Item #10 Revisions to Ch. 168 - Second Reading
AGENDA ITEM COVER SHEET
Meeting Date: May 15, 2007
Item # ~o
Reviewed By:
Contact Name: S. Goclon Department Director: Ron Reffett
Contact Number: X 3027 City Manager: MI/- --.
Subject: Revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles
and Traffic) (Second Reading)
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)7
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 "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
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
City Manager
Robert Frank
Commissioners
Gary Hood. District 1
Scott Anderson. District 2
Rusty Johnson. District 3
Joel Keller. District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mavor and City Commissioners
FROM:
Ron Reffett, Chief of Police
DATE:
May 15,2007
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 168 of the Code of Ordinances of the City of Ocoee (Vehicles and Traffic)?
BACKGROUNDIDISCUSSION
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;
1
RE:
Revisions to Chapter 168 of the Code of Ordinances of the City of Ocoee (Vehicles
and Traffic)
DATE:
May 15,2007
-Allowing the Chief of Police to designate who may issue City ofOcoee 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-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. Severabilitv. 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 PAGE INTENTIONALLY LEFT BLANK]
ORLA_ 422029.3
-2-
PASSED AND ADOPTED this
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
By:
City Attorney
ORLA_ 422029.3
day of
,2007.
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.
-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. ~Fees. Penalties and Procedures.
The schedule of fines delineated belo'l,' for parking violations \vithin the city is hereby adopted:
A. All parkiRg ','iolations withiR the city shall be finedExcent as nrovided in Section 168-
2m) below. a citation issued in connection with the violation of any nrovision of this
Section (each. a "narkim! violation" for numoses of this Article only) shall Carry a fine in
the amount of $10 fDr eaeh infraetionfortv ($40) dollars for each narkim! violation so
long as said fine is paid within 72 hotHs.fourteen (14) calendar days.
B. FiRes that are paid after 72 hotHS but prior to one week shall be in the amount of $15.A
citation issued for narkim! or standinlZ in a narkinlZ snace desilZnated for Handican or
Disabled narkinlZ without the annronriate nermit shall carry a fine in the amount of two
hundred and fifty ($250) dollars for each infraction as 10nlZ as said fine is naid within
fourteen (14) calendar days.
C. Fines that are paid after one week of the citation being issued but less than tw'O v.'eeks
shall be iR the amOl.Hlt of $25.Anv nerson receivinlZ a narkinlZ citation shall. within
fourteen (14) calendar days from the date of issuance of the citation. do one of the
followinlZ: (D Day the civil nenaltv nrescribed on the citation. or (iD elect to contest the
citation bv comnletinlZ the "ContestinlZ Affidavit" attached to the citation and deliverinlZ
the comnleted ContestinlZ Affidavit tOlZether with a non-refundable minlZ fee in the
amount of ten dollars ($10.00) to the Chief of Police. his desilZllee or such other nerson
that may be desilZnated on the citation. Anv nerson who fails to Day the civil nenaltv
nrescribed on the citation or deliver the ContestinlZ Affidavit as set forth herein within
fourteen (14) calendar davs from the date of issuance of the citation shall incur a
delinQuent fee of fifteen ($15) dollars and be deemed to have waived his/her ril!ht to
contest the merits of such citation. Anv oerson electinl! to contest a citation oursuant to
this oaral!raoh shall be deemed to have waived his/her ril!ht to oav the civil oenaltv
orescribed on the citation and mav be subiect to additional fines and fees if same are
imoosed bv the Ocoee Police Infraction Hearinl! Board oursuant to Section 168-8 of this
Chaoter.
D. Fines that haye not been paid within t'NO ,,"eeks of the issuanee of the eitatioR will result
in the o\vner of record of the vehiele that was parked illegally being Rotified of the
citatioR, via the United States mail, by the County Court, in accordanee with the Florida
Statutes.Uoon receiot of a Contestinl! Affidavit. the Chief of Police or his desil!nee shall
review such affidavit and make a determination as to whether. based on the information
oresented on the Contestinl! Affidavit. a oarkinl! infraction has been committed. If the
Chief of Police or his desil!nee determines. based on the information oresented in the
Contestinl! Affidavit. that no oarkinl! infraction has been committed. then the Chief of
Police or his desil!nee shall void the citation and orovide written notice of same to the
oerson who submitted the Contestinl! Affidavit. If the Chief of Police or his desil!nee
determines. based on the evidence oresented in the Contestinl! Affidavit. that a oarkinl!
violation has occurred. then the Chief of Police or his desil!nee shall reQuest a hearinl!
before the Ocoee Police Infraction Hearinl! 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 remaininl! fiftv 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 Crossinl! Guard Fund and maintained bv the City Finance
Deoartment.
b. The remaininl! funds are to be deoosited into the Ocoee Police
Deoartment's Fines and Forfeiture fund.
