AGENDA MEMORANDUM

 

 

Date:                           September 22, 2008

 

From:                          Chief William Chrisman

 

Subject:                      Ordinance authorizing an increase in parking violation fines

 

 

Staff Recommendation:

Staff recommends an amendment to the existing Code of Ordinance, 21-51 Fines, to allow an increase in parking violation fines to be consistent with the fines implemented by neighboring communities to the City of Leesburg.

 

Surrounding agencies parking violation fines are as follows:

 

Agency

Handicap parking

Improper

Overtime

Misc

Eustis PD

$250.00

$25.00

$25.00

$25.00

Fruitland Park PD

$100.00

$25.00

$15.00

$15.00

Mount Dora PD

$250.00

$35.00

$25.00

$25.00

Tavares PD

$250.00

$25.00

$25.00

$25.00

 

 

Analysis:

The current ordinance reads as follows:

Fines are hereby imposed for the violation of the provisions of this chapter relating to parking, as follows:

(1)   Overtime parking, five dollars ($5.00);

(2)   Improper parking, ten dollars ($10.00);

(3)   Unauthorized parking in designated handicapped parking spaces, twenty-five dollars ($25.00).

(Ord. No. 84-59, § I, 11-26-84; Ord. No. 87-42, § 1, 12-28-87)

 

A study of the surrounding agencies has revealed that the City of Leesburg issues the lowest parking violation fines. An increase of $20.00 for overtime parking, $25.00 for improper parking, and $75.00 for handicapped parking would be consistent with what surrounding agencies are issuing for parking violations.


The Definitions of improper parking listed in the code of Ordinances are as follows:

Sec. 21-46.  Alleys, parking in, blocking.

(a)   No person shall stop, stand, or park a vehicle within an alley in a business district 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.


Sec. 21-47.  Removing and impounding vehicles.

(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 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.


Sec. 21-48.  Parking for certain purposes prohibited.

No person shall park a vehicle upon any street 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.

 

Sec. 21-49.  Parking adjacent to schools.

When signs are erected giving notice thereof, no person shall park upon either or both sides of any street adjacent to any school.


Sec. 21-50.  Restrictions on farm tractors, trailers, trucks and commercial vehicles upon use of streets.

(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.

 

Options:

1.      Raise the current parking violation fines as follows:

(1)   Overtime parking, five dollars ($5.00); to $25.00

(2)   Improper parking, ten dollars ($10.00); to $35.00

(3)   Unauthorized parking in designated handicapped parking spaces,

Twenty-five dollars ($25.00); to $100.00

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

Parking fines are general fund revenue.

Submission Date and Time:    9/17/2008 5:44 PM____

 

Department:_LDP___________________

Prepared by:  Sonja Vicchiollo______                     

Attachments:         Yes__X__   No ______

Advertised:   ____Not Required __X____                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________JB______                                     

                              

Deputy C.M. ________EFS________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


ORDINANCE NO._______________

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING SECTION 21-51 OF THE CODE OF ORDINANCES, PERTAINING TO PARKING VIOLATION FINES; REPEALING ANY CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.

 

 

BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

SECTION I.

§21 – 51 of the Code of Ordinances of the City of Leesburg, Florida, is hereby amended in its entirety to read as set forth below:

 

Sec. 21-51.  Fines.

 

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 II.

If any portion of this ordinance is declared invalid or unenforceable, then to the extent 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 this ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION III.

All ordinances or parts 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 ordinances, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION IV.

This ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED by the City Commission of the City of Leesburg, Florida, at a regular meeting held the _22nd____ day of _September____ 2008.

 

 

                                                                            __________________________

                                                                             Mayor

ATTEST:

 

__________________________

City Clerk