is hereby authorized to hold the motor vehicle or trailer until th e towage and storage charges are paid by , or on behalf of, the owner of the motor vehicle or trai ler. In no event sha ll the City, or any officer, employee, or department thereof, be liable for such charges by reason of their enforcement of this secti on. Sees. 2 1 -56-2 1 ~0 .-Reserved. ARTIC LE IV.-M OTOR VEHICLE T ITLE W ANS Sec. 2 1 ~1.-M oto r vehi cle title loa n t ra nsactio ns. PageS Page 44 of 68 Agenda Item #4.B. 19Jul2018 A secondhand dealer registered under F.S . Ch . 538 , Pt. I, may engage in motor vehicle title loan transactions , as that term is used in F.S . Ch . 538 , Pt . I, if the following conditions are met: (a) The secondhand dealer maintains physical possession of the motor vehicle certificate of title; (b) The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan; (c) The borrower is not required to pay rent or any other charge for the use of the motor vehicle; (d) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement showing the loan amount, origination date, maturity date, finance charges , a description of the security, the name and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments required, and the total amount required to be paid over the life of the loan. In the event the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the information required herein for each renewal ; and (e) The title loan agreement contains the following statements printed in not less than fourteen-point type: (I) "Your vehicle has been pledged as security for this loan and if you do not repay this loan in full , including the finance charge, YOU WILL LOSE YOUR VEHICLE." (2) "You are encouraged to repay this loan at the end of the 30 day period. The lender is not required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible." (3) "THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 2.5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." (4) "The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the title loan agreement is in effect, and that doing so will be a violation of the law." (I) Immediately above the signature of the borrower, the statement that "I , the borrower, declare that the information I have provided is true and correct and I have read and understand the foregoing document." (g) A blank line for the signature of the borrower. (h) The secondhand dealer must display, in a prominent place in the title loan premises , for customer viewing, a sign no smaller than three (3) feet by five (5) feet with the following messages written in letters no less than four (4) inches high : Page9 Page 45 of 68 Agenda Item #4.8. 19Jul2018 "IF YOU RECEIVE A TITLE LOAN, YOUR VEHJCLE WILL BE PLEDGED AS SECURITY FOR THE LOAN . IF YOU DO NOT REPAY THJS LOAN IN FULL, !NCLUD!NG ALL F!NANCE CHARGES, YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HJGH lNTEREST RATE. DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABlLITY TO BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE LOWER THAN 2 .5% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%." Sec. 2l-4i2.-Maximum interest rate. A secondhand dealer who engages in title loan transactions may not exceed the following i merest rates: (a) A secondhand dealer may charge an interest rate not to exceed two and one-half (2 .5) percent per thirty-day period the title loan agreement remain s outstanding and unsatisfied . ln determining co mpli ance with the maxim um interest and finance charges, the computation must be simple interest and not add-on interest or any other interest computation . (b) If the title loan agreement has not been satis fied within three hundred sixty (360) days, a secondhand dealer may charge an interest rate not to exceed eighteen (18) percent per annum for the time th e title loan agreement remai ns outstandi ng and unsatisfied beyond three hundred sixty (360) days . (c) The annual percentage rate that may be charged in a motor vehicle title loan may equal , but not exceed, the annual percentage rate that must be computed and disclosed as required by the federal Truth in Lending Act and Regulation Z ofthe Board ofGovernors of the Federa l Reserve System . When the period for which the charge is computed is more or less than one (1) month, the maximum rate for the period must be computed on a basis of one-th irtieth ( 1/30 ) the a pplica bl e monthly interest rate , multipli ed by the number of days of the period. (d) Any transaction invo lving a borrower's delivery of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase th e certificate oftitle upon the payment ofa sum of money, whether the transaction be characterized as a "buy-sell agreement", "sale-leaseback agreement", or otherwise, shall be deem ed a v iolation of thi s article if s uch sum exceeds the amount that a secondhand dealer may collect in a title loan agreement under this articl e or if the terms of the transaction otherwise confl ict with the permitted terms and conditions of a title loan agreement und er this artic le . (e) Any fees or taxes paid to a state agency and directly related to an individual title loan transaction may be collected from the borrower and shall be in addition to the permitted finance and interest charge . (f) No charges, including interest, in excess of th e combined total of all charges permitted by this section sha ll be allowed . Sec. 21-4i3.-Transactio n sati sfaction and default. Page 10 Page 46 of 68 Agenda Item #4.8. 