86-O-14ORDINANCE NO. 86-0-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, A14ENDING CHAPTER 17, ARTICLE III,
OF THE CODE OF ORDINANCES OF THE CITY OF EDGE -
WATER, FLORIDA, BY CHANGING THE TITLE FROM HANDI-
CAPPED PARKING TO PARKING; BY RELOCATING AND RE-
NUMBERING SECTIONS 17.13 and 17.14 AND BY RESERVING
THEM; BY RESERVING SECTIONS 17.15 THROUGH 17.19;
BY CREATING A NEW SECTION 17.20 ENTITLED PARKING;
BY PROVIDING DEFINITIONS, REGULATIONS, PROHIBITED
PARKING OR STANDING OF MOTOR VEHICLES WITHIN
SPECIFIED LOCATIONS WITHIN THE CITY LIMITS AND
PUBLIC RIGHT-OF-WAYS; PROVIDING FOR THE ISSUANCE
OF PARKING TICKETS, PENALTIES AND ESTABLISHING
PROCEDURE FOR THE PAYMENTS OR HEARINGS THEREOF;
CONTAINING A REPEALER PROVISION; A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NO'4, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE. CITY
OF FDGEWATER, FLORIDA:
SECTION 1. Chapter 17, Article III, of the Code of
Ordinances of the City of Edgewater, Florida, be amended as
follows:*
ARTICLE III. HANBiEAPPEB PARKING
SECTION 2. Chapter 17, Article III, of the Code of
Ordinances of the City of Edgewater be amended by relocating
and renumbering Sections 17.13 and 17.14 and reserving Sections
17.13 and 17.14.
SECTION 3. The following Sections of the Code of Ordinances
of the City of Edgewater, Florida are hereby reserved: Sections
17.15, 17.16, 17.17, 17.18 and 17.19.
SECTION 4. Section 17.20 of the Code of Ordinances of the
City of Edgewater, Florida, is hereby created to read:
Sec. 17.20 Parking
(a) Title. This section may be cited as the "City of
Edgewater Parking Ordinance."
(b) Definitions. The following words and ohrases, when
used in this section, shall have the following meanings, except
where the context otherwise requires:
(1) Chief of Police: The Chief of Police of the City
of Edgewater, Florida, or his/her designee.
(2) City: The City of Edgewater, Florida.
* Deleted language has been lined-threngh and new language underscored.
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(3) City Administrator:. The City Administrator of the
City of Edgewater, or his/her designee.
(4) City Council: The City Council of the City of
Edgewater, Florida..
(5) Clerk: The Clerk of the Circuit and 'County
Courts of Volusia County, Florida.
(6) Crosswalk:
a. That part of a roadway at an intersection
included within the connections of the
lateral lines of the sidewalks on opposite
sides of the highway, measured from
the curbs or in the absence of curbs, from
the edges of the traversable roadway.
b. Any portion of a roadway, at an inter-
section or elsewhere, distinctly indicated
for pedestrian crossing, by lines or other
markings on the surface.
(7) Designated handicappedparking space:
A space on public property or private property,
devoted to public use, posted and maintained
with a permanent sign bearing the inter-
nationally accepted wheelchair symbol or the
caption "PARKING BY DISABLED PERMIT ONLY",
or both such symbol and caption.
(9) Director of Finance: The director of finance and
administration of the City of Edgewater, Florida,
or her designee.
(9) Fire Lane: Fire lane means a space on public property
or private property, devoted to public use, sufficient
in width and length to permit the parking of fire
trucks and other firefighting apparatus and located
nearest to, or at the best location to permit
firefighting operations nearest to a building or
structure.
(10) Handicapped person: Any person who has been issued
an exemption entitlement parking permit pursuant
to Section 320.0848, Florida Statutes, and who is:
a. Severely physicallydisabled and has permanent
mobility problems which substantially impair
his or her ability to ambulate; or
b. Certified as legally blind.
(11) Intersection:
a. The area embraced within the prolongation or
connection of the lateral curblines; or, if
none, then the lateral boundary lines of the
roadways of two (2) highways which join one
another at, or approximately at, right angles;
or the area within which vehicles traveling
upon different highways joining at any other
angle may come in conflict.
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Where a highway includes (2) roadways thirty
(30) feet or more apart, then every crossing
of each roadway of such divided highway by an
intersecting highway shall be regarded as a
separate intersection. In the event such
intersecting hiqhway also includes two (2)
roadways thirty (30) or more feet apart,
then every crossing of two (2) roadways of
such highways shall be regarded as a separate
intersection.
(12) Official traffic -control device: All signs, signals,
markings and devices placed or erected by authority of a
public body or official having jurisdiction for the
purpose of regulating, warning or guiding traffic.
