HomeMy WebLinkAboutOrdinance 2014-06 On-Street Parking ORDINANCE NO. 2014-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY,
FLORIDA; REGULATING ON-STREET PARKING ON
ROADWAYS WITHIN THE CITY; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law ("Home Rule"); and
WHEREAS, this Ordinance is enacted pursuant to Home Rule, Section 316.008, Florida
Statutes, and Chapter 12 of the City Code; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined
that it is in the best interest of the safety, health, and welfare of the citizens of the 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, requiring development projects to be responsible for satisfying parking demands and
needs on-site, protecting roadways from unreasonable wear and tear because they are unsuitable
for parking, and reducing traffic congestion and on-street accidents; and
WHEREAS, during the last few years, the City Commission has conducted an on-street
parking study to determine whether some roadways within the City can safely accommodate a
certain amount of on-street parking; and
WHEREAS, in furtherance of this study, the City Commission of the City of Winter
Springs, Florida, deems it appropriate to evaluate the long term need and/or benefit relating to
on-street parking based on the balancing of parking, safety and other needs of the City and the
citizens of Winter Springs; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, desires to
amend the City Code to modify the on-street parking prohibition for certain roads within the City
based, on the advice and recommendation of the police chief and city engineer, in order to
accommodate the parking needs of certain areas of the City that have roadways that are capable of
adequately supporting some level of on-street parking; and
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Ordinance No. 2014-06
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WHEREAS, the City Commission of the City of Winter Springs, Florida, also desires to
amend the City Code to authorize the chief of police to issue temporary parking permits allowing
on-street parking on roadways where such parking remains prohibited, under certain conditions,
for emergencies, special events, and other public purposes; and
WHEREAS, it is in the best interests of the public health, safety, and welfare of the
citizens of Winter Springs to amend the City Code in furtherance of the intent and purpose stated
herein; and
WHEREAS,the City Commission of the City of Winter Springs,Florida,hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. The City of Winter Springs Code of Ordinances,
Section 12-65 is hereby amended as follows(underlined type indicates additions and strikeout type
indicates deletions):
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:
1. Parking on collector roads shall only be permitted within designated on-street parking
spaces approved by the City. Parking of vehicles on roadways not designated an arterial
or collector road shall be permitted provided the roadway has a minimum width of 22-feet
of paved parkable roadway width and either a concrete ribbon curb, gutter or Miami curb.
For purposes of this subsection, the concrete ribbon curb, gutter, or Miami curb shall be
included in the measurement of the paved parkable width. be expressly authorized by City
Code within a particular zoning district.
2. Upon recommendation of the chief of police and city engineer, Tthe city commission
may on a case-by-case basis establish site specific parking zones on roadways for purposes
of allowing the parking of vehicles in areas where parking is prohibited by this section
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Ordinance No. 2014-06
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provided such allowance is otherwise allowed by law. Such parking zones shall be
established by resolution at a public hearing. A parking zone shall become effective upon
the chief of police erecting a sign(s)or marker(s)identifying the parking zone requirements
established by the commission 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.
3. The chief of police (including any City law enforcement officer designated by the
chief), in accordance with the authority granted under sections 12-26 and 12-27 of the city
code and other applicable traffic laws, city commission may grant temporary parking
permits authorizing the parking of vehicles on roadways where on-street parking is
prohibited suspend by resolution, the prohibition of parking vehicles on any roadway for
emergencies, special events, or other public purposes. The resolution permit shall identify
the dates, time, duration, and name of the roadway(s) or portion thereof which parking of
vehicles shall be allowed, provided the permit is limited in duration to the minimum
necessary to accommodate the emergency, special event or other public purpose and does
not authorize overnight on-street parking. Such permits shall also be subject to immediate
revocation by the chief of police if the chief of police determines that the permitted
on-street parking is negatively affecting the public health, safety and welfare of the area or
interfering with safe vehicular or pedestrian traffic flow.
For purposes of this 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;
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 standing, stopping or parking;
City of Winter Springs
Ordinance No. 2014-06
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k. On any portion of a roadway with a horizontal curve where the centerline street radius
is 100-feet or less as determined by the city engineer, plus the first 30-feet from both ends
of the curve.
(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 intersection;
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 such
entrance, when property signposted;
f. At any place where official signs prohibit standing or parking;
g. Within three (3) feet of a city utility meter.
(3) Park a vehicle, whether occupied or not, except temporarily 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
transportation 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.
Section 3. 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 4. 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
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Ordinance No. 2014-06
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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 5. 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 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the
City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 10th day of March, 2014.
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CHA LES LACEY 4or
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ATT
P A LORENZO-LUACES
City •lerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR ' CITY OF WINTER SPRINGS ONLY.
/",
ANTHONY A. GARGANESE
City Attorney
First Reading: February 24, 2014
Legal Ad Published: February 27, 2014
Effective Date: March 10, 2014
City of Winter Springs
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