19Jul2018 (a) When the title loan has been paid in full , the secondhand dealer must deliver to the borrower a certificate of title clear of all encumbrances placed upon the title by the secondhand dealer within thirty (30) days of such payment in full. (b) A secondhand dealer who engages in title loan transactions may take possession of the motor vehicle upon the borrower's default under the title loan agreement. Unless the borrower voluntarily surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle through an agent licensed by the State of Flori da to repossess motor vehicles. (c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply with the applicable requirements of F.S . Ch . 679, Pt . V. (d) Disposition of the coll ateral or motor vehicle may be by public or private proceedings and may be made by way of one (I) or more contracts. Sale or other disposition may be as a unit or in parts and at any time and place and on any term s, but every aspect of the disposition, including the method, manner, time, place and terms includi ng surplus of the debt, must be commercially reasonable. Sec. 21-64. -Title loan lending license. (a) No secondhand dealer may engage in business as a title loan lender six (6) months after the effective date of this article unless the secondhand dealer has a valid title loan lending license issued by the City. A separate title loan le nd ing license wi ll be required for each physical location of the title loan business . The City shal l issue more than one (I) title loan lending license to an applicant if that applicant complies with the requirements of this part for each such license. (b) An application for a title loan lending license pursuant to this part must be submitted to the City on such form as t he City may prescribe. If the City determines that an application should be granted, it shall issue such license for a period not to exceed two (2) years. A non­ refundable application and license fee of o ne th ousand two hundred fifty dollars ($ 1,250.00) s hall accompany an initial application for each title loan location. (c) The City shall charge a biennial renewal fee ofone thousand dollars ($1 ,000.00). A title loan lending license that is not renewed at the end of each two-year period shall automatically become inactive. An inactive license may be reactivated within ninety (90) days after the date it became inactive upon the submission of a completed reactivation form and payment of a reactivation fee not exceeding two hundred dollars ($200.00) and a biennial license fee ofone thousand dollars ($1 ,000.00). No inactive li cense may be reactivated after ninety (90) days. (d) Each title loan lending license must specify the location for which it is issued and must be conspicuously displayed at that location. When a li censee wishes to move a title loan office to another location, the li censee shall give thirty (30) days prior written notice to the City by certified or registered mail , return receipt requested, and the City s hall then ame nd the title loan lending license accordingly. A license issued pursuant to this part is not transferable or assignable. (e) Books, accounts and records ; maintenance and examinations by the City: ( I) Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, records and documents necessary to determine the licensee's compliance with this part. Page 11 Page 47 of 68 Agenda Item #4.8. 19Jul2018 (2) The City may authorize maintenance of records at a location other than a principal place of business. The City may require books and records to be produced and available at a reasonable and convenient location wi thin the City . (3) All books, accounts , records, documents and receipts for expenses paid by th e licensee on behalf ofthe borrower, including each contract signed by the borrower and expenses incurred by th e licensee in the event of foreclosure an d property recovery, will be preserved and kept available for exam ination by the City for two (2) years after the date of original entry . (4) The City may prescribe by rule the minimum information to be shown in the books, accounts, records and documents of li censee so that such records will enab le the City to determine the licensee's compliance with this part. (f) Eac h licensee shall designate and maintain an agent in this state fo r service of process . (g) A li censee must apply to the City for a new titl e loan lending license upon a change in ownership oftwenty-five (25) percent or more by a natural person in any title loan location or office. No application fo r a title loan lendin g li cense or an application for transfer of an existing title loan lendi ng li cense is req uired for any change, directly, or beneficially, in the ownership ofa title loan location if one (I) or more of the holders of at least seventy-five (75) percent of the outstanding equity interest in the title loan location or office before the change in ownership co ntinue to hold at least seventy-five (75) percent of the outstandin g equity interest in the title loan location or office after th e change in ownership. (h) To be eligible for title loan lending license, an applicant shall : (I) File with the City a bond in the amoun t of thi rty-five thousand dollars ($35 ,000.00) for each license with a surety company qualified to do business in this state. In lieu of the bond, the applicant may establish a certificate of deposit or an irrevocable letter of credit in a Florida financial institution in the amount of the bond . The original bond, certificate of deposit, or letter of credit shall be fi led with the City and the City sha ll be the beneficiary ofsuch instrument. The bond, certificate of deposit, or letter of credit shall be in favor of the City for the use and be nefit of any consumer who is injured in the context of a title loan transacti on by the fraud , misrepresentation, breach of contract, fmancial fail ure, unfair or deceptive trade practice, disclosure violation or violations of any provision of this part by the licensee . Such li ability shall be enforced by the filing of a suit in a court ofcompetent jurisdiction. (2) Not have bee n convicted