Ordinance No. 75-18-20ORDINANCE NO. 75-18-20
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY OF
DUVAL, STATE OF FLORIDA, REPEALING CHAPTER 21, TRAFFIC
AND MOTOR VEHICLES, OF THE CODE OF ORDINANCES AS
AMENDED THROUGH ORDINANCE NUMBER 75-13-19 AND
REPLACING IT WITH EXHIBIT A AND CONTAINING SIX ARTICLES:
ARTICLE I - IN GENERAL, ARTICLE H - STOPPING, STANDING AND
PARKING ON PUBLIC PROPERTY, ARTICLE III - WRECKER
SERVICE, ARTICLE IV - MOTOR VEHICLE TITLE LOANS, ARTICLE
V - VEHICLES FOR HIRE, AND ARTICLE VI - UNREGISTERED AND
INOPERABLE VEHICLES; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that
municipalities shall have governmental, corporate- and proprietary 'powers to enable
municipalities to conduct municipal government, perform municipal fimctions and render
municipal services; and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, the City Commission desires to develop and maintain a Code of Ordinances
that is free of conflict and easily read and administered; and
WHEREAS, the City Commission desires to create regulations as part of the Chapter 21
of the Code of Ordinances prohibiting unregistered and inoperable vehicles on specified
properties within the City; and
WHEREAS, the City has identified multiple issues within Chapter 21 of the Code of
Ordinances warranting significant revisions to the Chapter, including scattered and conflicting
definitions, improper use of teams, and poor organization; and
WHEREAS, the City Commission considered this Ordinance after proper public notice
and comments from staff and the public.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter Repealed. Chapter 21, Traffic and Motor Vehicles, of the Code of
Ordinances through Ordinance Number 75-13-19, as may have been amended from time to time,
is hereby repealed in its entirety.
SECTION 2. Cha ter Replaced. Chapter 21, Traffic and Motor Vehicles, of the Code of
Ordinances is hereby replaced with Exhibit A.
SECTION 3. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this
ordinance are repealed to the extent inconsistent herewith.
SECTION 4. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be
deemed severable and removed from the remaining provisions of this Ordinance which shall
remain in full force and intact.
SECTION 5. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 10'h day of December, 2018.
_ PASSED by the City Commission on second and final reading this I Li"-" day of
Cl ►ti�C��-� , 2019.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest*
Donna L. Bartle, City Clerk
Approved as to form and correctness:
v
Brenna)4. Durden, City Attorney
Exhibit A
Chapter 21 - TRAFFIC AND MOTOR VEHICLESW
ARTICLE I. - IN GENERAL U2
Sec. 21-1. - Adoption of Florida Uniform Traffic Control Law, and the Manual on Uniform
Traffic Control Devices.
The following are adopted in full by reference as pant 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 -hive Driver includes every individual operating a vehicle for lure either as owner,
agent, employee, or otherwise.
(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 and registered attachments such as
trailers designed primarily for transportation of persons or goods along a public roadway.
(f) Paved sidewalk shall mean pathways with 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, special- district or any subdivision thereof.
(h) Right-oflimy shall mean land which a public entity owns in fee simple or holds an easement
over, which all or a portion of is used for vehicular travel.
(i) Roadway shall mean that portion of a right-of-way improved, designed, or ordinarily used
for vehicular travel and vehicular parking; exclusive of the berm or shoulder.
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(j) Secondhand dealer has the same meaning as used in F.S. §538.03(1)(a), as it may be
amended.
(lc) Taximeter shall mean a mechanical or electronic device, including mobile phone
applications, which calculates and displays a predetermined rate and indicates the charge
for hire of a vehicle and which also records and indicates a fare, rate or charge based on
waiting time, extra passengers, initial charge and other fares, rates or charges as applicable.
(1) 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.
(in) 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 typically referred to as a trailer.
(n) 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.
(o) Unregistered Motor Vehicle shall mean a motor vehicle which does not have a valid and
current motor vehicle license tag affixed thereto.
(p) Vehicle, for hire shall mean any motor vehicle operated over and upon roadways within the
City for the transportation of person(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 right-of-way or 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.
Secs. 21-4-21-15. - Reserved.
ARTICLE H. - STOPPING, STANDING AND PARKING ON PUBLIC PROPERTYll
DIVISION 1. - GENERALLY
Sec. 21-16. - Manner of stopping, standing or parking.
