2002-O-20
'-" ORDINANCE NO. 2002-0-20 ...."
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; AMENDING CHAPTER 17
(TRAFFIC), BY ENACTING ARTICLE V (NON-MOVING
VIOLATIONS; PARKING); OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater currently utilizes Florida Statutes for various parking
violations; and
2. By enacting Article V (Non-Moving Violations; Parking) of Chapter 17 (Traffic) into
the Code of Ordinances, law enforcement officers will have an option to cite a violator by code or
statutory provision for any parking violation; and
3. The City feels it is in the best interest of the Citizens of the City of Edgewater to
amend Chapter 17 (Traffic) by enacting Article V (Non-Moving Violations; Parking) as more
particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
PART A.
AMEND CHAPTER 17 (TRAFFIC), BY ENACTING ARTICLE V
(NON-MOVING VIOLATIONS; PARKING) OF THE CODE OF
ORDINANCES, CITY OF EDGEW A TER, FLORIDA.
Chapter 17 is hereby amended to read as follows:
ARTICLE V. NON-MOVING VIOLATIONS: PARKING
State law adopted as municipal re~ulations. The following State Laws, as amended from time
to time, are hereby adopted as City of Edgewater municipal regulations. City of Edgewater may
enforce the following state statutes within the City of Edgewater:
Stltlck tluongh passages are deleted.
Underlined passages are added.
2002-0-20
1
Sec. 17-35. Stopping. sMding or parking outside ofmunicipaMies.
Pursuant to the requirements contained in Section 316.194. Florida Statutes as amended from
time to time.
Sec. 17-36. Parking on hiehway.
Pursuant to the requirements contained in Section 316.194( 1). Florida Statutes as amended
from time to time.
Sec. 17-37. Stoppine. standing. or parking prohibited in specified places.
Pursuant to the requirements contained in Section 316.1945. Florida Statutes as amended
from time to time.
Sec. 17-38. Double Parkin2.
Pursuant to the requirements contained in Section 316.1945(1 ). Florida Statutes as amended
from time to time.
Sec. 17-39. Parking within an Intersection.
Pursuant to the requirements contained in Section 316.1945(3). Florida Statutes as amended
from time to time.
Sec. 17-40. Parking where official traffic control device prohibits.
Pursuant to the requirements contained in Section 316.1945(1 0). Florida Statutes as amended
from time to time.
Sec. 17-41. Additional parking regulations: improper parking one/two way road/angle.
Pursuant to the requirements contained in Section 316.195. Florida Statutes as amended from
time to time.
Sec. 17-42. Handicap Parking.
Pursuant to the requirements contained in Sections 316.1955. 316.1957. 316.1958 and
316.1959. Florida Statutes as amended from time to time.
Sec. 17-43. Parking near rural mailbox during certain hours: penalties.
Pursuant to the requirements contained in Sections 316.1965. Florida Statutes as amended
from time to time.
StI tick tlllOugll passages are deleted.
Underlined passages are added.
2002-0-20
2
"-' ...",
Sec. 17-44. Followin~ fire apparatus prohibited: parkin~ in fire lane.
Pursuant to the requirements contained in Section 316.2025, Florida Statutes as amended
from time to time.
Sec. 17-45. Enforcement.
A violation of this chapter, except as otherwise provided, constitutes a civil infraction
punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation
of specific sections of this chapter shall be established by resolution of the city council. If a person
who has committed the violation does not contest the citation, a civil penalty of less than the
maximum allowed will be assessed. Any citation may be contested in county court.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
StJ uck tIll ongh passages are deleted.
Underlined passages are added.
2002-0-20
3
PART F.
AD()pTION.
....."
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote
on the first reading of this ordinance held on November 18,2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman LiChtlftd"Second by Councilwoman Rhodes
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
ABSENT
Councilman Myron F. Hammond
~
Councilwoman Harriet E. Rhodes
-2L-
Councilwoman Judy Lichter
x
Stlt.ck t111otl~h passages are deleted.
Underlined passages are added.
2002-0-20
4
O
PASSED AND DULY ADOPTED this 16 th day of December, 2002.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Stroek Mxengi passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By'
Donald A. Schmidt
Mayor
Ro mbmb L. Matusick l
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th
day of December , 2002 under
Agenda Item No. b=j
2002-0-20