of a fe lony within the last ten (J 0) years or be actin g on behalf of a beneficia l owner who has been convicted of a felony wi th in the last ten (10) years . (3) Not have been convicted , and not acting on behalf of a beneficial owner who has been convicted, of a crime that the City finds directly related to the duties and responsibilities of a title loan lender within the past ten (I 0) years . (i) T he City shall determine the form of the title loan lending license. U) No part of this article may be construed to impair o r affect the obligation of any title loan agreement which was lawfully entered into prior to the effective date of the ordinance from which this article derives (December 14, 1998). Page 12 Page 48 of 68 (k) Licensees shall report changes in address, location or records, and any change ofan executive officer within thirty (30) days of the change. (I) In addition to the above, an applicant must also obtain any required occupational license. Sec. 21-65.-Vio lations and penalties. (a) The following acts are violations of this part and shall constitute grounds for disciplinary action : (I) Failure to comply with any provision of this part, rule adopted under this party by the City, or any written agreement entered into with the City . (2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction . (3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a consumer pursuant to this part. (4) Willful imposition of illegal charges on any title loan transaction . (5) False, deceptive or misleading advertising by a licensee. (6) Failure to maintain, preserve and keep available for examination all books , accounts and other documents required by this part, state or federal law, or by any agreement entered into with the City . (7) Aiding, abetting or conspiring with an individual to circumvent or violate any of the requirements of this part or state or federal law. (8) Refusal to permit inspection of books or records in an investigation or examination by the City or refusal to comply with a subpoena issued by the City . (9) Criminal conduct in the course of a licensee's business as a title lender. (I 0) Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years . (II) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver of any of the provisions of this part . ( 12) Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own or the registered name of his business . (13)Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one-third ( 1/3 ) of the value of the motor vehicle . The City shall determine the method of assessing the value of the pledged property. (14)Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle repossessed pursuant to this part . (15) Failure to return the certificate of title or motor vehicle taken into possession to a borrower with any and all of the title lender's liens on the property properly released within thirty (30) days of the payment of the full amount due, unless the property has Page 13 Agenda Item #4.8 . 19Jul2018 Page 49 of 68 Agenda Item #4.8. 19Jul2018 Page 50 of 68 been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order. ( 16) Charging or receiving any finance charge, interest, cost or fee which is not permitted by this part. ( 17) Engaging in business as a title lender without first securing the required license. ( 18) Refusing to accept partial repayment of the amount financed when all accrued fmance charges have been paid . ( 19) Charging a prepayment penalty. (20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreeme nt. (2 1) Acting as a title loan lender in the City six (6) months after the effective date of the ordi nan ce from which this article derives (December 14, 1998) without a current, active license issued by the City pursuant to this part. (22) In any practice or transaction or course of business relating to the making of a title loan , negotiation, promotion, advertisement or hypothecation ofa title loan transaction , directly or indirectly: (i) To knowingly or willingly employ any devise, scheme or article to defraud ; (ii) To engage in any transaction, practice or course ofbusiness which operates as a fraud upon any person in connection with the purchase or sale of any title loan ; (iii) To obtai n property by fraud , willful misrepresentati on ofa future actor false promise . (23) In any manner within the jurisdiction of the City to knowingly and wi llfull y falsity, conceal or cover up by a trick, scheme or devise a material fact, make any false or fraudulent statement or representation, or mak e or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry . (24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any title loan transaction in the City; or aiding, assisting or conspiring with any other person engaged in any such misconduct and in furtherance thereof. (b) Upon a finding by the City that the licensee or applicant has committed any of the acts set forth in subsection (a) hereof, the City may enter an order and take one or more of the following actions : (I) Deny the application for I icense pursuant to this artic le. (2) Revoke or suspend a license previously granted pursuant to this part. (3) Place a licensee or applicant for a license on probation for a period of time and subject to such conditions as the City may specifY . (4) Issue a letter of concern or reprimand . (5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this article. Page 14 (6) Impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for each violation of this part. (7) The City shall be entitled to a reasonable attorney's fee, including appellate fees and costs, in an action successfully enforcing any fine imposed under this part . (c) When the City has reasonable cause to believe that a licensee is operating in vio lation of this part, it may bring a civil action in any court ofcompetent jurisdiction to enforce or administer this part, including a temporary or permanent injunction, or appointment of a receiver. (d) The City may adopt rules which set forth with specificity acts or practices which violate this part and which prescribe procedural rules for the administration of this part. Sec. 21-66. -Transition period for regulations, restrictions and licensure provisions. Each secondhand dealer operating as a title loan lender on the effective date of the ordinance from which this article derives (December 14, 1998) shall have six (6) months from the effective date of the ordinance to comply with the regulations, restrictions and licensure provisions of this part before the City may initiate any administrative or civil actio n, or refer a matter for criminal prosecution. Sees. 21-67-21-75.