HomeMy WebLinkAboutOrdinance 94-20
ORDINANCE NO. 94- 20
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CHAPTER 165 OF THE CITY CODE RELATING
TO JUNK AND ABANDONED VEHICLES, INCLUDING
PROVISIONS THEREOF RELATED TO DEFINITIONS,
PROHIBITED ACTS, PRESUMPTIVE EVIDENCE OF
ABANDONMENT, ENFORCEMENT ON PUBLIC PROPERTY,
ENFORCEMENT ON PRIVATE PROPERTY, AND REMOVAL
AND DESTRUCTION BY CITY; AMENDING ARTICLE I OF
CHAPTER 168 OF THE CITY CODE RELATING TO
VEHICLES AND TRAFFIC, INCLUDING PROVISIONS
THEREOF RELATED TO DEFINITIONS, PARKING,
STOPPING AND STANDING ON HIGHWAYS AND STREETS
AND THE REMOVAL OF VEHICLES FOR VIOLATIONS
THEREOF, PARKING OF COMMERCIAL VEHICLES OR
BUSES ON PUBLIC OR PRIVATE PROPERTY AND THE
ENFORCEMENT THEREOF INCLUDING THE REMOVAL FROM
PUBLIC PROPERTY, AND EXCEPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
SECTION 1. 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 316,
Florida statutes.
SECTION 2. Chapter 165 of the Code of Ordinances of the
City of Ocoee, Florida, is hereby amended to read as follows:
See Exhibit" A" attached hereto and by this
reference incorporated herein.
SECTION 3.
Article I of Chapter 168 of the Code of
Ordinances of the City of Ocoee, Florida, is hereby amended to read
as follows:
See Exhibit "B" attached hereto and by this
reference incorporated herein.
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.
SECTION 5. 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
ci ty; 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 6. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
2
r-th r
PASSED AND ADOPTED this ~ day of ~UL~
, 1994.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
;0--'
S.
ADVERTISED June 23 1994
READ FIRST TIME June 21 , 1994
READ SECOND TIME AND ADOPTED
:rl.lL.~ .( , 1994,
UNDER AG NDA ITEM NO. ~.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
AP~ROV..E.~ AS TO FORK Al;lP LEGALITY
thlS ":i tb. day of .:J V k~ , 1994.
I
FOLEY '!jPJJ~:R. ) A
By: ~) ~rJt;;p
city Attorney
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EXHIBIT "A" TO ORDINANCE NO. 94- 20
Chapter 165
VEHICLES, ABANDONED AND JUNK
S165-1. Title.
This chapter shall be referred to as the "Junk and Abandoned
Vehicle Ordinance of the City of Ocoee."
S165-2. Definitions.
In construing this chapter, the following terms shall have the
meanings indicated:
ABANDONED VEHICLE - When uocd in oonneotion with "junJc
vehicle", property having a vehicle which is deemed to be
abandoned pursuant to this chapter or which has no
monetary value other than nominal salvage value, if any,
which has been left unprotected from the elements with no
intention by the owner to remain in possession of the
property.
ENFORCEMENT OFFICER - The officer officers designated by
the City commission to enforce the provisions of this
chapter. For the purposes of enforcinq the provisions of
section 165-6 of this Chapter. the officers of the Ocoee
Police Department are herebY desiqnated as Enforcement
Officers. For the purpose of enforcinq the provisions of
section 165-7 of this Chapter. the employees of the
Protective Inspections Department are hereby desiqnated
as Enforcement Officers.
JUNK VEHICLE - When uoed in oonneotion wi th "~...ehiole, "
a vehicle which is dismantled, wrecked, junked and/or
nonoperating.
KEEP When uoed in connection \Jith "junJc vehicle," property
h~ving no monet~ry value other than nomin~l oalvage v~lue, if
any, which h~o been left unprotected from the elemento with
intention by the o\:ner to rem~in in poooeooion of the
property.
PERSONS - Individuals, children, firms, associations,
joint ventures, partnerships, estates, trusts, business
trusts, syndicates, fiduciaries, corporations and all
other groups or combinations.
PRIVATE PROPERTY - Any real property other than public
property in the City of Ocoee. located within the
corporate limits of the city of Ocoee except for public
property and real property owned or leased bY Oranqe
County.
