2024-O-24 - Chapter 7ORDINANCE NO.2024-0-24
AN ORDINANCE AMENDING CHAPTER 7 (TRAFFIC) 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 Police Department has determined the need to amend the parking ordinance to
limit on street parking.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. AMEND CHAPTER 7 (TRAFFIC) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA
Chapter 7 (TRAFFIC) is amended pursuant to Exhibit "A", which is attached- and
incorporated herein.
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are hereby superseded by this ordinance to the extent of such conflict.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.
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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 re -lettered to
accomplish such intention; provided, however, that Parts B through E shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
PASSED AND DULY ADOPTED this day of 20
-4��- /
Diezel DePew, Milyor
ATTES'Ff
_J
o Bormie Zlott�c, City Clerk
',PUsaoe first reading on they day of AVL 2024
REVIEWED AND APPROVED L b
Aaron R. Wo fe,inAttorney
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EXHIBIT "A"
Chapter 17 TRAFFIC
ARTICLE L IN GENERAL
Sec.17-01. State uniform traffic -control law adopted.
F.S. Ch. 316, State Uniform Traffic -Control Law, is hereby adopted, in its entirety, as if fully
set forth herein, as part of the Code of Ordinances of the city.
Sec. 17-1. Traffic engineer designated.
The chief of police is appointed as traffic engineer and he is hereby authorized to perform all
duties and shall have all powers appropriate to such office.
Sec. 17-2. Speed limits —Generally.
The maximum speed of motor vehicles allowable on all streets within the city, with the
exception of U.S. Highway No. 1 and Riverside Drive, shall be 25 miles per hour, unless otherwise
posted.
Sec.17-3. Same —On Riverside Drive.
The maximum speed of motor vehicles allowable on Riverside Drive shall be 30 miles per
hour, unless otherwise posted; provided however, that the maximum allowable speed on Riverside
Drive between Lamont Avenue and Pine Bluff Street shall be 20 miles per hour unless otherwise
posted.
ARTICLE II. TRUCKROUTES
Sec. 174. Short title.
This article may be cited at the Edgewater Truck Route Ordinance.
Sec. 17-5. Definitions.
For the purposes of this article the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular number, and words in the
singular number include the plural number. The word "shall" is always mandatory and not merely
directory.
City is the City of Edgewater, Florida.
Deviating truck is a truck which leaves and departs from a truck route while traveling inside
the city.
Person is any person, firm, partnership, association, corporation, company or organization of
any kind.
Truck is any vehicle or combination of vehicles designed and operated for the transportation
of goods, products, waste matter or other property of any type; including trailers and truck tractors
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but not including pickup trucks, station wagons or similar light vehicles designed for carrying
small loads of property or passengers interchangeably. Such light vehicles shall be subject to the
regulations of this article if they have been altered or modified as to materially increase their cargo
capacity, in which case said vehicles shall be classified as trucks for purposes of this article.
Truck route is a way over certain streets, as designated herein, over and along which trucks
coming into and going out of the city must operate.
Sec.17-6. Application of regulation.
All trucks within the city shall be operated only over and along designated streets established
as the truck routes.
Exceptions. This article shall not prohibit:
(a) Operation on street of destination. The operation of trucks upon any street where
necessary to the conduct of business at a destination point, provided streets upon
which such traffic is permitted are used until reaching the intersection nearest the
destination point.
(b) Emergency vehicles. The operation of emergency vehicles upon any street in the city.
(c) Public utilities. The operation of trucks owned or operated by the state, county, city,
public utilities, any contractor or material person, while engaged in providing a
public service, the repair, maintenance or construction of streets, street
improvements, or street utilities within the city, or other public business.
(d) Detoured trucks. The operation of trucks upon any officially established detour in
any case where such truck could lawfully be operated upon the street for which such
detour is established.
(e) Public transportation. Which will include school buses, Volusia Transit System
("Votran"), church buses, and medical transport.
(i) Exceptions by the police chief. The police chief is authorized to permit the movement
of vehicles having a greater width or having a load of greater length than specified
in this article upon application to his office for special permission.
