HomeMy WebLinkAboutChapter_74_TRAFFIC_AND_VEHICLESChapter 74 - TRAFFIC AND VEHICLES
ARTICLE III. - STOPPING, STANDING, PARKING
Sec. 74-56. - State law adopted
Sec. 74-56.5. - Stopping, standing or parking in rights-of-way prohibited.
Sec. 74-57. - Penalties. Authority to establish no parking zones
Sec. 74-58. - Authority to establish no parking zones. Designation of fire lanes
Sec. 74-59. - Dune parking prohibited. Definitions
Sec. 74-60. - Truck parking. Areas where parking is prohibited
Sec. 74-61. - Overnight parking. Metered parking
Sec. 74-62. - Designation of fire lanes. Violations
Sec. 74-63. - County's civil traffic infraction hearing officer program adopted.
Fines for parking violations
Sec. 74-64 – Towing; use of immobilization devices
Sec. 74-65 – Limitation of liability
Sec. 74-66 – Withholding of license tags
Sec 74-67 – Administrative review process
Sec 74-68 – Appeals
Sec 74-69 – Special event rates and parking licenses
Sec. 74-70 – Parking permits, issuance, and display
Sec. 74-71 – Towing unauthorized vehicles from private real property
Sec. 74-56. - State law adopted.
F.S. §§ 316.194 and 316.1945 are adopted as stopping, standing and parking regulations for the city.
(Code 1981, § 685.01; Ord. No. 40-93, § 1, 10-19-93)
Sec. 74-56.5. - Stopping, standing or parking in rights-of-way prohibited.
(a) In addition to any prohibition imposed by state law, no person shall stop, stand or park a vehicle on any portion of a right-of-way, improved or unimproved, including on a sidewalk
or on the paved portion and any shoulder or berm, except when necessary to avoid conflict with other traffic, or to comply with law, the directions of a police officer or official traffic
device. The term "sidewalk" shall be as defined in F.S. § 316.003 and shall include any portion of a sidewalk that traverses a driveway.
(b) This section shall not be construed to prohibit the parking of vehicles on beach-end streets where expressly authorized by the City Code, nor shall it be construed to prohibit parking
on designated parking areas located in rights-of-way which are legally nonconforming as of November 4, 2010. This section shall also not be construed to prohibit the temporary parking
of service or delivery vehicles on a right-of-way (excluding sidewalks), provided such vehicles are in actual use providing service or delivery and provided such vehicles do not obstruct
pedestrian or vehicular traffic.
(c) The city council may authorize the temporary parking of vehicles on a right-of-way (excluding sidewalks) during seasonal holidays and special events.
(Ord. No. 16-2010, § 2, 11-4-10)
Sec. 74-57. - Penalties.
(a) [Violations.] Any person violating this article shall be punished in accordance with the schedule as follows:
Violation
Penalty
(1) Parked in excess of authorized time $ 30.00
(2) Parked in no parking zone 30.00
(3) Parked in loading zone 30.00
(4) Parked in reserved zone without permit 30.00
(5) Parked irregularly (extending over boundary) 30.00
(6) Parked in handicapped space 100.00
(7) Parked double or obstructing traffic 30.00
(8) Parked on sidewalk 30.00
(9) Parked on ocean dunes 100.00
(10) Parked in fire lane 30.00
(11) Other 30.00
(b) Surcharge on parking fines.
(1) A surcharge in the amount of $10.00 is hereby imposed on all parking fines imposed under this article for parking violations occurring within the city, for the sole purpose of funding
school crossing guard programs.
(2) The proceeds collected from this surcharge shall be placed in the "Cape Canaveral School Crossing Guard Trust Fund," which is hereby established, and funds collected from this surcharge
shall be distributed quarterly to fund school crossing guard programs. The city may set aside funds derived from this surcharge to pay for star-up costs and recurring administrative
costs related to printing new tickets or other means of implementing the school crossing guard program.
