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HomeMy WebLinkAboutItem #12 - Revisions to Chapter 168 of the Code of OrdinancesContact Name: Contact Number: Cerkter of Good Liv O 0' AGENDA ITEM COVER SHEET S. Goclon X 3027 Meeting Date: May 1, 2007 Item # U Reviewed By. Department Director: City Manager: / Subject: Revisions to Chapter 168 of the Code of Ordinances of and Traffic) - Ordinance First Reading Ron City of Ocoee (Vehicles Background Summary: Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic) is being revised to provide more effective parking enforcement measures within the city limits of Ocoee. The revisions include, but are not limited to: increasing parking citation fines from $10 to $40 per violation, providing for procedures and requirements for contesting parking citations, providing enforcement for non-compliance, creating a parking infraction hearing board, imposing a $5 surcharge to help offset the City's costs of the School Crossing Guard program, and prohibiting parking of vehicles offered for sale in road rights of way. Issue: Should the Honorable Mayor and Board of City Commissioners adopt the proposed revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic)? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners adopt the proposed revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic). Attachments: Revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic). Financial Impact: Increases parking citation fines from $10 to $40 and increases handicap parking citation fines from $10 to $250. 50% of fines will be deposited into the City's General Fund and of the remaining 50%, $5.00 shall be deposited into a School Crossing Guard Fund (to help offset the costs to the City), and the remainder shall be deposited into the Ocoee Police Department's Fines and Forfeiture fund. Type of Item: (please mark with an 'Y) Public Hearing For Cleric's Dept Use: 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 N/A Reviewed by Finance Dept. XY N/A Reviewed by () N/A Mayor be eepter of Good LI�� Gary Hood,Commissioners Di.striet 1 S Scott Vander grift � Scott Anderson, District 2 City Manager Rusty Johnson District 3 Robert Frank Joel Keller, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Ron Reffett, Chief of Police^ DATE: May 1, 2007 RE: Revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic) ISSUE Should the Honorable Mayor and Board of City Commissioners adopt the proposed revisions to Chapter 168168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic)? BACKGROUND/DISCUSSION Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic) is being revised to provide more effective parking enforcement measures within the city limits of Ocoee. The revisions include, but are not limited to: -Increasing parking citation fines from $10 to $40 per violation; -Increasing handicap parking citation fines from $10 to $250 (which is the State of Florida Uniform Traffic Citation fine rate); -Providing for procedures and requirements for contesting parking citations; -Providing 50% of fines will be deposited into the City's General Fund, $5.00 shall be deposited into a School Crossing Guard Fund, and the remainder shall be deposited into the Ocoee Police Department's Fines and Forfeiture fund. -Providing enforcement for non-compliance in the form of sanctions by the State of Florida DHSMV against renewal of the registered owners' driver's license and vehicle registration; -Prohibiting vehicles offered for sale in road rights of way; -Reducing the tow warning sticker notification period from 48 hours to 24 hours for removal of certain vehicles; RE: Revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic) DATE: May 1, 2007 -Allowing the Chief of Police to designate who may issue City of Ocoee parking citations; -Allowing the City, by resolution after a public hearing, to immobilize (parking boot) vehicles with excessive outstanding parking fines; -Authorizing Ocoee Police officers to take actions previously reserved for Code Enforcement/ Protective Inspections officers for certain code violations relating to parking; and -Creating an infraction hearing board to provide those ticketed with due process. The ordinance revisions draw heavily from the City of Orlando, which has a long running and successful parking enforcement program. Nick Palmer and Paul Rosenthal with Foley and Lardner drafted and approved the language in the ordinance revisions 2 ORDINANCE NO. 2007 - AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA AMENDING, RESTATING AND SUPERSEDING, IN ITS ENTIRETY, CHAPTER 168 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING FOR AN INCREASED SCHEDULE OF FEES FOR PARKING VIOLATIONS; PROVIDING PROCEDURES AND REQUIREMENTS FOR CONTESTING PARKING CITATIONS; PROVIDING PROCEDURES UPON NON- COMPLIANCE WITH PARKING CITATIONS; PROHIBITING VEHICLES FROM BEING OFFERED FOR SALE IN ROAD RIGHTS-OF-WAY; PROVIDING FOR AN OCOEE POLICE INFRACTION HEARING BOARD TO CONDUCT HEARINGS REGARDING CONTESTED PARKING CITATIONS AND TO DETERMINE WHETHER A PARKING VIOLATION WAS COMMITTED; IMPOSING A FIVE -DOLLAR SURCHARGE ON ALL PARKING FINES AND CIVIL PENALTIES FOR PARKING VIOLATIONS TO FUND A SCHOOL CROSSING GUARD PROGRAM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED 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 Chapters 166 and 318, Florida Statutes. SECTION 2. Chapter 168. Chapter 168 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended, restated and superseded, in its entirety, to read as follows (with deletions stricken and additions double underlined): See Exhibit A" attached hereto and by this reference made part hereof. SECTION 3. 