HomeMy WebLinkAbout3211 ORDINANCE NO. 3211
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3176; AMENDING SECTION
17.29 OWNER RESPONSIBLE FOR ILLEGALLY PARKED
VEHICLES, SECTION 17.30 REMOVAL AND IMPOUNDING
OF ILLEGALLY PARKED VEHICLES, AND SECTION
17.31 FINES FOR PARKING VIOLATIONS; PROVIDING
FOR CONFLICTS, SEVERABILITY AND EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Sanford, Florida,
enacted Ordinance No. 3176 on October 11, 1993, which Ordinance
amended Chapter 17, Article II of the Sanford City Code; and
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA.
SECTION 1. That Section 17-29 of the Code of Ordinances of
the City of Sanford, Florida, is hereby amended to read as follows:
~ 17.29 Owner Responsible for Illeqal Parking.
Subject to Florida Statutes ~ 316.1967, no person shall
allow, permit or suffer any vehicle registered in their
name to stand or be parked in any street, avenue or alley
in the City in violation of any of the provisions of this
chapter or any other ordinance of the city regulating the
standing or parking of vehicles. Under the authority of
Florida Statutes § 316, the owner of a vehicle is
responsible and liable for payment of any violation under
this Chapter unless 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. In such
instances, the owner of the vehicle is required, within
a reasonable time after notification of the parking
violation, to furnish the name and address of the person
or company who leased, rented, or otherwise had the care,
custody, or control of the vehicle. The owner Of a
vehicle is not responsible for parking violations if the
vehicle involved was, at the time, stolen or in the care,
custody, or control of some person who did not have
permission of the owner to use the vehicle. Prima facie
evidence that the vehicle involved was, at the time,
stolen or in the care, custody, or control of some person
who did not have permission of the owner to use the
vehicle, shall be in the form of a report from the
appropriate law enforcement official that the said
vehicle was not under the care, custody, or control of
the owner of the vehicle.
Any person receiving a parking violation notice shall,
within five (5) working days of date of receipt of
notice, pay the civil penalty as prescribed in 17-31 of
this section or request a hearing before a judge of the
Seminole County Court. Failure to pay the civil penalty
as prescribed in S 17-31 of this section or to request a
court hearing within five working days of the date of
receipt of the parking violation notice will result in
the imposition of a delinquent fee as prescribed in the
schedule set forth in ~ 17-31 in addition to the civil
penalty as prescribed in § 17-31. Failure to request a
court hearing or pay fines incurred shall be considered
an admission of guilt and is an unlawful violation of
this section, and shall result in one or all of the
following: immobilization of the vehicle, impounding the
vehicle or hold on vehicle registration, and or mandatory
court appearance in Seminole County Court.
SECTION 2. That Section 17-30 of the Code of Ordinances of
the City of Sanford, Florida, is hereby amended to read as follows:
§ 17.30 Removal and Impounding of Illegally Parked,
Abandoned, or Disabled Vehicles - Authority of
Police Department and Parking Enforcement.
Owner Responsible for Illegal Parkinq.
Police officers, community service offices, and parking
enforcement specialists of this City are hereby
authorized to remove any vehicle from any street or other
public property within the City, to a public garage or
other place of safety, under the circumstances
hereinafter enumerated.
(1) When any vehicle is left unattended:
(a) On a sidewalk;
(b) In front of a public or private driveway;
(c) Within fifteen (15) feet of a fire
hydrant or in a fire lane;
(d) Within an intersection;
(e) On a crosswalk;
(f) Between a safety zone and the nearest
curb or within thirty (30) feet of points on
the curb immediately opposite the ends of a
safety zone, unless the Police Chief or
Parking Enforcement Specialist has indicated a
different length.
(g) In a space designated for emergency
vehicles only;
(h) Within twenty (20) feet of a driveway
entrance to a fire station, and, if prohibited
by a sign, on the side of a street opposite
such station;
(i) Alongside or opposite any street
excavation or obstruction when stopping,
standing, or parking would obstruct traffic
and is prohibited by sign;
(j) At any place where official signs
prohibit parking, stopping, or standing, and
the vehicle is obstructing traffic or
otherwise creating a safety hazard;
(k) In a City off-street parking facility or
parking meter zone for any period of time
longer than twenty-four (24) hours or upon any
particular street for a period of time longer
than seventy-two (72) consecutive hours,
unless during the 72-hour period the vehicle
has been removed from the particular street
for a period of at least twelve (12)
consecutive hours;
(1) Upon any bridge, elevated structure,
viaduct, causeway, tube, or tunnel where such
vehicle is obstructing traffic or otherwise
creating a safety hazard;
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(m) In any space which has been officially
reserved by a sign so indicating.
