HomeMy WebLinkAboutOrdinance 294 Motor Vehicles/Traffic
ORDINANCE NO. 294
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
REPEALING CHAPTER 11 OF THE CODE OF ORDINANCES ENTITLED
"MOTOR VEHICLES AND TRAFFIC"; PROVIDING FOR THE ADOPTION
OF A NEW CHAPTER 11; ADOPTING STATE STATUTES; ASSIGNING
TO THE POLICE DEPARTMENT CERTAIN DUTIES AND POWERS TO
REGULATE MOTOR VEHICLES AND TRAFFIC; ESTABLISHING REGULA-
TIONS GOVERNING OPERATION OF VEHICLES, TRAFFIC, AND
PARKING; SPECIFYING RESPONSIBILITY FOR VEHICLES; EMPOWERING
THE POLICE DEPARTMENT TO ISSUE CITATIONS AND COLLECT FINES
FOR VIOLATIONS OF REGULATIONS HEREIN ESTABLISHED; PROVIDING
FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
WHEREAS CHAPTER 11 of the Winter Springs Code of Ordinances,
"Motor Vehicles and Traffic," has become outdated; and
WHEREAS, the City Commission of Winter Springs, Florida, has
determined it to be in the best interests of the City to adopt a current
and more effective Chapter 11.
NOW, THEREFORE, THE CITY COMMISSION OF WINTER SPRINGS, FLORIDA,
HEREBY ORDAINS:
SECTION I - That the existing Chapter 11 of the Winter Springs
Code of Ordinances is hereby repealed.
SECTION II - That a new Chapter 11 of the Winter Springs Code
of Ordinances is hereby created to read as follows:
CHAPTER 11. Motor Vehicles and Traffic
Section 11.1. Adoption of State Law.
Chapters 316, 318, 320, and 322 of the Florida Statutes are
hereby adopted as the Traffic Code of the City of Winter Springs, Florida.
The matters and contents therein are made a part of this chapter by reference
in haec verba, as fully and completely as if set forth herein. Copies of said
laws shall remain on file in the office of the City Clerk and shall be avail-
able for public inspection.
Section 11.2. Duties of the Police Department in General to Regulate
Motor Vehicles and Traffic.
It shall be the duty of the Chief of Police, with such aid as may be
rendered by other members of the Police Department, to enforce the provisions
of this chapter and the State vehicle laws applicable to traffic in the City,
to make arrests for traffic violations, to assist in the prosecution of per-
sons charged with such violations, to investigate accidents, to cooperate
with other officials of the City in the administration of the traffic ordinance
and in developing ways and means to improve traffic conditions, and to carry
out those duties specially imposed by this chapter.
Section 11.3. Definitions.
The following words and phrases shall, for the purposes of this
chapter, have the meanings respectively ascribed to them in this section.
Abandoned vehicle. Any vehicle, regardless of size, which is
left unattended for a period exceeding forty-eight (48) hours.
Disabled vehicle. Any vehicle, regardless of size, which is
incapable of being propelled upon the public streets of the
City of Winter Springs, or which does not meet the requirements
for operation upon the public streets of the City, including a
current vehicle license.
Motor vehicle. A vehicle which is self-propelled and every
vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails.
Owner. The person who holds legal title to a vehicle. (In the
event a vehicle is the subject of an agreement for the condition-
al sale or lease thereof, with the right of purchase upon
performance of the conditions stated in the agreement and with
an immediate right of possession vested in the conditional vendee
or leasee or mortgagor, the latter shall be deemed the owner
for the purpose of this chapter.)
Park. To cause a vehicle to stand, whether occupied or not,
otherwise than temporarily for the purpose of and while actually
engaged in loading or unloading.
Police officer. Every officer of the Police Department of the
City or any officer authorized to direct or regulate traffic or
to make arrests for violation of traffic regulations.
Private road or driveway. Every road or driveway not open to
the use of the public for purposes of vehicular travel.
