Staff recommends approval of amending Section 21-53(4).
Florida Statute 316.1956 was erroneously cited in the previously city approved ordinance. Deleting the statute cited and other associated language followed by the insertion of Florida Statute 316.1955 will correct this deficiency.
1. Accept proposed changes; or
2. Such alternative action as the Commission may deem appropriate
Department: Leesburg Police Department__
Prepared by: Lisa Carter___________
Attachments: Yes____ No _X_____
Advertised: ____Not Required ______
Attorney Review : Yes_X_ No ____
Reviewed by: Dept. Head ________
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _________________
Project No. ___________________
WF No. ______________________
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING ARTICLE IV OF CHAPTER 21 (21-53(4)) OF THE CODE OF ORDINANCES OF THE CITY OF LEESBURG, FLORIDA; PERTAINING TO STOPPING, STANDING AND PARKING; PROVIDING FOR LIABILITY FOR PAYMENT OF PENALTIES; PROVIDING FOR PROCEDURE FOR PAYMENT OF FINES OR CONTESTING CITATION; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA, that:
Article IV of Chapter 21 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended as set forth below:
Sec. 21-46. Alleys, parking in, blocking.
(a) No person shall stop, stand, or park a vehicle within an alley in a business district, or in a location designated as a loading zone, except for the expeditious loading or unloading of materials, and in no event for a period of more than twenty (20) minutes, and no person shall stop, stand, or park a vehicle in any other alley in such a manner, or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic.
(b) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property.
(a) Whenever any police officer finds a vehicle standing upon a street or alley in violation of any of the provisions of this Article, such officer is hereby authorized to move such vehicle, or require the driver or person in charge of the vehicle to move the same to a position off the paved or improved or main-traveled part of such street or alley.
(b) Whenever any police officer finds a vehicle unattended upon any street, bridge, or causeway, or in any tunnel within the city where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such traffic in accordance with the provisions of Chapter 13 of the Code of Ordinances.
No person shall park a vehicle upon any street, alley, or other thoroughfare for the principal purpose of:
(1) Displaying such vehicle for sale;
(2) Washing, greasing, or repairing such vehicle, except repairs necessitated by an emergency;
(3) Displaying advertising;
(4) Selling merchandise from such vehicle except in a duly established market place, or when so authorized or licensed under the ordinances of the city;
(5) Storage, or as junkage or dead storage for more than twenty-four (24) hours.
When signs are erected giving notice thereof, no person shall park upon either or both sides of any street adjacent to any school.
(a) When signs are erected giving notice thereof, no person shall operate or stop, stand, or park any farm tractor, trailer, semi-trailer, truck or commercial vehicle with a gross weight in excess of the amounts specified on the sign at any time upon any of the streets in the city.
(b) It shall be unlawful to operate, park, stand or use upon any public street any commercial vehicle unless the vehicle is designated by lettering of three (3) inches minimum size on either side indicating the name of the firm or the name of the corporation or person operating the same for a commercial use.
(c) It shall be unlawful for any person to drive, propel or operate, or cause to be driven, propelled or operated on, upon or over any street in the city any vehicle or contrivance having wheels provided with sharpened or roughened surfaces other than roughened pneumatic or solid rubber tires, or wheels from which tires are detached; provided, that this restriction shall not apply to vehicles or implements used by the city in the construction and maintenance of city streets when permit for such use shall have been previously had and obtain from the city. Such permit shall state and designate the streets which may be so used, the length and time the same shall be in force and the nature and character of the vehicle or implement to be so used. This restriction shall not apply to farm implements weighing less than one thousand (1,000) pounds and provided with wheel surfaces of more than one-half inch in width. Wheels of traction, engines and other vehicles when provided with suitable filler blocks between cleats shall be considered as having smooth tires.
Fines are hereby imposed for the violation of the provisions of this chapter relating to parking, as follows:
(1) Overtime parking, twenty-five dollars ($25.00);
(2) Improper parking, thirty-five dollars ($35.00);
(3) Unauthorized parking in designated handicapped parking spaces, one hundred dollars ($100.00).
Section 21-52. Liability for Payment of Penalties.
Under the authority of Chapter 316 Florida Statutes, the owner of a vehicle is responsible and liable for payment of any parking ticket violation unless the owner can furnish evidence that the vehicle was, at the time of the parking violation in the care of, custody of, or control of another person. In such instances, the owner of the vehicle is required within a reasonable time after notification of the parking violation, to furnish to the appropriate law enforcement authorities an affidavit setting forth the name, address, and drivers license number of the person who leased, rented, or otherwise had the care of, custody of, or control of the vehicle. The affidavit submitted pursuant to this section shall be admissible in a proceeding charging the parking ticket violation and raise the rebuttable presumption that the person identified in the affidavit is responsible for payment of the parking ticket violation. The owner of a vehicle is not responsible for a parking ticket violation if the vehicle involved was, at the time, stolen or in the care of, custody of, or control of some person who did not have permission from the owner to use the vehicle. The operator of a vehicle which is in his care, custody, or control with or without the permission of the owner shall be responsible for any parking violation notice which occurs while the vehicle is in his care, custody, or control.
Section 21-53. Procedure for Payment of Fines or Contesting Citation.
Any person receiving a parking violation notice pursuant to this chapter shall respond to the violation notice by either the following procedures within 10 days after the date of issuance of the citation:
(1) The fine listed on the parking ticket can be paid at City Hall, placed in the drop box outside of City Hall or mailed to the City of Leesburg, P.O. Box 490630, Leesburg, Florida 34749. All fines must be received by the City within 10 days of the date they were issued.
(2) A hearing may be requested by the person receiving such violation notice or the cited vehicle’s registered owner for the purpose of presenting evidence before the Special Master of the City of Leesburg concerning the parking violation. Any person requesting a hearing shall execute a statement on a form provided by the City of Leesburg indicating his willingness to appear at such hearing at a time and a place specified thereon. Any person who requests a hearing and does not appear in accordance with such statement shall be subject to other penalties as the Special Master may, at her discretion, impose to require compliance with this chapter up to but not exceeding the maximum penalty provided below. An election to request a hearing constitutes a waiver of the right to pay the civil penalty indicated on the parking violation notice and the Special Master, after such hearing, upon making a determination that a parking violation has been committed may impose a fine not to exceed $250.00, plus costs for each violation.
(3) The City of Leesburg shall be entitled to recoup reasonable administrative fees and costs associated with any hearing requested by a person receiving a parking violation notice or for hearings that are held by the Special Master of the City of Leesburg. Such fees and costs shall be due and payable by the person receiving the parking violation at the same time as the payment of the parking violation fine.
(4) The City of Leesburg is hereby authorized and directed to supply the State of Florida Department of Highway Safety and Motor Vehicles with a listing of persons, in a State Department of Highway Safety and Motor Vehicles approved communications format, who have three (3) or more outstanding parking violations or one (1) or more parking violations of Florida Statute Section 316.1955, or any city ordinances which regulate similar parking in spaces for persons who have disabilities. In the event the City is required to forward to the State of Florida Department of Highway Safety and Motor Vehicles any lists of persons in accordance with this section then such persons shall be assessed all costs incurred by the City of Leesburg in supplying the information to the State.
All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.
If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.
This Ordinance shall become effective upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the ______ day of ______________, 2010.