(2) When a vehicle is obstructing traffic or otherwise
creating a safety hazard and the person in charge of the
vehicle is absent or by reason of physical injury or
condition is incapacitated to such an extent as to be
unable to provide for its custody or removal.
(3) When any vehicle is parked on any parking facility
or area designated or used in connection with City Hall,
police station, or other facilities of the City in
violation of the posted signs and the permitted uses.
(4) When any motor vehicle remains stopped or parked on
any property owned or controlled by the City of Sanford
not designated for parking for a period longer than
twelve (12) hours.
(5) When any motor vehicle is parked within thirty (30)
feet of any rural-type mailbox between 8 a.m. and 6 p.m.
(6) When any motor vehicle remains on an on-street
parking space, the use of which is prohibited or
otherwise regulated by an official sign or which requires
payment of a parking meter, for any period longer than
twenty-four (24) hours:
(a) Such motor vehicle may be immobilized by,
or under the direction of a parking
enforcement specialist, in such a manner as to
prevent its operation. No such vehicle shall
be immobilized by any means other than by the
use of device or other mechanism which will
not damage such vehicle unless it is moved
while such device is in place.
(b) If the owner of the immobilized vehicle,
or other duly authorized person, does not make
arrangements for removal of the immobilization
device in accordance with the provisions of
this Section and within twenty-four (24) hours
of the time such motor vehicle was
immobilized, such vehicle may be removed to a
public garage or other place of safety.
(c) There is hereby adopted the fee of $75
for the removal of an immobilization device
placed on a vehicle pursuant to this Chapter.
§ 17.30.1 Removing, Impounding, and
Immobilization of Vehicles Bearing
Outstanding Citations.
(1) Any motor vehicle found parked at any time
upon any street or in any off-street parking
facility in the City of Sanford against which
there is one (1) outstanding parking violation
notice for parking in a space designated for
disabled parking or five (5) or more
outstanding parking violation notices for
other parking violations, for which no hearing
has been requested within the requisite time
period, and for which a Notice of Summons has
been mailed, may, by or under the direction of
parking enforcement specialist, be immobilized
in such a manner as to prevent its operation.
No such vehicle or other mechanism which will
cause no damage to such vehicle unless it is
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ORDINANCE NO. 3211
moved while such device or mechanism is in
place.
(2) If, after contacting the appropriate State
agency which acts as custodian of vehicle
registration and license tag records for the
State from which the license tag attached to
the motor vehicle was issued, the Parking
Fines Unit is unable to determine the motor
vehicle owner's address, the motor vehicle may
be immobilized in accordance with the
provisions of the preceding subsection (1),
except it shall not be necessary for Parking
Enforcement to mail Notice of Intent to Issue
Summons before the motor vehicle may be
immobilized.
(3) It shall be the duty of the parking
enforcement specialist immobilizing such motor
vehicle, or under whose direction such vehicle
is immobilized, to post on such vehicle, in a
conspicuous place, notice sufficient to inform
the owner or operator of the vehicle that:
(a) such vehicle has been immobilized
pursuant to and by the authority of § 17.30.1
of the Sanford City Code; and
(b) the owner of such immobilized vehicle, or
other duly authorized person, shall be
permitted to repossess or to secure the
release of the vehicle upon compliance with
either of the following alternative
procedures:
(i) payment to Parking
Enforcement of the City of Sanford of the
applicable fee for removal of the
immobilization device listed in § 17.30 of
this Code, together with payment of any
outstanding or otherwise unsettled parking
violation notices for which no hearing has
been requested within the requisite time
period; or
(ii) posting with Parking
Enforcement of the City of Sanford of a cash
or surety bond or other adequate security
equal to the amount of the applicable fee
listed in § 17.30 of this Code. If, during
the hearing on the outstanding parking
violation notices which necessitated the
immobilization of the vehicle, the City
prevails on any or all of the outstanding
violations, the cash or surety bond shall be
forfeited to the City of Sanford.
(4) It shall be unlawful for anyone, except those
persons authorized by Parking Enforcement, to
remove to attempt to remove, tamper with, or
in any way damage or alter the immobilization
device.