Roadway. That portion of a highway improved, designed, or
ordinarily used for vehicular travel exclusive of the shoulder
or berm.
Safety zone. The area or space officially set apart within a
roadway for the exclusive use of a pedestrian and which is
protected or is so marked or indicated by adequate signs as to
be plainly visible at all times while set apart as a safety zone.
Standing. Any stopping of a vehicle, whether occupied or not.
Stop. When required, means a complete cessation of movement.
Street or highway. The entire width between the boundary of
every way or place of whatever nature when any part thereof is
open to the use of the public for the purpose of vehicular
traffic.
Traffic. Pedestrians, ridden or herded animals, vehicles,
street cars, and other conveyances either singly or together
while using any street for the purpose of travel.
Traffic control device. Any device indicating regulations of
traffic of whatsoever nature within the City.
Trailer. Every vehicle with or without motive power designed
for carrying persons or property and for being drawn by a motor
vehicle.
Truck. Every motor vehicle designed, used, or maintained pri-
marily for transportation of property.
Vehicle. Every device in, upon, or by which any person or
property is or may be transported or drawn upon a street or
highway, except devices moved by human power or used exclusively
upon stationary rails or tracks.
Section 11.4. Specific Duties and Powers of Chief of Police
Relative to Operation and Parking of Vehicles
The Chief of Police shall have the power and is hereby authorized to
regulate the operation and parking of vehicles within the corporate boundaries
of the City, by erection or placement of proper signs or markers, by installa-
tion of official traffic control devices, and/or by utilization of police
officers to direct motorists. The presence of such signs or markers, traffic
control devices, or police officer at any place within the corporate boundaries
of the City shall be prima facie evidence that such signs or markers or traffic
control devices were erected or placed by and at the direction of the Chief of
Police, or that such police officer was assigned by the Chief of Police, in
accordance with the provisions of this section. This power shall include the
functions listed below.
Section 11.4.1. Regulating Motor Vehicles.
(a) Regulating or prohibiting stopping, standing, or parking.
(b) Regulating or prohibiting processions or assemblages on the
streets or highways, including all State or Federal highways lying within
the boundaries of the City.
(c) Adopting and enforcing such temporary or experimental regula-
tions as may be necessary to cover emergencies or special conditions.
(d) Requiring written accident reports.
Section 11.4.2. Designating Uses or Prohibitions for Streets.
(a) Restricting the use of streets.
(b) Designating particular highways or roadways for use by traffic
moving in one direction.
(c) Designating any street as a through street or any intersection
as a stop or yield intersection.
(d) Prohibiting or regulating the use of controlled-access road-
ways by any class or kind of traffic.
(e) Prohibiting or regulating the use of heavily traveled streets by
any class or kind of traffic found to be incompatible with the normal and
safe movement of traffic.
(f) Designating and regulating traffic on play streets.
(g) Designating and regulating traffic in school zones and hospital
zones.
Section 11.4.3. Establishing Speed Limits and Regulating Turning
and Passing.
(a) Altering or establishing speed limits within the provisions of
this chapter.
(b) Establishing speed limits for vehicles in public parks.
(c) Designating no-passing zones.
(d) Regulating or prohibiting the turning of vehicles or specified
types of vehicles, including U-turns.
(e) Designating hazardous railroad grade crossings in conformity
with criteria promulgated by the State Department of Transportation.
Section 11.4.4. Creating Parking and Standing Zones.
(a) Establishing parking meter zones, including size and number of
spaces therein, erecting parking meters, and designating parking time
allowed; however, a public hearing shall be held before such parking meter
zones may be created.
(b) Establishing bus stops and taxicab stands.
(c) Establishing loading and unloading zones.
Section 11.4.5. Regulating Non-Motorized Traffic.
(a) Prohibiting pedestrians from crossing a roadway in a business
district or any designated highway except on a crosswalk.
(b) Regulating pedestrians crossing at unmarked crosswalks.
(c) Erecting signs in the right-of-way to control, regulate, or
prohibit hitchhiking on streets or highways, including all State or
Federal highways lying within City boundaries.