Sec. 17-7. Designated streets for truck use.
The following streets, and no others shall be used for truck traffic:
Interstate 95;
U.S. Highway 1;
West Park Avenue;
Indian River Boulevard (S.R. 442)—West of U.S. Highway 1;
Old Mission Road;
Mango Tree Drive south —Between West Park Avenue and 16'hStreet;
16t' Street east/west—Hibiscus Drive to Mango Tree Drive;
Hibiscus Drive between 16t' Street south and Roberts Road;
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26th Street east/west—Between Hibiscus Drive and Silver Palm Drive;
Guava Drive south —Between Indian River Boulevard (S.R. 442) and 28th Street;
Fern Palm Drive north —Indian River Boulevard (S.R. 442) to 16" Street;
16th Street: To Industrial Avenue;
Industrial Avenue —To Marion Avenue;
Marion Avenue —To U.S. Highway 1;
Roberts Road;
30th Street;
Old County Road south —Between West Park Avenue and Ocean Avenue;
Silver Palm Drive north —Between 301h Street and 22°d Street;
Air Park Road north —Between 22"d Street and West Park Avenue;
Flagler Avenue —North of Park Avenue;
Parktowne Boulevard;
Timaquan Trail;
Megan Z Avenue;
Pullman Road;
Base Leg Drive;
Dale Street;
It shall be unlawful for a truck to deviate from said designated streets except as provided herein.
Sec.17-8. Truck traffic in the city.
(a) Outside origin.
(1) One inside destination point. All trucks entering the city for a destination point in the
city shall proceed only over an established truck route and shall deviate only at the
intersection with the deviating street, upon which such traffic is permitted, nearest to
the destination point, a deviating truck shall return to the truck route by the shortest
permissible route.
(2) Multiple inside destination points. All trucks entering the city for multiple destination
points shall proceed only over established truck routes and shall deviate only at the
intersection with the deviating street, upon which such traffic is permitted, nearest to
the first destination point. Upon leaving the first destination point a deviating truck
shall proceed to other destination points by the shortest direction and only over streets
upon which such traffic is permitted. Upon leaving the last destination point a
deviating truck shall return to the truck route by the shortest permissible route.
(b) Inside origin.
(1) Outside destination point. All trucks, on a trip originating in the city, and traveling
in the city for a destination point outside the city shall proceed by the shortest
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direction over streets on which such traffic is permitted to a truck route as herein
established.
(2) Inside destination points. All trucks, on a trip originating in the city, and traveling in
the city for destination points in the city shall proceed only over streets upon which
such traffic is permitted.
Sec. 17-9. Speed limits.
The speed limit along streets designated as a truck route which are under the jurisdiction of
the city shall be 30 miles per hour, unless otherwise posted; provided however, that this shall not
apply to U.S. Highway 1.
Sec.17-10. Enforcement.
(a) Clerk maintains maps. The city clerk shall keep and maintain accurate maps setting out truck
routes and streets upon which truck traffic is permitted; the maps shall be kept on file in the
office of the city clerk and shall be available to the public.
(b) Chief of police. The chief of police shall coordinate with the appropriate city staff to assure
that all truck routes and those streets upon which truck traffic is permitted to be clearly sign -
posted to give notice that this article is in effect.
(c) Weigh-in. The chief of police or his designee shall have the authority to require any person
driving or in control of any commercial vehicle not proceeding over a truck route or street
over which truck traffic is permitted to proceed to any public or private scale available for the
purpose of weighing and determining whether this article has been complied with.
Sec. 17-11. Penalties.
Any person, firm or corporation violating any provisions of this article shall be deemed guilty
of a misdemeanor in the second degree and upon conviction thereof shall be punished as provided
in section 1-8 of this Code. Each day that an offense is committed or permitted to continue shall
constitute a separate offense and shall be punishable hereunder.
Secs.17-12-17-19. Reserved.
ARTICLE III. RESERVED
Secs. 17-20-17-27. Reserved.
ARTICLE IV TOWING OR IMPOUNDING OF VEHICLES
Sec. 17-28. Towing or impounding of vehicles.