-Reserved. ARTICLE V. -VElDCLES FOR HIRE Sec. 21-76.-C la ssification of vehicles for hire. For the purpose ofconstruing and applying the terms ofthis chapter all motor vehicles for hire operating within the City shall be classified and defined as follows: (a) Bus. Any bus, omnibus or other motor vehicle designed and constructed to comfortably transport seven (7) or more persons, which is not used for regularly conducted amusement rides or sight-seeing tours, and is not o perated by another governmental agency. (b) Crui sing car. Any vehicle for hire based upon a pre-established schedule of flat charges rather than by taximeter calculation, with an open touring or sedan body, designed and constructed to comfortably transport not more than six (6) persons, including the driver. (c) Limousine. A vehicle for hire only by prearrangement at a rate charged per ho ur, or fixed in advance, and is a chauffeured, luxury class passenger motor vehicle that is built or modified for the purpose as a limousine. (d) Sightseeing cars. A vehic le for hire designed and constructed to seat seven (7) or more persons used in regularly conducted s igh tseeing trips, which originate from and terminate at a single specified point, the destination or route of which is not under the direction of the passenger or passengers transported therein ; which is not used as a means of local transportation within the City; and which neither receives nor discharges passengers along its routes . (e) Taxicabs. Any motor vehicle which is rented from a stand in the street or from a private station or garage, the destination and route ofwhich is under the direction ofthe passenger Page 15 Agenda Item #4.8. 19Jul2018 Page 51 of 68 Agenda Item #4.8 . 19Ju l 2018 or passengers transported therein, and fitted with a taximeter or other mechanical device by which the charge for hire is mechanically calculated by measuring and recording either the distance traveled with such motor vehicle or the waiting time or both . (f) Van. Any motor vehicle recognized as either a full-size passenger van or a passenger motor vehicle on a van or truck chassis . The term shall not include a cargo or panel van . Sec. 2 1-77.-Manner of advertising No For-hire Driver shall be permitted to advertise such business before the public under an y other name or names than the specified name or names recited in the particular business tax receipt under which such holder is authorized to engage in the business of the transportation ofperson(s) for compensation. Sec. 2 1-78.-Printed matter appea ring on a vehi cle for hire, exce pt limousines; certain information require d; adverti sing reg ul ated. (a) The name of the company or firm operating a vehicle for hire shall be permanently displayed on both the right and left sides and the rear of the vehicle so that the name shall be plainl y visible, with lettering at least four (4) inches in height, and made to reflect lights shined on them in the dark . (b) Each vehicle for hire sha ll have attached to the outside left rear portion of the vehicle the numbered medallion iss ued by the City of Jacksonville . (c) Advertising matter on vehicles for hire shall be attached to the vehicle so that no portion extends below the bumper or beyond either side, and so as not to interfere in any manner with full vision through the rear window of the vehicle. Sec. 2 1-79.-Inspec ti on of ve hi cles for hires. It shall be the duty of every For-hire Driver to subject the vehicle for hire to a complete and thorough inspection as required by the City ofJacksonville. Written certification ofsuch inspection shall be maintained in the vehicle while operating in the City. Sec. 2 1-80. -Equipment an d safety require ments for vehicles for bire. (a) All motor vehicles in service as vehicles for hire shall have the following equipment, which equipment shall be maintained in good working condition . (I) Front and rear lights meeting state standards and a dashboard light that will indicate when any of the motor ve hi cle's doors are not securely closed; (2) Adequate brakes on all wheels; (3) Tires of the quality of original equipment as specified by the manufacturer, or better; (4) Speedometer in good working order; (5) Leather, vinyl, or some similar nonabsorbent fabric upholstery which can be easil y cleaned and shall be free of tears and cuts; (6) Seatbelts for the driver and all passengers ; (7) An unexpired A, B, C type fire extinguisher (minimum size of two and one-half (2 .5) lbs .); Page 16 Page 52 of 68 Agenda Item #4.8. 19Jul2018 (8) Adequate heater and air conditioner; (9) All seats in a shuttle vehicle shall be fac tory installed on ly; (lO)Except for limousines, there shall be no shades , blinds or curtains between the rear seat or seats and the driver's seat, nor shall any shades , blinds or curtains shield the occupants or the For-hire Driver from observation or obstruct the view through the rear window. (b) All vehicles for hire shall be maintained in a clean, well-painted manner so as to provide a generally good appearance. It shall be unlawful to operate any motor vehicle as a vehicle for hire which does not comply with the provisions of this section . Sec. 21-81.