(a) Any motor vehicle, 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, 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 raised concrete curb except where an official traffic control device requires
otherwise.
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(c) Motor vehicles, equipment, or objects of any kind shall not be stopped, standing or parked
on a right-of-way 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.
Except when 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 any pant thereof:
(a) On a paved sidewalk;
(b) 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:
(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) On the unpaved portions of the following rights-of-way, except between the hours of six
(6) PM and eight (8) AM or as approved under Section 6-18 of this Code of Ordinances:
(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.
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(9) Dutton Island Road.
(10)Donner Road.
Sec. 21-18. - Obstructing traffic.
No person shall stop, stand or park a motor vehicle on a right-of-way in a manner that leaves
less than ten (10) feet of roadway width available for the free movement of vehicular traffic, except
a driver may stop for a period of time not to exceed five (5) minutes 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 in such a designated place.
Sec. 21-20. - Parking limitations.
(a) When a sign is erected in each block giving notice of time limits, no person shall park a
motor vehicle for longer than the respective times set forth in any schedule applicable
thereto promulgated and adopted by the City Manager.
(b) No motor vehicle, other than official motor vehicles as authorized by the City Manager,
shall be parked overnight in any public property, 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 right-of-way, except for the purpose of loading or
unloading, for more than four (4) hours, except when authorized by the City Manager or
their designee provided that the vehicle does not obstruct traffic as described in Section
21-18,
Sec. 21-21. - Parking for certain purposes prohibited.
of:
No person shall stand or park a motor vehicle upon any right-of-way for the principal purpose
(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.
Secs. 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 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 police 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
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motor vehicles on all public rights-of-way and public property 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 of each 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 of the Police Department.
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
City the applicable tine as established by section 21-38; and
(f) 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) Illegal 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. The voluntary payment
of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense
charged and waiver of the right to a trial for purposes of this Chapter.
(b) There is imposed on each person charged with violation of a parking ordinance who fails to
pay the parking fine within thirty (30) days an additional cost of fifty dollars ($50.00).
(c) The Director of Public Safety or their designee 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.
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(d) Multiple unpaid violations. If a motor vehicle has three (3) or more unpaid parking tickets,
and the time limitations for the payment of the tickets has expired, then the motor vehicle may
be disabled or towed pursuant to the conditions set forth within this Chapter.
See. 21-40. - Disposition of money collected as fines.
All fines and costs collected in accordance with the terms of this Division shall be paid
forthwith to the City in a manner as prescribed by the City Manager.
Sec. 21-41. - Presumption of motor vehicle ownership.
For purposes of violation of a parking ordinance of the City, the specification of a motor
vehicle license tag number on a citation for such violation, by an officer charged with enforcement
thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name
the license tag is registered in the office of the appropriate agency of the state issuing the license
tag.
See. 21-42. - Removing and impounding.
Members of the Police Department are hereby authorized to remove and shall cause to be
removed any motor vehicle from any public rights-of-way or public property within the City to a
public garage or other place of safety under circumstances enumerated in this Article H and where
such violation creates a public safety concern:
(a) When a motor vehicle is left unattended:
(1) On a paved sidewalk;
(2) Within seven (7) feet of a public or private driveway upon complaint;
(3) Within fifteen (15) feet of a fire hydrant;
(4) Within an intersection;
(5) On a crosswalk; or
(6) Alongside or opposite any street excavation or obstruction when stopping, standing,
or parking would obstruct traffic.
(b) When any motor vehicle is left unattended at any place where official signs or markings
on the curb prohibit parking, stopping, or standing.
(c) When any motor vehicle 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 upon a right-of-way is so disabled as to constitute an obstruction
to traffic, or the person in charge of the motor vehicle is, by reason of physical injury or
condition, incapacitated to such an extent as to be unable to provide for its custody or
removal.
(e) When any motor vehicle is left unattended upon a right-of-way and is so parked illegally,
or the motor vehicle constitutes an obstruction to normal movement of traffic.
Secs. 21-43-21-49. - Reserved.
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ARTICLE II1. - WRECKER SERVICE, ll
Sec. 21-50. - Establishment of rotating wrecker call list.
The Director of Public Safety, 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.
