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HomeMy WebLinkAboutOrdinance 479 Section 11-18 ORDINANCE NO. 479 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA; ADOPTING SECTION 11-18, STOPPING, STANDING, AND PARKING; PROVIDING FOR CON- FLICTS; SEVERABILITY AND EFFECTIVE DATE. WHEREAS, it is in the best interest of the public's health, safety and welfare to regulate the stopping, standing and parking of vehicles within the corporate limits of the City of Winter Springs, Florida. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AS FOLLOWS: No person shall stop, stand, or park a vehicle in violation of the regulations cited hereinbelow, unless a sign is present posting advice to the contrary. 1. That Section 11-18 is adopted as follows; (1) 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; a. Stop, stand, or park a vehicle: 1. on any roadway 1 2. on a sidewalk, 3. within an intersection, 4. on a crosswalk or within ten (10) feet of a crosswalk; 5. between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the end of the safety zone, 6. alongside or opposite any street excavation or obstruction; 7. upon any bridge or other elevated structure; 8. upon a highway or within a highway tunnel; 9. on any railroad tracks; 10. at any place where official signs prohibit stopping. 12-06-89 01:42 PM P02 b. Stand or park a vehiole whether oocupied or not, except momentarily to pick up or discharge a passenger or passengers: 1. in front of a public or private driveway; 2. within fifteen (15) feet of a fire hydrant; 3. within twenty (20) feet of a crosswalk at an interseotion; 4. within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway; 5. 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 property signpostod; 6.at any place where official signs prohibit standing. c.Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers 1. within fifty (50) feet of the nearest rail of a railroad crossing, unless the department of transportation establishes a different distance due to unusual circumstances; 2. where official signs prohibit at any place parking. d. No person shall move a vehicle not owned by such person into any prohibited area. 2. Any and all or parts of Ordinances in conflict herewith are hereby repealed. 3. This Ordinance shall take immediate effect upon its passage and approval. -2- Passed and adopted this 8th day of January, 1990. CITY OF WINTER SPRINGS, FLORIDA LEANNE M. GROVE, MAYOR ATTEST: Mary T. Norton CITY CLERK First Reading 12/11/89 Posted 12/12/89 Second Reading and Public Hearing 1/8/90 .' ," Chapter 11 MOTOR VEHICLES AND TRAFFIC 01-7) ~ (;J/ .:G h). ~ Art. 1. In General, ~~ 11-1-11.15 Art. n. Regulations, ~~ 11-16-11-30 Art. m. Citations, ~~ 11-31-11-35 Editor's note-Ord. No. 294, ~~ 1, 2, adopted Apr. 24,1984, repealed Ch. 11, ~~ 11-1-11-5, captioned Motor vehicles and traffic, and enacted new provisions, relative to the same subject matter, which are set forth herein. Prior to repeal, former, Ch. 11 was derived from Ord. No. 12, ~ 1, adopted Jan. 5, 1960; Ord. No. 41, 9~ 1-3, adopted May 3, 1965; Ord. No. 69, ~ 1, adopted Jan. 3, 1972; and Ord. No. 113, ~9 1-3, adopted Jan. 27, 1975. ARTICLE I. IN GENERAL ...--. Sec. 11-1. Definitions. The following words and phrases shall, for the purposes of this chapter, have the mean- ings 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 conditional 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 lessee or mortgagor, the latter shall be deemed the owner for the purposes 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. Supp. No. 33 621 ~ 11-1 WINTER SPRINGS CODE ~ 11-4 Safety zone. The area of 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 convey- ances 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 perso~s or property and for being drawn by a motor vehicle. Truck. Every motor vehicle designed, used, or maintained primarily for transportation of property. Vehicle. Every device in, upon, or by which any person or property is or may be trans- ported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks. (Ord. No. 294, ~ 2(11.3),4-24.84) Sec. 11-2. 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 available for public inspection. (Ord. No. 294, ~ 2(1l.1), 4-24-84) Sec. 11-3. Duties of the police department 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 persons charged with such violations, to investigate accidents, to cooper- ate 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. (Ord. No. 294, ~ 2(11.2),4-24-84) Sec. 11-4. 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 Supp. No. 33 '- 622 /'~". ~ 11-4 MOTOR VEIDCLES AND TRAFFIC ~ 11-4 of proper signs or markers, by installation of official traffic control devicesr and/ar by utiliza- tion of police officers to direct motorists. The presence of such signs or markersr 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: (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.ofthe city.; c. Adopting and enforcing such temporary or expellUnental regulations as may be necessary to cover emergencies. or special conditions;; d. Requiring written accident reports,. (2) Designating uses or prohibitions for streetsr Restricting the use of streets; Designating particular highways or roadways for use by traffic moving in one direction; Designating any street as a through street or any intersection as a stop or yield intersection; Prohibiting or regulating the use of controlled-access roadways by any class or kind of trafilc;. ProhibitingoT'JreguTatingthe use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic; Designating and regulating traffic on play streets; Designating and regulating traffic in school zones and hospital zones. a. b. /-. c. d. C'_ f. g. ; (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. (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. ,..-.. Supp. No. 33 623 ~ 11-4 WINTER SPRINGS CODE ~ 11-18 (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. (Ord. No. 294, ~ 2(11.4). 4-24-84) '- Sees. 11-5-11-15. Reserved. ARTICLE II. REGULATIONS Sec. 11-16. General. The sections below specify regulations pertaining to operation of motor vehicles. includ- ing driving. stopping, standing. and parking. within the city limits, as well as regulations governing other types of transportation and traffic. (Ord. No. 294, ~ 2(11.5).4-24-84) Sec. 11-17. 