WHEREAS, Fees for parking meters, devices or timed parking systems have been historically approved by the City using the Ordinance process; and

Transcription

1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF COCOA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER, TRAFFIC, AMENDING ARTICLE II PARKING METERS, BY DELETING REFERENCE TO: - THE COST OF PARKING, OR STANDING A VEHICLE, IN A PARKING METER SPACE; AND - THE COST OF PARKING PERMITS. - PROVIDING FOR THE USE OF TIMED PARKING SYSTEMS OR SIMILAR DEVICES - PROVIDING FOR PARKING METER AND OTHER TIMED PARKING SYSTEM FEES TO BE ADOPTED BY RESOLUTION - PROVIDING FOR THE DEFINITION OF PARKING METER ZONES, AND THE ADOPTION OF PARKING METER ZONE REGULATIONS BY RESOLUTION; PROVIDING FOR EXEMPTIONS, PROVIDING FOR INCORPORATION OF RECITALS, SEVERABILITY, INTERPRETATION, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, Fees for parking meters, devices or timed parking systems have been historically approved by the City using the Ordinance process; and WHEREAS, in order to reduce the expenses incurred with the adoption of an Ordinance, which includes legal advertising and City Code Book codification, the City wishes to adopt fees by Resolution; and WHEREAS, Resolutions to amend fees would be posted on the City s website, and the Agenda reflecting the consideration to adopt Resolutions, would be posted on City Hall s bulletin. BE IT ORDAINED by the City Commission of the City of Cocoa Beach, Florida that: SECTION 1, Chapter Traffic, Article II Parking Meters, of the Code of Ordinances of the City of Cocoa Beach is hereby amended to read as follows: ARTICLE II. PARKING METERS/Parking Devices or Timed Parking System* Sec. -. Metered parking. (a) Definitions. For the purpose of this section, the following definitions will apply: (1) Parking meter/parking Device/Timed Parking System. The words "parking meter" shall mean and include any mechanical device, or meter, or timed parking system not inconsistent with this section, placed or erected for the regulation of parking by the authority of this Chapter section. Each parking meter, device or timed parking system installed shall indicate by proper legend, the legal parking time established by the city; and when in operationed, shall at all times indicate the balance or amount of legal parking time, and at the expiration of such metered period shall indicate illegal or overtime parking. () Parking meter space. The words "parking meter space" shall mean any space within the parking meter zone adjacent to a parking meter, device, or within a timed parking system zone, and which is duly designed for the parking of a single vehicle by lines painted or

2 ORDINANCE NO. otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters. () Parking Meter Zone The words Parking Meter Zone shall mean and include any street, portions thereof, parking area or lot, upon which parking meters, devices, or timed parking systems are installed, or parking is regulated, which is in operation for the parking of vehicles for a limited time, subject to compliance with regulations. Sec. -. Placement of meters, devices or timed parking systems. The marking off of individual parking spaces in the metered parking zone, and the installation of parking meters, devices or timed parking systems for in such spaces, is hereby authorized, ratified, and confirmed. The placement of the meters shall be in accordance with applicable city ordinances. Sec. -. Deposit of coin required; exceptions. Except in a period of emergency determined by an officer of the police or fire department, or in compliance with the direction of a police officer, police aide or traffic control sign or signal, when any vehicle shall be parked in any parking space alongside or next to which a parking meter or device is located or within a designated area controlled by a timed parking system, the operator of such vehicle, shall, upon entering the said parking meter space, immediately deposit or cause to be deposited in said meter such proper coin of the United States as is required for said parking meter and as is designated by proper direction on the meter, device or timed parking system; and when required by the directions on the meter, device or timed parking system, the operator of such vehicle, after the deposit of the proper coin or coins or other payment means as posted on the timed parking system meter or device, shall also set in operation the timing mechanism on such meter, device or timed parking system in accordance with directions properly appearing thereon; and failure to deposit such proper coin or any other payment means as posted, and to set the timing mechanism in operation when so required, shall constitute a violation of this section. Upon the deposit of such coin or any other payment means as posted (and the setting of the timing mechanism in operation, when so required) the designated parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed for the part of the street in which said parking space is located; provided, that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin or any other payment means as posted so long as his occupancy of said space does not exceed the indicated unused parking time. If said vehicle shall remain parked in any such parking space beyond the parking time limit set for such parking space, and if the meter, device or receipt from a timed parking system shall indicate such illegal parking, then, and in that event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time; and such parking shall be deemed a violation of this section. Sec. -. Cost; acceptable coins; hours of operation, charges by parking meter zones. (a) The cost of parking or standing a vehicle in a parking meter space located in the parking zone shall be established by resolution; shall be one dollar ($1.00) per hour (b) The only coins which the meters accept are those of the United States; (c) Parking meter zones and parking requirements, including the cost of parking, within the zones, shall be established by Resolution. The parking meters shall be operated in the parking meter zones twenty-four () hours every day, including Sundays and holidays. Sec. -. Violations. It shall be unlawful and a violation of the provisions of this section for any person: (1) To cause, allow, permit or suffer any vehicle registered in his name or under his control to be parked overtime as displayed ; () To cause, allow, permit, or suffer any vehicle registered in his name or under his control to remain or be placed in any parking space controlled by any parking meter, device or timed parking system while said meter, device or timed parking system is displaying a signal or a time-stamped receipt indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space; Page of