-Meters required for taxicabs. (a) Every taxicab operating as a metered taxicab shall have affixed thereto, in operating condition, a taximeter. (b) The face of every taximeter shall be visible from the passenger compartment of every taxicab at all tim es and, after sund own , shall be illuminated by a suitab le light so arranged as to throw a cont inuous steady light thereon . (c) No taxicab shall be permitted to operate as both a metered and non-metered (zone rate) vehicle for hire. Each vehicle for hire shall be identified in a manner to designate its status as a metered or non-metered vehicle for hire . Sec. 21-82. -For-hire Drivers. Unless otherwise enumerated in this article, all For-hire Drivers, while operating in the City, will adhere to the requirements of Chapter 220, Pan 3 For-Hire Drivers of the City of Jacksonvi ll e 's Code of Ordinances. Sec. 21-83. -Engaging in criminal activity. Engaging in criminal activity while operating a vehicle for hire within the City may result, in addition to any charges under Florida State Statute, in civil fines as contained within section 21­ 85 below. These activities include, but are not limited to the followi ng : (a) Transporting passengers for the purpose of engaging in narcotic or prostitution activity; (b) Allowing narcotic or prostitution activity to occur inside the vehicle for hire. Sec. 21-84.-Rates and charges. (a) Schedule ofrates to be posted. There shall be posted in every vehicle for hire for which a local business tax receipt is issued under this article, and in full view of the passengers in plain conspicuous letters , a schedule of rates , charges and fares which shall be bindi ng upon the operator of the vehicle for hire and any collection of rates, fares or charges, in excess thereof shall constitute a misdemeanor. (b) Charging rates in excess ofposted rates . No For-hire Driver shall charge or demand from any customer any sum of money in excess of those rates or charges posted in such vehicle for hire. (c) When rates nor to be charged. No charge shall be made for time lost or distance traveled while a vehicle for hire is disabled . No charge shall be made for traveling emp ty while en route to pick up a passenger unless the person requesting the vehicle for hire refuses to hire it after it Page 17 Page 53 of 68 Agenda Item #4.8 . 19Jul2018 arrives, in which case a charge equal to the minimum rate under the schedule filed by the owner pursuant to this subpart for the distance traveled empty may be collected. Sec. 21-85.-Citations authorized; penal ties provided. Violations of this Article shall be punishable by fines as follows : (a) First offense : (The current offense is the first offense if there have been no other citations within the preceding twelve (12) months .) One hundred dollars ($100 .00); however, if not paid within fourteen (14) calendar days, the fine increases to one hundred and fifty dollars ($150 .00); if not then paid within fourteen (14) calendar days of the increase, then the right to operate within the City shall be suspended unt il the fine is paid or for thirty (30) days, whichever is later. (b) Second offense ; (The current offense is a second offense if there has been only one (I) previous citation within the preceding twelve (12) months.) Two hundred and fifty dollars ($250 .00); howeve r, if not paid within fourteen (14) calendar days, the fine increases to three hundred dollars ($300.00); ifnot then paid within fourteen ( 14) calendar days ofthe increase, then the right to operate within the City shall be suspended until the fine is paid or for thirty days, whichever is later. (c) Third and subsequent offenses : (The current offense is a third or subsequent offense if there have been two (2) or more previous citations within the preceding twelve (12) months .) Five hundred dollars ($500.00). If not paid within fourteen (14) calendar days, then the right to operate within the City shall be suspended until the fine is paid or thirty (30) days, whichever is later. Sec. 21-86.-Reserved. ARTICLE VI. -UNREG ISTERED AND IN O PERABLE VEHICLES Sec. 21 -87.-Intent. It is the intent of this Article to regulate unregistered or inoperable vehicles on private property, which have been found to be a public nuisance detrimental to the health, safety and welfare of the inhabitants of the city . Sec. 21-88.-Lim itations on unregistered an d inope rable ve hicles. No unregistered or inoperable motor vehicle shall be parked, stored or otherwise kept on any private property for a period longer than seventy-two (72) continuous hours as observed and documented on at least two separate days by an enforcement officer; except when one (I) or more of the following conditions apply : (a) The vehicle is within a fully enclosed building; or (b) The vehicle is on the premises ofa business where the location and use of the land has been approved by the City as appropriate and safe for such vehicles . Sec. 21 -89.-Enforcement. Page 18 Pa ge 54 of 6 8 Agenda Item #4.8. 