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 ORLA_422029.3 Ordinances of the City; and that sections of this ordinance may be renumbered or re -lettered 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 re -lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 4. 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. 2007. SECTION 5. Effective Date. This Ordinance shall become effective on June 1, [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] ORLA_422029.3 -2- PASSED AND ADOPTED this day of , 2007. ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 2007. FOLEY & LARDNER LLP City Attorney APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED , 2007 READ FIRST TIME '2007 READ SECOND TIME AND ADOPTED , 2007 UNDER AGENDA ITEM NO. ORLA_422029.3 -3- EXHIBIT "A" CHAPTER 168 VEHICLES AND TRAFFIC ARTICLE I General Provisions § 168-1. Adoption of provisions. The Florida Uniform Traffic Control Law, Chapter 316 of the Florida Statutes, as amended and as it will continue to be amended, is hereby adopted by the City, and its provisions shall control traffic within the city. § 168-1.1. Definitions. The definitions set forth in FS § 316.003, as from time to time amended, shall be applicable to this article. § 168-2. FinesFees Penalties and Procedures. The sehedule of fines delineated belew for- P g vie-lations within the eity is hereby adapte&- A n n paiking vielafi403in the eity shall be ine xcept as provided in Section168- 2(B) below, a citation issued in connection with the violation of any_ provision of this Section (each a "parking violation" for pumoses of this Article only) shall carry a fine in the amount of $10 Ar -L '" w=+=c 'fora' ($40) dollars for each parking violation so long as said fine is paid within 72 hours.fourteen (14) calendar days. B. A citation issued for parking or standing in a parking space designated for Handicap or Disabled parking without the appropriate permit shall carry a fine in the amount of two hundred and fifty ($250) dollars for each infraction as long as said fine is paid within fourteen (14) calendar days. C. Fines that are paid aftef-ene-week ef the eitation being issued butit: ess than t-vve weeks shall be in +h Of $25 -An person receiving a parking citation shall, within fourteen (14) calendar days from the date of issuance of the citation do one of the following (i) pay the civil penalty prescribed on the citation or (ii) elect to contest the citation by completing the "Contesting Affidavit" attached to the citation and delivering the completed Contesting Affidavit together with a non-refundable filing tee in the amount of ten dollars ($10.00) to the Chief of Police his designee or such other person that may be designated on the citation Any person who fails to pay the civil penalty prescribed on the citation or deliver the Contesting Affidavit as set forth herein wrtrnn fourteen (14) calendar days from the date of issuance of the citation shall incur a delinquent fee of fifteen ($15) dollars and be deemed to have waived msler right to contest the merits of such citation Any person electing to contest a citation pursuant to this paragraph shall be deemed to have waived his/her right to pay the civil penal ty r r prescribed on the citation and may be subject to additional tines and fees if same arc imposed by the Ocoee Police Infraction Hearing Board pursuant to Section 168-8 of this Chapter. D. Fines that have a-@*. been pai wAiR vwe weeks E)f 4ie issuanee of the . eitatiOn will in the owner- ef r-eeer-d ef he vel-Aele that vas parked illega4ly being notified ef tb 2 Upon receipt of a Contesting Affidavit the Chief of Police or his designee shall review such affidavit and make a determination as to whether, based on the information presented on the Contesting Affidavit a parkin¢ infraction has been committed._ If the Chief of Police or his designee determines based on the information presented in the Contesting Affidavit that no parking infraction has been committed then the Chief of Police or his designee shall void the citation and provide written notice of same to the person who submitted the Contesting Affidavit If the Chief of Police or his designee determines based on the evidence presented in the Contesting Affidavit, that a parking violation has occurred then the Chief of Police or his designee shalt request a nearing before the Ocoee Police Infraction Hearing Board to consider the contested citation. E. Civil penalties or fines collected pursuant to this Section that be disbursed as follows: 1. Fifty percent (50%) of each traffic violation shall be deposited into the City's General Fund maintained by the City Finance Department. 2. The remaining fifty percent (50%) of each traffic violation shall be divided as follows: a. Five ($5) dollars of each traffic violation paid shall be deposited into a School Crossing Guard Fund and maintained by the City Finance Department. b. The remaining funds are to be deposited into the Ocoee Police Department's Fines and Forfeiture fund. F. Procedures upon Non -Compliance with Parking Violation Notice. 1. The Ocoee Police Department shall accept payment of civil penalties for narking violations and issue receipts therefore The Ocoee Police Department shall maintain a record of such civil penalties and shall daily report the monies collected and deposited in the City's depository bank to the Crtv Fmance Department. 