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HomeMy WebLinkAboutItem #22 Creation of Ocoee Police Infraction Hearing Board AGENDA ITEM COVER SHEET Meeting Date: July 17, 2007 Item # 2..2-. ~ -- Contact Name: Contact Number: Beth Eikenberry X1022 Reviewed By: Department Director: City Manager: Subject: Creation of the Ocoee Police Infraction Hearing Board Background Summary: Ordinance 2007-007, adopted May 15,2007, amends Chapter 168 ofthe City ofOcoee Code of Ordinances and calls for the creation of the Ocoee Police Infraction Hearing Board as follows: The Hearing Board shall consist of seven (7) members, two of which must be members of the Citizens Advisory Council of the Ocoee Police Department. Additional members of the Hearing Board may also be members of Citizens Advisory Council of the Ocoee Police Department. All members of the Hearing Board shall be residents or business owners from the City of Ocoee. Each member of the City Commission shall appoint a member of the Hearing Board. The other two members of the Hearing Board shall be appointed by the City Commission from among the membership of the Citizens Advisory Council of the Ocoee Police Department. The Chief of Police shall provide the City Commission with his recommendation as to the appointees from the Citizens Advisory Council of the Ocoee Police Department. Members of the Hearing Board shall serve 2-year terms; provided, however, that the initial members of the Hearing Board appointed by each City Commissioner shall serve a term of one year. Issue: Should the Mayor and Commission approve the members of the Ocoee Police Infraction Hearing Board as submitted by Police Chief Reffett. Recommendations Staff recommends approval of the two appointments to the Ocoee Police Infraction Hearing Board, as selected from the members of the Citizens Advisory Council of the Ocoee Police Department (CACOPD) and recommended by Police Chief Reffett Attachments: Letters (2) from Police Chief Reffett recommending Appointments Ordinance 2007-007 . Financial Impact: None Type of Item: (please mark with an "x') Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's DeDt Use: ~ Consent Agenda ~ Public Hearing _ Regular Agenda City of Ocoee Florida Mayor S. Scott Vandergrift Commissioners Gary Hood District 1 Scott Anderson District 2 Rusty Johnson District 3 Joel F. Keller District 4 City Manager Robert D. Frank Police Chief Ronald L. Reffett . (enter of Good L . S\"\e It/Ii> July 9, 2007 City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Honorable Mayor and Commission, I respectfully request that the following individual be considered for appointment to the City of Ocoee Hearing Board as my choice. He has served honorably and with enthusiasm and dedication on the City o'fOcoee Citizen's Advisory Board and is familiar with the City of Ocoee community and the legal system, having been a magistrate in Osceola County. Considering his community spirit and legal background I therefore. recommend Robert Minarcin as my appointee to the board. Thank you for your consideration in this matter. Sincerely, City of Ocoee · 175 N. Bluford Avenue · Ocoee, Florida 34761 phone: (407) 905-3160. fax: (407) 656-0218 · www.ci.ocoee.tlus City of Ocoee Florida Mayor S. Scott Vandergrift Commissioners Gary Hood District 1 Scott Anderson District 2 Rusty Johnson District 3 Joel F. Keller District 4 City Manager Robert D. Frank Police Chief Ronald L. Reffett (.~nter of GOod I . ".e ~ ./l" .", \'\ JJ~. ;;1 July 9, 2007 City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Honorable Mayor and Commission, I respectfully request that the following individual be considered for appointment to the City of Ocoee Hearing Board as my choice. He has served honorably and with enthusiasm and dedication on the City ofOcoee Citizen's Advisory Board and is familiar with the City ofOcoee community. He is a member of the Neighborhood on Watch Program and takes great pride in being an active and participating member of his community. I therefore. recommend Louis R. Torres as my appointee to the board. Thank you for your consideration in this matter. Sincerely, City of Ocoee · 175 N. Bluford Avenue · Ocoee, Florida 34761 phone: (407) 905-3160 · fax: (407) 656-0218. www.ci.ocoee.fl.us ORDINANCE NO. 2007-007 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; PROmBITING VEmCLES 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. Authoritv. 