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4584 Amending Article II Chapter 58 Code - ParkingOrdinance No. 2021-4584 An Ordinance of the City of Sanford, Florida relating to the regulation and enforcement of parking including, but not limited to prohibitions and unlawful acts, the use of public streets and similar rights-of-way, and penalties of diverse natures; substantially revising and amending Article 11, Chapter 58 of the Code of Ordinances of the City of Sanford to include, but not be limited to, changes in fines and charges and means of enforcement; providing for new provisions relating to repairing vehicles on public streets and the habitation of vehicles on streets; other public places; providing for legislative findings and intent; providing for the taking of implementing administrative actions; providing for a savings provision; providing for codification and scrivener's errors; providing for severability; providing for conflicts and an effective date. Be it Enacted By the People of the City Of Sanford, Florida: Section 1. Legislative Findings and Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City Commission agenda memorandum relating to the matters as set forth herein. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Stopping, Standing And Parking; Amendment To Article 11, Chapter 58, City Code. Article 11, Chapter 58 of the Code of Ordinances of the City of Sanford is substantially revised, supplemented and amended to read as follows: ARTICLE 11. - STOPPING, STANDING AND PARKING GENERALLY Sec. 68-41. - Prohibited and limited parking generally; enforcement generally. (a) The City Manager, or designee, is vested with the authority atheGhieef 13 T 3,11 I.C. F W Mi. 4-1-1K , r conjunction with the City Attorney, which prohibit or limit, and make unlawful, parking on streets or portions thereof or on other public property. Such prohibitions and limitations may be applicable to all vehicles and at all times or to particular types or sizes of vehicles or only at designated times. Signs or markers clearly indicating any prohibition or limitation established under this section shall be erected and maintained giving notice thereof. (b) When authorized signs are erected in accordance with a rule, it is vehicle in violation of the prohibitions or limitations reflected iRGtFUGtiGRS on such signs and such rules. (c) The City may enforce the provisions of this Chapter as specifically set forth in this Chapter or by any other remedy available to the City under this Code or controlling State law. M RM."MIM A 0 0 6 Me- ME rm 11-7, Z 11 x3m-wrmr NrrjKTr--I=M Sec 68-42 - Parking on Parkways. It is prohibited and unlawful for any person to park any motor vehicle in or on a parkway except for: (a). Motor vehicles owned and operated by the City or by a public or private utility, or by a county, state, or other governmental entity such as, by way of example only, the Federal government or a school district when such vehicles are engaged in the performance of work by employees of said entities in the course and scope of their employment. (b). Ambulances used for necessary emergency service to the public to include, but not be limited to, when the operator of such vehicles is subject to call at all times of the daV or night, but only 1 such vehicle may be so parked at a location and, then, only while the operator of the vehicle is actually on call. (c). Parkway areas which have been officially designated and signed by the Cit V as permissible areas for parking when deemed to be in the public interest after review by the CitV Manager, or designee. Sec. 58-43. - Establishment and use of loading zones. (a) The Ghief of pGliGe and the City Manager, or designee, is vested with the authority, to adopt rules, in conjunction with the City Attorney, which with the -app va^I e the Gity . . i, aFe heFeby autheFized to establish passenger and freight loading and unloading zones and to erect signs or markers giving notice thereof. 3 -P (b) It is prohibited and unlawful for a No person to shah stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger zone, during hours when the rules regulations applicable to such passenger zone are effective, and then only for a period not to exceed three minutes. (c) It is prohibited and unlawful for a No person to shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight zone during hours when the provisions applicable to such freight zone are in effect. It is prohibited and unlawful to in RG Gase shall the stop for the loading and unloading of materials exceed the time indicated by signs. SeG. 68-44. BaGking to GUFb to lead OF unload. in plaGes wheFe and at houFs when stepping feF the leading 9F unlGadin --f Sec. 68-45. - Designation of bus stops and taxicab stands; parking in bus stop or taxicab stand. (a) The City Manager , or designee, is vested with the authority, to adopt rules, in conjunction with the City Attorney, which and the c;hief of polirae, with the appFeval of the Gity . . 