19Jul2018 Whenever a violation of this Article has been detennined to exist, the following enforcement procedures shall apply: (a) A notice shall be posted upon the motor vehicle in violation . The notice shall not be less than eight (8) inches by ten (I 0) inches and shall be sufficiently weatherproofed to withstand nonnal exposure to the elements for ten (10) days . The notice shall contain the following : NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED MOTOR VEHICLE This motor vehicle, to wit: (setting forth brief description of the motor vehicle) located at (setting forth brief description of location) is in violation of (set forth ordinance or regulation violated) and must be removed from this location or brought into com pliance within ten (10) days from the date of this notice. You have the right to file a written request with the Atlantic Beach City Clerk, 800 Seminole Road , Atlantic Beach, FL 32233, within ten (I 0) days from the date of this notice, for a hearing before the Atlantic Beach Code Enforcement Board , at which you may present evidence to show that the subject motor vehicle is not in violation of (set forth ordinance or regulation violated). If you neither timely file a written request for a hearing nor remedy the identified violation(s) within ten (10) days from the date of this notice, the mo tor vehicle shall be removed by the City. The owner of the motor veh icle shall be liable for the costs of removal and storage. Dated this : (set forth date of posting of notice) Signed: (set forth name, title, address and telephone number of enforcement officer) (b) On the date the notice is posted on the subject motor vehicle, a certified letter providing notice of the violation, potential corrective actions , the right to a hearing before the Code Enforcement Board, and the procedure for requesting such a hearing, shall be sent to the real property owner of the property where the ¥j:hicle is located, whose name and address is known by reference to the latest ad vaTOrem tax records pub! ished by the county property appraiser. (c) A certified letter providing notice of the violation, potential corrective actions, the right to a heari ng before the Code Enforcement Board, and the procedure for requesting such a hearing, shall be sent to the owner of the subject motor vehicle, if known, on the date the notice is posted . (d) If, after ten (10) days from the date the notice is posted on the subject motor vehicle, the violation(s) have not been corrected and a hearing before the Code Enforcement Board has not been timely filed in writing with the City Clerk, the code enforcement officer shall have the motor vehicle removed from the property as set forth in Article 3 of this chapter and shall notify the Police Department immediately in a manner as prescribed by the Chief of Police ." Page 19 Page 55 of 68 Agenda Item #4.8. 19Jul2018 (e) The timely filing ofa written request for a hearing before the Code Enforcement Board shall operate to stay removal of the subject motor vehicle until such time as a hearing before the Code Enforcement Board is held . Page 20 Page 56 of 68 Agenda Item #4.8. 19Jul2018 AB Ord ina nces • Sec. 21-17.-Prohibited in specific areas. o person shall stop, stand or ar a vehjcle, 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 . 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; On any city right-of-way within seven (7) feet of a public driveway, or private driveway upon complaint; Within twenty (20) feet of an intersection; Within fifteen ( 15) feet of a fire hydrant; On a crosswalk; 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 arking could obstruct traffic , and any place where any official sign prohibits stopping or arking, and any Qarking place specifically designated and marked for the disabled unless the vehicle displays a arking permit as required by state law. A person who is chauffeuring a disabled person shall be a ll owed, without need for an identification Qarking permit, momentary parkin in the parking space for the purpose of load in or unloading a disabled person, and no penalty shall be imposed upon the driver for this monetary arking . A person convicted of vio lating these provisions regarding arkin spaces designated for disabled persons shall be punished by a fine of two hundred fifty dollars ($250.00). Parking shall be prohibited on the following streets and roadways at all times: East Coast Drive. Ocean Boulevard. Sherry Drive (South). Seminole Road . (5) Plaza Drive (except for the 300 Block). Royal Palms Drive Sailfish Drive . Levy Road . Dutton Island Road . Donner Road . Overnight arkin prohibited. No vehic le, boat or trailer, other than official vehicles as authorized by the city, shall be arked overnight in any public ark: or public open space, on any property occupied by a government use , or in any other location posted by the city to prohibit overnight arking . (Ord . No. 75-04-16, § 1, 9-13-04; Ord. No. 75-04-17, §I , 10-11-04) State Law reference--Similar provisions, F.S. § 316.1945 . 1 Page 57 of 68 Agenda Item #4.8. 19Jul2018 AB Ordinances • Sec. 21-19.-Compliance with sig ns prohibiting arking required. When a sign prohibiting parkin g is erected or a curb is officiall y marked to prohibit arking, no person s hall 2ark a veh icle in such a designated place. (Ord. No. 75-04-16, § I, 9-13-04) • Sec. 21-20.-arking limitation s. When a sign is erected in eac h block giving notice thereof, no person shall ar a a vehicle for longer than the respective times set forth in any schedu le ap pli cable thereto promulgated and adopted by the city man ager. (Ord. No. 75-04-16, § I , 9-1 3-04) • Sec . 21-21.-arking for certain purposes prohibited. No person shall stand or ar a ve hi cle upon any roadway or right-of-way for the principal purpose of: (a) Disp laying it for sale; or (b) Greasin g, changing the o il or other tluids, or repairi ng the vehicle, except repairs necessitated by an emergency. 2 Page 58 of 68 Agenda Item #4.8. 19Jul2018 AB Ord inances • Sec. 21-23.-ark in g in the right-of-way. , arking 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 arking. 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. arkin on the rights-of-way, as described in the two (2) paragraphs directly above, shall be prohibited on the following streets and roadways: (I) 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, §I, 9-13-04; Ord. No. 75-13-19, §I, 10-28-13) Editor's note-Section I 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. 