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. Chanter 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-Iettered 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-Iettered 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. SECTION 5. Effective Date. This Ordinance shall become effective on June 1, 2007. [REMAINDER OF P AGE INTENTIONALLY LEFT BLANK] ORLA_ 422029.3 -2- PASSED AND ADOPTED this 151W day of M(). y ,2007. ATTEST: (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LJ,GALITY A A this (5 day of I vlCt Y , 2007. - / ::Lr::rfl:1tJ City Attorney ORLA_ 422029.3 APPROVED: ADVERTISED Nt (). Y (p , 2007 READ FIRST TIME M~ I ,2007 READ SECOND TIME D ADOPTED --LfI a~ I 5 , 2007 UNDE AGENDA ITEM NO. I 0 -3- EXHIBIT "A" CHAPTER 168 VEmCLES 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 S 316.003, as from time to time amended, shall be applicable to this article. ~ 168-2. FiBesFees. Penalties and Procedures. The schedule of fines delineated belo'.',' for parking violations within the city is hereby adopted: A. "\11 parking violations within the city shall be fined Exceot as orovided in Section 168- 2m) below. a citation issued in connection with the violation of anv orovision of this Section (each. a "oarkin!2: violation" or "oarkin!2: infraction" for ourooses of this Article onlv) shall carrv a fine in the amount of $10 for each infraction fom ($40) dollars for each oarkin!2: violation so long as said fme is paid within 72 hours. fourteen (14) calendar davs. B. Fines that are paid after 72 hours but prior to one '.yeek shall be in the amount of $15. A citation issued for oarkin!2: or standin!2: in a oarkin!2: soace desi!2:nated for Handicao or Disabled oarkin!2: without the aoorooriate oermit shall carrv a fine in the amount of two hundred and fiftv ($250) dollars for each infraction as 10n!2: as said fine is oaid within fourteen (14) calendar davs. C. Fines that are paid after one 'Ncek of the citation being issued but less than tv?O '.veeks shall be in the amount of $25. Anv oerson receivin!2: a oarkimr citation shall. within fourteen (14) calendar davs from the date of issuance of the citation. do one of the followin!2:: (i) oav the civil oenaltv ore scribed on the citation. or (ii) elect to contest the citation bv comoletin!2: the "Contestin!2: Affidavit" attached to the citation and deliverin!2: ORLA_ 422029.3 -4- the comoleted Contestim.!: Affidavit tOflether with a filinfl fee in the amount of ten dollars ($10.00) to the Chief of Police. his desiflnee or such other oerson that mav be desiflnated on the citation. The filinfl fee shall be non-refundable unless the Chief of Police or his desiflnee determines that a oarkinfl violation did not occur as movided in Section 168- 2(D) below or the Ocoee Police Infraction Hearinfl Board determines that the oarkinfl violation did not occur. Anv oerson who fails to oav the civil oenaltv mescribed on the citation or deliver the Contestinfl Affidavit as set forth herein within fourteen (4) calendar davs from the date of issuance of the citation shall incur a delinauent fee of fifteen ($15) dollars and be deemed to have waived his/her riflht to contest the merits of such citation. Anv oerson electinfl to contest a citation oursuant to this oaraflraoh shall be deemed to have waived his/her riflht to oav the civil oenaltv mescribed on the citation and mav be subiect to additional fines and fees if same are imoosed bv the Ocoee Police Infraction Hearinfl Board oursuant to Section 168-8 of this Chaoter. D. Fines that ha'/e not been paid '.vithin two v/eeks 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 Uoon receiot of a Contestinfl Affidavit. the Chief of Police or his desiflnee shall review such affidavit and make a determination as to whether. based on the evidence oresented on the Contestinfl Affidavit. a oarkinfl infraction has been committed. If the Chief of Police or his desiflnee determines. based on the evidence oresented in the Contestinfl Affidavit. that no oarkinfl infraction has been committed. then the Chief of Police or his desiflnee shall void the citation. orovide written notice of same to the oerson who submitted the Contestinfl Affidavit and refund the filinfl fee. If the Chief of Police or his desiflnee determines. based on the evidence oresented in the Contestinfl Affidavit. that there is orobable cause to believe that a oarkinfl violation has occurred. then the Chief of Police or his desiflnee shall reauest a hearinfl before the Ocoee Police Infraction Hearinfl Board to consider the contested citation. E. Civil oenalties or fines collected oursuant to this Section that be disbursed as follows: 1. Fifty oercent (50%) of each traffic violation shall be deoosited into the City's General Fund maintained bv the City Finance Deoartment. 