Loading...
Ordinance No. 75-20-24ORDINANCE NO. 75-20-24 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 21, TRAFFIC AND MOTOR VEHICLES, ARTICLE II, STOPPING, STANDING AND PARKING ON PUBLIC PROPERTY, SECTION 21-44, METERED PARKING CHARGES; PROVIDING FOR CONFLICT, FOR SEVERABILITY, AND FOR AN EFFECTIVE DATE. WHEREAS, in order to foster turnover of parking spaces and economic development in the Beaches Town Center area, the City Commission did adopt that certain Ordinance No. 75-19-21 on August 12, 2019, establishing provisions and procedures to authorize and regulate controlled and metered public parking within the boundaries of the City of Atlantic Beach; and WHEREAS, the City Commission did adopt Resolution 19-48 on September 23, 2019 approving an Interlocal Agreement with the City of Neptune Beach, setting forth provisions for a jointly operated paid parking program in the Beaches Town Center area; and WHEREAS, the City Commission further adopted Resolution 19-54 on September 23, 2019, setting forth the Program Details related to the North Beaches Pilot Parking Management Program for the Beaches Town Center area; and WHEREAS, Ordinance No. 75-19-21 amended Chapter 21, Traffic and Motor Vehicles, of the Code of Ordinances of the City of Atlantic Beach, including without limitation Section 21-44 of said Chapter 21, to establish certain metered parking charges; and WHEREAS, the Florida Department of Environmental Protection, on March 6, 2020, did advise the City Manager in writing that in accordance with Chapter 62B-36, Florida Administrative Code, the City could provide free parking to its residents at metered parking spaces included in the beach renourishment calculations and that such metered parking spaces would continue to qualify for such calculations, provided the spaces remained available for use by the general public; and WHEREAS, in order to encourage further usage and continued turnover of the metered parking spaces, to provide certain limited free parking in the metered parking spaces and to establish a "take out" only parking space, the City Commission now desires to amend the referenced parking charges set forth in Section 21-44 of Chapter 21 of the Code of Ordinances; and WHEREAS, the City Commission considered this Ordinance after proper public notice and comments from staff and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Regulation Amended. Section 21-44(d) of Chapter 21, Traffic and Motor Vehicles, of the Code of Ordinances of the City of Atlantic Beach, is hereby amended as follows: d) L1 The rates and charges for the use of the services and facilities of designated parking spaces located within metered parking zones in the Beaches Town Center area are fixed as follows: 01310711-1 a. Free for the first thirty (30) minutes for all persons., b. Free for up to three (3) hours for Atlantic Beach residents who have registered for paid parking with the Cityi and c. eOne dollar ($1.00) for each 30 minutes for all others persons, d. One parking space located along Ocean Avenue within the metered parking zone shall be designated by the City Manager for "take out" only, and shall be limited to fifteen (15) minute parking only and shall be free. 2) The City Manager may modify these rates, establish minimum and maximum daily and monthly rates and establish time zones as may be required to meet market demands. Such modifications to the rates are subject to review and approval by the City Commission. Persons who hold a valid disabled parking permit and display it properly in a vehicle may park in any designated parking space for up to four (4) consecutive hours at no cost. SECTION 2. 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 3. 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 4. Effective Date. This ordinance shall take effect upon final reading and approval. PASSED by the City Commission on first reading this 26th day of May, 2020. PASSED by the City Commission on second and final reading this 8th day of June, 2020. CITY OF ATLANTIC BEACH Attest: Donna L. Bartle, City Clerk Approved as to form and correctness: V M. Dura en ity Attorney Ellen Glasser, Mayor 01310711-1 Ordinance No. 75-20-24 Page 2 of 2