3 Page 59 of 68 Agenda Item #4.8. 19Jul2018 AB O rd inances • Sec. 6-18.-Construction site management. (a) Issuance ofpermit. No building permit shall be issued unless a construction site management plan has been submitted and approved by the building official. Persons who intend to make any of the following improvements: lot c learing, grading, stockpiling of soil , demolition, building construction or reconstruction, building alteration or addition sha ll designate either a li censed contractor or owner-bui ld er for the purposes of the construction site management requirements. These requirements set minimum standards for the operation of the project site to eliminate or minimize impacts to the site and to the neighborhood to include containment of sediment, surface water discharge, erosion of soil, vehicle arkin g and loading area, traffic control, fencing, placement of materials, safety. neatness and clean lin ess. Construction site management plan. Contractor shall submit a construction site management plan with a building permit app li cation which includes the following submittal requirements unless waived by the building official: Location of proposed demolition. Grading and drainage surface water management plan for street and project site, chapter 24, article Ill, division 3 , section 24-67 including: Drainage plan during construction in compliance with subsection (d). Final grading and drainage plan upon completion of construction for street and project site in compliance with chapter 22, utilities and approval by public works. arking plan, including: Location of onsite and abutting street parking area. Offsite lli!rking plan in compliance with subsection (e)(4) and the following: A single access with dimensions; Buffering for adjacent waterways and streets, as approved by the building official ; A temporary fence lo cation, height and type of fence with screening. Fencing plan, s howing location, hei ght and type of fence with screenin g or evidence that proposed construction d oes not warrant a construction fence in compliance with subsection (g)(6) as determined by the building official. Location of construction trailer(s), loading/unloading area and material storage area. Location of chemical toilet(s). Location of dumpster. (8) Traffic control plan, showing access with dimensions, area to be stabilized, narrative on phasing of construction with provision of adequate parking and delivery of materials. (9) Other activities, whe re special conditions are identified by the building official. (c) 4 Page 60 of 68 Agenda Item #4.8. 19Jul2018 AB Ord in ances Approval/waivers. The building official shall review, approve or deny the construction site management plan . The building official is hereby authorized to grant waivers from submittal requirements and corresponding standards: (I) If the requirement is unrelated to proposed development; or (2) If the impact of the proposed development is negligible in the submittal requirement area. (d) Parkin g during development ofproject. (I) Parking on-site. Contractor shall provide for arkin on the project site and abutting right-of-wa)' to the greatest degree possible. Alternative parking sites may include adjacent vacant lot or offsite arking lots in the immediate area as approved in the site management plan. (2) Access. Use of the public right-of-way for access to and from the project site as shown on the construction site management plan shall be strictly managed by the contractor. Contractor shall maintain the public street adjacent to the project site free of dirt, sand or any other debris resu ltin g from construction activities. The public right-of-way adjacent to the project site shall be broom swept on a regular basis keeping it free of dirt, sand and other debris. Failure to remove said material on the day of occurrence is a violation. (3) Temporary graveled or stabilized area for construction access and arking. Contractor shall provide a graveled or stabilized area as shown in the construction site management plan. The stabilized area shall be located at points where vehicles enter and exit the construction site and the parking location. When a right­ of-way area is used for parking, the contractor shall provide a grave led or stabilized area on the right-of­ way. Upon completion of the project, the contractor shall restore the ri g ht-of-way to its original condition or better. The purpose of the graveled or stabilized area at the entrance to the project site is to eliminate and reduce tracking or flow of sand, mud, concrete wash or other related material onto the right-of-way. (4) Offsite arking. If the construction site management plan illustrates proposed parkin . in the right-of-way, the application shall be accompanied by a city right-of-way permit. The building official may temporarily permit offsite parking on vacant lots other than the project site with the written permission of the owner of the lot where the vehicles are to be parked and in compliance with the following standards: a. Compliance with the construction site management plan. b. The lot shall be used for parking only. c. There shall be no storage of materials, trailers or construction equipment. d. There shall be no loading and unloading of materi als or machinery. e. 5 Page 61 of 68 Agenda Item #4.8. 