(Code 1981, § 685.06; Ord. No. 6-93, § 1(685.06), 4-6-93; Ord. No. 29-93, § 1(685.06), 9-21-93; Ord. No. 40-93, § 3, 10-19-93; Ord. No. 1-94, § 2, 2-1-94; Ord. No. 29-2003, § 2, 9-16-2003;
Ord. No. 14-2009, § 2, 1-5-10)
Sec. 74-587. - Authority to establish no parking zones.
(a) Except as provided in subsection (b) of this section, the chief law enforcement officer may establish no parking zones by designating those places where motor vehicles are prohibited
from parking. The chief law enforcement officer shall place a sign or other identifying mark indicating no parking zones.
(b) The city fire chief shall designate all fire lanes in which it shall be unlawful for any vehicle to park in accordance with the provisions of section 74-6258. The city fire chief
or designee is designated as a parking enforcement specialist who may enforce prohibitions against parking in fire lanes.
(Code 1981, § 685.02; Ord. No. 40-93, § 2, 10-19-93; Ord. No. 1-94, § 1, 2-1-94)
Sec. 74-6258. - Designation of fire lanes.
(a) The city fire chief shall be authorized to designate fire lanes on or in a public street, alley, roadway or premises, or on any public property which, in his opinion, would be necessary
or desirable for the free movement of fire apparatus or of firefighting personnel responding to or operating at a scene of a fire or other public emergency.
(b) Designated fire lanes authorized by the city fire chief shall be appropriately identified with signs bearing the words "Fire Lane, No Parking." The signs and lettering shall be standard
information type traffic signs, with red letters on white background. In addition, the city fire chief may require diagonal striping placed on or in any public street, alley, roadway
or premises or on any public property or any private property to which the public has access and the words "Fire Lane, No Parking" painted thereon in letters no less than 18 inches
in length.
(c) The city fire chief may require, as a condition of the issuance of a building permit, site plan or development plan, that the owner thereof designate fire lanes on the property subject
to the building permit, site plan or development plan when the city fire chief determines that such designation is necessary to protect the public health, safety and welfare. Any such
private property designated as a fire lane shall be marked in accordance with subsection (b) of this section. and subject to the provisions of subsection (d) of this section.
(d) Vehicles, equipment or materials parked or stored in an area designated as a fire lane shall be removed, ticketed and/or impounded upon the order of the city fire chief or designee
or the chief law enforcement officer of the city, and all costs of such removal and impounding shall be assessed against the owner, lessee or other person having control of such vehicle,
equipment or material. (Ord. No. 1-94, § 3, 2-1-94)
Sec. 74-59. - Dune parking prohibited.
It shall be unlawful for any vehicle to park on any of the ocean dunes, and any such parking may be ticketed as a violation of this article.
(Code 1981, § 685.03)
Cross reference— Waterways, ch. 106.
- Definitions.
For this article, the following definitions shall apply:
"Acceptable monetary payment" shall mean United States currency including dollar bill, five-dollar bill, ten-dollar bill, or twenty-dollar bill, credit card, debit card, smart card or
other acceptable legal tender accepted by the parking meter to purchase parking time.
"Beach end street" means a street within the city that has as its east terminus the Atlantic Ocean or the dune line which runs north and south parallel to the Atlantic Ocean.
"Commercial vehicle" and "trailer" shall mean any agricultural, construction or industrial equipment, or any bus, step van, truck or tractor. The term shall include any motor vehicle
upon which commercial lettering has been affixed. The term shall also include, but shall not necessarily be limited to, a pickup truck with an altered cargo box, or from which the cargo
box has been removed. Any motor vehicle with tools, building materials or merchandise visible from the street or from abutting residential property shall also be deemed a commercial
vehicle.
“Duly authorized city representative" shall mean any city employee or an employee of Brevard County Sheriff’s Office authorized to enforce parking regulations.