1, may designate bus stops and taxicab stands and erect signs to prohibit the parking of vehicles other than buses and taxicabs in such stops and stands. (b) It is prohibited and unlawful for a No person to shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop has been o#iGially designated by rule and appropriately marked, except that the driver of a passenger vehicle may temperaril stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone, but for no longer than a period of 3 minutes. Sec. 58-46. - Restriction on standing or parking of buses, ride share vehicles and taxicabs. It is prohibited and unlawful for a T -he driver of a bus, ride share vehicle or taxicab to shall -pet -stand or park a bus, ride share vehicle or taxicab for the purpose of soliciting passengers or business upon any street or avenue in any business district at any place other than a bus stop or ride share stand or taxicab stand respectively. Sec. 58-47. - Owner's responsibility for illegal parking. It is prohibited and unlawful fora SubjeE;t to F.S. § 316.1967, ne person to shall allow, permit or suffer any vehicle registered in his 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 code, ordinance, or rule of the City regulating the standing or parking of vehicles. The WRder the autheFity of F.S. Gh. 316, the owner of a vehicle is responsible and liable for payment of any fine for a violation undeF this Ghapte unless the owner provides competent and substantial evidence GaR furnish evidenGe 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 shall is required, within a reasonable time after 5 1I notification of the parking violation, to furnish the City with 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 it is proven by competent and substantial 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. 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 vehicle was not under the care, custody, or control of the owner of the vehicle. C _T4 z _ - Mtn.• -.21CI.Mi ...... 11 MEMURM Sec. 58-48. - Removal or- immobilization of illegally parked, abandoned or disabled vehicles. -•I sy-IM—W-14M.N., - . .. .. . . - - parking enfeMement speGialists Of this Git!,f are hem authorized to remove any vehicle or recreational vehicle from any street or other public property within-theGity, to a public garage or other place of safety, under the following circumstances each of which are prohibited and unlawful to occur eRurnerated in this se (1) When any vehicle is left unattended: a. On a sidewalk. b. In front of a public or private driveway. c. Within 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 30 feet of points on the curb immediately opposite the ends of a safety zone, r indiGated a different length has been established. g. In a space designated for emergency vehicles only. h. Within 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. 7 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 24 hours or upon any particular street for a period of time longer than 72 consecutive hours, unless during the 72 -hour period the vehicle has been removed from the particular street for a period of at least 12 consecutive hours. I. Upon any bridge, elevated structure, viaduct, causeway, tube, or tunnel where such vehicle is obstructing traffic or otherwise creating a safety hazard. m. In any space which has been officially reserved by a sign so indicating. n. In any designated public electric vehicle charging station space on public property that is not electrically charging. (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 not designated for parking for a period longer than 12 hours. (5) When any motor vehicle is parked within 30 feet of any rural -type mailbox between 8:00 a.m. and 6:00 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 24 rlZ:i1t',� 9 X 11 -1,71MOMMITIRMN al 91 TD Sec. 58-49. immobilization of vehiGles bearing outstanding raitationss. r r • • r •Mai • r r r • • r • • • •mt • r r a ♦ + AMWA2UN r a r r r s+. 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It is prohibited and unlawful for a person to park or leave standing a Recreational or Utility Vehicle as defined by Section 513.01 (10), Florida Statutes, to include, but not be limited to, camping trailers, motor homes, slide -in campers, temporary recreational vehicles, oversized vehicles and unattached trailers, on any public street, any public o dedicated alley or any other public property in an area, zoned or designated for residential uses, except for a period not to exceed 24 hours within a 15 day period when parked immediately in front and same side of street of the residence of the owner or lessee of a premises solely for the purpose of loading, unloading or other related activity incidental to preparing the recreational vehicle for travel or returning from travel. Sec. 58-50. - Fines for parking violations. (a) Amount of fines. Fines for parking violations within the City shall be imposed in accordance with the Table set forth in, and the provisions of, this Section. in the folio ' - 14-* (1) Two huRdred fi#y dollars for unautheFized parkiRg iR a han iGapped spaGe desigRated as GUGh, if paid within five weFking daysi afteF five working days, $255.00-, after 14 E;alendar days, $265. (2) Thirty five dollars fE)F unautheFized parking in a fiFe lane, parking with expired er impmpeF tag, if paid within five werkiRg days; afteF five wer-king days, $40.00i after 14 raleRdar days, $50.00. (3) Ten dellaFs for eveFtirne parking, paFkiRq over the line, wh-.