19Jul2018 AB Ordinances arking within the right-of-way abutting the off-site arkin lot may be approved by the building official. Sufficient ingress and egress to the vacant lot must be maintained. f. A temporary six-foot fence with fabric or screen or other materials as approved by the building official shall be located at the front, side, and rear lot line of the temporary arking area except where a lot line is located on the water. Where a lot line is along the water, the fence shall be placed no closer to the water than the yard setback line and shall not exceed three (3) feet in height. The fence gate shall remain locked during non-working hours. The fencing shall remain on-site until the off-site arking is no longer needed to complete the project site and shall be removed prior to issuance of a certificate of occupancy for the project site. g. The offsite ark in shall occur no earlier than 7 :00 a .m. and no later than 6:30 p.m. Loitering is prohibited. h. The offsite ark in lot shall be restored to its original condition prior to issuance of a certificate of occupancy for the project site and shall include proper grading, rep lacement of trees, planting of grass and other landscape material as approved by the property owner. Right of Way/ Easement Permit? -See Sample 6 Page 62 of 68 Agenda Item #4.8. 19Jul2018 AB Ord in ances DEFfNITIONS Public rights-of-way shall mean a dedicated public right-of-way, highway, roadway, street, bridge, tunnel , or alley for which the city has authority, jurisdiction, control , and may lawfully grant access pursuant to applicable law and includes the surface, the air space above the surface, and the area below the surface. Public rights-of-way shall not include private property. Public rights-of-way shall not include any real or personal property of the city, except as described herein and shall not include the city's arks or other non-rights-of-way open spaces, buildings, ftxtures, poles, conduits, facilities, structures, appurtenances, or improvements regardless of whether they are situated within or without the public rights-of-way. Public rights-of-way shall not include existing and future private easements, private rights-of-way , leases, contracts, or agreements between the city and any other party or entity. Right-of-way shall mean the area of a highway, road, street, way, parkwa:r sidewalk, or other such strip of land reserved for a public use , whether established by prescription, easement, dedication, gift, purchase, eminent domain or other lawful means. Street shall mean a public or private thoroughfare, which affords the principal means of access to abutting property. This includes lane, place, way, alley or other means of ingress or egress , regardless of the term used to describe it. Street classifications shall mean: Arterial highway system : The group of roads constituting the highest degree of mobility and largest proportion of total travel. Collector road system : The group of roads providing a mix of mobility and land access functions , typically within a given county or urban area, linking major land uses to each other or to the arterial highway system. The collector road system is composed of rural major collector roads, rural minor collector roads, and urban collectors (differentiation between major and minor classes is not made in urban areas). Local street system: The group of roads having land access as their primary purpose, typically within a portion of a county or urban area. Although providing the largest proportion of road miles, this system contributes little to total highway travel due to short trip lengths and low volumes . Street, private shall mean a street that is private ly owned and maintained, and where a properly recorded private casemen has been approved by the appropriate city agency. Street , public shall mean a street legally dedicated to public use and officially accepted by the city. Street right-of-way line shall mean the dividing line between a lot or parcel of land and the contiguous street. 7 Page 63 of 68 Agenda Item #4.8. 19Jul2018 AB Ordinances 8 Page 64 of 68 • Sec. H.-Manner of parking. Agenda Item #4.B. 19Jul2018 (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. H 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 merchandi se 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 di scharge 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. • Sec . ~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. 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; On any city right-of-way within seven (7) feet of a public driveway, or private driveway upon complaint; Within twenty (20) feet of an intersection; Within fifteen (15) feet of a fire hydrant; On a crosswalk; 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) Page 65 of 68 Agenda Item #4.8. 19Jul2018 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 th is monetary parking. (2) A person convicted of violating these provisions regarding parking spaces designated for disabled persons shall be punished by a fme 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 parldng 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. • Sec. U.-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: (I) East Coast Drive. (2) Ocean Boulevard. Page 66 of 68 Sherry Drive (South). Seminole Road. Plaza Drive (except for the 300 Block). Royal Palms Drive. Sailfish Drive. Levy Road . Dutton Island Road. · Donner Road . Agenda Item #4.8. 19Jul2018 (3) (4) (5) (6) (7) (8) (9) (10) Page 67 of 68 Agenda Item #4.8. 19Jul2018 I Page 7: [1] Deleted Reeves, Derek l/11/18 1:54AM I I Daytime Nighttime (a) Class A wrecker Passenger cars and light vans $73 .00 $94.00 Trucks (half-ton to two tons $73.00 $94.00 I Campers, trailers and mobile homes I $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 tons to 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. I Page 7: [2] Deleted Reeves, Derek 1/11/18 1:54AM I Daytime Nighttime (d) Overturned motor 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 motor vehicles and trailers by wrecker service operators shall be as follows: Storage, outside per day; $17.00. Storage, inside per day; $21.00. Page 68 of 68