HomeMy WebLinkAboutItem VI (Ib) - First Reading of Ordinances, Second Reading and Public Hearing are Scheduled for May 21, 1991 - Ordinanace No 91-07, Relating to Regulation of Parking a Vehicle in Public Right-of-Way for more than 48 Hours AGENDA 5-87-91
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"Service With Honor And Pride"
TO: The Honorable Mayor and Board of City Commissioners
FROM: John H. Boyd, Chief of Police
DATE: April 25, 1991
SUBJECT: AMENDING ARTICLE II OF CHAPTER 21, SEC. 21-17 AND
SEC. 21-19 RELATING TO THE PARKING OF A VEHICLE ON
PUBLIC RIGHT-OF-WAY
STAFF REPORT
ISSUE
Should the Honorable Mayor and Board of City Commissioners
aoProve amending Article II of Chaoter 21, Sec. 21-17 and Sec.
21-19 relating to the oarking of a vehicle on oublic right-of-
way; prohibiting parking in areas as listed in its contents.
BACKGROUND
The current City Ordinance permits parking and/or storing of a
vehicle or, public right-of-wayv in other than designated parking
areas and within the city right-of-way, for a period of 72 hours.
DISCUSSION
Due to growth and congestion in the city, allowing a vehicle to
be left parked and/or stored on oublic right-of-way for a period
of 72 hours is becoming a problem. Not only is it hazardous, but
it also creates traffic obstructions and makes some areas
extremely dangerous for oncoming traffic and pedestrians.
RECOMMENDATION
It is respectfully recommended that the Honorable Mayor and Board
of City Commissioners approve the amendment of Article II of
Chaoter 21, Sec. 21-17 and 21-19 regarding parking and/or storing
of a vehicle on public right-of-way.
.
ORDINANCE NO. 91- 07
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO THE REGULATION OF PARKING OF A
VEHICLE ON PUBLIC RIGHT-OF-WAY; AMENDING
SECTIONS 21-17 AND 21-19 OF ARTICLE II OF
CHAPTER 21 OF THE CODE; PROHIBITING PARKING
IN AREAS FOR MORE THAN 48 HOURS AS LISTED
IN ITS CONTENTS; PROVIDING FOR
SEVERABILITY; 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 Chapter 166, Florida •
Statutes.
SECTION 2. Section 21.17 of Article II of Chapter 21
of the Code of Ordinances of the City of Ocoee, Florida, is hereby
amended as follows:
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 forty-eight (48) 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 pur-
suant to Section 21-39 of Article III of Chapter 21 of
this code.
(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 3. Section 21-19 of Article II of Chapter 21 of
the Code of Ordinances of the City of Ocoee, Florida is hereby
•
amended as follows:
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 provisions
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 forty-eight (48) 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 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.
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 immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1991.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
•
Jean Grafton, City Clerk Lester Dabbs, Jr. , Mayor
(SEAL)
ADVERTISED May 9 , 1991
READ FIRST TIME May 7 , 1991
READ SECOND TIME AND ADOPTED •
, 1991
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1991.
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1991
By: UNDER AGENDA ITEM NO.
City Attorney
public/mh4758A(2)
(04/24/91)
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