(13) Official traffic -control signal: Any device,
whether manually, electrically or mechanically
operated, by which traffic is alternately
directed to stop and permitted to proceed.
(14) Officer(s): A duly sworn police official.
(15) Owner: The requisite owner of a vehicle, as
determined by the Division of Highway Safety
and Motor Vehicles (or corresponding agency)
of the several states.
(16) Park or parking: The standing of a vehicle,
whether occupied or not, otherwise than
temporarily for the purpose of, and while
actually engaged in, loading or unloading
merchandise or passengers as may be per-
mitted by law under this section.
(17) Parking Enforcement Official: An official of
the City of Edgewater charged by law with the
authority to issue non -criminal parking tickets
pursuant to this Ordinance.
(18) Parking. Ticket: The official form authorized_. and
used by the. Chief of Police or officers to notify
that the owner's vehicle is parked, stopped,
or standing in violation of the terms of this
section.
(19) Person: Any natural person, firm, partnership,
association or corporation.
(20) Private road or driveway: Any privately -owned
way or place for vehicular travel by the
owner of the property, and not open to travel
by the public.
(21) Public parking space: Any parking space which
the owner, lessee or person in control of such
property provides for use by members of the public,
other than employees of such owner, lessee or
person, including, but not limited to, parking
spaces at shopping centers, offices, motels, malls,
restaurants and marinas.
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(22) Railroad:. A carrier of persons and/or property
upon cars operated upon stationary rails.
(23) Roadway: That portion of a highway improved,
designed or ordinarily used for vehicular travel,
exclusive of berm or shoulder. In the event
a highway includes two (2) or more separate
roadways, the term "roadway" as used herein,
shall refer to any such roadway separately, but
not to all such roadways collectively.
(24) Sidewalk: That portion of a street between the
curbline or the lateral line of a roadway and the
adjacent property lines, intended for use by
pedestrians.
(25) Stand or standing: The halting of a vehicle, whether
occupied or not, otherwise than temporarily for the
purpose of,. and while actually engaged in, re-
ceiving or discharging passengers, as may be per-
mitted by law under this section.
(26) Stop or stopping: When prohibited, any halting,
even momentarily, of a vehicle, whether occupied
or not, except when necessary to avoid conflict
with other traffic or to comply with the directions
of an officer or traffic -control sign or signal.
(27) Street or highway; The entire width between the
boundary lines of every way or place of whatever
nature, when any part thereof is open to the use
of the public for purposes of vehicular traffic.
(28) Traffic: Pedestrians, ridden or herded animals,
vehicle(s) and other conveyances, either singly
or together, using any street or highway for
purposes of travel.
(29) Vehicle: Any device in, upon or by which any person
or property is or may be transported or drawn
upon a highway, except devices moved by human power
and railroads.
(c) Prohibited actions. Except when necessary to avoid
conflict with othertraffic or in compliance with law or with
the directions of the Chief of Police or officers or with an
official traffic -control device, no person within the City
shall:
(1) Stop, stand or park a vehicle:
a. Double park on the roadway side of any vehicle
stopped or parked at the edge or curb of a
street;
b. On a sidewalk;
c. Within an interesection;
d. On a crosswalk;
Page 4 of 11 pages Ord. 86-0-14
e. Alongside or opposite any street, excavation
or obstruction, when stopping, standing or
parking would obstruct traffic;
f. Upon any bridge or other elevated structure
upon a highway or within a highway tunnel;
q. On any railroad track;
h. At any place where an official traffic -control
device prohibits stopping.
(2) Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge merchandise, a
passenger or passengers:
a. In front of a public or private driveway;
b. Within .fifteen (15) feet of a fire hydrant;
c. Within twenty (20) feet of a crosswalk at an
intersection.
d. Within thirty (30) feet upon the approach to
any flashing signal, atop sign,_. or official
traffic -control signal located at the side of
a roadway.
e. Within twenty (20) feet of the driveway
entrance to any fire station and, on the
side of a street, opposite the entrance to
any fire station, within seventy-five (75)
feet of said entrances (when properly
signposted);
f. Within fifty (50) feet of the nearest rail
of a railroad crossing;,
g. At any place where an official traffic -control
device prohibits standing.
(3) Except as otherwise provided in this section, every
vehicle stopped or parked upon a two-way street or highway shall
be so stopped or parked with the right-hand wheels parallel to
and within twelve (12) inches of the right-hand curb or edge
of the street or highway;
(4) Except asotherwise provided in this section, every
vehicle stopped or parked upon a one-way street or highway shall
be so stopped or parked parallel to the curb or edge of the road-
way, in the directionof the authorized traffic movement, with
its right-hand wheels within twelve (12) inches of the right-hand
curb or edge of the roadway, or its left-hand wheels within
twelve (12) inches of the left-hand curb or edge of the roadway.