(d) Regulating the operation of bicycles.
(e) Regulating persons upon skates, coasters, and other toy vehicles.
Section 11.5. Regulations Governing Motor Vehicles and Traffic.
The sections below specify regulations pertaining to operation of
motor vehicles, including driving, stopping, standing, and parking,
within the City limits, as well as regulations governing other types
of transportation and traffic.
Section 11.5.1. Vehicular Speed Limits.
(a) The maximum speed limit within the municipal boundaries of
the City of Winter Springs shall be twenty (20) miles per hour unless
otherwise approved by motion of the City Commission and posted.
(b) The twenty (20) mile per hour speed limit hereby estab-
lished shall not be applicable to State highways or connecting links
or extensions thereof.
(c) All speed zones shall be posted with clearly visible and
legible signs and no change in speeds from the thirty (30) mile per
hour speed limit established by the Florida Statutes shall take effect
until the zone is posted changing the speed pursuant to paragraph (a),
above, of this section. (Ord. No. 41, Sl, 5-3-65; Ord. No. 113, SS 1-3
1-2-85. )
Section 11.5.2. Stopping, Standing, and Parking of Motor Vehicles.
No person shall stop, stand, or park a vehicle in violation of the regula-
tions cited hereinbelow, unless a sign is present posting advice to the contrary.
(a) Prohibited Places. Except when necessary to avoid conflict
with other traffic or to comply with law or the directions of a Police
Officer or official traffic control device, no person shall:
(1) Stop, stand, or park a vehicle:
a. on any roadway.
b. on a sidewalk.
c. within an intersection.
d. on a crosswalk or within ten (10) feet of a
crosswalk.
e. between a safety zone and the adjacent curb or with-
in thirty (30) feet of points on the curb immediately
opposite the ends of the safety zone.
f. alongside or opposite any street excavation or
obstruction.
g. upon any bridge or other elevated structure.
h. upon a highway or within a highway tunnel.
i. on any railroad tracks.
j. at any place where official signs prohibit stopping.
(2) Stand or park a vehicle whether occupied or not, except
momentarily to pick up or discharge a passenger or passengers:
a. in front of a public or private driveway.
b. within fifteen (15) feet of a fire hydrant.
c. within twenty (20) feet of a crosswalk at an inter-
section.
d. within thirty (30) feet upon the approach to any
flashing signal, stop sign, or traffic control signal
located at the side of a roadway.
e. within twenty (20) feet of the driveway entrance to
any fire station and on the side of a street opposite
the entrance to any fire station within seventy-five
(75) feet of said entrance, when properly signposted.
f. at any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except tempo-
rarily for the purpose of, and while actually engaged in,
loading or unloading merchandise or passengers:
a. within fifty (50) feet of the nearest rail of a
railroad crossing, unless the Department of Trans-
portation establishes a different distance due to
unusual circumstances.
b. at any place where official signs prohibit parking.
(4) No person shall move a vehicle not owned by such person
into any prohibited area.
(b) Prohibited Purposes. No person shall stand or park a vehicle upon
a roadway for the purpose of:
(1) Displaying it for sale.
(2) Washing, greasing, or repairing such vehicle except
repalrs necessitated by an emergency.
(c) Obedience to Parking Signs and Space Markings. On such
streets, highways, or other locations where parking spaces are
officially indicated by signs or markings, parking shall be allowed
only within such spaces and then only for the times officially indi-
cated by such authorized signs. It shall be unlawful for any person
to park a vehicle in any parking space designated by painted lines,
unless such vehicle is parked wholly within the marked lines.
(d) Use of Bus and Taxicab Stands. No person shall stop, stand
or park a vehicle other than a bus in a bus stop or other than a
taxicab in a taxicab stand, when any such stop or stand has been
officially designated and appropriately marked; except, that the
dri ver of a passenger vehicle may temporarily stop therein for the
purpose of and while actually engaged in loading or unloading
passengers when such stopping does not interfere with any bus or
taxicab waiting to enter or about to enter such zone.
