4424 Electric vehicle charging stationsORDINANCE NO. 2017-4424
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA RELATING TO
REGULATION OF PARKING IN ELECTRIC VEHICLE CHARGING
STATION SPACES DESIGNATED FOR THE CHARGING OF ELECTRIC
VEHICLES; AMENDING ARTICLE 11. STOPPING, STANDING AND
PARKING GENERALLY SECTION 58-52, DEFINITIONS; AMENDING
ARTICLE 11. STOPPING, STANDING AND PARKING GENERALLY TO
CREATE A NEW SECTION 58-57 REGULATION OF PARKING IN
ELECTRIC VEHICLE CHARGING STATION SPACES DESIGNATED
FOR THE CHARGING OF ELECTRIC VEHICLES; PROVIDING FOR
IMPLEMENTATION OF FEES; PROVIDING FOR LEGISLATIVE
FINDINGS AND INTENT; PROVIDING FOR AUTHORITY TO THE CITY
MANAGER FOR IMPLEMENTING ADMINISTRATIVE ACTIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR CORRECTION OF
SCRIVENER'S ERRORS, CONFLICT, SEVERABILITY, AND AN
EFFECTIVE DATE.
Whereas, the City Commission of the City of Sanford ("City") declares that
it is in the interest of the public health, safety, and welfare of its residents and visitors
to reduce pollutants in the air, on the lands, and in the waters of the City; and
Whereas, greenhouse gas ("GHG") emissions from gasoline and diesel
powered vehicles trap heat in the atmosphere and contribute to the warming of the Earth;
and
Whereas, greenhouse gas emissions also contribute to sea level rise, which
is a growing and imminent threat to the health, safety, and welfare of residents, visitors,
and businesses in Sanford; and
Whereas, electric vehicles generate reduced greenhouse gas emissions as
compared to gasoline and diesel powered vehicles; and
Whereas, the City finds that the cost of providing electric vehicle parking
services to its citizens shall be offset by the collection of reasonable fees to cover the cost
of providing said services; and
Whereas, Section 366.94, Florida Statutes, entitled: "Electric Vehicle Charging
Stations" provides that the provision of electric vehicle charging to the public by a
nonutility is not the retail sale of electricity for the purposes of this chapter and that the
rates, terms, and conditions of electric vehicle charging services by a nonutility are not
subject to regulation by the state; and
Whereas, therefore, it is within the jurisdiction and lawful authority of the
City under its Home Rule powers granted by the Florida Constitution to regulate
for the health safety and welfare of its citizenry and to impose reasonable fees to
offset the costs of this service to the public; and
Whereas, the City shall adhere to all rules enacted by the Florida Department
of Agriculture and Consumer Services relating to: methods for sale, labeling and price
posting requirements; and
Whereas, the City finds that the fees propose comprise the estimated cost of
providing the indicated services; and
Whereas, the City finds that legal notice of the public hearing scheduled before
the City Commission was given in order to consider the adoption of the proposed fees;
and
Whereas, the City has previously authorized a program that promotes the use
of electric vehicles in the City of Sanford under terms that are safe, lawful and appropriate;
Whereas, the amendment set forth below is necessary to accomplish the
objectives identified above; and
Whereas, underlined words in this Ordinance shall constitute additions to the
original text of the Code of Ordinances of the City of Sanford, stFikethmughs shall
constitute deletions to the Code of Ordinances of the City of Sanford, and ellipsis ( ... )
represents unchanged text.
Section 1. Legislative Findings and Intent. The City Commission of
the City of Sanford has complied with all requirements and procedures of Florida Law in
processing this Ordinance and adopts the findings contained in the Whereas clauses
above as its legislative intent in adoption of this Ordinance.
Section 2. Regulation of Parking in Electric Vehicle Charging Station
Spaces Designated for the Charging of Electric Vehicles Established. The following
definitions are added to Section 58-52 of the Code of Ordinances of the City of Sanford
and Chapter 52, Article 11 of the Code of Ordinances of the City of Sanford is hereby
modified as follows by adding a Section 58-57:
ARTICLE Ill. — STOPPING, STANDING AND PARKING GENERALLY
Section 58-52. Definitions.
Electric vehicle means any motor vehicle registered to operate on public roadways
that operates either partially or exclusively on electric energy. Electric vehicles
include (1) battery -powered electric vehicles; (2) plug-in hybrid electric vehicles; (3)
electric motorcycles; and (4) a fuel cell vehicle.
Electric vehicle charging station means a public parking space that is served by battery
changing station equipment that has as its primary purpose the transfer of electric energy
(by conductive or inductive means) to a battery or other energy storage device in an
electric vehicle.
Section 58-57. Regulation of Parking in Electric Vehicle Charging Station Spaces
Designated for the Charging of Electric Vehicles.
(a). Electric Vehicle Charging Station Regulation and Fees.
(1). Electric vehicle charging stations on public property.
(A). Public electric vehicle charging stations that are located on public property are
reserved for parking and charging electric vehicles only. When a sign provides notice that
a space is a designated public electric vehicle charging station, no person shall park or
stand any nonelectric vehicle in that space. Any nonelectric vehicle is subject to fine or
removal. Any electric vehicle in anV designated public electric vehicle charging station
space on public property that is not electrically charging shall be subject to a fine and/or
removal. For purposes of this subsection, "charging" means an electric vehicle is parked
at an electric vehicle charging station and is connected to the charging station equipment.
(B). Where public electric vehicle charging stations are constructed and installed, the
city engineer shall cause appropriate signs and markings to be placed in and around the
parking spaces of said stations, indicating prominently thereon the parking regulations.
The signs shall state that the parking space is reserved for charging electric vehicles and
that an electric vehicle may only park in the space for charging purposes.
(b). Fees for use of Electric vehicle charging stations on public property.
The hourly rate is established at $1.00 per hour for electric vehicle charging sessions.
This hourly rate may be adjusted annually on October 1 if deemed necessary after fiscal
analysis by the City Manager on an administrative basis, in an amount not to exceed the
costs reasonably necessary to offset the use of the stations on public property.
Notwithstanding the foregoing, the City Manager's actions shall not become effective until
the City Manager reports a proposed increase to the City Commission and the City
Commission ratifies the increase.
(c). Violation/Enforcement.
A violation of this Ordinance or Section shall be enforceable as a parking violation as set
forth in Section 58-54 of the Code of Ordinances, City of Sanford.
Section 3. Implementing Administrative Actions. The City Manager is
hereby authorized and directed to take such actions, as she may deem necessary and
appropriate in order to implement the provisions of this Ordinance. The City Manager
may, as deemed appropriate, necessary and convenient, delegate the powers of
implementation as herein set forth to such City employees as deemed effectual and
prudent.
Section 4. Codification; Scrivener's Errors.
(a). Section 2 of this Ordinance shall be codified and all other sections shall not
be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
Section 5. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
to the extent of such conflict.
Section 6. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 13th day of November, 2017.
Attest:
Cynthia Porter, City Clerk
Approved as to form and
Legality:
it iam L. Colbert, Esquire
City Attorney
City Commission
Sanford, Florida,
Florida.
of the City of
Seminole County,
I -aL—MnA P1 T -
j ,,,wJ , Mayor