"Illegally parked" shall mean a vehicle that is not properly parked within a designated parking space by exceeding a distance of 12 inches from the curb if parallel parked, overhanging
the lines designating the adjacent parking space, impeding the adjacent driving aisle, exceeding the posted time limit, and /or failing to pay all applicable parking fees.
"Immobilization device" or "boot" shall mean a device which is attached to the vehicle rendering it un-driveable, and which is used to aid in the collection of unpaid parking violations.
"Legally parked" shall mean a vehicle that is properly parked within a designated parking space. The tires of the passenger side of the vehicle, if parallel parked, shall be within
12 inches from the curb. No portion of the vehicle shall overhang the lines designating the adjacent parking space. For angled parking, the vehicle shall be pulled forward as far
as possible and in no way impede the adjacent driving aisle. The vehicle shall not overhang the adjacent parking lines designating the parking space. The vehicle shall not exceed
the posted time limit in the designated parking space, and shall have paid all applicable parking fees.
"Metered parking" shall mean parking that requires payment based on the length of time the vehicle is parked in an identified location.
"Overtime parking" occurs when a vehicle exceeds the allowable time for a vehicle parking in a parking meter zone or in a timed parking area or other parking area which limits the amount
of vehicle parking time.
"Parking citation" is a paper ticket affixed to a vehicle for non - moving violations of city codes or Florida Statutes issued by a duly authorized representative of the city. Parking
citations have a monetary penalty or fine attached to each violation as described in Appendix B – Schedule of Fees.
"Parking meter" shall mean a single space or multi -space mechanical or electronic device that accepts payments for vehicles parking in parking spaces within parking meter zones, and
registers and displays that appropriate payment has been made.
“Parking meter space” shall mean any space within a parking meter zone, which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the
curb or on the surface of the street.
"Parking meter zones" shall mean specific areas defined by location within the city for which metered parking fees are imposed.
"Sidewalk" shall be as defined in F.S. § 316.003 and shall include any portion of a sidewalk that traverses a driveway.
"Timed parking area" shall mean areas that are established which limit the length of time that parking is permitted.
Sec. 74-60. - Truck parking.
It shall be unlawful for any truck weighing 6,000 pounds or more to park anywhere within the City of Cape Canaveral for more than four consecutive hours where so posted.
(Code 1981, § 685.04; Ord. No. 11-99, § 1, 8-17-99)
- Areas where parking is prohibited.
It shall be a violation of this article to stand, stop or park any vehicle in the city within, on or upon:
(a) An area posted with a sign which restricts parking to a specific time limit in excess of the fixed time limit;
(b) Any specifically designated and marked parking space or spaces provided for certain disabled persons, unless such vehicle displays a parking permit issued pursuant to F.S. §320.0848,
and such vehicle is transporting a person eligible for the parking permit;
(c) In addition to any prohibition imposed by state law, no person shall stop, stand or park a vehicle on any portion of a right-of-way, improved or unimproved, including on a sidewalk
or on the paved portion and any shoulder or berm, except when necessary to avoid conflict with other traffic, or to comply with law, the directions of a police officer or official traffic
device. This section shall not be construed to prohibit the parking of vehicles on beach-end streets where expressly authorized by the City Code, nor shall it be construed to prohibit
parking on designated parking areas located in rights-of-way which are legally nonconforming as of November 4, 2010. This section shall also not be construed to prohibit the temporary
parking of service or delivery vehicles on a right-of-way (excluding sidewalks), provided such vehicles are in actual use providing service or delivery and provided such vehicles do
not obstruct pedestrian or vehicular traffic. The City Council may authorize the temporary parking of vehicles on a right-of-way (excluding sidewalks) during seasonal holidays and
special events. (Transfer from 74-56.50)
(d) Any bicycle path, crosswalk, median, or in any fire lane designated and approved by the fire chief and posted with an official sign;
(e) Within any right-of-way or land in which the state, the county or the city has a legal interest and which is devoted to or required for use as a public street, including improved
and unimproved property, sidewalks and swales therein and any area within a roadway which is not open to
vehicular traffic, for the purpose of:
1. Displaying such vehicle for sale, lease or rent;
2. Washing, greasing or repairing such vehicle, except repairs necessary in an emergency parking of a disabled vehicle; emergency repairs are repairs that require less than 24 hours
to make vehicle operable from time of emergency parking; or
3. Displaying advertising.
(f) Any city, county or state parking facility in violation of any lawfully posted signs restricting the use of the facility; or
(g) Any right-of-way in a manner obstructing the operation of curbside collection services vehicle or container collection service vehicles in the performance of collection responsibilities.