3 ORDINANCE NO. () To cause, allow, permit or suffer any vehicle registered in his name or under his control to be parked across any line or marking of a parking meter space or in such a position that the vehicle shall not be entirely within the area designated by such lines or markings; () To deface, injure, tamper with, open, break, destroy or impair the usefulness of any parking meter, device or timed parking system installed under the provisions of this section; () To deposit, or cause to be deposited, in any parking meter, device or timed parking system, any slugs, device or metal substance, or other substitute for lawful coins. (Ord. No.,, 1--; Ord. No.,, -1-; Ord. No.,, --01) Sec. -. Reserved. Sec. -. Penalties. (a) Any person violating the provisions of section -(1), (), () of this article shall be subject to a fine under the terms and conditions as set forth in section - of this article. (b) Any person violating the provisions of section -() or () herein shall be subject to a fine in an amount not less than two hundred dollars ($0.00) and not more than one thousand dollars ($1,000.00). Sec. -. Enforcement. Sections -(1), (), () shall be enforced by city parking enforcement specialists, or by city police officers. Section -(), () shall be enforced by city police officers in accordance with state statutes, and the penalty for the violation shall be in accordance with section -(b). (Ord. No.,, 1--) Sec. -. Parking permits; issuance; fee; display. Nontransferable parking permits shall be issued to Brevard County residents on a calendar year basis, expiring December 1 of the year issued. The annual fees shall be established by resolution. be twentyfive dollars ($.00) each, except that the annual fee for residents of the City of Cocoa Beach shall be five dollars ($.00) for each vehicle. The city manager shall prorate annual fees to charge twelve dollars and fifty cents ($1.0) each after September 0th, except that the prorated fee for City of Cocoa Beach residents shall be two dollars fifty cents ($.0) each after June 0th. Decals shall be given to those purchasing parking permits. Affixing such permit on the driver side rear bumper or the driver side lower corner rear window of the vehicle, shall constitute authorization to park in the metered zone without complying with section - (deposit of coin required) section - (cost; acceptable coins) and section -(1) and () herein. Sec. -. Penalty. (a) Pursuant to Section.00(),. and. Florida Statutes, any person cited for a violation of this article shall be deemed to be charged with a non-criminal violation and shall be assessed a civil penalty according to the following schedule: Violation Number Violation (1) Meter Parking () Parking Overtime () Parking Over Line () Parked Facing Wrong Direction () Parked in "No Parking Zone" () Parked in Fire Lane () Parked Irregular () Parked Double or Obstructing Traffic () Parked on Sidewalk Page of

4 ORDINANCE NO. () Parked in Handicapped Space () Parked Within Feet of Fire Hydrant (1) Other (1) Removal of Impoundment Device (b) Penalty amounts, associated with violations listed in section -, penalty, shall be adopted by resolution. Such resolution will be posted on the city's website, and on any agenda, reflecting the consideration to adopt penalty fine changes. Agendas must also be posted at city hall. (c) Each day any violation occurs or continues shall be a separate offense. For parking in excess of the time authorized in a public parking space, each succeeding equal time period beyond that authorized as the maximum time period for said parking place shall constitute a separate offense. (d) F.S..00() establishes a The maximum fine of two hundred fifty ($0.00) dollars for a violation with regard to a properly-designated and marked parking place for people with disabilities. If F.S..00() or a successor ordinance changes the maximum fine, the fine amount for violation of subsection -(a)(), will be changed by resolution to the identical amount. shall be established by Florida Statute. Sec. -0. Procedures governing payment of civil penalties and proceedings to enforce payment for city parking violations. (a) Any person issued a city parking citation shall answer the citation within ten () days after the date of the issuance of the citation. (b) Upon receipt of a completed parking citation submitted by a Cocoa Beach Police Officer or parking enforcement specialist, the finance department shall notify the registered owner first listed on the citation of its issuance if there has been no response to the citation pursuant to subsection (a) of this section. Such notice shall be sent regular mail and shall inform said registered owner concerning the nature and location of the parking violation and direct compliance with the alternatives available under Florida law within ten () days after the date said notice is mailed, according to the records maintained by the finance department. (c) If payment of the civil penalty is not received or a hearing is not requested within the fourteen-day period after the notice described in subsection (b) of this section has been mailed and such notice is not returned as undeliverable by the U.S. Postal Service, the original citation, a copy of such notice and an affidavit verifying noncompliance with such citation shall be submitted to the clerk's office for processing in accordance with the Florida law. Sec. -1. Supplying parking violation information to the state. The City of Cocoa Beach shall supply the Florida Department of Safety and Motor Vehicles, or any successor department performing substantially the same duties, a list of persons who have three () or more outstanding parking violations, or one (1) or more outstanding parking violation(s) of Florida Statutes Section., Florida Statutes Section. or any City ordinances which regulate parking in spaces for persons with disabilities. The information may be supplied to the Florida Department of Highway Safety and Motor Vehicles in any communication format approved by it or state statute. SECTION TWO: INTERPRETATION. In interpreting the body of Section One of this Ordinance, the following rules of interpretation shall be utilized: (1) Terms underlined are additions to existing text. () Terms stricken through are deletions from existing text. SECTION THREE: SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of Page of

5 1 1 1 ORDINANCE NO. the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION FOUR: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances, and all resolutions and parts of resolution, in conflict herewith are hereby repealed to the extent of such conflict. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall be become in full force and effect upon adoption by the City Commission October 1, in accordance with the Charter of the City of Cocoa Beach, Florida. Upon Motion by Commissioner and Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of,. Ayes: Nays: Absent or Abstaining: Leon Skip Beeler, ATTEST: Mayor-Commissioner Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Page of