PUBLIC PROPERTY - Ro~da Public roads, streets, alleys,
highways or other public riqhts-of-way or easements
located within the corporate limits of the City of Ocoee
which are under the iurisdiction and within the
reasonable exercise of the police power of the city and
real property owned in fee title bY the city of Ocoee.
state roads are excluded from the definition of public
property.
VEHICLE - Every device in, upon or by which any person or
property is or may be transported or drawn upon a
highway, roadway, street or public right-of-way,
excepting devices used exclusively upon stationary rails
or tracks.
S165-3. Prohibited acts.
A. No person shall ~bandon or keep any abandoned or junk
vehicle on any public property or any private property
within the corporate limits of the City of Ccoee city,
except on private property as provided for in S165-5.
B. No vehicle shall be left parked in the same place
continuously upon any public street, ~lley, public parlc
or p~rklimya property of the city for aeventy t,JO (72)
forty-eiqht (48) hours.
S165-4. Presumptive evidence of abandonment.
A. Any vehicle left parked in the same place continuously
upon any public atreet, ~lley, public parlc or p~rlcw~y of
the city property for a period of oevent}" two (72)
forty-eiqht (48) hours shall be considered for the
purpose of this chapter as abandoned.
B. It shall be prima facie evidence that a motor vehicle is
nonoperating if one (l) or more of the following
conditions exist:
(l) The absence of a currently registered license plate
on a vehicle. Vehicleo that do not require licenoe
plateo, ouch ~a tractoro and race c~ro, ahall not
fall into thio oubc~tegory. unless such vehicle is
not required to have a licensed plate.
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(2) A vehicle with one (1) or more flat tires or other
visible signs that a vehicle is not capable of
propelling itself down a roadway.
Anv non-ooeratinq vehicle shall be considered. for the
ourooses of this chaoter. as abandoned.
c. Any vehicle left parked in the same place continuously
upon any private property for a period of time such that
grass is grown up around it obscuring any part of it from
view and/or such that there is dead grass under the
vehicle from the vehicle having shielded the grass from
the nutrients required for growth, without being moved,
shall be considered, for the purposes of this chapter,
abandoned. In general, this period of time will be
interpreted to be in excess of fifteen (15) calendar
days.
D. Any vehicle that is placed upon blocks and remains in
this inoperable condition for more than fifteen (15)
calendar days shall also be, for the purposes of this
chapter, abandoned.
S16S-S. Exceptions.
This chapter shall not apply to any abandoned or junk vehicle kept:
A. within an enclosed garage or attached carport.
B. On the premises of a business enterprise when necessary
to the functioning of such business operated in a lawful
place and manner.
c. In an appropriate storage area or depository maintained
in a lawful place and manner.
S16S-6. Public property; enforcement.
A. Whenever the Enforcement Officer of the city of Ocoee
city ascertains that a an abandoned or junk vehicle is
present on public property of the city of Ocoee, he shall
cause a notice of sufficient size and weatherproofing to
be consoicuouslv placed upon the abandoned or junk
vehicle. In addition to said posting, he shall make a
reasonable effort to ascertain the name and address of
the owner and, upon such discovery, shall attempt to
notify the owner either in person or by certified mail on
the date of posting a copy of said notice to the owner.
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B. Notice shall be substantially in the following form:
City of Ocoee Police Department
175 North Bluford Avenue, Ocoee, Florida 32761
407/656-1313
***WARNING***
THIS VEHICLE MAY BE IMPOUNDED IF IT IS NOT REMOVED
WITHIN ~ 48 HOURS
.......
DAY .......... TIME ............... MONTH ............
DATE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MAKE
. . . . . . . . . . . . . .. MODEL .............. LICENSE # ...........
OFFICER ................. BADGE # ...........................
C. If at the end of oC.v'cnty biO (72) forty-eiqht (48) hours
after posting such notice the owner of the abandoned or
junk vehicle described in the notice has not removed the
vehicle from the public property or shown reasonable
cause for failure to do so, the Enforcement Officer may
charge the owner, if known, with a Code violation and
cause the abandoned or junk vehicle to be removed ~
diopODCd of undcr S165 9. at the owner's expense.
Notification of the towinq shall be made to the owner
within twenty-four (24) hours ~ after towing.