- prehibit aR, i . parking, if paid within five weFking daysi after five working days, $15.00-, afteF 14 Galendar days, $25.00. 12 1-MUMIRVINN-1,151 r r r ---------- EjVT;V" Penalties shall be paid within 30 calendar days of the date of issuance of the parking violation notice by either hand delivery to the parking fines unit orb mailing the payment in a postage paid envelope to the City at the address set forth on the citation, (c) If the penalty is not paid within thirty 30 calendar days as required, an additional penalty of $10.00 shall be assessed. (d) In lieu of a person paying the fine directly and timely after receiving a arkina violation. he or she may reauest a hearinq before the civil traffic infraction hearing officer of the County appointed under and governed by controlling State law. Any person electing to appear before the designated hearing officer shall be deemed to have waived his right to paV the base penaltV amounts as set forth in this Section. The hearing officer, after a hearing on the asserted violation, shall make a determination as 131 I'� P, ,-, , � - ". a.. to whether a violation has been committed and, if proven, the hearing officer may impose a fine not to exceed 3 times the base amount of penally, plus hearing costs, but in no event, less than the base amount and hearing costs. (e) If, after thirty 30 days from the citation date has expired and the fine remains unpaid without a hearing having been requested, such action shall be conclusively and irrevocably an admission of guilt and the outstanding balance owed as if the matter had been adjudicated by a hearing officer shall be turned over to a collection agency for collection; provided, however, that the City may pursue any other legal remedy using any other code enforcement process available the City under controlling law. REMAINDER OF PAGE INTENTIONALLY BLANK 141 F'z (f) The following Table is hereby adopted into the provisions of this Section and shall be enforced in accordance with its terms VIOLATIONS AND FINES: Violation Base Fine Delinquent after 30 daVs Total after 30 (additional) days (1) No parking $40 $10 $50 (2) No parking anytime 40 10 50 (3) Parking over line 40 10 50 (4) Improper parking 40 10 50 (5) Parking where prohibited 40 10 50 n Yellow curb 40 10 50 M Left wheels to curb 40 10 50 (8) No parking hereto corner 40 10 50 (9) Bus space 40 10 50 L101 No arking this side 40 10 50 (11) No parking - emergency 40 10 50 (12) Disabled only/permit required 250 10 260 (13) Parking in fire safety zone/hydrant 50 10 60 (14) Parking on sidewalk 40 10 50 (15) Blocking driveway 40 10 50 (16) Over posted time limit 40 10 50 (17) Other 40 10 50 * Multiplied by 3 if turned over to a collection agency or if aduudication is made by a hearing officer, in which hearing costs shall be added. 15 Ser.. 58-51. NetiGe of removal; Glaim of less or damage to i..1.:1:x....1...1.:..1... 17. 1 M.'=W 7C. I ME 7.1 Z F.M.AWO.W. V� W. W.VA MRSTIN-OVU-9 Mv Sec. 58-62. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning and the definitions set forth in Sections 316.03 and 334.03, Florida Statutes, shall be used in the implementation and enforcement of this Ordinance: Alley means a narrow passage or thoroughfare not meant as a substitute for a street or highway but designated, intended or adapted to serve as a means of accommodations to a limited neighborhood for chiefly local convenience. Authorized emergency vehicles means vehicles of the Fire Department or Police Department and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, and the Florida state Department of Transportation and other governmental entities as are desigRated G autherized by the department or the Ghief Gf PGliGe 9 )Fated Gity oF any sheFiff 16 a g; Bicycle means any device propelled by human power upon which any person may ride, having two tandem wheels either of which is 20 inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. Bus means any motor vehicle designed for the carrying of more than ten passengers and used for the transportation of persons and any motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. Business district means the territory contiguous to, and including, a highway within an area zoned for office, commercial or industrial use. Camping trailer means a vehicular portable unit designed for human habitation mounted on wheels and constructed with collapsible partial sidewalls which fold and unfold and which is towed by another vehicle. A slide -in camper shall mean a portable unit, consisting of a roof, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck or similar vehicle. Code City enforcement officer means and includes all law enforcement officers, community service officers and code enforcement officers of the City and includes parking enforcement specialists who have attained that status under the Criminal Justice Standards and Training Commission as referenced in Chapter 316, Florida Statutes. Crosswalk means: (1) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of 17 the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Daytime means the period from one-half hour before sunrise to one-half hour after sunset. Nighttime means at any other hour. 