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3211 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; "2'- ORDINANCE NO. 3211 (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 "3'- 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. --4-- ORDINANCE NO. 3211 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: "5'- ORDINANCE NO. 3211 ~ 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 "6'- ORDINANCE NO. 3211