2. The remaininfl fifty oercent (50%) of each traffic violation shall be divided as follows: a. Five ($5) dollars of each traffic violation oaid shall be deoosited into a School Crossinfl Guard Fund and maintained bv the City Finance Deoartment. b. The remaininfl funds are to be deoosited into the Ocoee Police Deoartment's Fines and Forfeiture account. ORLA_ 422029.3 -5- F. Procedures uoon Non-Comoliance with Parkin2 Violation Notice. L The Ocoee Police Deoartment shall acceot oavment of civil oenalties for oarkin2 violations and issue receiots therefore. The Ocoee Police Deoartment shall maintain a record of such civil oenalties and shall dailv reoort the monies collected and deoosited in the City's deoositorv bank to the City Finance Deoartment. 2. If the re2istered owner of a motor vehicle to which a oarkin2 citation has been affixed thereto does not resoond to such notice within fourteen (14) calendar davs of the date of the such notice. a fifteen ($15) dollar delinauent fee oer violation a2ainst the re2istered owner of the motor vehicle which was cited shall be accessed. Notice of the oarkin2 violation and the failure to comolv therewith shall be sent to the re2istered owner of the vehicle. Such notice shall direct the recioient to resoond within ten (10) calendar davs. 3. Citations not oaid mav be referred to a collection a2encv. 4. The Chief of Police or his desi2nee is herebv authorized and directed to suoolv the State of Florida Deoartment of Hi2hwav Safety and Motor Vehicle with a ma2neticallv encoded comouter taoe reel or cartrid2e. which is machine readable bv the installed comouter svstem at said Deoartment listin2 oersons who (i) have three (3) or more outstandin2 oarkin2 violations. or (ii) one (1) or more oarkin2 violation(s) of Florida Statutes ~316.1955 or Florida Statutes ~316.l956. or anv City ordinances which re2ulate similar oarkin2 in soaces desi!:mated for use bv disabled oersons. ~ 168-3. Parking, stopping and standing on highway or street orohibited. 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 oerson shall oark or leave standin2 anv vehicle or trailer. whether attended or unattended. uoon the road ri2ht of wav. with si2na!!e indicatin2 "For Sale". "For Offerin2" or other advertisement for sale. ORLA_ 422029.3 -6- D. G:-Removal of vehicles. 1. Whenever any police officer finds a vehicle standing upon a highwaY-Bf~ street or road ril!ht-of-wav 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. Notwithstandinl! anv other orovision 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 S 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 follo"ving instances: where such vehicle constitutes an obstruction of traffic. 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 18 hours in other than designated parking areas and is within the city right of "vay, and a warning sticker has been conspicuously placed on the vehicle pursuant to 9 165 6 of Chapter 165 of the City Code. ~ 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. 'Nhenever Notwithstandinl! anv other orovision 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 S 165-9 of the Code. C. Whenever Notwithstandinl! anv other orovision of this Article to the contrary. whenever the Fire Chief, Chief Officers, Fire Marshal, Fire Inspectors or Battalion Chiefs of the Fire Department fmd 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 S 165-9 of the Code. ORLA_ 422029.3 _ 7- ~ 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. 3. 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. 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. ORLA_ 422029.3 13. 14. 15. In a cul-de-sac that has a radius of less than 30 feet. 