(h) Any of the ocean dunes; (Transfer from 74-59)
(i) Any truck weighing 6,000 pounds or more for more than four consecutive hours where so posted.
(j) Overnight parking on any of the beach end streets east of Ridgewood Avenue between the hours of 10:00 p.m. and 5:00 a.m., (Transfer from 74-61)
(k) This section shall not apply to the parking of any commercial vehicle, with or without trailer, upon the paved portion of a right-of-way for any period of time in which the operator
of the vehicle is actively engaged in deliveries, lawn maintenance or other trade activity upon the abutting property, if there is insufficient unoccupied driveway space upon the abutting
property to accommodate the length of the vehicle and trailer, if any. However, in every event, an unobstructed width of the paved portion of the right-of-way opposite the vehicle and
trailer, if any, shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon
the paved portion of the right-of-way. No such vehicle or trailer shall be stopped or parked on the paved portion of a right-of-way within 50 feet of any street intersection or marked
crosswalk.
Sec. 74 -61.- Overnight parking.
It shall be unlawful for any vehicle to park on any of the beach end streets east of Ridgewood Avenue between the hours of 10:00 p.m. and 5:00 a.m., and any such parking shall be ticketed
as a violation of this article. For the purposes of this section, the term "beach end street" means a street within the city that has as its east terminus the Atlantic Ocean or the
dune line which runs north and south parallel to the Atlantic Ocean.
(Code 1981, § 685.05)
- Metered parking.
(1) The establishment or modification of locations designated to be parking meter zones shall be by resolution.
(2) The city is hereby authorized to install, or have installed, parking meters for the parking spaces in parking meter zones.
(3) Each parking meter zone shall provide notification that parking in that parking meter zone requires payment.
(4) Each parking meter shall mechanically or electronically indicate expiration of the paid parking time for the parking spaces covered by that parking meter.
(5) The fees to be charged by parking meters in each parking meter zone shall be as described in Appendix B – Fee Schedule.
Sec. 74 -62. - Violations.
(1) It shall be a violation of this article for any person to allow any vehicle registered in his name or under his control to be illegally parked or in overtime parking. A parking
citation may be issued to owners of vehicles illegally parked or in overtime parking.
(2) Whenever any vehicle without a driver is found parked, stopped, or standing in violation of this article or other city ordinance or by the laws and regulations of the state, duly
authorized personnel may affix a parking citation to such vehicle.
(3) The fact that the time device on any working parking meter is showing no time remaining shall be presumptive evidence that the vehicle is in overtime parking.
(4) It shall be a violation of this article for any person to deposit or cause to be deposited in any parking meter any slug, device, or inappropriate substitute for acceptable monetary
payment, or to use any external device to falsely register time on a parking meter. It shall also be unlawful to insert foreign objects into the parking meter or to tamper with or
to damage the parking meter in any way as set forth in F.S. § 877.08.
(5) It shall be a violation of this article to tamper with or to damage an immobilization device attached to a vehicle.
(6) The fact that a parking citation has been previously issued for a vehicle in overtime parking shall not prevent duly authorized representatives of the city from issuing a subsequent
parking citation. A subsequent parking citation may be issued for each subsequent violation of the maximum time limit provided on the legend of the parking meter or the posted signage.
Sec. 74 -63.- County's civil traffic infraction hearing officer program adopted.
