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HomeMy WebLinkAbout2005 07 11 Public Hearing Item 404- 2nd Read Ordinance 2005-18; Street Parking by Resolution COMMISSION AGENDA ITEM 404 Consent Information Public Hearin2 X Re~ular July 1 L 2005 Meeting MG~/DEPT /~ Authorization REQUEST: The Public Works Department requests the City Commission adopt on 2nd Reading Ordinance 2005-18 providing for allowing on street parking by resolution. PURPOSE: The purpose of this request is to provide the City Commission the ability to approve on street parking by resolution. APPLICABLE LAW AND PUBLIC POLICY Winter Springs Section 12-65(1)a 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; b. On a sidewalk; c. Within. . . .. .. CONSIDERATIONS: On street parking is currently prohibited by code except as provided for in the Town Center. The City Commission would like the ability to allow on street parking on a case by case basis such as has been discussed for George Street. This ordinance provides for the City Commission to allow on street parking by resolution. Additional changes to Chapter 12 provide a method for the Police Chief to implement any parking zone resolution approved by the City Commission. The City Attorney has added into the ordinance 12-65(1)(a)(C) which incorporates the City Commissions request to be able to temporarily suspend by resolution the prohibition of parking vehicles on any roadway for emergencies, special events, or other public purpose. 071105_ COMM]ublic _Hearing_ 404_ Ordinance_2005-18 _ On_ Street]arking 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. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Chapter 13, is hereby amended as follows: (underlined type indicates additions and strikeout 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 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: * * * City of Winter Springs Ordinance No. 2005-18 Page 2 of5 (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 zoneS7~ 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: tAl Parking of vehicles on roadways may be expressly authorized by city code within a particular zoning district. ill} 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 of this chapter and state law and any conditions set forth in the resolution adopted by the city commission. For purposes of this subsection (l)(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 anv 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; 1. On any railroad tracks; J. At any place where office signs prohibit stopping. ll) The city commission may temporarily 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 Distri<S:ection 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-lettered C) through (I) accordingly: (c) Right!, of vvay. Parking is prohibited on rights of way or along driveways. 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 _ day of ,2005. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-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: Effective Date: City of Winter Springs Ordinance No. 2005-] 8 Page 5 of 5 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 P~NGZONESONROADWAYSLOCATEDWITHINTHE 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 P~NG 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 ofthe 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. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Chapter 13, is hereby amended as follows: (underlined type indicates additions and sttikGout 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: fA) Parking of vehicles on roadways may be expressly authorized by city code within a particular zoning district. lID 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 ofthe 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; 1. On any railroad tracks; J. At any place where office signs prohibit stopping. (g 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 CD therein shall be re-Iettered C) through (1) accordingly: (c;) Rights ufvvay. rat king isplohibitcdonIights ofwa)' 01 alongdlivcWa)'5. 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, wordar 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 of5 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 11TH day of JULY , 2005. ATTEST: Approved as to legal form and sufficiency for the City of Winter Springs only: A. GARGANESE, City Attorney First Reading: Second Reading: July 11, 2005 Effective Date: i~ City of Winter Springs Ordinance No. 2005-18 Page 5 of5