HomeMy WebLinkAboutItem 07(a) First Reading of Ordinance Amending Article I, Sections 168-2, 168-4.1 & 168-5.1. I� •
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AGENDA ITEM COVER SHEET
Meeting Date: January 21, 2020
Item # 7. a
Reviewed By:
Contact Name: Lt. Scott Nylander Department Director: tit/413. own
Contact Number: X3315 City Manager: Rob F
Subject: Ordinance Amending Chapter 168 of the City of Ocoee Code Relating to Vehicles and
Traffic.
a) First Reading of Ordinance Amending Article I, Sections 168-2, 168-4.1 & 168-5.1.
Background Summary:
The Ocoee Police Department proposes two ordinance changes to the City's Code of Ordinances to address
outstanding parking violations as well as making clarifications to policies regulating parking of commercial
vehicles on public property. The City of Ocoee does not currently have a system in place for violators who have
outstanding parking violations. Additionally, the City has experienced a steady increase in parking of
commercial vehicles on public property, including numerous complaints from citizens.
Article I, Sections 168-2, 168-4.1, and 168-5.1 of Chapter 168 of the City of Ocoee Code, Relating to Vehicles
and Traffic, would be amended to address the following:
Section 168.2 (Collection of Outstanding Parking Violations) — This amendment would allow the Department to
notify the State of Florida Department of Highway Safety and Motor Vehicle (DHSMV) of persons who have
three or more outstanding parking violations. The tax collector may not issue a license plate or revalidations
sticker to any applicant whose name is given to DHSMV by the Department until that person pays for the
unpaid parking violations.
Section 168-4.1 (Parking of Commercial Vehicles on Public Property) — This ordinance would be modified to
prevent any commercial vehicles from parking on any public streets and road rights-of-way, with the exception
of loading purposes or otherwise permitted by the Land Development Code. In addition, the definition of a
commercial vehicle has been modified. The following vehicles would be considered a commercial vehicle:
1. Any truck or other vehicle with a tandem rear axle or a gross vehicle weight of over ten thousand
(10,000) pounds or having a length greater than twenty-one (21) feet or height greater than ten (10)
feet.
2. Buses used for transporting passengers for a fee, taxicabs, shuttle vans, limousines, or vans used
to transport passengers for a fee;
3. Any vehicle with external modifications designed to be used for the purpose of lifting objects or
persons above the height of the vehicle; and
4. Step vans, flatbed, and stake bed trucks, wreckers, farm equipment, dump trucks, and earth
moving equipment;
Sport utility vehicles, family vans not transporting passengers for a fee, and standard manufactured
pickup trucks and dual rear wheel pick-up trucks used for personal use are expressly excluded from
the definition of commercial vehicle for purposes of this section. Also excluded from the definition of
commercial vehicle are light duty Class A wreckers when they are authorized by the City.
Section 168-5.1 (Immobilization of Vehicles Bearing Outstandinlg Parking Citations) — Allows any police officer
to cause the immobilization of motor vehicles based on criteria met in Section 168-5.1.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve Sections 168-2, 168-4.1, and 168-5.1
of Chapter 168, Article I of the City of Ocoee Code, Relating to Vehicles and Traffic?
Recommendations:
It is staffs recommendation that the Honorable Mayor and Board of City Commissioners approve Sections 168-
2, 168-4.1, and 168-5.1 of Chapter 168, Article I of the City of Ocoee Code, Relating to Vehicles and Traffic.
Attachments:
First Reading of Ordinance Amending Sections 168-2, 168-4.1, and 168-5.1 of Chapter 168, Article I of the City
of Ocoee Code, Relating to Vehicles and Traffic.
Financial Impact:
There is no financial impact for the City.
Type of Item: (please mark with an"x")
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosby-Collier N/A
Reviewed by Finance Dept. 11.43„3 C,...A.A.-- N/A
Reviewed by () N/A
ORDINANCE NO. 2020-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION
168-2, CITY OF OCOEE CODE OF ORDINANCES, RELATING TO COLLECTION
OF OUTSTANDING PARKING VIOLATIONS; AMENDING SECTION 168-4.1,
CITY OF OCOEE CODE OF ORDINANCES, RELATING TO PARKING OF
COMMERCIAL VEHICLES ON PUBLIC PROPERTY; AMENDING SECTION 168-
5.1, CITY OF OCOEE CODE OF ORDINANCES, RELATING TO
IMMOBILIZATION OF VEHICLES BEARING OUTSTANDING PARKING
CITATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS,as provided in Article VIII of the Constitution of the State of Florida and chapters
163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police
power, land development and zoning authority,and governmental and proprietary powers necessary to
conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as expressly
prohibited by law; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in a public
hearing in accordance with the procedures set forth in Section 166.041, Florida Statutes; and
WHEREAS, the City Commission in good faith determines that this Ordinance is in the best
interest of the City and its residents and promotes the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida
and Chapter 166, Florida Statutes.