(1) Police officers or code enforcement officers may authorize to have a vehicle removed from a
street or highway, right-of-way, sidewalk, alleyway, parking lot, any public property or
private property to a public or private garage so designated by the City of Edgewater, or other
place of safety, under the circumstances hereinafter enumerated:
(a) When any vehicle is left unattended upon any bridge, causeway, viaduct, or where
such vehicle constitutes an obstruction to the regular flow of traffic.
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(b) When a vehicle upon a street or right-of-way is so disabled as to constitute an
obstruction to traffic, or the person(s) in charge of the vehicle are by reason of
physical injury incapacitated to such an extent as to be unable to provide for its
custody and removal.
(c) When a vehicle is being driven upon the streets and is not in proper condition to be
driven, as defined in F.S. § 316.215.
(d) When any vehicle is left unattended upon a street, right-of-way alleyway or public
property and is so parked illegally as to constitute a definite hazard or obstruction to
the normal movement of traffic.
(e) When any vehicle has been parked or stored upon a street or public right-of-way for
a period exceeding 48 hours subsequent to placing notice of on the vehicle.
(f) When the driver of such vehicle is taken into custody by the police and such vehicle
would thereby be left unattended upon a street or public right-of-way; provided,
however, that the police department may, in its discretion, allow the vehicle to remain
in place, if lawful. Neither the city nor the individual officer shall be held liable for
any damage whatsoever to a vehicle when owner of said vehicle or the driver has
elected to allow the vehicle to remain in place.
(g) When removal is necessary in the interest of public safety due to fire, flood, storm or
other emergency reason, or for the protection of property loss to the vehicle owner.
(h) The vehicle is in danger due to rising water, vandalism, or theft.
(i) A police officer has probable cause to suspect the vehicle is being or has been used
in the commission of a crime and is needed for evidentiary purposes or seizure under
the Florida Contraband Forfeiture Act as outlined in F.S. § 932.701.
(j) When removal is necessary due to the vehicle being parked illegally in an area which
official traffic control signs designate a tow -away zone.
(k) When at any given time a parked, unattended, abandoned, disabled or inoperable
vehicle is parked in a right-of-way for a period of 48 hours subsequent to placing a
notice on the vehicle. A vehicle shall be deemed inoperable if it cannot be
immediately started and legally driven and shall include abandoned and/or wrecked
vehicles or vehicles that do not display a valid tag.
(1) When a vehicle is parked, stopped, or standing in violation of any city ordinance or
the state traffic control law.
(m) When a vehicle is parked for the principal purpose and intent of displaying the motor
vehicle thereon for sale, hire or rental pursuant to F.S. § 316.1951.
(2) The provisions of this section shall be in addition to and shall not limit the powers of law
enforcement officers to authorize the removal of vehicles under state law.
(3) Nothing herein shall preclude a police officer or code enforcement officer from taking other
enforcement action, not limited to, issuing of a civil citation pursuant to section 17-45.
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Sec. 17-29.Owner of vehicle presumed to be violator.
In the case where a competent operator is present as [specified in] (b), (c), and (f) above, the
department shall, prior to towing or impounding a vehicle, afford the owner or driver at his or her
option a reasonable opportunity in which to provide for the removal of the vehicle within a
reasonable length of time. In lieu of impounding the vehicle, in cases where neither the driver nor
the owner elects to provide for the removal of the vehicle, or in cases where neither the driver nor
the owner can provide for the removal of the vehicle within a reasonable length of time, the owner
or the driver may elect in writing to allow the vehicle to remain in place, if lawful. Neither the city
nor its employees or agents shall be held liable for any damage to such vehicle. Prior to the
impounding of such vehicle pursuant to this subsection, the police officer shall inform the owner
or the driver of said vehicle of the various alternatives to impounding, and the officer, upon request,
shall provide the owner or the driver with the requisite form upon which he or she may elect to
allow the vehicle to remain in place. For purposes of this subsection, the driver of the vehicle shall
be conclusively presumed to be the authorized agent of the owner.
Sec.17-30. Investigation.
