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3176 ORDINANCE NO. 3176 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 17, ARTICLE II OF THE SANFORD CITY CODE ENTITLED "STOPPING, STANDING AND PARKING," CONSISTING OF SECTIONS 17-23 THROUGH 17-32, AND THE ADDITION OF SECTION 17-33 THROUGH 17-37 GOVERNING PARKING; PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: The Sanford City Code be, and the same is hereby, amended by the addition of Sections 17-33 through 17-37, and by the amendment to Sections 17-23, 17-29, 17-30 and 17-31. Chapter 17 ARTICLE II SAMFORD TRAFFIC AND PARKING CODE Sec. 17-23 Prohibited and limited parking generally (c) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: 1. On a sidewalk or in such manner that any part of such vehicle is protruding over a sidewalk or any part of the sidewalk area; 2. In front of a public or private driveway; 3. Within an intersection, or within fifty (50) feet of any intersection, stop sign, traffic signal, or traffic control device unless otherwise marked or designated for the purpose of parking; 4. Within fifteen (15) feet of a fire hydrant; 5. On a crosswalk; 6. At any place in such a manner as to block access to commercial refuse containers by City refuse removal equipment; 7. Alongside any curb which has been painted yellow or red, unless otherwise specifically permitted by appropriate signs or devices posted by the City; 8. In any space specifically designated and marked for the disabled unless such vehicle displays a parking permit as required by State law; or in such a manner as to block or obstruct a wheel chair ramp; 9. In an area designated as a fire lane; 10. On any property owned or controlled by the City of Sanford not designated for parking, unless otherwise approved by authorized personnel; 11. On any City easement or parkway; 12. On any park or City recreational facility except where specifically permitted by an official sign and, if so permitted, only for the purpose of, and during the time of, visiting or using the park or recreational facility where such parking is permitted. Sec. 17-29 Owner responsible for illegal parking No person 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 regulating the standing or parking of a vehicle. The owner of said vehicle is responsible for fines incurred. The owner is also responsible to request a court hearing if the citation is to be contested within thirty (30) days of receipt of the citation or fifteen (15) days from notification by the City of Sanford. Failure to request a hearing or pay fines incurred is considered an admission of guilt and is an unlawful violation of Section 17-29 Sanford Code, and will result in one or all of the following: immobilization of the vehicle, denial of vehicle registration, and or criminal prosecution in Seminole County Court. Sec. 17-30 Impounding vehicles illegally parked; immobilization and impoundment of vehicle bearing outstanding citations. 2. (a) Amended to increase amount to $75.00 (b) Amended to increase amount to $75.00 Sec. 17-31 Fines for parking violations. Fines for parking violations within the City of Sanford, Florida 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, if paid within five (5) working days, after five (5) working days thirty --2-- Ordinance No. 3176 ($30.00) dollars, after fourteen (14) calendar days forty dollars ($40.00). If fines are not received within thirty (30) calendar days, the registered owner will be advised by mail. Fifteen (15) days after receipt of the initial notification, a warning of summons will be sent. Fifteen days after the warning, a hold will be placed upon the vehicle registration, and consideration for further action will be made. Sec. 17-33 Definitions. The following words and phrases, when used in this Chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires: 1. Alley. 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. 2. Authorized emergency vehicles. Vehicles of the Fire Department, Police Department and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, and the Department of Transportation as are designated or authorized bythe Department or the Chief of Police or an incorporated City or any Sheriff or any of the various counties. 3. Bicycle. Any device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is twenty (20) inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels. 4. Bus. Any motor vehicle designed for the carrying of more than ten (10) 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. 5. Business district. The territory contiguous to, and including, a highway within an area zoned for office, commercial or industrial use. 6. Crosswalks. (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. (b) Any portion of a roadway at an intersection or else where distinctly indicated for pedestrian crossing by lines or other markings on the surface. 7. Daytime. The period from one-half hour before sunrise to one-half hour after sunset. Nighttime means at any other hour. 8. Intersection. (a) The area embraced within the prolongation or connection of the lateral curb lines; or, if none, --3-- Ordinance No. 3176 then the lateral boundary lines of the roadways of two (2) 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. (b) Where a highway includes two (2) roadways thirty (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. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection. 9. Motorcycle. Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. 