F. Procedures uoon Non-Comoliance with Parkinl! Violation Notice.
1. The Ocoee Police Deoartment shall acceot oavment of civil oenalties for oarkinl!
violations and issue receiots therefore. The Ocoee Police Deoartment shall
maintain a record of such civil oenalties and shall dailv reoor! the monies
collected and deoosited in the City's deoositorv bank to the Citv Finance
Deoartment.
2. If the rel!istered owner of a motor vehicle to which a oarkinl! 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 delinQuent fee oer violation
a!;!:ainst the rel:Zistered owner of the motor vehicle which was cited shall be
accessed. Notice of the oarkinl:Z violation and the failure to comolv therewith
shall be sent to the rel:Zistered owner of the vehicle. Such notice shall direct the
recioient to resoond within ten (1 Q) calendar davs.
3. Citations not oaid mav be referred to a collection al:Zencv.
4. The Chief of Police or his desil:Znee is herebv authorized and directed to suoolv
the State of Florida Deoartment of Hil:Zhwav Safetv and Motor Vehicle with a
maQUeticallv encoded comouter taoe reel or cartridl:Ze. which is machine readable
bv the installed comouter svstem at said Deoartment listinl:Z oersons who (i) have
three (3) or more outstandinl:Z oarkinl:Z violations. or Cii) one (1) or more oarkinl:Z
violation( s) of Florida Statutes 5316.1955 or Florida Statutes 5316.1956. or anv
City ordinances which rel:Zulate similar oarkinl:Z in soaces desil:Znated 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 standinl:Z anv vehicle or trailer. whether attended or
unattended. uoon the road ril!ht of wav. with sil!nal!e indicatinl! "For Sale". "For
Offerinl:Z" or other advertisement for sale.
D. G-:-Removalofvehicles.
1. Whenever any police officer finds a vehicle standing upon a highwaY-ef,! 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:Z 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 ~ 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 follov.ing instanees:
a. Wherewhere such vehicle constitutes an obstruction of traffict-ef
b. v''here sueh vehicle has been parked or stored on the public right of \vay
for a period exeeeding 18 hoars in other than designated paddng areas and
is 'Nithin the eity right of ':.'8:y, and a '.vaming sticker has been
conspic\:lously placed on the vehicle purSl:laflt to ~ 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. v''hene';erNotwithstandim! 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 ~ 165-9 of the Code.
C. v''hene'lerNotwithstandim! 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 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.
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.
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 ofless 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-or 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 4824 hours pursuant to S 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 S 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 horns and a warning sticker has been conspicuously
placed on the vehicle for at least 4824 hours pursuant to S 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 S 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 S 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 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, firm
or corporation who has contracted with the City as provided in S 165-9 of the
Code.
~ 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 SS 168-3.1 and 168-6. Notwithstandinl! anv other
nrovision of this Chanter to the contrarv. anv Citv of Ocoee no lice officer or anv other
nerson authorized bv the Chief of Police may enforce the orovisions contained in this
Chanter and issue citations for the violations of any of the orovisions of this Chanter.
B. The Fire Department, through the officials listed in S 168~3.1.C, shall alse-have the
nrimarv authority to enforce S 168-3.1 and issue citations for the violation of said S 168-
H3.1.C.
C. Any person violating any of the provisions of SS 168-3, t-168-3.1, 168-44. 168-4.1
and/or 16& 1.1anv other nrovision of this Article shall be issued the appropriate citation
with the fine levied by the existing City Codein accordance with the orovisions of this
Article.
D. If the O\\'ller of the yehiele chooses to eontest a parking citatioFl, the ovmer may fill out
the required formes) at poliee headquarters, requesting a hearing iFl Coooty Court.Parkim.!
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 Bearini! Outstandini! Citations.
A. The City may. bv resolution after a nublic hearim! oreceded bv at least seven days' notice
of the hearim.! and the oronosed action bv nublication in a newsnaner of Qeneral
circulation in the City of Ocoee. institute a nolicv for the immobilization of vehicles
bearinQ outstandinQ citations issued nursuant to this Article. The orovisions 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 aQainst which there is one (1) outstandinQ narkinQ citation
for narkinQ in a snace desiQnated 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
orovided 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 damaQe to such vehicle unless it is moved while such
device or mechanism is in nlace.