No vehicle impounded to a garage or compound as herein provided shall be released
therefrom until the information necessary to complete any traffic citations and investigations has
been provided to the police department and the towing, impoundment and storage charges have
been paid by the owner and/or driver.
Sec. 17-31. Fees.
Charges for towing, removal, impoundment and storage shall be established by resolution or
pursuant to an agreement for services relating to towing/impounding of vehicles of the city council
and shall be posted for public inspection in the designated towing service office and the police
department.
Sec. 17-32. Cancellation.
In the event a vehicle owner or operator returns to the vehicle after the police officer or code
enforcement officer has summoned a wrecker service, the officer will so advise the wrecker
service, who will cancel the response to that call. In the event that the wrecker service has arrived
at the scene as the owner or operator returns to the vehicle, the wrecker service will retain the
option to collect a service charge at that time as outlined in F.S. § 715.07.
Sec.17-33. Form.
When vehicles are towed by a police officer or code enforcement officer's request, the officer
will complete a towing form which reflects circumstances, general physical description of the car,
and inventory of readily observable accessories and property in plain view in or on the vehicle.
Items of value will either be secured in the vehicle, its trunk, or removed to the police department
evidence section. The city assumes no liability for the safeguarding personal property, including
the vehicle.
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Sec. 17-34. Notification.
In the case of all vehicles towed and unclaimed after 72 hours, the police department or the
contracted wrecker company/service will attempt to determine the legal owner of the vehicle and
advise such owner of the location of the vehicle and actions necessary to effect release.
ARTICLE V. NONMOVING VIOLATIONS; PARKING
Sec. 17-34.1. State law adopted as municipal regulations.
The following state laws, as amended from time to time, are hereby adopted as city municipal
regulations. City may enforce the following state statutes within the city.
Sec. 17-35. Stopping, standing or parking outside of municipalities.
Pursuant to the requirements contained in F.S. § 316.194, as amended from time to time.
Sec.17-36. Parking on highway.
Pursuant to the requirements contained in F.S. § 316.194(1), as amended from time to time.
Sec. 17-37. Stopping, standing, or parking prohibited in specified places.
Pursuant to the requirements contained in F.S. § 316.1945, as amended from time to time.
Sec. 17-38. Double parking.
Pursuant to the requirements contained in F.S. § 316.1945(1), as amended from time to time.
Sec. 17-39. Parking within an intersection.
Pursuant to the requirements contained in F.S. § 316.1945(3), as amended from time to time.
Sec.17-40. Parking where official traffic control device prohibits.
Pursuant to the requirements contained in F.S. § 316.1945(10), as amended from time to time.
Sec. 1741. Additional parking regulations; improper parking one/two way road/angle.
Pursuant to the requirements contained in F.S. § 316.195, as amended from time to time.
Sec.17-42. Handicap parking.
Pursuant to the requirements contained in F.S. §§ 316.1955, 316.1957, 316.1958 and
316.1959, as amended from time to time.
Sec. 17-43. Parking near rural mailbox during certain hours; penalties.
Pursuant to the requirements contained in F.S. § 316.1965, as amended from time to time.
See.17-44. Following fire apparatus prohibited; parking in fire lane.
Pursuant to the requirements contained in F.S. § 316.2025, as amended from time to time.
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Sec. 17-45. Obstruction of traffic by parking and hindering vehicle of another being parked.
a No person shall park any vehicle upon a street, except as necessary for delivery vehicles,
in such a manner or under such conditions as to leave available less than eight feet of the
width for each direction of travel of the travel lane for free movement of vehicular traffic.
To determine if a person has violated this section, the distance shall be measured from the
outside edge of the vehicle violating this section to the crown of the road.
b) When the driver of a vehicle has lawfully stopped with the obvious intent of backing or
proceeding into a legally designated parking space, it shall be unlawful for any other person
to stop a vehicle so as to obstruct or prevent the driver from completing movement into the
parking space. This will constitute an obstruction of a public street.
Sec. 17-46. Enforcement.
A violation of this chapter, except as otherwise provided, constitutes a civil infraction
punishable by a civil penalty not to exceed $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.
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