(e) Loading/Unloading Zones. The Chief of Police is authorized
to designate and to mark loading/unloading zones on the several streets
of the City and no person shall stop, stand, or park a vehicle for any
purpose or length of time other than for the expeditious unloading and
delivery or pick-up and loading of materials in any place marked as a
loading zone during hours when the provisions applicable to loading
zones are in effect. In no case shall the stop for loading and
unloading of materials exceed time indicated on sign( s).
Section 11.5.3. Restrictions on Riding Horses on Streets.
Any person riding, driving, or leading horses within the City must
stay off all streets and roads except to cross the same, and the
crossing must be made at a ninety (90) degree angle to the street
or road. (Ord. No. 12, S3, 1-5-60)
Section 11.6. Responsibility for Motor Vehicles.
No person shall allow, permit, or suffer any vehicle registered
in his name to stand or park in any street, avenue, or alley in the City
in violation of any of the provisions of this chapter regulating the
standing and parking of a vehicle.
Section 11.6.1. Abandonment of Motor Vehicles.
No person being the owner or in control of such vehicle shall
abandon any dismantled, partially dismantled, wrecked, junked, or
nonoperating vehicle on any roadway, street, alley, highway, or other
plblic right-of-way or easement. Such vehicle shall be deemed to have
been abandoned if it remains at such a location for forty-eight (48)
consecutive hours.
Section 11.6.2. Impoundment and Redemption of Illegally Parked Vehicles.
Members of the Police Department shall be vested with the authority
and it shall be their duty to impound any unoccupied vehicle parked in
violation of any of the parking regulations of the City where such vehicle
impedes traffic, creates a traffic hazard, or appears to be abandoned.
Thereafter, such vehicle shall be released to the duly identified owner
thereof only upon the payment of any fine and the storage, towing, and
other impounding charge (s). The Police Department shall exercise due
diligence to identify and notify the owner.
Section 11.7. Traffic Violation Bureau.
The Traffic Violation Bureau of the Police Department of the
City of Winter Springs shall be empowered to issue citations of
violation of parking, standing, and stopping regulations and to
assess and collect fines for such violations.
Section 11.7.1. Issuance of Citations.
(a) Any Police Officer shall attach to any vehicle parked in
violation of this chapter a notice to the owner or operator thereof
instructing the owner to report to the Traffic Violation Bureau of the
City in regard to such violation.
(b) Such citation is and shall remain the property of the City
before and after the serving, deli very, or affixing thereof and is
and shall be considered an integral part of the Police Department. All
persons receiving any such notice in writing, whether by personal
service or by affixing of the same to a vehicle, shall be and are
hereby required to preserve such notice and to bring and present or
otherwise transmit the same to the Traffic Violation Bureau when
answering the charge set forth in such notice.
(c) Each such person shall have five (5) days from the day when
such notice was attached to such vehicle to respond to the Traffic
Violation Bureau.
Section 11.7.2. Fines for Violations.
The penalty for each violation of the regulations relating to
parking, stopping, or standing under any section of this chapter
shall be as adopted by resolution of the City Commission. The owner
or operator of the motor vehicle may pay the amount of fine specified
on the notice of violation within five (5) days of its issuance in full
satisfaction of the citation. Otherwise the penalty shall be as
prescribed by Florida Statute.
Section 11.7.3. Failure to Obey Citation.
(a) The operator or registered owner of a vehicle who willfully
neglects to answer to the charge set forth in a parking violation
notice affixed to such vehicle by a Police Officer shall be
held to have violated this section. The failure of such owner
or operator to make payment of the fine to the Traffic Violation
Bureau within five (5) days of its issuance shall render such
owner or operator subject to maximum prosecution under State
Law, at the discretion of the Court.
(b) Any person who fails to respond to the original parking
violation notice within the time specified on such notice shall
be deemed to have waived the right to contest the merits of such
parking violation.