Pursuant to F.S. chs. 316 and 318, the city shall participate in the county's civil traffic hearing officer program as set forth in sections 106-75, 106-76, 106-77 and 106-49, excepting
that certain fee schedule as adopted in 106-49(a)(1) of the ordinances of the county. (Ord. No. 6-95, § 1, 3-21-95)
- Fines for parking violations.
(1) A schedule of fines for parking violations within the city shall be listed in Appendix B – Fee Schedule.
(2) Parking violation fines as set forth in the Fee Schedule shall be paid within 15 calendar days from the date of issuance of a parking citation.
(a) Parking violation fines not paid within 15 calendar days from the date of the parking citation shall be subject to a penalty fine as described in the Fee Schedule.
(b) Parking violation fines and penalty fines for which full payment is not received within 90 calendar days from the date of issuance may be referred to a collection agent or a private
attorney pursuant to F.S. § 938.35, and additional penalties as described in the Fee Schedule will apply.
(c) In the case of overpayment of a parking violation fine and penalty fine, no refund shall be made if payment of any previous or subsequent parking citation is due and owing on any
vehicle owned by the same registered owner of the vehicle, as long as such parking citation is not under appeal. The city shall apply such credit balance to the oldest outstanding
delinquent parking citation first.
(3) Surcharge on parking fines.
(a) A surcharge in the amount of $10.00 is hereby imposed on all parking fines imposed under this article for parking violations occurring within the city, for the sole purpose of funding
school crossing guard programs.
(b) The proceeds collected from this surcharge shall be placed in the "Cape Canaveral School Crossing Guard Trust Fund," which is hereby established, and funds collected from this surcharge
shall be distributed quarterly to fund school crossing guard programs. The city may set aside funds derived from this surcharge to pay for start-up costs and recurring administrative
costs related to printing new tickets or other means of implementing the school crossing guard program. (Transfer from 74-57)
Sec. 74 -64. - Towing; use of immobilization devices.
(1) Duly authorized city representatives are hereby authorized to direct the removal and impoundment of any vehicle in areas where signs have been posted indicating that it is a location
from which vehicles will be removed if they are parked illegally.
(2) Law enforcement officers and duly authorized city representatives of the city are hereby authorized to direct the removal and impoundment of any vehicle that is impeding traffic.
(3) Duly authorized city representatives are hereby authorized to attach, or have attached, an immobilization device, which prevents a vehicle from being moved under its own power, to
a vehicle, or to have such vehicle towed, under the following conditions:
(a) The vehicle has, on at least three (3) prior occasions, been issued parking citations which the registered owner has failed to respond to by paying the fines and penalties resulting
from the parking citations or by requesting an appeal hearing as provided in section 74-68 to contest the parking citations; and
(b) The registered owner of the vehicle has been given written notice by mail that the vehicle will be subject to the provisions of this section if the owner does not pay all of the
fines and penalties for all outstanding parking citations for that vehicle.
(4) The city manager or designee shall maintain a current list of all vehicles to which an immobilization device may be attached and /or which may be towed pursuant to this section.
(5) If an immobilization device is attached to a vehicle under the provisions hereof, the immobilization device shall be attached to the vehicle at any location within the city where
the vehicle is found, providing such location is in a right-of-way or a place where the public is invited to travel or a parking area owned or under the control of the city, except
that no vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public
or to traffic.
(a) At the time an immobilization device is attached to a vehicle, a notice shall be affixed to the windshield or to the left front window stating that the immobilization device has
been attached. The notice shall state the total amount of the unpaid parking citations and all associated fees and
fines for which the vehicle is immobilized, plus the fee for removal of the immobilization device, and the information regarding the methods and locations for paying the amount due.
(b) The immobilization device shall be removed from the vehicle only upon payment of the outstanding parking citations and associated fines and penalties for which the vehicle has been
immobilized plus the fee for removal of the immobilization device. However, if an immobilization device remains on a vehicle for more than 48 hours, the vehicle may be towed and impounded.
The vehicle shall remain impounded until the costs of towing and impoundment, as well as all outstanding parking citations and associated fines and penalties and immobilization device
removal charge, are paid.
