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HomeMy WebLinkAboutOrdinance 89-06 ORDINANCE NO. R9-06 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE REGULATION OF STANDING OR PARKING OF A VEHICLE ON PUBLIC RIGHT-OF-WAY; REPEALING ARTICLE II OF CHAPTER 21 OF THE CODE; ADOPTING A NEW ARTICLE II OF CHAPTER 21 OF THE CODE; PROHIBITING PARKING IN AREAS AS LISTED IN ITS CONTENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. ~ BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE: SECTION ONE. The present Chapter 21 Article II of the Code of the City of Ocoee is hereby repealed in its entirety. SECTION TWO. A new Chapter 21 Article II of the Code of the City of Ocoee is hereby adopted as follows: ARTICLE II. PARKING, STANDING AND STOPPING Section 21-17. Method Generally (1) 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 a highway. (2) 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 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 conditions render such parking off the paved portion of the highway hazardous or impractical. (3) {a} 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. . (b) Officers are hereby authorized to provide for the removal of any abandoned vehicle to the nearest garage or other place of safety, cost of such removal to be a lien against 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: 1. Where such vehicle constitutes an obstruction of traffic. 2. Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 72 hours, in other than designated parking areas, and is within the city right-of-way; and a warning sticker has been placed on the vehicle pursuant to Section 21-39 of Article III of Chapter 21 of this Code. Page 2 Ordinance No. 89-06 (4) No persons shall stand or park a vehicle in a roadway other than parallel with edge of the roadway, headed in the direction of the traffic, and with the curb-side wheels of the vehicle within twelve (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. Section 21-18. Prohibited Places . 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 six (6) feet of a fire hydrant; (6) Within thirty (30) feet of any stop sign located at the side of a roadway. (7) Within thirty (30) feet of the nearest rail of a railroad crossing; (8) Within thirty (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 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 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 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 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; (14) In a cul-de-sac that has a radius of less than thirty (30) feet. (Ord. No. 329, Sec. 1, 11-15-59; Ord. No. 860, Sec. 1, 12-17-85; Ord. No. 865, Sec. 3, 2-4-86) Page 3 Ordinance No. 89-06 Section 21-19. Enforcement, Penalty (1) The Department of Police shall have the primary responsibility for enforcement of this ordinance. (2) Any person violating any of the provision of this ordinance shall be issued the appropriate citation with the fine levied by the existing city code. . (3) If the Department of Police determines a vehicle to be parked more than 72 hours in violation of the code, a parking citation shall be issued and the vehicle may be towed by an authorized towing service. Fee for towing of said vehicle shall be the burden of the owner of said vehicle. It shall be paid directly to the towing service. (4) If the owner of a vehicle chooses to contest a citation, the owner may fill out the required form(s) at headquarters, requesting a hearing in County Court. parking police SECTION THREE. Severability If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein. If this ordinance or any portion thereof shall be held inapplicable to any person, group or persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstance. SECTION FOUR. Effective Date This ordinance shall take effect immediately upon passage by the City Commission of the City of Ocoee. Passed and adopted this ?nn day of May , 1989. fJ4~ ~ ~ Thomas R. Ison, Mayor Attest: . Advertised Apr; 1 70 Read First Time April 18 Read Second Time and Adopted May 2 ,1989 ,1989 ,1989 ------ -1ICCIIt_-. ..tin ~.r__...., ;~~