Sectionll.7.4. Alteration or Destruction of Citation.
No person, whether the recipient thereof or otherwise, shall
willfully throwaway, alter, mar, mutilate, destroy, or discard
the written notice of the City described in Section 11.7.1.
(a) No person finding affixed to any vehicle the written
notice of the City described in Section 11. 7.1 of this chapter,
whether he be the owner, operator, or driver of or a passenger
in the vehicle to which same is affixed, shall willfully throw
away, alter, mar, mutilate, destroy, or discard the written
notice of the City so found affixed to such vehicle.
(b) No person not being the owner or having charge of or
operating a vehicle to which may be found affixed the written
notice of the City described in Section 11. 7.1 of this chapter
shall willfully remove take away, mar, alter, mutilate, destroy, or
discard any such notice so affixed, nor shall any person receive any
such notice from another for the purpose of so multilating or
destroying such notice or for the purpose of constituting himself
the agent of the recipient for any purpose other than the proper and
lawful adjustment, at the Traffic Violation Bureau, of the charge
contained in such notice.
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CITY OF WINTER SPRINGS, FLORIDA
'~.,
400 NORTH EDGEMON AVENUE
WINTER SPRINGS. FLORIDA 32708
Telephone (305) 327-1800
March 15, 1984
The Orlando Sentinel
Legal Advertisements
P. O. Box 2833
Orlando, Fl. 32802
Dear Sirs:
Enclosed please find Notice of Public Hearing for the City of
Winter Springs, Florida, to be published one time in the Little
Sentinel on Sunday, March 25, 1984.
Please send proof of publication and invoice to this office.
Thank you.
Yours truly,
CITY OF WINTER SPRING6
j?,-,~ ~.;;_//- ), 7
I' :i' '"{,,~- L~~ '-~
Nary T. Norton,
City Clerk
TELEPHONE
(305) 327-1800
WINTER SPRINGS, FLORIDA
ZIP CODE 32708
CITY OF WINTER SPRINGS, FLORIDA
NOTICE OF PUBLIC HEARING
NOTICE is hereby given by the City Commission of the City of Winter Springs,
Florida, that said Commission will hold a public hearing on an ordinance
entitled as follows:
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
REPEALING CHAPTER 11 OF THE CODE OF ORDINANCES ENTITLED
"MOTOR VEHICLES AND TRAFFIC"; PROVIDING FOR THE ADOPTION
OF A NEW CHAPTER 11; ADOPTING STATE STATUTES; ASSIGNING
TO THE POLICE DEPARTMENT CERTAIN DUTIES AND POWERS TO
REGULATE MOTOR VEHICLES AND TRAFFIC; ESTABLISHING REGULA-
TIONS GOVERNING OPERATION OF VEHICLES, TRAFFIC, AND
PARKING; SPECIFYING RESPONSIBILITY FOR VEHICLES; EMPOWERING
THE POLICE DEPARTMENT TO ISSUE CITATIONS AND COLLECT FINES
FOR VIOLATIONS OF REGULATIONS HEREIN ESTABLISHED; PROVIDING
FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE.
This Public Hearing will be held at 7:30 p. m. on April 24, 1984
, or as soon thereafter as possible in the Commission
Chamber, City Hall, 400 N. Edgemon Ave., Winter Springs, Florida.
Copies of the proposed ordinance are available in the office of the City
Clerk for inspection. Interested parties may appear at this hearing and be
heard with respect to this proposed ordinance.
Please be advised that, under State Law, if you decide to appeal a decision
made with respect to this matter, you will need a record of the proceedings
and may need to ensure that a verbatim record is made.
Dated this 15th day of March,- 1984.
CITY OF WINTER SPRINGS, FLORIDA
~ /- /lt~L-v
Mary T. Norton,
City Clerk
SECTION III - All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION IV - If any section or portion of a section or sub-
section of this ordinance proves to be invalid, unlawful or unconstitutional
it shall not be held to invalidate or impair the validity, force or effect
of any other section or portion of a section or sub-section or part of this
ordinance.