C. It shall be the duty of the nolice officer or other authorized nerson immobilizinQ such
motor vehicle. or under whose direction such vehicle is immobilized. to nost on such
vehicle. in a consnicuous nlace. notice sufficient to inform the owner or onerator of the
vehicle that:
1. such vehicle has been immobilized nursuant to and bv the authority of Section
168-5.1 of the City ofOcoee Code of Ordinances: and
2. the owner of such immobilized vehicle. or other dulv authorized nerson. shall be
nermitted to renossess or to secure the release of the vehicle unon navrnent to the
Citv of Ocoee of the annlicable fee for removal of the immobilization device and
all outstandinl! fees and nenalties due in connection with anv outstandinl!
citation{ s) that necessitated the immobilization of the vehicle.
D. It shall be unlawful for anvone. excent for a nolice officer or such other nerson authorized
bv the Chief of Police. to remove or attemnt to remove. tamner with. or in anv wav
damal!e or alter the immobilization device.
E. Anv vehicle immobilized nursuant to this Section mav be towed or otherwise moved to
the nearest l!aral!e or to the storal!e area of anv nerson. firm or cornoration who has
contracted with the Citv as nrovided 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 ofthe 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-l, R-I-A, R-l-AA, R-l-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 orimarv responsibility for the
enforcement of this seetionSection upon all privately owned property within all
residential zoned districts. orovided. however. the Citv 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 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 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 hereby established the Ocoee Police Infraction HearinQ. Board (the "HearinQ.
Board"). The HearinQ. Board shall consist of five (5) members annointed bv the City
Commission. all of which shall be residents or business owners from the City of Ocoee.
The HearinQ. Board'shall have the followinQ. Dowers and duties:
1. To hear contests to narkinQ. citations issued bv the City of Ocoee and receive and
evaluate evidence in connection therewith: and
2. Based on the evidence nresented at such a hearinQ.. to make a determination as to
whether the narkinQ. violation( s) listed in a citation were in fact committed: and
3. To imnose fines and fees consistent with this Chanter.
B. The HearinQ. Board shall consist of five (5) members. two of which must be members of
the Ocoee Police Advisorv Board. Additional members of the HearinQ. Board may also
be members of the Ocoee Police Advisorv Board. The HearinQ. Board shall elect a
Chaimerson and a Vice-Chaimerson yearly from amonQ. its members. Members shall
serve 2-vear terms at the nleasure of the City Commission.
C. Three (3) members of the HearinQ. Board shall constitute a auorum. and no action may be
taken if less than three (3) members are nresent and votinQ..
D. The HearinQ. Board shall adont rules for transaction of its business and shall keen a record
of its resolutions. transactions. findinQ.s and determinations. MeetinQ.s of the HearinQ.
Board shall be held at the call of the Chaimerson and at such times as the HearinQ. Board
may determine. nrovided. however. that if the Chief of Police or his desiQUee reauests a
meetinQ. of the HearinQ. Board to consider a contested citation as nrovided in Section 168-
2.D of this Chanter. then the Chaimerson shall call a meetinQ. of the HearinQ. Board
within thirty (30) days of such reauest.
E. If the HearinQ. Board determines that the narkinQ. violation( s) listed in the contested
narkinQ. citation were in fact committed. the HearinQ. Board may imnose a fine of un to
one hundred dollars ($100) for each violation or two hundred fifty dollars ($250) for each
disabled narkinQ. violation. nlus hearinQ. costs for the issuinQ. officer's attendance.
S 168-9. School Crossin!! Guard Pro!!ram.
A. There is herebv imoosed on all oarkim! fines/civil oenalties for oarkin!! violations a
surchar!!e of five ($5) dollars for the ouroose of fundin!! the school crossin!! !!uard
oro!!ram within the Citv of Ocoee.
B. The oroceeds of such surchar!!e shall be olaced in a School Crossin!! Guard Fund and
distributed in accordance with the aoolicable orovisions of Florida Statutes Ch. 318.
Copy of Public Hearing Advertisement
Date published
C---~~~I
SUN~~Y, MAY 6, 2007 .. I:~
Advertisement
\ CITY Of OCOEE.. \
PUBUC HEARINO
A Public H..rlna before Ihe
OC081 City Ccmmlulon will be
held Tuesdav, Mav 15, 2007,
01 7 :15 p.m. or os soon
me\~~fI~~~~1's~Yo~e ~~g~:
bers of C\lV Hall 01 150
Norlh Lakeshore Drive,
?h~01~ht~?~b~a, fa c~nslder
A revision 10 Chlplll 168 of Ih.