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 charging 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. Habitation of a vehicle means the use of a vehicle for temporary or permanent place to live. Intersection means: (1) 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 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. (2) Where a highway includes two roadways 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. If such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. Motor home means a vehicular unit designed for human habitation built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle. Motor vehicle means any self-propelled vehicle, excluding a bicycle. Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. Official time standard. Whenever certain hours are named, they shall mean eastern standard or daylight saving time as may be in current use in the City. Official traffic control device means any sign, signal, marking, or device not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. Official traffic control signal means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. Off-street parking facility means any City -owned or City -controlled parking facility located at places other than in or on the streets of the City. On -street parking facility means any parking facility located in or on the streets in the City located and existing at or near the curbs of the streets within the City. Operator means any person who is in actual physical control of a motor vehicle, or who is exercising control over or steering a vehicle being towed by a motor vehicle. Oversized vehicle means any vehicle or trailer or combination of vehicles and/or trailers that exceeds 22' in length or 84" in width, the total measurement which shall be inclusive of any attachments or protruding objects. Owner means the person to whom a vehicle is registered. Park and parking mean the halting of a vehicle otherwise than momentarily, regardless of whether the vehicle is occupied or in operation, and not for the purpose of receiving or discharging passengers or materials. Parking facility means all parking lots, garages, buildings and other structures, all parking meters or other equipment, machinery or devices for obtaining revenue from public parking of vehicles, entrances, exits, fencing and all other facilities, equipment and accessories necessary or desirable for the public parking of vehicles, both in or on the streets of the City and off the streets of the City, for which fees are or are not fixed, 20 1 P ) ga � established and collected, and all properties real, tangible or intangible, used in connection therewith, owned by the City, or constructed or acquired pursuant to this chapter, and also including any such facilities hereafter constructed or acquired by the City from any source whatsoever, for which fees or other charges are fixed, established or collected. Parking meter zone means the side of a City block alongside which designated parking spaces with adjacent parking meters are located or an entire parking lot wherein designated parking spaces with adjacent parking meters are located. Parking zone means the side of a City block alongside which nonmetered parking is specifically permitted or an entire parking lot wherein nonmetered, designated parking spaces are provided. Parkway means the area from the right-of-way line to the edge of the pavement of the lateral lines of a roadway, including any grassy or unpaved median between two (2) paved areas. Pedestrian means any person afoot. Person means any natural person, firm, copartnership, association, or corporation. Police officer means every officer of the municipal police department. 21 Private road or driveway means any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. Railroad means a carrier of persons or property upon cars operated upon stationary rails. Railroad sign or signal means any sign, signal or device erected by authority of a public body or official or by a railroad, and intended to give notice of the presence of railroad tracks or the approach of a railroad train. Recreational or Utility vehicle means a vehicle, as defined by Section 513.01 (10), Florida Statutes, to include, but not be limited to, camping trailers, motor homes, slide -in campers, temporary recreational vehicles, oversized vehicles and unattached trailers. A temporary recreational vehicle means any motor vehicle altered and eguipped for sleeping or human habitation. Residentially zoned or des4qnated areas means and includes all areas assiqned the SR-1AA, SR -1A, SR -1, SR -2, MR -1, MR -2, MR -3 or RMOI zoning distri classification, an area located in a PID zoning district/classification which is permitted for residential uses, or an area which is assigned a residential land use designation R---SidenGe distr4Gt means the territeFy GORtigUOUS to, a including, but not limited to, a highway, road or street located within any of the areas listed in this definition an area Right-of-way means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such 22 1 P -,, �' circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. Safety zone means