2. If the registered owner of a motor vehicle to which a parking citation has been affixed thereto does not respond to such notice within fourteen (14) calendar days_ of the date of the such notice a fifteen ($15) dollar delinquent fee per violation against the registered owner of the motor vehicle which was cited shall be accessed Notice of the narking violation and the failure to comply therewith shall be sent to the re istered owner of the vehicle. Such notice shall direct the recipient to respond within ten (10) calendar days. 3. Citations not paid may be referred to a collection agency. 4. 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 which is machine readable by the installed computer system at said Department listing persons who iii have three (3) or more outstanding parking violations or (ii) one (1)or more parlan violation(s) of Florida Statutes §316.1955 or Florida Statutes §316.1956. ori City ordinances which regulate similar parking in spaces designated for use by disabled persons. § 168-3. Parking, stopping and standing on highway or street prohibited. A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of any highway or street when it is practicable to stop, park or so leave the vehicle off such part of the highway or street, but in every event an unobstructed width of the highway or street opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway or street. B. This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main traveled portion of a highway or street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position or to passenger -carrying buses temporarily parked while loading or discharging passengers, where highway or street conditions render such parking off the paved portion of the highway or street hazardous or impractical. C. No person shall park or leave standing any vehicle or trailer, whether attended or unattended upon the road right of way, with signage indicating For_ Sale", "For Offering" or other advertisement for sale. D. Removal of vehicles. 1. Whenever any police officer finds a vehicle standing upon a highway -era street or road right -of --way in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle or require the driver or other persons in charge of the vehicle to move the same to a position off the paved or main traveled part of the highway or street. 2. Notwithstanding any other provision of this Article to the contrary, Police officers are hereby authorized to provide for the removal of any abandoned or unattended vehicle 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, or other place of safety when said abandoned vehicle is found unattended upon a bridge or any public highway, street or right-of-way in the Agwrewhere such vehicle constitutes an obstruction of traffic; § 168-3.1. Parking in fire lanes. A. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon any highway or street designated as a fire lane and appropriately marked as such by the City Fire Chief or his designee. B. �x� Notwithstanding any other provision of this Article to the contrary. whenever any police officer finds a vehicle standing upon a highway or street in violation of the foregoing provisions of this section, the police officer is authorized to provide for the removal of 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. C. )xenevefNotwithstanding any other provision of this Article to the contrary whenever the Fire Chief, Chief Officers, Fire Marshal, Fire Inspectors or Battalion Chiefs of the Fire Department find a vehicle standing upon a highway or street in violation of the foregoing provisions of this section, the foregoing Fire Department officials are authorized to provide for the removal of 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. § 168-4. Parking, stopping and standing prohibited. A. 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. 2. In front of a public or private driveway. I- Within an intersection. 4. On a crosswalk. 5. Within 15 feet of a fire hydrant. 6. Within 30 feet of any stop sign located at the side of a roadway. 7. Within 30 feet of the nearest rail of a railroad crossing. 8. Within 30 feet of the driveway entrance to any fire station and on the side of a street opposite. 9. On the roadway side of any vehicle stopped at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to a curb or street edge. 10. At any place where an official sign prohibits parking. 11. At any place that is designated as a handicapped parking place for handicapped persons, unless and except when said vehicle is duly permitted for parking therein by virtue of the fact that there is a handicapped occupant. 12. On both sides of a paved street that is less than 26 feet in width. For the purpose of this section, the width of the paved street is interpreted to be the entire paved area, to include ribbon curb or Miami curb, if either exists. The City's Street Department is responsible for posting the appropriate no -parking signs on one side of the street, as directed by the Chief of Police, prior to this section being enforced by the city's Police Department. Once installed, the removal of a no - parking sign by vandals or any other means will not be grounds to escape citation for illegal parking. 13. On either side of a paved street that is less than 17 feet wide. The City's Street Department is responsible for posting the appropriate no -parking signs on both sides of such a street prior to enforcement of this section by the Police Department. Once installed, the removal of a no -parking sign will not be grounds to escape citation. 