Codi of Ordlnlncl. of thl City of
OCOII (Vlhlcles Ind Trlmcl to
rovldl morl Iftlcllv. p.rklng In.
I m...ures wllhln Ihl
of OC08l. Thl revl.lon.
, bul Irl not IImllld tQ: In.
creeslna Pllr.l!.lng cllllllon fines
from Sltr 11l S40 r olollllon, p'm'
oldlng lor . Ind requlrl'
mints or plrlllng clll'
lion., pro nl or
non.comp Incl. cr.. og I
p.rklng Intr,,~llon hllrlng bOlrd.
::'Ir:::nM ~V~:c~~rl~ I:f hrJ~
School . GUlrd pro~rlm,
Ind riling of VI ell'
Oftl r II' In mid rig ts ofl
WIY. '
I~~ ~~~s~~C~:I~I~e~Jge agy
~he above CIIV CommlUlon
wllh respect 10 anv molter
considered at JUCh hearing,
Ihev will nee a record a
~~~~r~~;m~g~h:~dm'g~
need 10 ensure Ihat a verba.
l~~s rlic~~d~~ S)1h'c~r~~~~~d
Includes the tes~~nv and
~~~ersc~oug~nb~sJa.. the ap'
eUe~\~~;::ug~~e~e ~:al~d
with respect to the above.
In accordance with the A.
merlcans with Disabilities
~I'ci( ~~6~0~~~~~1m~ ~rsPa'~
\m;r~~~~~eJ?n pa~~~Jf3t~a~~
tact the Cltv ~Ierk's office
at 407.905.3105 at least two
davs prior ta the date of
hearing.
Beth Elkenberrv
Cltv Clerk
COR327961.MA Y 6
...-. .- ........--
]
Copy of Public Hearing Advertisement
[--~
Date published
~OSeD~J1el
SUNQAY, MAY 6. 2007
..I ..
]
1:.:1
Advertisement
-\ ~'JUF ~E\~'~li' \
A Public H orin efore the
Ocoeo City !omm'""~on will be,
,held TuesdoV, Mov 15, 2007,
at 7:15 p.m. or os soon
\~e;~~It~~~~'1's~Yo~e ~~g~:
bers of Cltv Hall at 150
North Lokeshore Drive,
?h~01~1i[~?~b~O' to C9nslder
A ..vlllon 10 Choptlr 1" fit th~
Code of Ordlnonce. of lhe IIY of
Oco.. IVehlclll end Tre' cl to
provide mo.. ",eetl," perking In-
forcement menure... within tho
cllY IImlll ct Ocell. The ,.vlelenl
Include, but lIe net limited to: In.
crenlnJl Plr_~lng eltlllan flnn
Irem Sllr 10 I4Il per vleletlen, p're-
vlolng fer procldurel end requl...
monll ler centelllnll porklng ello-
Uonl, prevldlng IlIIercemlnt er
nen-complleneo, crlltlng ,
plrklng InfrecUen hlorlng beerd,
Impellng e 16 lureherge to hllp
Qffllt I~e Clty'e celli ef thi
School re ling uerd pre I m,
ond ploh bllTng pe~lng ct yelle'..
offered fer Ille In reld Ilgliii Of
wlY.
If 0 person decides t~ ap-
peal onv d~clslon mO~le IbV ,
~11h o~~~~ ct"ro ~orW"ri,~'t~?
consldere3 ot such heorlng,
thev will need 0 record 0
the proceedlngsh ond for
such purpose t ev mov
need to ensure thot 0 verba'
tlm record of the proceed-
IngS Is mode. which record
Includes the tesU~n~ and
~~bgersc~oug~nb~S~a. t e OP-
~llie~\~~tl:Ug~~~e o~:ol~d
with respect to the ~bove.
~e~fccoo~~~~~ 1N:obnM~
~I~( g~~~o~~~~"o~\~~ ~,sooeri
\m:rg~~~~ed?n pO~~~~f3'~oh~
tact the Cltv ~Ierk's office
ot 407.905-3105 at least two
dovs prior to the dote of
hearing.
Beth Elkenberrv
Cltv Clerk
CDR327981-MA Y 6
...-. .... ...----