(5) Any vehicle immobilized pursuant to § 17.30.1
shall be subject to impoundment as authorized
by § 17.30 of the City Code.
§ 17.30,2 Storaqe, Costs, and Removal of
Impounded Vehicle.
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When a car is removed pursuant to this Chapter, notice
shall be provided to the vehicle owner pursuant to the
provisions of Fla. Stat. Chapter 713.
§ 17.30.3 Notice of Owner's Claim for Loss or
Damage to Immobilized Vehicles.
At the time of the release of a vehicle immobilized
pursuant to § 17.30, the owner of such vehicle or other
duly authorized person, shall inspect the vehicle and
shall give a receipt to the Parking Enforcement
Specialist or his designee reciting any claims he has for
loss or damage to the vehicle.
SECTION 3. That Section 17-31 of the Code of Ordinances of
the City of Sanford, Florida, is hereby amended to read as follows:
§ 17.31 Fines for Parking Violations.
Fines for parking violations within the City of Sanford
shall be imposed in the following manner:
(a) Two hundred and fifty dollars ($250.00) for unauthorized
parking in a handicapped space designated as such; if
paid within five (5) working days, after five (5) working
days, two hundred and fifty-five dollars ($255.00), after
fourteen (14) calendar days, two hundred and sixty five
dollars ($265.00).
(b) Thirty-five dollars ($35.00) for unauthorized parking in
a fire lane, parking with expired or improper tag; if
paid within five (5) working days, after five (5) working
days forty dollars ($40.00), after fourteen (14) calendar
days, fifty dollars ($50.00).
(c) Ten dollars ($10.00) for overtime parking, parking over
the line, where signs prohibit and improper parking, if
paid within five (5) working days, after five (5) working
days fifteen dollars ($15.00), after fourteen (14)
calendar days twenty-five dollars ($25.00).
(d) Twenty-five dollars ($25.00) for parking along a yellow
curb, in a loading zone or on a sidewalk or crosswalk, or
for making an illegal left turn in the business district
into a parking space, if paid within five (5) working
days, after five (5) working days, thirty ($30.00)
dollars, after fourteen (14) calendar days, forty dollars
($40.00).
If fines are not received within five (5) working days
from date of receipt of Citation, the registered owner
will be sent a notice by mail advising owner of the
outstanding parking violation and unpaid fine. If fines
are again not received within fifteen (15) working days
after issuance date of the initial notification, an
official notification of intent to issue summons shall be
sent advising the owner of the City's intent to do one or
all of the following:
Hold placed on vehicle registration;
Immobilization and/or impoundment of vehicle;
Summons for mandatory Court appearance.
SECTION 4. That Section 17-33(19) of the Code of
Ordinances of the City of Sanford, Florida, is hereby amended to
read as follows:
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~ 17.33(19) Definitions.
(19) An employee of the City of Sanford who has
complied with the requirements of Chapter 316,
Fla. Stat. and who may exercise those powers
of enforcement granted by Florida Statute.
SECTION 5. That Section 17-37 of the Code of Ordinances of
the City of Sanford, Florida, is hereby amended to read as follows:
~ 17.37 Removal of Markings Made by Parking
Enforcement Personnel.
It shall be unlawful to roll the tires of a
vehicle to remove or obscure or attempt to
remove or obscure the markings made by parking
enforcement personnel prior to removing the
vehicle from the parking zone.
SECTION 6: CONFLICTS. If any section or portion Of a section
of this Ordinance proves to be invalid, unlawful or
unconstitutional, it shall not be held to impair the validity,
force or effect of any other section or part of this Ordinance.
SECTION 7: SEVERABILITY. That all Ordinances or parts of
Ordinances in conflict herewith be and the same are hereby revoked.
SECTION 8: EFFECTIVE DATE. That this Ordinance shall become
effective immediately upon its passage and adoption.
~ay o A.D.
PASSED AND ADOPTED this ~ f ,
1994.
MAYOR ~ ,
ATTEST: ~ '
~FITY CLERK
As the City Commission of the
City of Sanford, Florida
CERTIFICATE
I, Janet R. Donahoe, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No.3. -II, PASSED AND ADOPTED
by t e City
, 1994, was posted at the front door of ' y Hall
of Sanford, Florida, on the/~day of ,
1994. ~
As y Clerk of the City
of Sanford, Florida
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