(6) If a vehicle is towed under the provisions hereof, the vehicle information shall be forwarded to the communications division of the police services department.
Sec. 74 -65. - Limitation of liability.
The city specifically disclaims liability for any damages, injuries, or losses caused by or resulting from the use of an immobilization device and /or from towing and impoundment as
used in the provisions hereof.
Sec. 74 -66. - Withholding of license tags.
Pursuant to F.S. § 316.1967(6), the city may periodically supply to the department of highway safety and motor vehicles (DMV) a listing of persons who have three (3) or more unpaid parking
citations. The city shall notify the DMV to remove a person from such list only after all unpaid parking citations and all associated fines and penalties are paid.
Sec. 74-67. - Administrative review process.
The Financial Services Department is authorized to dismiss a parking citation under the following circumstances:
(a) Defective meters. If a person who has received a parking citation for overtime parking believes the parking meter used to determine the overtime parking violation is defective or
malfunctioning, such person shall notify the city's parking administrative office in writing of the alleged defect or malfunction within 72 hours of the time of issuance of the parking
citation by completing a form, which can be obtained on the website or in person at City Hall, and filing it with the Financial Services Department.
1. If the meter is found to be functioning properly, the person who contacted the city shall be notified in writing by the Financial Services Department, and all fines and penalties
shall be due and payable within 15 days of the date of the notification.
2. If the meter is found to be defective or malfunctioning, the person who contacted the city shall be notified in writing by the Financial Services Department and the parking citation
shall be deemed to be invalid and all fines and penalties shall be removed.
(b) Failure to display a valid permit. If a person who holds a valid permit receives a parking citation for overtime parking because the permit or placard was not properly displayed,
such person shall bring the permit to the Financial Services Department within 15 calendar days of the issuance of the parking citation. There shall be an administrative fee assessed
as described in Appendix B – Schedule of Fees for dismissing the parking citation based on an improperly displayed placard.
(c) The decision of the city's parking administrative office is appealable to the County’s civil traffic infraction hearing officer program.
Sec. 74-68. - Appeals.
(1) Any person issued a parking citation, or is the owner of a vehicle on which an immobilization device has been attached and /or is the owner of a vehicle that has been towed and impounded
for parking violations under this article, hereinafter referred to as the appellant, may file an appeal to establish if the parking citation was wrongfully issued, or if the vehicle
had the immobilization device improperly attached or if the vehicle was improperly towed due to the failure to meet the provisions of this article.
(2) Pursuant to F.S. chs. 316 and 318, the city shall participate in the county's civil traffic hearing officer program as set forth in sections 106-75, 106-76, 106-77 and 106-49, excepting
that certain fee schedule as adopted in 106-49(a)(1) of the ordinances of the county. (Transfer from 74-63)
(3) An appeal must be submitted in writing by the appellant within fifteen (15) days of issuance of the parking citation and state the basis of the appeal thereof by the appellant, or
within three (3) days from the time an immobilization device was attached to the vehicle and /or the vehicle was towed and impounded. The filing of an appeal requires the payment of
the appropriate appeal fee as set forth in Appendix B – Fee Schedule.
Sec. 74-69 - Special event rates and parking licenses.
(1) Special rates. The city manager or designee may authorize a special single event rate in any parking meter zone.
(2) Revocable parking licenses. A revocable license by which the city agrees to license parking spaces within a metered parking zone may be issued by the city. The city manager may
issue such a revocable license for a period of time not to exceed five (5) consecutive days in any 90 day period and the fee for such license shall be determined by the city manager.
Any revocable license for a period longer than five (5) days shall require review by the Planning and Zoning Board and /or the City Council, as appropriate. The fee for such license
shall be listed in Appendix B – Fee Schedule. A placard specifying the location and dates of the license may be issued for display in the vehicle(s) utilizing the license.
Sec. 74-70, Parking permits, issuance, and display.