(d) Handicapped parking - All paved handicapped parkinq
spaces provided pursuant to Section 316.1955 or Section 316.1956,
Page 5 of 11 pages Ord. 86-0-14
Florida Statutes, shall bepainted light blue in color and all
handicapped parking spaces shall be posted with a permanent sign
of a color and design approved by the Department of Transpor-
tation, bearing the internationally accepted wheelchair symbol and
the caption "PARKING BY DISABLED PERMIT ONLY" "VIOLATORS TOWED
AWAY AT OWNERS EXPENSE." It shall be a violation of this section
for any person to stop, stand or park a vehicle within any
specially designated and marked space provided in accordance
with Section 316.1955 or Section 316.1956, Florida Statutes, unless
such vehicle displays a parking permit issued pursuant to
Section 320.0848, Florida Statutes, and such vehicle is trans-
porting a person eligible .for the parking permit. Whenever a law
enforcement officeror a parking enforcement official finds a
vehicle in violation of this section, that officer may in his
discretion:
(1) Have the vehicle in violation removed to any lawful
parking space or facility, or require the operator
or other person in charge of the vehicle immediately
to remove the unauthorized vehicle from the parking
space. Whenever any vehicle is removed by a law
enforcement officer, parking enforcement official, or
agency to storage lot, garage or other safe parking
place, the cost of such removal and parking shall
be a lien against the vehicle.
(2) Charge the operator or other person in charge of the
vehicle in violation with a non -criminal traffic
infraction. However, any person who is chauffeuring
a disabled person shall be allowed, without need
for an identification parking permit, momentary
parking in any such parking space, for the purpose
of loading or unloading such disabled person. No
penalty shall be imposed upon the driver for such
momentary parking.
(e) Parking within fire lane. It shall be unlawful for any
person to park any motor vehicleincluding automobiles, trucks,
motorcycles, motorbikes:, or any other vehicles, on, or to
obstruct in any way, method or manner by whatever means on
private or public property which has been designated as a fire
lane. Fire lanes shall be posted with a permanent sign of color
and design approved by the Department of Transportation with
the following caption: "FIRE LANE -NO PARKING OR OBSTRUCTING -
TOW -AWAY AT OWNERS EXPENSE." Whenever a law enforcement
officer or a parkin genforcement official finds a vehicle in
Page 6 of 11 pages Ord.86-0-14
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violation of this section, that officer may in his discretion:
(1) Have the vehicle in violation removed to any lawful
parking space or facility or require the operator
or other person in charge of the vehicle immediately
to remove the unauthorized vehicle from the parking
space. Whenever any vehicle is removed by a law
enforcement officer, parking enforcement official or
agency to a storage lot, garage or other safe
parking space, the cost of such removal and
parking shall be a lien against the vehicle.
(2) Charge the operator or other person in charge of
the vehicle in violation with a non -criminal
traffic infraction.
(f) Issuance of parking tickets; processing of ticket forms.:
(1) An officer who discovers a vehicle parked in violation
of this section may issue a parking ticket, in a form approved
for use, and shall attach subh ticket to the vehicle in a
conspicuous place. Such parking ticket shall include the
following:
a. The type of violation and the amount of civil
penalty imposed by this section.
b. The procedures to be followed in either paying said
civil penalty or electing not to pay such civil
penalty and requesting a hearing before a county
judge concerning the parking violation.
C. The penalty for failure to comply with directions
contained on the citation.
d. A sequential numbering system to insure accountability
for all tickets.
(2) The officer shall determine the owner of a vehicle
for which the parking ticket has been issued and shall comnlete
the parking ticket form. The completed,original copy of the
parking ticket form shall be forwarded through the office of
the Chief of Police to the Director of Finance for processing.
(g) Civil penalties for violations.; liability.
(1) a. Any person, who stops, parks, or stands a
vehicle in violation of the terms of sub-
sections (c) and (e) of this section shall
be deemed to be charged with a non -criminal
violation and shdll be assessed a civil
penalty of Ten ($10.00) Dollars.
Page 7 of 11 pages Ord.86-0-14
b. Any person who stops, parks or stands a vehicle
in violation. of subsection (d) of this section
shall be deemed to be charged with a non -criminal
violation and shall be assessed a civil penalty
of Seventy -Five ($75.00) Dollars.
(2) Each day any violation occurs or continues shall be
a separate offense.