The charges for towing and otherwise removing any damaged or disabled motor vehicle 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 from time to time.
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 fire
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 ($100,000.00) 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 removed under the provisions of this Article; or (2) the owner
of the garage or other place where a motor vehicle has been removed to and stored under provisions
of this Article, shall constitute a lien against the motor vehicle. The owner of the garage or other
place where the motor vehicle is stored is hereby authorized to hold the motor vehicle until the
towage and storage charges are paid by, or on behalf of, the owner of the motor vehicle. In no
event shall the City, or any officer, employee, or department thereof, be liable for such charges by
reason of their enforcement of this Section.
Secs. 21-56-21-60. - Reserved.
ARTICLE IV. - MOTOR VEHICLE TITLE LOANS
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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. 1, 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
requited, 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 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."
(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 smaller than three (3) feet by five (5) feet with the following
messages written in letters no less than four (4) inches high:
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"IF 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.
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 S) percent per
annum for the time the title loan agreement remains outstanding and unsatisfied beyond
three hundred sixty (3 60) 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 of the Board of Governors
of the Federal 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 -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 of title 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 fi•om 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.
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(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 of F.S. Ch. 679, Pt. V.
(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 fifty 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;
(1) 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 10
(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.
(4) The City may prescribe by rule the minitnum 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 this state for set -vice 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 loan lending license, an applicant shall:
(1) File with the City a bond in the amount of thirty-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 within 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 (10) years.
(i) The City shall determine the form of the title loan lending license.
(j) No part of this 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
which this article derives (December 14, 1998).
Page 11
(k) Licensees shall report changes in address, location or records, and any change of an executive
officer within thirty (30) days of the change.
(1) 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:
(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.
(10) 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 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
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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.
(19) Charging a prepayment penalty.
(20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of
a title loan agreement.
(2 1) 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 of a 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 of a 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:
(1) 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.
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(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.
(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 action, or refer a matter for criminal
prosecution.
Secs. 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 of this chapter all motor "vehicles for
hire" operating within the City shall be classified and defined as follows:
(a) Bars. 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 only 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 or from a private station or
garage, the destination and route of which is under the direction of the passenger or
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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) Vasa. 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
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 of person(s)
for compensation.
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 -hue Driver to subject the vehicle for hire to a complete and
thorough inspection as required by the City of Jacksonville. Written certification of such 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:
(1) 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.);
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(8) Adequate heater and air conditioner;
(9) All seats in a shuttle vehicle shall be factory installed only;
(10) 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 obstiuct 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 Article.
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 fines 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) Schedule of rates 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 excess thereof
shall constitute a misdemeanor.
(b) Charging rates in excess of posted 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) Whenn 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
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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 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 of issuance, the fine increases to one hundred
and fifty dollars ($150.00); if not paid within twenty-eight (28) calendar days of issuance,
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 of issuance, the fine
increases to three hundred dollars ($300.00); if not paid within twenty-eight (28) calendar
days of issuance, 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
of issuance, 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 are hereby declared to be a public nuisance detrimental to the health,
safety and welfare of the inhabitants of the City, unless the provisions of Section 21-88(a)
or (b) apply.
Sec. 21 - 88. - Limitations 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 of the land has
been approved by the City as appropriate and safe for such vehicles.
Sec. 21- 89. — Enforcement.
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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 (10) calendar 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 compliance 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 (10) days from the date of this notice, for a
hearing before the Atlantic Beach Code Enforcement Board, during
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) calendar 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) Within three (3) business days of 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 or Special Magistrate, as
applicable, 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 determined 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 or Special Magistrate, as
applicable, and the procedure for requesting such a hearing, shall be sent to the owner
of the subject motor vehicle, if known, within three (3) business days of the date the
notice is posted.
(d) If, after ten (10) calendar days from the date the notice is posted on the subject motor
vehicle, the violation(s) has not been corrected and a request for hearing before the
Code Enforcement Board or Special Magistrate, as applicable, has not been timely
filed in writing with the City Clerk, the code enforcement officer shall have the motor
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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 Director
of Public Safety.
(e) The timely filing of a written request for a hearing before the Code Enforcement Board
or Special Magistrate, as applicable shall operate to stay removal of the subject motor
vehicle until such time as a hearing before the Code Enforcement Board or Special
Magistrate, as applicable is held.
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