SECTION 2. Amendment of Section 168-2. Section 168-2, City of Ocoee Code
of Ordinances is hereby amended with strikethroughs showing deletions and underlines showing
additions, as follows:
§ 168-2. - Violations.
A. Any person violating any provision of this Chapter shall be subject to the requirements
of Chapter 16 of the Code related to violations, including Notices of Violations, fines and
procedures, and hearings to contest a Notice of Violation.
B. The Chief of Police or his designee is hereby authorized and directed to supply the State
of Florida Department of Highway Safety and Motor Vehicle with a magnetically
encoded computer tape reel or cartridge, or send by other electronic means data which is
machine readable by the installed computer system at said Department listing persons
who (i) have three or more outstanding parking violations, or (ii) one or more including
parking violation(s) of Florida Statutes § 316.1955 or Florida Statutes § 316.1956, or any
City ordinances which regulate similar parking in spaces designated for use by disabled
persons. Under the authority of Florida Statutes § 320.03(8), as amended from time to
time, the county tax collector may not issue a license plate or revalidation sticker to an
applicant whose name appears on the list referred to in this subsection until that person
presents a receipt from the City of Ocoee showing that such parking fines have been paid.
SECTION 3. Amendment of Section 168-4.1. Section 168-4.1, City of Ocoee
Code of Ordinances is hereby amended with strikethroughs showing deletions and underlines
showing additions, as follows:
§ 168-4.1. - Parking of commercial vehicles or buses on public property.
A. The parking of commercial vehicles on any public streets and road rights-of-way within
any residential zoned district, including residential planned unit developments, as
established by the Land Development Code for the City, shall be prohibited, except for
loading purposes or as otherwise expressly permitted by the Land Development Code.
For the purposes of this section, a "commercial vehicle" is means the following:
1. Any truck or other vehicle having a rated capacity of over 1 ton with a tandem rear
axle or a gross vehicle weight of over ten thousand (10,000) pounds or having a length
greater than twenty one (21) feet or height greater than ten(10) feet;
2. Buses used for transporting passengers for a fee, taxicabs, shuttle vans, limousines, or
vans used to transport passengers for a fee;
3. Any vehicle with external modifications designed to be used for the purpose of lifting
objects or persons above the height of the vehicle; and
4. Step vans, flatbed, and stake bed trucks, wreckers, farm equipment, dump trucks, and
earth moving equipment;
Sport utility vehicles, family vans not transporting passengers for a fee, and standard
manufactured pickup trucks and dual rear wheel pick up trucks used for personal use are
expressly excluded from the definition of commercial vehicle for purposes of this section.
Also excluded from the definition of commercial vehicle are light duty class A wreckers
when they are authorized by the City.
B. The parking of buses on any public streets and road rights-of-way ••• ..• - •
zoned district, including residential planned unit developments, as established by the
Land Development Code for the City, shall be prohibited, except in designated bus
parking areas approved by the City as part of a special exception or conditional use. For
the purposes of this section, a "bus" is a vehicle designated specifically for the
transportation of people for commercial purposes or transportation of students, both
public and private.
C. Whenever a police officer finds a commercial vehicle or bus to be parked in violation of
any of the foregoing provisions of this section, the officer is authorized to take the
following actions:
(1) If the vehicle is occupied,to require the driver or other person in charge of the vehicle
to move the vehicle so as not to be in violation of any of the foregoing provisions of
this section.
(2) If the vehicle has been parked in violation of the foregoing provisions of this Section
and a warning sticker has been conspicuously placed on the vehicle for at least 48
hours pursuant to § 165-6 of the Code,to provide for the removal of any such vehicle
to the nearest garage or to the storage area of any person, firm or corporation who
has contracted with the City as provided in § 165-9 of the Code.
(3) If the vehicle is unoccupied or unattended and within the past 90 days the owner of
such vehicle has been issued a Notice of Violation, as provided in § 168-5.B. of this
Article, for the violation of any of the foregoing provisions with respect to such
vehicle and such Notice of Violation has not been contested, as provided in § 168-
5.C. of this Article, as of the date of the new violation, to provide for the removal of
the vehicle without further notice to the nearest garage or the storage area of any
person, firm or corporation who has contracted with the city as provided in § 165-9
of the Code.