D. Notwithstandinq any prOV1Slons of the Code to the
contrary. a violation of this section shall subiect the
owner of such abandoned or iunk vehicle to towinq fees
reasonably necessitated bY such removal and storaqe of
the abandoned or iunk vehicle. The costs of such removal
and storaqe shall be a lien aqainst such abandoned or
iunk vehicle. All such fees shall be paid directly to
the towinq service.
S16S-7. Private property.
Ao Whenever the Enforcement Officer of the ~ City
ascertains that a an abandoned or junk vehicle is present
on private property within thc corporatc limitD of the
city, hc Dhall . the Code Enforcement Officer shall
attempt to make direct contact with the property owner or
tenant where the junlc/ abandoncd abandoned or iunk vehicle
is located and issue said person a notice to remove the
vehicle in question. The Enforcement Officer may also
elect to make contact with the owner of the vehicle. If
direct contact is not made with the property owner or
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owner of the vehicle. the property owner shall be
notified in compliance with section 7-6(B) of Chapter 7
of the Code. The property ouner will then aa.Je fifteen
calendar aays to remove the ~ehiole or brin~ the ~ehicle
into compliance ,lith the City Code. If the property owner
failo to do 00, the Enforcement Officer will forward the
notice to remove to the adminiotrative otaff of the Code
Enforcement Board for aiopooition of thio oaDe.
B. The Code Enforcement Boardlo adminiDtrati~e staff will
cauoe the noncomplying property owner to be Derviced with
notice of the hearing by either hand delivered written
notice or certified mail, return receipt requeoted, in
accordance ,lith the Code Enforcement Board 1(3 ruleD of
procedure.
C. The o~mer of the junlc vehicle Dhall have the right,
except in caoeD of emergency, to appeal the decioion of
the Enforcement Officer to the City Code Enforcement
Board at a opecified time and place to OhQ'i;l caUDe \lhy he
ohould not comply yith ouch notice.
S165-8. Enforcement officer; right of entry; identification.
A. The Enforcement Officer shall have the right to enter
private property for the purposes of inspecting for
abandoned and junk vehicles and ~ posting notice when
the same shall have been discovered in violation of this
chapter.
B. The Enforcement Officer shall wear the appropriate
clothing and/or a badge which shall visibly identify him
as an agent of the city when he enters private property
for the purposes of Subsection A above.
S165-9. Removal and destruction by city.
The City Commission of the City of Ocoee is hereby authorized and
empowered to contract on an exclusive or nonexclusive basis with
any person, firm or corporation as the Board Commission deems
advisable for the purpose of removing and destroying abandoned and
junk vehicles abandoned or kept on public or private property in
violation of this chapter ~. Upon direction of -t:fte an
Enforcement Officer. any such towinq service is herebv authorized
and empowered to remove a vehicle which is in violation of this
Chapter.
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EXHIBIT "B" TO ORDINANCE NO. 94 - 20
ARTICLE I
General provisions
S168-1. 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 section 316.003. Florida Statutes. as
from time-to-time amended. shall be applicable to this Article.
S168-2. Fines.
The schedule of fines delineated below for parking violations
within the city is hereby adopted:
A. All parking violations within the city shall be fined in
the amount of ten dollars ($10) for each infraction so
long as said fine is paid within seventy-two (72) hours.
B. Fines that are paid after seventy-two (72) hours but
prior to one (1) week shall be in the amount of fifteen
dollars ($15).
C. Fines that are paid after one (1) week of the citation
being issued but less than two (2) weeks shall be in the
amount of twenty-five dollars ($25).
D. Fines that have not been paid within two (2) weeks of the
issuance of the citation will result in the owner of
record of the vehicle that was parked illegally being
notified of the citation, via the united states Mail, by
the County Court, in accordance with the Florida
Statutes.
S168-3. Parking, stopping and standing on hiqhwav or street.
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 two hundred (200)
feet in each direction upon a 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. Removal of vehicles.