14. In a cul-de-sac that has a radius of less than 30 feet. 15. Within a roadway other than parallel with the edge of the roadway, headed in the direction of the traffic and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, where all vehicles shall be parked at the angle to the curb indicated by such mark or sign. B. Whenever a police officer finds a vehicle to be stopped, standing or parked in violation of any of the foregoing provisions of this section, the officer is authorized 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. C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped, standing or parked f ��" in violation of any of the foregoing provisions of this section and a warning sticker has been conspicuously placed on the vehicle for at least 4824 hours pursuant to § 165-6 of the Code, then the officer is hereby authorized 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. § 168-4.1. Parking of commercial vehicles or buses on public property. A. The parking of commercial vehicles on 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 any truck or other vehicle having a rated capacity of over 1 1/2 tons. B. The parking of buses on 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 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 thaB ^furs and a warning sticker has been conspicuously placed on the vehicle for at least 4524 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 citation, as provided in § 168-5B of this Article, for the violation of any of the foregoing provisions with respect to such vehicle and such citation has not been contested, as provided in § 168-5C 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. § 168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of §§ 168-3, 168 ^ and 168 ^.' ^ 168-4.1. and 168-5 L In addition the Department of Police shall also be authorized to enforce §§ 168-3.1 and 168-6 Notwithstanding any other provision of this Chapter to the con au, any City of Ocoee police officer or any other Rason authorized by the Chief of Police may enforce the provisions contained in this Chapter and issue citations for the violations of any of the provisions of this Chanter. B. The Fire Department, through the officials listed in § 168-334LI1.C, shall alse-have the rim authority to enforce § 168-3.1 and issue citations for the violation of said § 168- -3--43.1C. C. Any person violating any of the provisions of §§ 168-3, §-168-3.1, 168-44. 1� 4.1 and/or X8-4 4.4-Manyother provision of this Article shall be issued the appropriate citation with the fine levied '�� +''� '- +;,,V `�'' '� c'ein accordance with the provisions of this Article. the ev�mer- D. arkiftg , .Parkin citations may only be contested in accordance with the requirements and procedures set forth in Section 168-2 of this Chapter. E. The towing of any vehicle pursuant to this Article shall subject the owner of such vehicle to towing fees reasonably necessitated by such removal and storage of the vehicle. The cost of such removal and storage shall be a lien against such vehicle. All such fees shall be paid directly to the towing service. & 168 5 1 Immobilization of Vehicles Bearing Outstanding Citations. A. The City may, by resolution after a public hearing preceded by at least seven days' notice of the hearing and the proposed action by publication In a newspaper of general circulation in the City of Ocoee institute a policy for the immobuization o vehicle bearing out�g citations issued pursuant to this Article. The provisions of this Section 168-5.1 shall apply only in the event the City institutes such a policy. B. Anv motor vehicle found parked at any time upon any street or in any off-street parking facility in the City of Ocoee against which there is one (1 ) outstanding ua&ing ciation for parking in a space designated for disabled parking or three (3) or mora ou s=ling parking citations for other parking violations within the preceding twelve_ (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. No such vehicle shall be immobilized by any means other than by the use of a device or 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 o the vehicle that: 1. such vehicle has been immobilized pursuant to and by the authority of Section 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 ursuant 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. § 168-6. Parking on private property. A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied, on any private property without the express or implied consent of the owner of the property. In the event that the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. B. Conformance required; exceptions. No owner of any private property shall consent to or acquiesce to the parking or storing of any motor vehicles, whether occupied or unoccupied, on any portion of the owner's property which has not been surfaced and otherwise improved in accordance with all of the off-street parking lot requirements set forth in the Land Development Code, except that this subsection shall not apply to the following: a. Public school property. b. Property which is owned, managed or operated by the city, including but not limited to recreational facilities, facilities for social gatherings or occasions, parks, swimming facilities, baseball fields, football fields, basketball courts, tennis courts and youth centers. C. Property which is zoned R-1, R -1-A, R -1 -AA, R -1 -AAA, R-2 or PUD Planned Development and has been improved with a dwelling. 