(1) Interested individuals may apply for a nontransferable annual parking permit. Such permit shall be issued by the City on a calendar year basis, expiring December 31 of each year.
The fee for such permit shall be listed in Appendix B – Fee Schedule and shall not be prorated. The permit shall be displayed in the lower left corner of the rear window of the vehicle.
In the case of a motorcycle, the permit shall be displayed on the rear of the vehicle.
(2) City Residents may request a portion of their ad valorem taxes paid to the city be used to offset the cost of one parking permit per household.
Sec. 74-71. - Towing unauthorized vehicles from private real property.
(1) An owner of private real property shall not be permitted to authorize the towing of unauthorized vehicles from the property unless the following requirements are met:
(a) The owner has complied with the provisions of F.S. § 715.07 and the provisions of this section which impose a more stringent requirement than the statute.
(b) Except for any property which is vacant, unimproved and upon which no structure is constructed, and except for residentially zoned property, the property owner or his agent shall
have given an express instruction to a towing company to tow a vehicle. The express instruction shall be evidenced by the physical presence of the property owner or his agent at the
time of the towing, and the written statement and signature of the property owner or his agent on the receipt to be furnished to the owner or operator of the vehicle being towed or
removed that the vehicle was towed and removed based on his express instruction. An agent for a property owner shall not be an officer, agent or employee of the towing company. An express
instruction shall be considered to have been given only if the instruction does not occur in advance of the actual unauthorized parking of the vehicle or if the instruction is not general
in nature and is related to specific, individual and identifiable vehicles which are already parked without authorization.
(c) The storage yard to which the vehicle is towed is open from 8:00 a.m. to 11:00 p.m. on the day on which the vehicle is towed.
(2) Any private property owner who has violated or who has been cited for a violation of any of the provisions of this section shall be punished in accordance with all provisions regarding
enforcement of ordinances contained in this Code, including but not limited to, reference of the violation to the Code Enforcement Board.
(3) The city, when acting pursuant to an agreement between it and a property owner, shall be exempt from the provisions of this section; provided, however, that the provisions of F.S.
§ 715.07 shall be applicable to any such agreement.
Sec. 110-321. - Protection of public beach-end parking.
In the R-3 (medium-density residential) zoning district there exists beach-end public parking as described in the following schedule:
Public Beach Access
# of Public Spaces
Location (side of street)
1
Harbor Heights
12, plus 1 handicapped 10
East side
2
Canaveral Sands
0
N/A
3
Washington
10 11
North side
4
Adams
8 9
North side
5
Jefferson
8 9
North side
6
Madison
14 15
North side
7
Monroe
15 13
North side
8
Jackson
16, plus 1 handicapped 14
North side
9
Harrison
14 17
North side
10
Tyler
14 15
North side
11
Polk
7, plus 1 handicapped 13
North side
12
Taylor
14 19
North side
13
Fillmore
13 17
North side
14
Pierce
14 17
North side
15
Buchanan
12, plus 1 handicapped 14
North side
16
Lincoln
9 13
North side
17
Johnson
10 7
North side
Access to property lying adjacent to these public parking facilities shall be subject to the following:
Ingress and egress to future development or redevelopment projects shall not cause the removal or reduction of any existing beach-end public parking spaces, except as provided herein.
If, by operation of this section, ingress and egress to the property is denied, the property owner may apply for a variance under this chapter. To be entitled to such a variance, the
property owner must demonstrate that no reasonable alternative ingress or egress is available. Reasonable alternatives include, but are not limited to, existing driveways, alleys, or
access easements. This subsection is supplemental and in addition to any requirements provided within section 110-62 or any other provisions of the City Code.
Where a variance is granted, the maximum number of beach-end public parking spaces to be removed shall be two spaces or 20 feet.
For any multiple-dwelling-unit development or redevelopment, ingress and egress access shall only be provided through a single shared driveway to minimize the elimination of beach-end
public parking spaces.
(Ord. No. 37-2003, § 2, 10-21-03)