(1) Whenever any police officer finds a vehicle
standing upon a highway or street 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) Police officers are hereby authorized to provide
for the removal of any abandoned or unattended
vehicle to the nearest garage or the storaqe area
of anv person. firm or corporation who has
contracted with the ci tv as provided in Section
165-9 of the Code. or other place of safety, the
coot of ouch removal to be a lien againat the motor
vehicle, when said abandoned vehicle is found
unattended upon a bridge or any public highway,
street or right-of-way in the following instances:
(a) Where such vehicle constitutes an obstruction
of traffic.: or
(b) Where such vehicle has been parked or stored
on the public right-of-way for a period
exceeding forty-eight (48) hours in other than
designated parking areas and is within the
city right-of-way, and a warning sticker has
been conspicuouslv placed on the vehicle
pursuant to S165-6 of Chapter 165, Vehiclea,
Abandoned, of the City Code.
D. No peroona ahall otand or parle a vehicle in a roadway
other than parallel \lith the edge of the roadway, headed
in the direction of the traffic and with the curbaide
wheelo of the vehicle ~li thin twel ~Je (12) inchea of the
edge of the road'Wiay, eKcept upon a otreet 'Wihich haa been
marleed or a oign erected for angle parking, \lflere all
vehicles ohall be parked at the angle to the curb
indicated by ouch marle or aign.
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S168-4.
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:
A ~. On a sidewalk.
B~. In front of a public or private driveway.
e ~. within an intersection
B i. On a crosswalk.
B 2. within fifteen (15) feet of a fire hydrant.
F g. within thirty (30) feet of any stop sign located at
the side of a roadway.
G l. within thirty (30) feet of the nearest rail of a
railroad crossing.
H ~. within thirty (30) feet of the driveway entrance to
any f ire station and on the side of a street
opposite.
~ ~. 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.
J. 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.
I:r 12.
On both sides of a paved street that is less
than twenty-six (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 (1) side
of the street, as directed by the Chief of
POlice, prior to this section being enforced
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M 13.
=
N 14.
Do15.
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.
On either side of a paved street that is less
than seventeen (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.
In a cul-de-sac that has a radius of less than
thirty (30) feet.
within a roadwav other than parallel with the
edqe of the roadway. headed in the direction
of the traffic and with the curbside wheels of
the vehicle within twelve (12) inches of the
edqe of the roadway. except upon a street
which has been marked or a siqn erected for
anqle parkinq. where all vehicles shall be
parked at the anqle to the curb indicated bY
such mark or siqn.
~ Whenever a police officer finds a vehicle to be stopped.
standinq or parked in violation of any of the foreqoinq
provisions of this section. the officer is authorized to
require the dr i ver or other person in charqe of the
vehicle to move the vehicle so as not to be in violation
of any of the foreqoinq provisions of this section.
C. Whenever a police officer finds an abandoned or
unattended vehicle to be stopped. standinq or parked for
more than forty-eiqht (48) hours in violation of any of
the foreqoinq provisions of this section and a warninq
sticker has been conspicuouslY placed on the vehicle for
at least forty-eiqht (48) hours pursuant to section 165-6
of the Code. then the officer is hereby authorized to
provide for the removal of any such vehicle to the
nearest qaraqe or to the storaqe area of any person. firm
or corporation who has contracted with the city as
provided in section 165-9 of the Code.
~168-4.1 Parkinq of commercial vehicles or buses on pUblic
property.
A. The parkinq of commercial vehicles on public streets and
road riqhts-of-way wi thin any residential zoned district.
includinq residential planned unit developments. as
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B.
C.
established bY the Land Development Code for the city.
shall be prohibited. except for loadinq 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 havinq a rated
capacity of over one and one-half (1~) tons.
The parkinq of buses on public streets and road riqhts-
of-way within any residential zoned district. includinq
residential planned unit developments. as established bY
the Land Development Code for the city. shall be
prohibited. except in desiqnated bus parkinq 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 desiqnated specificallY for the
transportation of people for commercial purposes or
transportation of students both public and private.
Whenever a police officer finds a commercial vehicle or
bus to be parked in violation of any of the foreqoinq
provisions of this section. the officer is authorized to
take the followinq actions:
1. If the vehicle is occupied. to require the driver
or other person in charqe of the vehicle to move
the vehicle so as not to be in violation of any of
the foreqoinq provisions of this section.
2. If the vehicle has been parked in violation of the
foreqoinq provisions of this section for more than
forty-eiqht (4B) hours and a warninq sticker has
been conspicuouslY placed on the vehicle for at
least forty-eiqht (4B) hours pursuant to section
165-6 of the Code. to provide for the removal of
any such vehicle to the nearest qaraqe or to the
storaqe area of any person. firm or corporation who
has contracted with the city as provided in section
165-9 of the Code.