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. -8- 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 for more than 18 hours 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 48-24 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 for more than 18 hours and a warning sticker has been conspicuously placed on the vehicle for at least 48-24 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, ORLA_ 422029.3 -9- ORLA_ 422029.3 for the violation of any of the foregoing provisions with respect to such vehicle and such citation has not been contested, as provided in S 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, ftrm or corporation who has contracted with the city as provided in S 165-9 of the Code. -10- S 168-5. Enforcement. A. The Department of Police shall have the primary responsibility for enforcement of SS 168-3, 168-1 and 168 1.1. 1. 168-4.1. and 168-5.1. In addition. the Denartment of Police shall also be authorized to enforce ~~ 168-3.1 and 168-6. NotwithstandinQ. any other nrovision of this Chanter to the contrary. any City of Ocoee nolice officer or any other nerson authorized bv the Chief of Police may enforce the nrovisions contained in this Chanter and issue citations for the violations of any of the nrovisions of this Chanter. B. The Fire Department, through the officials listed in S 168-~3.1.C, shall af.se-.-have the nrimarv authority to enforce S 168-3.1 and issue citations for the violation of said S 168- ;A-3.1.C. C. Any person violating any of the provisions of SS 168-3, ~168-3.1, 168-4-4. 168-4.1 and/or 168 1.1 any other nrovision of this Article shall be issued the appropriate citation with the fine levied by the existing City Code in accordance with the nrovisions of this Article. D. If the ovmer of the vehicle chooses to contest a parking citation, the owner may fill out the required form(s) at police headquarters, requesting a hearing in County Court. ParkinQ. citations may only be contested in accordance with the reQuirements and nrocedures set forth in Section 168-2 of this Chanter. 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. S 168-5.1. Immobilization of Vehicles Bearin!! Outstandin!! Citations. A. The City may. bv resolution after a nublic hearinQ. nreceded bv at least seven days' notice of the hearinQ. and the nronosed action bv nublication in a newsnaner of Q.eneral circulation in the City of Ocoee. institute a nolicv for the immobilization of vehicles bearinQ. outstandinQ. citations issued nursuant to this Article. The nrovisions of this Section 168-5.1 shall annlv only in the event the City institutes such a nolicv. B. Anv motor vehicle found narked at any time unon any street or in any off-street narkinQ. facility in the City of Ocoee aQ.ainst which there is one (1) outstandinQ. narkinQ. citation for narkinQ. in a snace desiQ.nated for disabled narkinQ. or three (3) or more outstandinQ. narkinQ. citations for other narkinQ. violations within the nrecedinQ. twelve (12) calendar months. for which no hearinQ. has been reQuested within the reQuisite time neriod nrovided in this Article. may be immobilized in such a manner as to nrevent its oneration. No such vehicle shall be immobilized bv any means other than bv the use of a device or other mechanism that will cause no damaQ.e to such vehicle unless it is moved while such device or mechanism is in olace. ORLA_ 422029.3 -11- C. It shall be the duty of the oolice officer or other authorized oerson immobilizim! such motor vehicle. or under whose direction such vehicle is immobilized. to oost on such vehicle. in a consoicuous olace. notice sufficient to inform the owner or ooerator of the vehicle that: 1. such vehicle has been immobilized oursuant to and bv the authority of Section 168-5.1 ofthe City ofOcoee Code of Ordinances: and 2. the owner of such immobilized vehicle. or other dulv authorized oerson. shall be oermitted to reoossess or to secure the release of the vehicle uoon oavment to the City of Ocoee of the aoolicable fee for removal of the immobilization device and all outstandinQ: fees and oenalties due in connection with anv outstandinQ: citation{ s) that necessitated the immobilization of the vehicle. D. It shall be unlawful for anvone. exceot for a oolice officer or such other oerson authorized bv the Chief of Police. to remove or attemot to remove. tamoer with. or in anv wav damaQ:e or alter the immobilization device. E. Anv vehicle immobilized oursuant to this Section mav be towed or otherwise moved to the nearest Q:araQ:e or to the storaQ:e area of anv oerson. firm or corooration who has contracted with the city as orovided 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. 1. 