10. Motor vehicle. Any self-propelled vehicle, excluding a bicycle. 11. 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. 12. Official traffic-control signal. Any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. 13. Official traffic-control devices. 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. 14. Off-street parking facility. Any city owned or controlled parking facility located at places other than in or on the streets of the city. 15. On-street parking facility. 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. 16. Operator. 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. 17. Owner. The person to whom a vehicle is registered. 18. Park or parking. The halting of a vehicle otherwise than momentarily, regardless of whether vehicle is occupied or in operation, and not for the purpose of receiving or discharging passengers or materials. 19. Parking Enforcement Specialist. An employee of the City of Sanford who has complied with the requirements of Chapter 316, Florida Statutes. 20. Parking facility. 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, established and collected, an all properties real, tangible or --4-- Ordinance No. 3176 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. 21. Parking meter zone. The side of a city block along side 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. 22. Parking zone. The side of a City block alongside which non-metered parking is specifically permitted or an entire parking lot wherein non-metered, designated parking spaces are provided. 23. Parkway. That portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines not designated or intended for the use of pedestrians. 24. Pedestrian. Any person afoot. 25. Person. Any natural person, firm, copartnership, association, or corporation. 26. Police Officer. Every officer of the Municipal Police Department. 27. Private road or driveway. 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. 28. Railroad. A carrier of persons or property upon cars operated upon stationary rails. 29. Railroad sign or signal. 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. 30. Residence district. The territory contiguous to, and including, a highway within an area zoned for residential use. 31. Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other. 32. Safety zone. 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. 33. School bus. Any motor vehicle that complies with the color and identification requirements of Chapter 234 Florida Statutes, 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 school children. 34. Sidewalk. That portion of a street between the curb line, or the lateral line of a roadway and the adjacent property lines, intended for use by pedestrians. 35. Stand or Standing. The halting of a vehicle temporarily for the purpose of and while actually engaged in, receiving or discharging passengers or materials, regardless or whether the vehicle is in operation or occupied. --5-- Ordinance No. 3176 36. Stop or Stopping. 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. 37. Street, highway, or roadway. 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. 38. Traffic. Pedestrians, ridden or herded animals, and vehicles, street cars, and other conveyances either singly or together while using any street or highway for the purpose of travel. 39. Truck. Any motor vehicle designed, used or maintained primarily for the transportation of property. 40. Vehicle. Any device, in, upon, or by which any person or property is or may be transported or drawn upon a street or highway. Sec. 17-34 Current and valid registration license plate. It is unlawful to park any motor vehicle without a current and valid license plate and validation sticker affixed to it in the City of Sanford. When such a motor vehicle is found parked at any time upon any public property, street or in any off-street parking facility in the City a parking violation citation may be issued. Sec, 17-25 Manner of parking. No person shall 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 curb-side wheels of the vehicle within twelve (12) inches of the edge of the roadway, except as provided int he following: 1. 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. No person shall stand or park a vehicle in a parking facility in any other than a marked space provided for that purpose. it is further unlawful to park in the thoroughfare lanes of the parking facility. Sec. 17-36 Overtime parking. It shall be unlawful and a violation of this section for any person 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, and any vehicle remaining in any one parking space longer than the time limited for such a --6-- Ordinance No. 3176 space shall be considered to be illegally parked. Sec. 17-37 Removal of markings made by parking enforcement personnel. It shall be unlawful to attempt to obscure, remove or roll the tires of a vehicle which has been marked by enforcement personnel; SECTION 2: 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 3: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION 4: That this ordinance shall become effective i~ediately upon its passage and adoption. PAssED AND ADOPTED this// day , A.D. 1993. L ~ITY C ERK As the City Co~ission 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 ion of the City of Sanford, Florida, on the a in the City of Sanford, Florida, f , 1993. ~ the City Cl~erk of the City of Sanford, Florida --7-- Ordinance No. 3176