~ If the vehicle is unoccupied or unattended and
within the past ninety (90) days the owner of such
vehicle has been issued a citation. as provided in
section 16B-5.B of this Article. for the violation
of any of the foreqoinq provisions with respect to
such vehicle. and such citation has not been
contested. as provided in section 16B-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 qaraqe or the storaqe
area of any person. firm or corporation who has
contracted with the city as provided in section
165-9 of the Code.
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S168-5.
S168-6.
Enforcement.
A.
The Department of Police shall have the primary
responsibility for enforcement of SS168-3 aRa. 168-4 ~
168-4.1.
B.
Any person violating any of the provisions of SS168-3
aRa. 168-4 and/or 168-4.1 shall be issued the appropriate
citation with the fine levied by the existing City Code.
C.
If the Deportment of rolice determinea 0 vehicle to he
parke~ more than forty eight (48) hoora in violation of
the Code, 0 parlcing citotion aaoll be iaaued ona the
'\~ehicle moy he tmiea by on authorized towing- aer.-ice. The
fee for the touing- of aoid yy.ehicle aholl he the burden of
the owner of aoid vehicle. It ahall be paid directly to
the tmdng aervice.
B ~.
If the owner of the vehicle chooses to contest a parking
citation, the owner may fill out the required formes) at
police headquarters, requesting a hearing in County
Court.
D.
The towinq of any vehicle pursuant to this Article shall
subiect the owner of such vehicle to towinq fees
reasonablY necessitated bv such removal and storaqe of
the vehicle. The cost of such removal and storaqe shall
be alien aqainst such vehicle. All such fees shall be
paid directlY to the towinq service.
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.
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
Zoning Ordinanoe Land Development Code, except that this
subsection shall not apply to the following:
(1) Public school property.
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C.
D.
E.
(2) Property which is owned, managed or operated by the
ci ty , 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.
(3) Property which is zoned R-l, R-l-A, R-l-AA,
R-l-AAA, R-2 or PUD Planned Development and has
been improved with a dwelling.
(4) rroperty ...lhicn haD beeR. improved w~ t~ a Dtruct';lre
,..hoDC pr1.mary purpoDc 1.D for rel1.g1.ouD 'l1or13h1.p,
,..hich haD ;1t leaot weelcly Dcheduled Derviceo ;1nd
h;1o a congregation of at le;1Dt fifty (SO) memberD.
The exceptions set forth above shall not be construed as
creatinq any exemption from compliance with the
provisions of the Land Development Code relatinq to off-
street parkinq standards.
The parkinq of commercial vehicles on privatelY owned
streets and road riqhts-of-way or on any private property
which is zoned residential. includinq residential planned
unit developments. as established by the Land Development
Code for the city. shall be prohibited except for loadinq
and unloadinq 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
havinq a rated capacity of over one and one-half (l~)
tons.
The parkinq of buses on privatelv owned streets and road
riqhts-of-way or any private property which is zoned
residential. includinq residential planned unit
developments. as established bY the Land Development Code
for the city. shall be prohibited. except in desiqnated
bus parkinq areas approved bv the city as part of a
special exception or a conditional use. For the purposes
of this section. a bus is a vehicle desiqnated
specificallY for the transportation of people for
commercial purposes or transportation of students both
public and private.
The Protective Inspections Department shall have the
responsibility for the enforcement of this section upon
all privatelY owned property within all residential zoned
districts.
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~168-6.1. ExceDtions.
Nothinq contained in this article shall prohibit the parkinq
of vehicles of public or private utilitv companies on any
public or private road. street or alley for the period of time
required in the locatinq. relocatinq. servicinq. testinq or
repair of equipment of such comp'anies. nor shall the
provisions herein construed to proh1bit parkinq of vehicles
actually in use in the construction. repair. or maintenance of
any road. street. or alley or when a commercial vehicle is
enqaqed in a lawful construction or service operation on the
site where it is parked.
S168-6.2. 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 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 section 316.555,
Florida statutes, consti tute 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.
C:\WP51 \OOCS\OCOE\CHAPI68.NEW 16115194 [ DEBBIE" I PER:dh
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