(3) The amount of any civil penalty specified in this
section shall be increased by Five ($5.00) Dollars,
if payment is not received by the Director of
Finance within ten (10) days .after the date of
mailing of the notice by regular mail, as provided
in subsection (h) below.
(4) The owner is responsible and liable for payment of any
parking ticket violations. if .the owner can furnish
evidence that the vehicle was, at the time of the
parking violation, in the care, custody or control
of another person, the owner shall, no later than
fourteen (14) days after mailing of the notice as pro-
vided in subsection (h) below, furnish the police
department with the name and address of the person
who leased, rented or otherwise had the care,
custody and control of the vehicle. Upon furnishing
such evidence to the police department, the owner,
may in the sole discretion of the City Administrator
be released from liability and the person who
leased, rented or otherwise had the care, custody
and control of the vehicle shall be liable for
said parking ticket. The owner is not responsible
for .parking ticket violations, if the owner can.
furnish evidence that the vehicle was, at the time
of the violation, reported to have been stolen or in
the care, custody and control of some person who did
not have permission of the owner to use the
vehicle.
(g) Payment of civil penalty; request for hearing; notice
and summons; file.
(1) The owner shall answer the parking ticket within ten
�(10) days of the issuance of said parking ticket,
either by:
a. Paymentofthe civil penalty indicated on the
parking ticket to the Director of Finance, or
b. Requesting a hearing before a county judge.
Any person requesting a hearing shall ex-
ecute a -form, approved by the Clerk, indicating
his or her willingess to appear at such
hearing. The Clerk will issue a summons re-
quiring the person to appear at a time and
place specified in such summons.
(2) Request for a hearing constitutes a waiver of the
right to pay the civil penalty indicated on the
Page 8 of 11 pages Ord.86-0-14
parking ticket, and a county judge, after said
hearing may impose a fine not to exceed One
Hundred ($100.00) Dollars, pluscourt costs
for each parking violation.
(3) If the city's parking ticket is not .paid within
ten (10) daysof issuance, the Director of
Finance shall notify the owner, by regular mail.
Said notice shall inform said owner concerning
the nature and location of the parking violation
and shall direct compliance with either of the
alternatives specified in paragraph (1) of this
subsection within fourteen (14) days of the
date of mailing said notice.
(4) If no payment of the civil penalty or request for
a hearingis received within fourteen (14) days
after the mailing of notice, and if such notice
is not returned as undeliverable by the U.S.
Postal Service, the Director of Finance shall
send a second similar notice to said owner by
certified mail, return receipt requested, re-
quiring compliance with either of the alternatives
specified in paragraph (1) of this subsection,
within fourteen (14) days after mailing of said
notice.
(5) If such notice is not returned as undeliverable
by the U.S. Postal Service, and if no payment of
the civil nenalty or request for hearing is re-
ceived within fourteen (14) days after mailing
the second notice, the Director of Finance may
cause the owner to be served with summons re-
quiring his or her attendance at a hearing be-
fore a county judge at a time and place specified
in such summons. After said hearing, the county
judge shall make adetermination as to whether
a parking violation has been committed and may
impose a fine, not to exceed One Hundred ($100.00)
Dollars, plus court costs.
(6) If the last day of any time period described above
falls on a Saturday, Sunday or legal .holiday, the
time period shall run until the end of the next
day which is neither a Saturday, Sunday nor
legal holiday.
SECTION 5. All ordinances, or parts of ordinances and
All resolutions or parts of resolutions in conflict herewith
be and the same are hereby repealed.
SECTION 6. If any section, Dart of a section, para-
graph, clause, phrase or word of this ordinance is declared
invalid, the remaining provisions of this ordinance shall
not be affected.
SECTION 7. This ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
Page 9 of 11 pages Ord.86-0-14
A;
This ordinance was introduced by Councilman Prater
This ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida,
and approval as provided by law, at a regular meeting of said
Council on the 2nd day of June , 1986.
The second reading of this ordinance to be at a
regular meeting of the City Council of the City of
Edgewater, Florida, to be held on the 16th day of June
1986.
ROLL CALL VOTEONORDINANCE NO.. 86- 4 AS FOLLOWS:
Mayor
^
SECOND READING:
ATTEST:
City Clerk
Excused
Councilman -zone -Three
ouncllman-Zone Four
Excused
Councilman -zone Two
Count a The ee
ncll�man-Zone Fou
Page 10 of 11 pages Ord.86-0-14
This ordinance read and adopted on second reading at a
regular meeting of the City Council of the City of
Edgewater, Florida, and authenticated this 16th day of
June , 1986.
('l l o
Mayo
This O.di preps y!-
City iey �/ J
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