the area or space officially set apart within a roadway or parking facility for the exclusive use of pedestrians and projected or so marked by adequate signs or authorized pavement markings as to be plainly visible at all times while set apart as a safety zone. School bus means any motor vehicle that complies with the color and identification requirements of controlling State law F.S. Gh. 234 and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of schoolchildren. Sidewalk means 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. Stand and standing mean the halting of a vehicle temporarily for the purpose of and while actually engaged in receiving or discharging passengers or materials, regardless of whether the vehicle is in operation or occupied. Stop and stopping mean any halting, even momentarily, or a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal. Street, highway and roadway mean 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. 23 Traffic means pedestrians, ridden or herded animals, and vehicles, streetcars, and other conveyances, either singly or together while using any street or highway for the purpose of travel. Trailer means a portable unit, mounted on wheels, of such a size and weight as not to reguire special highway movement permits when drawn by a motor vehicle. Truck means any motor vehicle designed, used or maintained primarily for the transportation of property. Vehicle means any device, in, upon, or by which any person or property is or may be transported or drawn upon a street or highway to include the vehicles set forth in the term motor vehicle as defined in Section 320.01 (1), Florida Statutes. Sec. 58-53. - Manner of parking. (a) It is prohibited and unlawful for a No person to shaft stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except as follows: Upon a street which has been marked or a sign erected for angle parking, a vehicle shall be parked at the angle to the curb indicated by such mark or sign and it is It is prohibited and unlawful to otherwise park a park a vehicle. (b) It is prohibited and unlawful for a No person to shad stand or park a vehicle in a parking facility in any other than a marked space provided for that purpose. It is further prohibited and unlawful to park in the thoroughfare lanes of the parking facility. Sec. 58-64. - Overtime parking. YW'21.171 _._.Zel 111 1 wr*=z to cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time; -ander Sec. 58-55. - Removal of markings made by parking enforcement personnel. It is prohibited and shall be unlawful to roll the tires of a vehicle to remove or obscure or attempt to remove or obscure the markings made by a cede _City enforcement officer paFkinq enfOFGernent personnel prior to removing the vehicle from the parking zone. Sec. 58-66. - Special event parking. (a) The City Manager or designee is vested with the authority to adopt rules establish parking restricted areas in the City for special events or times throughout the year and it is prohibited and unlawful for a person to violate such rules. (0 When parking restricted areas are established during special events or times, the City Manager, or Ghief of poliGe as a designee of the City manager, shall ensure that appropriate signs are erected notifying persons that parking in a designated area is prohibited and unlawful without paying the established parking charge. (c) A It is prohibited and unlawful for a person to park their motor vehicle in a parking restricted area established pursuant to this section without paying the appropriate parking charge. F . ........ .72 2r= ICTNOMM ANN Sec. 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 Cites 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, it is prohibited and unlawful for a no person to shall park or stand any nonelectric vehicle in that space. Any nenelertFiG vehiGle is subjeGt te fine of MINIMMIM 12 • 60 this subsection, "charging" means an electric vehicle is parked at an electric vehicle charging station and is connected to the charging station equipment. 26 LD b. Where public electric vehicle charging stations are constructed and installed, the City Manager, or designee, Gity Enginshall 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 fisGal aRalysis by the City Manager eR an admiRistFative basiss, in an arnaunt not to eXGeed t GE)StS Feasenably neGessaiy to effset the use of the stations on publiG property. NetwithstandiRg the foregoing, the City Manager's aGtiORS shall net beGorne e#eGt*ve until the city MaRager reports a pFoposed iRGFease te the City G and the Gity Commission ratifies the iRGrease. (G) Viblatie"nAqrGement A-Aelatien of this seGtiGR shall be enfeFGeable as a parking vielation as set forth iR seGtbE)n 58 54 ef this Cede. Sec. 58-58 Repairing vehicles on public streets. It is prohibited and unlawful for a person to construct or cause to be constructed., repair or cause to be repaired, dismantle or cause to be dismantled any vehicle or any parts thereof upon any public street, alley or other public property. Temporary emergency repairs reguiring less than 24 hours in duration may be made: provided however, that the vehicle may not be moved to extend the time period. 