(4) If the vehicle has one outstanding parking violation notice issued or mailed to the
owner of the license tag of the vehicle for which the fine remains unpaid after a period
of thirty(30) days,and where no hearing has been requested within the requisite time
period provided in this Article, the vehicle may be immobilized in accordance with
section 168-5.1 of this Article.
SECTION 4. Amendment of Section 168-5.1. Section 168-5.1, City of Ocoee
Code of Ordinances is hereby amended with strikethroughs showing deletions and underlines
showing additions, as follows:
§ 168-5.1. - Immobilization of vehicles bearing outstanding citations.
A. The City may,by resolution after a public hearing preceded by at 1 st seven days'notice
o€—the-hearing and the proposed action by publication in a newspaper of general
circulation in the City of Ocoee, institute a policy for the immobilization of vehicles
bearing outstanding citations issued pursuant to this Article. The provisions of this § 168
5.1 shall apply only in the event the City institutes such a policy. In addition to issuing a
parking violation notice, any police officer may cause the immobilization of motor
vehicles in conformity with the requirements of this section to prevent the operation of
such vehicles. Such vehicles shall be immobilized only by the use of a device or other
mechanism which will cause no damage to such vehicle unless it is moved while such
device or mechanism is in place.
B. Any motor vehicle found parked at any time upon any street or in any off-street parking
facility in the City of Ocoee may be immobilized by or under the direction of a police
officer of the City if at the time of such immobilization the following is found:
(1) No current and valid license plate and validation sticker is affixed to the vehicle; or
(2) With respect to such vehicle, there is either:
a. One outstanding parking violation notice against the owner of the license tag of the
vehicle for parking in a space designated for disabled parking,which has been issued
or mailed to the owner of the license tag of the vehicle and for which the fine remains
unpaid after a period of thirty (30) days, and where no hearing has been requested
within the requisite time period provided in this Article;
b. One outstanding parking violation against the owner of the license tag of the vehicle
for parking in a fire lane, which has been issued or mailed to the owner of the license
tag of the vehicle and for which the fine remains unpaid after a period of thirty (30)
days, and where no hearing has been requested within the requisite time period
provided in this Article;
c. One outstanding parking violation against the owner of a commercial license tag of
the vehicle for any parking violation which has been issued or mailed to the owner
of the license tag of the vehicle and for which the fine remains unpaid after a period
of thirty(30)days, and where no hearing has been requested within the requisite time
period provided in this Article;
d. B, •. - . . -• - . . - - . . •-- . .. ., -- . •- .. --
parking facility in the City of Ocoee against which there is one outstanding parking
citation for parking in a space designated for disabled parking or Three or more
outstanding parking citations for other parking violations within the preceding 12
calendar months,for which no hearing has been requested within the requisite time period
provided in this Article,may be immobilized in such a manner as to prevent its operation.
other mechanism that will cause no damage to such vehicle unless it is moved while such
device or mechanism is in place.
C. It shall be the duty of the police officer or other authorized person 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:
1. Such vehicle has been immobilized pursuant to and by the authority of§ 168-5.1 of
the City of Ocoee Code of Ordinances; and
2. 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 payment to the
City of Ocoee of the applicable fee for removal of the immobilization device and all
outstanding fees and penalties due in connection with any outstanding citation(s)that
necessitated the immobilization of the vehicle.
D. It shall be unlawful for anyone, except for a police officer or such other person authorized
by the Chief of Police, to remove or attempt to remove, tamper with, or in any way
damage or alter the immobilization device.
E. Any vehicle immobilized pursuant to this Section may be towed or otherwise moved to
the nearest garage or to the storage area of any person, firm or corporation who has
contracted with the City as provided in § 165-9 of the Code.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
SECTION 6. Codification. It is the intention of the City Commission of the City
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City;and that sections of this Ordinance may be renumbered or relettered and the word"ordinance"
may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to
accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished,
sections of this Ordinance may be renumbered or relettered and the correction of typographical errors
which do not affect the intent may be authorized by the City Manager,without need of public hearing,
by filing a corrected or recodified copy of same with the City Clerk.
SECTION 7. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this day of ,2020.
APPROVED:
ATTEST:
CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk
Rusty Johnson, Mayor
(SEAL)
ADVERTISED ,2020
READ FIRST TIME ,2020
READ SECOND TIME AND ADOPTED
,2020
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 2020.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney