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HomeMy WebLinkAboutOrdinance 2005-18 On-Street Parking Zones ORDINANCE NO. 2005-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 12 OF THE CODE TO AUTHORIZE THE CITY COMMISSION TO CREATE ON-STREET MOTOR VEHICLE PARKING ZONES ON ROADWAYS LOCATED WITHIN THE CITY; PROVIDING THAT ON-STREET PARKING ZONES MUST BE AUTHORIZED BY THE CITY COMMISSION BY RESOLUTION ON A CASE-BY-CASE BASIS AT A PUBLIC HEARING; MODIFYING THE DUTIES OF THE POLICE CHIEF UNDER CHAPTER 12 OF THE CITY CODE IN ORDER TO IMPLEMENT PARKING ZONES THAT ARE AUTHORIZED BY THE CITY COMMISSION; PROVIDING FOR CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this ordinance is enacted pursuant to the Florida Municipal Home Rule Powers Act, Section 316.018, Florida Statutes, and Chapter 12 of the City Code; and WHEREAS, the City Commission of the City of Winter Springs, Florida, has previously determined that it is in the best interest of the safety, health, and welfare of the citizens ofthe City of Winter Springs to regulate on-street parking; and WHEREAS, the City Commission hereby finds that the continued regulation of on-street parking is necessary for purposes of ensuring adequate vehicular access for police and fire protection, enhancing the visual appearance of neighborhoods, requiring development projects to be responsible for satisfying parking demands and needs on-site, and reducing traffic congestion and on-street accidents; and WHEREAS, the City Commission of the City of Winter Springs, Florida, deems it appropriate in certain cases to evaluate the need and/or benefit relating to on-street parking on a case- by-case basis at a public hearing; and WHEREAS, the City Commission of the city of Winter Springs, Florida, desires to amend the city code to expressly provide that the City Commission may approve on-street parking on a case-by-case basis by resolution at a public hearing; and City of Winter Springs Ordinance No. 2005-18 Page 1 of5 WHEREAS, it is in the best interests ofthe public health safety, and welfare ofthe citizens of Winter Springs to amend the city code in furtherance of the intent and purpose stated herein. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1.Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 13, is hereby amended as follows: (underlined type indicates additions and type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 13. It is intended that the text in Chapter 13 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 12. MOTOR VEHICLES AND TRAFFIC * * * ARTICLE II. Administration * * * Sec. 12-27. Duties and powers of chief of police relative to operation and parking 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 installation 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, and/or by utilization of police officer at any place within the corporate boundaries ofthe 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: *** City of Winter Springs Ordinance No. 2005-18 Page 2 of 5 (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:; d. Establishing parking zones on roadways in accordance with section 12-65 ofthe city code. *** Sec. 12-65. General prohibitions 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: except as follows: (A)Parking of vehicles on roadways may be expressly authorized by city code within a particular zoning district. (B)The city commission may on a case-by-case basis establish site specific parking zones on roadways for vehicles. Such parking zones shall be established by resolution at a public hearing. A parking zone shall be come effective upon the chief of police erecting a sign(s) or marker( s) identifying the parking zone in accordance with the traffic signage requirements ofthis chapter and state law and any conditions set forth in the resolution adopted by the city commission. For purposes ofthis subsection (1)(a) and in lieu of the definition contained in section 12-1 of this chapter, the term "roadway" shall mean all portions of a right-of-way, improved or unimproved, including the paved portion and any shoulder or berm. 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 within thirty (30) feet of points on the curb immediately opposite the end of the safety zone; City of Winter Springs Ordinance No. 2005-18 Page 3 of5 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 office signs prohibit stopping. (C) The city commission my temporary suspend by resolution. the prohibition of parking vehicles on any roadway for emergencies. special events. or other public purposes. The resolution shall identify the dates. time and name ofthe roadway( s) or portion thereof which parking of vehicles shall be allowed. * * * Section 3. Conforming Amendments to the Greeneway Interchange DistriCiection 20-334 (C) stated and stricken below is hereby repealed from the city code in its entirety and the remaining subsections (d) through (j) therein shall be re-Iettered C) through (I) accordingly: Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions . All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. City of Winter Springs Ordinance No. 2005-18 Page 4 of 5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 11TH day of JULY ,2005. JOHN F. BUSH, MAYOR ATTEST: DEBRA FRANKLIN/FOR ANDREA LORENZEO-LUACES, CITY CLERK Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: July 11, 2005 Effective Date: City of Winter Springs Ordinance No. 2005-18 Page 5 of 5 newspaper publication of Ordinance No. 2005-24 and 2004-18 W Vflrvcmm r.coret of the proceedings 1.s made, Includin; the t.s~ tlmony and evidence upon which such appeal Is 10 be based. Tom Tukdarlan Manager COR6239307 JUN.23.30,2QOS ;;r: o'?t~~nfo~r~e~fJ~ s";;\~ 1 pel and will sell at pUblic outcry ~~$ 10 Ihe hlghesl and besl bld- 'n 'I' der for cash: ~u~ fN~83H~~s~IL.gJ;l~r~MJ1~ ;;Ii f. Numbers N81912A1N81912B, Ilcj: ~~~, t~:a~~~~ee~Sb~h:{:~roul: ;~tt owne, rs and tenants, Donald It:~t, L. Houl and;Wanda C. Houl l- and lienholder, Vanderbilt ~~~; Mortgage & Finance Inc. m; on Thursday, July 7, 2005 at milt 9:00 a.m. al Brlghlwood l~ ' Manor Mobile Home Park, ) 4914 SIarvlew Drive, Apop- ~eiL ka, Florida 32712. In~ EDWARDS, & SELLS, P.A. abt: 1800,Secand SIr"I, Sulle 720 10 ~ SaraSala, Flarlda 34236 B " Telephone: (941)363.0110 Ih; AlIorney for Plalnllff 1 lr~ssa M. Sells fie, Florida Bar No. 0352410 ~ COR6239399 JUN.23,30,2oo5 I~ -' ~~~DAoUNCltj~~.':XtL9700~ ~~ 1 AT 6400 UNIVERSITY fe,- ~t~~'Ro~~~tlcIWVJ''1~~: cl i DERS MAY INSPECT VE. ~~ n~LE~S ~~5MDA9;00~ii 10 i UNTIL 4:00PM. TERMS ~:f.; ~FEb ~C~'6s ~~L ~~~J~: ~~ BITTS INC. RESERVES ~' 6~E:~Y~TT~:~C!~6 1 ALL BIDS. I I" , s NOTICE IS HEREBY GWEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING CHANG- ES TO THE WINTER SPRINGS CODE OF ORDI- NANCES: OROINANCE NO. 2005-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING THcETOWN CENTE,R'OISTRICTCODE R.E'LATIVE TO StGNAGE; RERMITTING TEMPO- RARY MENU BOARD, WAYFINDING, AND FIN SIGNS SUBJECT TO RE- STRICTIONS AND UNI- FORM STANDARDS; PRO- ~ VIDING FOR THE REPEAL OF PRIOR IN. In CONSISTENT ORDI NANC- 10, F~c~~~0~n?5WII~'f~ do THE CODE, SEVERABILI_ 10 TY AND AN EFFECTIVE !t~ DATE. 'he OROINANCE NO. 2005-18 In- AN ORDINANCE OF THE In- CITY COMMISSION OF M. ~~~I~~~': O~L~I~ITDEA~ AMENDING CHAPTER 12 OF THE CODE TO AUTHo- lte RIZE THE CITY COMMIS- 86 Line 40 0 at m~~E~O M~RT'b1l'i.,E~~: ~i~f:t66GY698884 e CLE PARKING ZONES ON lN4BU31F6PCI44801 Sl ROADWAYS LOCATED 85 Plvm 20 ri ci- '!j116~~~ TH1-~lV; P~~: ll'~~~g'2~XFG285510 fL ~~ STREET PARKING ZONES It,~~~::;rJG3011033 ~i i: I:h ff.}lS.;rH~Ecfrli,T't:~~~T~ JT4RN67D9GS010592 ol'i i). SION BY RESOLUTION ON COR6249814 6130105 u ~ A CASE-BY-CASE BASIS NOTICEOFPUBUCSAI.E U L oil ~b~I~.}lI~~1-HHJ'M~~~~ Pursuanl 10 Section 715.109, [l' ,:j mi 3~D~~EC~<;'W~RC1~15~ nollce Is hereby given thai D~ 101 THE CITY CODE IN OR- b~e :~~~~nfOrr~.%rl~ s~ll~ III ~ lr- DER TO IMPLEMENT and will sell alpubllcoulcrv I ,) ~~: ~~~K~IWnf8m~~JHN ~o I~e hl9h~st and be$t bld- VI 11 be THE CITY COMMISSION; er or cas; . V ' :~: ~~~':m~G F<;''},.EC~~: eIW~~~':'r HI~mJ~~I~~d 2 MENTS; PROVIDING FOR the contenls therein, if any, Vvl THE REPEAL OF PRIOR abandoned bv previous own- W; ~~~~~~ISl~6'TRE~~fJ: ~.and lenant, TlIIIOthy A. SIW- A 19, TIONS, INCORPORATION 0 ~~ 1~1E,+~~~g~~ ~~~~~ ~r:~h~~~~,:;,;' d~I~!r's~I~tft! rl T1VE DATE. lage Mobile Home Park, 05 1853 M.rohlld AVI..I. Lot 119. ON MONOAY. JULY 11. 2005 Orlanda, Florida 32826. AT 6:30 P.M. OR SOON THEREAFTER IN THE EDWARDS & SELLS. PA COMMISSION CHAMBERS 1800 Second SIreel, Suite 720 ~~ ~OCAT~~IN~1 aW~J"NTER ~~r~~~~':,'/I('lflf)a ~~Ml0 cl 1126 EAST STATE RaAG 434 Attornev for Plaintiff on WINTERSPRlNGS. R.ORIOA Bv: at The proposed. ordinances Alyssa M. Sells of may be Inspecled bv Inler Florida Bar No. 0352410 :~: ~~t.n ':':;:~;~~cfa":~h~gU';h COR6239396 JU N.23,3D.2005 p Ir- Frldav, at Ihe City's Clerk's IlIotfwOltaldoSallillal ~s OffICe,.lacaled al 1126 East Clrldtlildarils.day's r. ~~~r~gs~~ygrld-::.\o~~~~~_ ~.. ~ ce Informallon call (407) 327 0ItIId0SaIIiIaI rs. 1800 1f/27. Persons with disc. ...... /0' JUlies n*ing a$slstance ".J-" ~< v VfJ'roanm recora of the proceedings I,s he!ij tr~~':1~n~~3In:vtl~ee~~ f~1 upon which such appeal pur. Td~,t~~:d~rg~' A 1983 NOBILITY HOMES, W,I ' Manager INC House Troller, VIN 01 . C,OR6239307 JUN.23,30,2005 Numbers N81912A1N81912B, 10Cj: and the contents therein, If th:r NOnCE IS HEREBY GIVEN THAT any" abandoned by previous t1~. THE CITY OF WINTER SPRINGS owners and tenants, Donald tlo . PROPOSES TO ADOPT L. Hout and Wanda C. Hout sh THE FOLLOWING CHANG- and lienholder, Vanderbilt an . ES TO THE WINTER Mortgage & Finance Inc. m' SPRING~ CODE OF ORDI. on Thursday, JUly 7, 2005 at mil, NANCES. 9:00 a.m. at Brlghtwood l~ ' OROINANCE NO. 2005-24 Manor Mobile Hqme Park, ce) AN ORDINANCE OF THE 4914 Starvlew Drive, Apop. P , CITY COMMISSION OF ka, Florida 32712. In ~ THE CITY OF WINTER EDWARDS & SELLS P A ab(' l~~INNJ\~G JlEQ~h~AN 1800 Secondstrjlet, S~lt'; nO to ~ : ,CENTERlllSTRrCrCODE Sarasota, "Iorldq34236 BI" R~LATNE TO SIGNAGE; Telephone: (94))363.0110 he RERMITTING TEMPO- Attorney for Plaintiff to I RARY MENU BOARD, By' ac , WAYFINDING, AND FIN Alvssa M Sells ti . . ~~~~~T~g~iE'iTNJO u~1: Florida B'ar No. 0352410 ~ :, ' FORM STANDARDS; PRO- COR6239399 JUN.23,JO,2oo5 to VIDING FOR THE THIS AUCTION WILL BE In ' ~ REPEAL OF PRIOR IN. HELD ON 7/14/05. AT 9:00AM st .' I CONSISTENT ORDINANC- AT 6400 UNIVERSITY f'i~ jO~ ~c~~~o~n?6-~TII~~~ ~t~~'RO~~NETc'WVJ'AB~~: ~~i do THE CODE, SEVERABILI- DERS MAY INSPECT VE- P"6" do, bY T~ND AN EFFECTIVE ~h'RLE~S ~~5MPA9;00~~ to j ,to A . UNTIL 4:00PM. TERMS ~Ol' he ORDINANCE NO. 2005-18 ARE CASH OR CERTI- g'.f.l In- AN ORDINANCE OF THE FlED FUNDS ONLY. TIB- =-)h In. CITY COMMISSION OF BITTS INC. RESERVES ~ M. ~~~ I WS~ O~ L"bl:NDEA~ 6~E RR~Y~T T~NA-iCf~6 J AMENDING CHAPTER 12 ALL BIDS. I ~rz~HfH~og~~~~~~I~: 86 Line 40 !~ ~~ SION TO CREATE ON- lLNBP96F6GY698884 STREET MOTOR VEHI- 93 NI.. 40 CLE PARKING ZONES ON lN4BU31F6PCI44801 ROADWAYS LOCATED 85 Plym 20 cj- '!jl6~~~ TH~~iTl; P~~: ~n:~gI2~XFG285510 vie, STREET PARKING ZONES YS3AB35J9GJOll033 ~ MUST BE AUTHORIZED 86 Toy P/U ch BY THE CITY, COMMIS- N67D9G5010592 I). SION BY RESOLUTION ON 49814 6130105 ~ ~TCt~Eu~li~~.fA:~SJ~ N FPUBUCSALE all MODIFYING THE DUTIES Pursuant to Section 715.109, Is, OF THE POLICE CHIEF notice Is hereby given that fill UNDER CHAPTER 12 OF the fOllowing property will lot THE CITY CODE IN OR- be offered for pUblic sale Jr- DER TO IMPLEMENT and will sell at public outcry 1 re- PARKING ZONES THAT to the highest and best bld- VI ~~ ~~~ c~N~g~~fs~lo't; der for cash: . V Ik, PROVIDING FOR CON. A 1997 UBERTY House Troller, 10- t.g~W; ~~OVID~~J~gR ;;'~~o~~~~:~h~~~~~ a~~~ ~ THE REPEAL OF PRIOR abandoned by previous own- V f; ~~~~~~ISI~6'TRE2~fJ: er.and tenant, nll101by A. Sow- ~, TIONS, INCORPORATION '" nd INTO THE CODE, SEVER. on ThurSday, July 7, 2005 at le- ABILITY AND AN EFFEC- 11:00 a.m. at Universltv VII. TIVE DATE. loge Mobile Home Park, e5 ON MONDAY, JULY 11. 2005 1:~~~~~~~I~~3~;2k~1 119. AT6:30 P.M. OR SOON THEREAFTER IN THE EDWARDS & SELLS, P.A. COMMISSION CHAMBERS 1800 Second Street, Suite 720 ~~ ~OCAT~~'N~~ aW~J"INTER ~~r~'1:~':;/I~lr)a~i~lO d 1126 EAST STATE ROAD 434 Attorney for Plaintiff on WINTER SPRINGS, R.ORIDA By: at The proPosed. ordinances Alyssa M. Sells of may be Inspected by Inter- Florida Bar No. 0352410 Ir. ested parties between 8 a.m. COR6239396 JUN.23,JO,2005 :~: ~~?d~:"'~'i't~~~rs t~r~~~,~ loot fw 0rtIIId0 SeIIliIeI ~s ~:~~~e, k~g~ed 4~,l1tt,~f:: c.-.&IiIdIr iI Sulday'1 r. Springs, Florida. For more ~IIII GI ce Information call (407) 327- lIrIIIdoSeIliuIClNI i l'IMf7ri:'~:'.a~~r~t~~sg; 1lIIyUy. 41-<