27 Sec. 58-59 Public Safety Towing; Notice. Notwithstanding the provisions of Section 38-177 of this Code, if a law enforcement or code enforcement officer ascertains that a vehicle is present on public property in violation of City Code and constitutes a threat or potential threat to the public health safety and welfare and is need to being secured and removed by towing, the officer shall cause the vehicle to be secured and moved in accordance with generally acceptable vehicle towing practices and notice of the action shall be placed at the site of the place where the vehicle was located which notice shall provide the location of the vehicle and offer a copy of the report of the incident to the owner of the vehicle. A vehicle which is unlawfully parked or standing at an area where a public assembly is planned or ongoing shall be conclusively be deemed to be a threat or potential threat to the public health safety and welfare. Sec. 58-60 Habitation of vehicles on streets; other public places. It is prohibited and unlawful fora person to use or allow the use of a vehicle, trailer of any kind, vessel, or any structure or device for human habitation or occupancy upon any street, alley, public parking lot or other public property. Section 3. Implementation. The City Manager, or designee, is hereby authorized to take all necessary actions relative to implementing the provisions of this Ordinance including, but not limited to, the promulgation of forms, the adoption of rules, and the implementation of processes and procedures which rules may include the charges that shall be pertinent as to vehicle towing actions of the City. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby 28 repealed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. Section 6. Savings; Effect Of Ordinance. The prior actions of the City of Sanford in terms of the matters relating to any and all actions and activities of the City pertaining to the enforcement of parking rules and regulations, and any and all activities relating thereto, or any related or associated matters, are hereby ratified and affirmed. Section 7. Codification; Scrivener's Errors. (a). Section 2 and Section 3 of this Ordinance shall be codified, and all other sections shall not be codified; provided, however, that all necessary codification actions shall be implemented by the Code codifier. (b). The sections, divisions and provisions of this Ordinance may be renumbered or re -lettered as deemed appropriate by the Code codifier and letters may be changed to numbers and the like for ease and consistency of reference. (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. 29 1 �,-) -1 1,; _; Section 8. Effective Date. This Ordinance shall become effective immediately upon enactment. Passed and adopted this 25th day of January, 2021. Attest., City Commission of SanfWd, Floridap I Traci Houchin, City Clerk, MMC, FC Approved as to form and legal suffi L. Colbert City Attorney I City of 30 WS RM X CITY OF Item No. NAN"F'ORD FLORIDA CITY COMMISSION MEMORANDUM 21.023 JANUARY 2S, 2021 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Anthony Raimondo, Deputy Chief of Pol' a I �11 Darrel Presley, Executive Dire r ev opment Services SUBMITTED BY: Norton N. Bonaparte, Jr.,gfity Manages' SUBJECT: Ordinance Modifications To City 7de"Relating To Parking. STRATEGIC PRIORITIES: Unify Downtown & the Waterfront Promote the City's Distinct Culture Update Regulatory Framework F] Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: The City Commission is requested to discuss a draft ordinance modifying the provisions of the City Code relating to the regulation of parking. FISCAL/STAFFING STATEMENT: The City will continue to enforce the City Code using available remedies and there is no substantial fiscal impact that should arise from revisions relating to parking regulation. BACKGROUND: Parking is becoming a main concern in many communities and the City of Sanford is no exception in that regard. Areas zoned residential use are particularly problematic throughout the City. The City Police Department and Code Enforcement receive numerous complaints regarding parking. A review of City Code Chapter 58 was conducted and several modifications are recommended. The primary features of the ordinance modifications follow: (1). Parking on parkways is prohibited. (2). Parking of certain recreational or utility vehicles and trailers on residential streets for over 24 hours in a 15 day period is prohibited. (3). Defines oversized vehicle and limits parking on residential streets. (4). Repairing of vehicle on city streets prohibited except for emergency repairs taking less than 24 hours. (5). Habitations of vehicles on streets, alleys, public parking lots and certain public places prohibited. LEGAL REviEw: Assistance has been provided by, and this matter has been reviewed by, the office of the City Attorney. The City Commission approved the first reading of Ordinance No. 4584 on January 11, 2021. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 24, 2021. RECOMMENDATION: City staff recommends that the City Commission adopt Ordinance No. 2021-4584 SUGGESTED MOTION: "I move to adopt Ordinance No. 2021-4584." Attachment: Ordinance 2021-4584 2