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-l-AA, R-l-AAA, R-2 or PUD Planned Development and has been improved with a dwelling. ORLA_ 422029.3 -12- 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 orimarv responsibility for the enforcement of this section Section upon all privately owned property within all residential zoned districts. orovided. however. the City of Ocoee Police Deoartment and anv oerson authorized bv the Chief of Police shall also be authorized to enforce the orovisions of this Section and issue aoorooriate citations and! or notices. as aoolicable. 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 semitrailers 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 ORLA_ 422029.3 -13- to such posting shall, pursuant to FS S 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. S 168-8. Ocoee Police Infraction Hearin!! Board. A. There is herebv established the Ocoee Police Infraction Hearing Board (the "Hearing Board"). The Hearing Board shall have the following Dowers and duties: 1. To hear contests to oarking citations issued bv the City of Ocoee and receive and evaluate evidence in connection therewith: and 2. Based on the evidence oresented at such a hearing. to make a determination as to whether the oarking violation( s) listed in a citation were in fact committed: and 3. To imoose fines and fees consistent with this Chaoter. B. The Hearing Board shall consist of seven (7) members. two of which must be members of the Citizens Advisory Council of the Ocoee Police Deoartment. Additional members of the Hearing Board may also be members of Citizens Advisory Council of the Ocoee Police Deoartment. All members of the Hearing Board shall be residents or business owners from the City of Ocoee. The Hearing: Board shall elect a Chairoerson and a Vice- Chairoerson yearly from among its members. C. Each member of the City Commission shall aoooint a member of the Hearing Board. The other two members of the Hearing Board shall be aooointed bv the City Commission from among the membershio of the Citizens Advisory Council of the Ocoee Police Deoartment. The Chief of Police shall orovide the City Commission with his recommendation as to the aooointees from the Citizens Advisory Council of the Ocoee Police Deoartment. If a member of the Hearing Board who is aooointed from the membershio of the Citizens Advisory Council of the Ocoee Police Deoartment ceases to be a member of the Citizens Advisory Council of the Ocoee Police Deoartment. then such oerson shall also cease to be a member of the Hearing Board. Members of the Hearing Board shall serve 2-vear terms: orovided. however. that the initial members of the Hearing Board aooointed bv each City Commissioner shall serve a term of one vear. ORLA_ 422029.3 -14- D. Three (3) members of the Hearinll Board shall constitute a QUorum. and no action may be taken if less than three (3) members are Dresent and votinll. E. The Hearinll Board shall adoot rules for transaction of its business and shall keeo a record of its resolutions. transactions. findinlls and determinations. Meetinlls of the Hearinll Board shall be held at the call of the Chairnerson and at such times as the Hearinll Board may determine. Drovided. however. that if the Chief of Police or his desil2:Ilee reQuests a meetinll of the Hearinll Board to consider a contested citation as Drovided in Section 168- 2.D of this Chaoter. then the Chairnerson shall call a meetinll ofthe Hearinll Board within thirtY (30) days of such reQuest. F. If the Hearinll Board determines that the oarkinll violation(s) listed in the contested oarkinll citation were in fact committed. the Hearinll Board may imoose a fine of uo to one hundred dollars ($100) for each violation or two hundred fifty dollars ($250) for each disabled oarkinll violation. olus hearinll costs for the issuinll officer's attendance. If the Hearinll Board determines that the oarkinll violation( s) listed in the contested oarkinll citation were not committed. then the filinll fee shall be refunded. S 168-9. School Crossini! Guard Proi!ram. A. There is hereby imoosed on all oarkinll fines/civil oenalties for oarkinll violations a surcharlle of five ($5) dollars for the ournose of fundinll the school crossinll lluard DrOllfam within the City of Ocoee. B. The oroceeds of such surcharlle shall be olaced in a School Crossinll Guard Fund and distributed in accordance with the aoolicable Drovisions of Florida Statutes Ch. 318. ORLA_ 422029.3 -15-