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-mile-per-hour speed limit hereby established 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-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. 294, ~ 2(11.5.1).4-24-84) --;:::::: Sec. 11-18. Stopping. standing, and parking. No person shall stop. stand, or park a vehicle in violation of the regulations cited herein- below. unless a sign is present posting advice to the contrary. (1) 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: a. Stop, stand, or park a vehicle: 1. on any roadway; 2. on a sidewalk; ',-- Supp. No. 33 624 ~ 11-18 MOTOR VEHICLES AND TRAFFIC .: ~ 11-18 ,.- 3. within an intersection; 4. on a crosswalk or within ten (10) feet of a crosswalk; 5. between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the end of the safety zone; 6. alongside or opposite any street excavation or obstruction; 7. upon any bridge or other elevated structure; 8. upon a highway or within a highway tunnel; 9. on any railroad tracks; 10. at any place where official signs prohibit stopping. b. Stand or park a vehicle whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: 1. in front of a public or private driveway; 2. within fifteen (15) feet of a fire hydrant; 3. within twenty (20) feet of a crosswalk at an intersection; 4. within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway; 5. 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; 6. at any place where official signs prohibit standing. c. Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers: 1. within fifty (50) feet of the nearest rail of a railroad crossing, unless the department of transportation establishes a different distance due to unusual circumstances; 2. at any place where official signs prohibit parking. d. No person shall move a vehicle not owned by such person into any prohibited area. (2) Prohibited purposes. No person shall stand or park a vehicle upon a roadway for the ~~ purpose of: . ! \ ~ ~ i a. Displaying it for sale; ( \ -I b. Washing, greasing, or repairing such vehicle except repairs necessitated by an \ {/Vi emergency. \"---. ~ (3) 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 indicated 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. ----- Supp. No. 33 625 9 11-18 WINTER SPRINGS CODE 9 11-30 (4) 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 driver 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. (5) 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 expedi- tious unloading and delivery or pickup 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). (Ord. No. 294, 92(11.5.2),4-24-84) '--' Sec. 11-19. 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. (Ord. No. 294, 9 2(11.6),4-24-84) Sec. 11-20. Abandonment of motor vehicles prohibited. 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 public 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. (Ord. No. 294, 9 2(11.6.1), 4-24-84) '--..- Sec. 11-21. hnpoundment and redemption of illegally parked or abandoned 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. (Ord. No. 294, 9 2(11.6.2), 4-24-84) Sec. 11-22. 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-degree angle to the street or road. (Ord. No. 294, 9 2(11.5.3),4-24-84) Sees. 11-23-11-30. Reserved. Supp. No. 33 ,--,,' 626 ~ 11-31 MOTOR VEHICLES AND TRAFFIC ',' ~ 11-35 ARTICLE III. CITATIONS Sec. 11-31. Powers and duties of 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. (Ord. No. 294,~ 2(11.7),4-24-84) Sec. 11-32. 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, delivery, 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. (Ord. No. 294, ~ 2(11.7.1),4-24-84) ... -~... Sec. 11-33. Fines for violations. The penalty for each, violation of the regulations relating to parking, stopping, or stand- ing 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. (Ord. No. 294, ~ 2(11.7.2),4-24-84) Sec. 11-34. 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. (Ord. No. 294, ~ 2(11.7.3),4-24-84) ----... Sec. 11-35. 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 11-32. Supp. No. 33 627 ~ 11-35 ~TERSPRLNGSCODE .: ~ 11-35 (1) No persqn finding affixed to any vehicle the written notice of the city described in section 11-32 of this article, whether he be the owner, operator, or driver of or a passenger in the vehicle to which same is affixed, shall willfully throwaway, alter, mar, mutilate, destroy, or discard the written notice of the city so found affixed to such vehicle. "- (2) 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 11-32 of this article 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 mutilating or destroying such notice or for the purpose of constitut- ing 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. (Ord. No. 294, ~ 2(11.7.4),4-24-84) '--_/ ,......., [The next page is 673] '-----" Supp. No. 33 628 The Orlando Sentinel Publiahed Daily Altamonte Sprinp, Seminole County, Florida ~tate of Jflori~(t} SS. COUNTY OF ORANGE Before the undersigned authority personally appeared .Tuan i ta Rosado , 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 Notice of Public Hearing in the matter of Ordinance 479 in the Court, was published in said newspaper in the issues of T")::>(",FmhPr ? 4 , 1 q Rq 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 "v~tfu<pub'ationm C)7;;~ftj20cnM Sworn to and subscribed before me this 26th of December A.D., 1989 ~ ,.~~ \...c,. f~ Notary Public f';'; .' ADVERTISING CHARGE $32.52 day NOTICE OF PUBLIC HEARING CITY OF WINTER SPRINGS, FLORIDA NOTICE IS HERESY GIVEN by the City Commission of the City of Winter SP.!"ings, FIorld.8, thai said Commission will hOld a Public 1-Iearing on an orlli- nance enlltIed as follows: ORDINANcE NO. 479 AN ORDINANCE OF THE CITY OF WIN- TER SPRINGS, FLORIDA" ADOPTING SECTION 11-18. STOPPING, STANO- lNG, AND PARKING; PROVIDING FOR CONFUCTS; SEVERABIUTY AND EF- FECTIVE DATE. I This Public Heari will be held at 7:30 p.m. on January"g, 1990, or as soon thereafter as possible in the C0mmis- sion Chamber, City Hall, 1126 Eaat S.R. 434, Winter Springs, A. 32708. Copies of the proposed ordinance are available in th8 office of the City Clerk for inspection. Interested parties may appear at lIlis hearing and be '-'d with respect to Ihis proposed on:Iinance.