SECTION V - This ordinance shall take effect upon final passage
and adoption.
Passed and Adopted this 24 day of April, 1984.
CITY OF WINTER SPRINGS, FLORIDA
JOHN V. TORCASO, MAYOR
ATTEST:
Mary T. Norton
CITY CLERK
FIRST READING March 13, 1984
POSTED March 14, 1984
PUBLIC HEARING AND SECOND READING April 24, 1984
ThcDrlando Sentinel
-
. Publiahed Daily
AItamonte Springs, Seminole County, Florida
~hdc of lfloriba} ss.
COUNTY OF ORANGE
Before the undersigned authority personally appeared
Betty Luther
, who on oath says that
she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper
published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad-
vertisement, being a N () t- i c p. () f 'P 1 ] h 1 i c H P rl r i n CJ in the matter of
Repealing Chapter 11 Motor Vehicles and Traffic
in the
Court,
was published in said newspaper in the issues of
Mar.25,1984
Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte
Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin-
uously published in said Seminole County, Florida, each Week Day and has been entered as
second-class mail matter at the post office in Altamonte Springs, in said Seminole County,
Florida for a period of one year next preceding the first publication of the attached copy of ad-
vertisement; and affiant further says that he/she has neither paid nor promised any person,
firm or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
&~
~-<'~
Sworn to and subscribed before me this
27th
day
March
of _
84
~~
~
Notary Public, State of Florida at lar~:
Ny Commission Expires May 25, 1987
BQAded by American Pioneer Casualty Ins. Co.
ADVERTISING CHARGE
$26.10
CITY OF WINTER $PAINOS, FLORIDA
NOTICE OF PUBLIC HEARING
NOTICE is hereby given by the. City
Commission 01 the CIty 01 Wmter
Springs, Florida, that said Commission
will hold a public hearing on an ordi-
nance entitled as lollows
AN ORDINANCE OF THE CITY OF
WINTER SPRINGS, FLORIDA, RE-
PEALING CHAPTER 11 OF THE
CODE OF ORDINANCES ENTI-
TLED "MOTOR VEHICLES AND
TRAFFIC"; PROVII)lNG FOR THE
ADOPTION OF A NEW CHAPTER
11; ADOPTING STATE STAT-
UTES; ASSIGNING TO THE P0-
LICE DEPARTMENT CERTAIN
DUTIES AND POWERS TO REG-
ULATE MOTOR VEHICLES AND
TRAFFIC; ESTABLISHING REGU-
lATIONS GOVERIiIING OPERA-
TION OF VEHICLEs. TRAFFIC.
AND PARKING; SPECIFYING RE-
SPONSIBilITY FOR VEHICLES;
EMPOWERING THE POLICE DE-
PARTMENT TO. ISSUE CITA-
TIONS AND C~lECT FINES
FOR VIOLATIONS OF REGULA-
TIONS HEREIN ESTABl.ISHED;
PROVIDING FOR SEVERABILITY,
CONFLICTS, AND EFFECTIVE
DATE.
This Public Hearing will be held III
7:30 p.m. on April 24, 1984, or as soon
thereafter as possible in the Commis-
sion Chamber, City Hall, 400 N. Edge-
mon Ave., Winter Springs, Florida.
Copies 01 the proposed ordinance are
available in the offlce 01 the City Clerk
lor Inspection. I~ parties may
appear III this hearing and' be heard
with respect to this proposed
ordinance.
Pleaae be advised thllt; under State
law, if you decid, to appeal a deci-
sion. made with 18spect to thIS matter.
you will need a recOrd 01 the proceed-
ings and may need to ensure that a
verbatim record is mede.
Dated this 15th day 01 March. 1984.
CITY OF WINTER SPRINGS,
FLORIDA
IslMary T. Norton
Mary T. Norton
City Clerk
l8-457(6s) __ Ma!-25.1984
FORM NO. AD-264