2. The exceptions set forth above shall not be construed as creating any exemption from compliance with the provisions of the Land Development Code relating to off-street parking standards. C. The parking of commercial vehicles on privately owned streets and road rights-of-way or on any private property which is zoned residential, including residential planned unit developments, as established by the Land Development Code for the City, shall be prohibited except for loading and unloading purposes or as otherwise permitted by the Land Development Code. For the purposes of this section, a "commercial vehicle" is any truck and other vehicle having a rated capacity of over 1 1/2 tons. D. The parking of buses on privately owned streets and road rights-of-way or any private property which is zoned residential, 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 a 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. E. The Protective Inspections Department shall have the rim responsibility for the enforcement of this secfieaSection upon all privately owned property within all residential zoned districts provided however, the City of Ocoee Police Department and any person authorized by the Chief of Police shall also be authorized to enforce the rovisions of this Section and issue appropriate citations and/ or notices as applicable -, in connection therewith. § 168-6.1. Exceptions. Nothing contained in this Article shall prohibit the parking of vehicles of public or private utility companies on any public or private road, street or alley for the period of time required in the locating, relocating, servicing, testing or repair of equipment of such companies, nor shall the provisions herein be construed to prohibit parking of vehicles actually in use in the construction, repair or maintenance of any road, street or alley or when a commercial vehicle is engaged in a lawful construction or service operation on the site where it is parked. § 168-6.2. Load and weight limits on public roads. The City Engineer is hereby authorized to implement load and weight limit restrictions for city maintained roadways and intersections upon a determination by the City Engineer, supported by an engineering or traffic study, that a City maintained roadway or intersection, by reason of its design, deterioration, rain or other climatic or material causes, may be liable to be damaged or destroyed by motor vehicles, trailers or semi -trailers which exceed load and weight limits prescribed by the City Engineer. In the event that the City Engineer makes such a determination, then load and weight limitations may be imposed by the City Engineer by causing to be posted notice of such limitations at conspicuous places at the terminals of all intermediate crossroads and road junctions with the section of the City maintained roadway or intersection to which the notice applies. After any such notice has been posted, the operation of any motor vehicle contrary to such posting shall, pursuant to FS § 316.555, constitute a violation of Chapter 316, Florida Statutes. Nothing contained herein shall be construed to interfere with the right of the Florida Department of Transportation to establish detours over any such restricted City maintained roadways and intersections unless such load and weight limitation has been first approved by the Florida Department of Transportation. ARTICLE II Disposition of Infractions § 168-7. Adoption of provisions. The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318 of the Florida Statutes, as amended and supplemented, is hereby adopted. § 168-8. Ocoee Police Infraction Hearing Board. A. There is hereby established the Ocoee Police Infraction Hearing Board (the "Hearing Board"). The Hearing Board shall consist of five (5) members appointed by the Ciiv Commission all of which shall be residents or business owners from the City of Omee. The Hearing Board shall have the following powers and duties: 1. To hear contests to parking citations issued by the City of Ocoee and receive and evaluate evidence in connection therewith: and 2. Based on the evidence presented at such a hearing to make a determination as to whether the parking violation(s) listed in a citation were in fact committed; and 3. To impose fines and fees consistent with this Chapter. B. The Hearing Board shall consist of five (5) members two of which must be members of the Ocoee Police Advisory Board Additional members of the Hearing Board may also be members of the Ocoee Police Advisory Board The Hearing Board shall elect a Chairperson and a Vice Chairperson yearly from among its members. Members shall serve 2 -year terms at the pleasure of the City Commission. C. Three (3) members of the Hearing Board shall constitute a quorum. and no action may be taken if less than three (3) members are present and voting D. The Hearing Board shall adopt rules for transaction of its business and shall keep a record of its resolutions transactions findings and determinations Meetings of the Hearing Board shall be held at the call of the Chairperson and at such times as the Hearing Board may determine provided however that if the Chief of Police or his designee requests_a �_ ,moo 168 meeting of the Hearing Board to consider a contested citation as provided to Section - 2 D of this Chapter, then the ChaiMerson shall call a meeting of the Hearing Board within thirty (30)days of such request. E. If the Hearing Board determines that the parking violation(s) listed in the contested , it t in fact committed, the Hearing Board may impose a fine of up to jJdL1C111L' 1,11.0.1tvu w�,.1N 111 LuvL one hundred dollars ($100) for each violation or two hundred fifty dollars ($250) for each disabled parking violation plus hearing costs for the issuing officer's attendance. _§,-168-9. School Crossing Guard Pro�ra A. There is hereby imposed on all parking fines/civil penalties for parking violations a .w. -. , 11 __ C_- 41-- ---OP .,f fimrlmu the school crossmg euard program within the City of Ocoee. B. The proceects of suull zw%,uai %, o_.—_ -- - --- -- distributed in accordance with the applicable provisions of Florida Statutes Ch. 318.