HomeMy WebLinkAboutOrdinance No. 14-2011 w/votes 1
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I FAILED TO PASS AT SECOND READING 12/20/2011
ORDINANCE NO 14 -2011
1 C AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III
OF CHAPTER 74 RELATED TO STOPPING, STANDING
AND PARKING; PROVIDING FOR DEFINITIONS;
PROHIBITING PARKING IN DESIGNATED AREAS;
AUTHORIZING METERED PARKING IN DESIGNATED
AREAS OF THE CITY; ESTABLISHING PARKING FINES
AND PENALTIES; AUTHORIZING TOWING AND
1 IMMOBILIZATION OF ILLEGALLY PARKED VEHICLES;
PROVIDING FOR ADMINISTRATIVE REVIEW AND
APPEALS; AUTHORIZING ANNUAL PARKING PERMITS;
ESTABLISHING REGULATIONS FOR TOWING VEHICLES
FROM PRIVATE PROPERTY; MAKING CONFORMING
AMENDMENTS TO CHAPTER 110 RELATED TO BEACH -
i i END PARKING IN THE R -3 MEDIUM - DENSITY
I RESIDENTIAL ZONING DISTRICT; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
I RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
C Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
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WHEREAS, the City Council desires to establish a parking meter program in the City of
Cape Canaveral as an additional means of revenue; and
WHEREAS, in furtherance of establishing its parking meter program, the City Council
desires to establish uniform rules and regulations related to parking and penalties for violations of
same; and
WHEREAS, the City Council desires to streamline and update its existing stopping,
standing, and parking regulations set forth in Chapter 74, Vehicles and Traffic, to provide a
comprehensive and efficient set of regulations; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
I Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
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BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
I County, Florida, as follows:
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City of Cape Canaveral
1 Ordinance No. 14 -2011
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Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 74, Traffic and Vehicles, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and J liikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 74. It is intended that the text in Chapter 74 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 74. TRAFFIC AND VEHICLES
* * *
ARTICLE II. TRUCKS
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Secs. 74 -33. — 74 -5554. Reserved.
ARTICLE III. STOPPING, STANDING, PARKING
Sec. 74 -55. Reserved7, Definitions.
As used in this article, the following words shall have the following definitions, except if the
text clearly denotes otherwise:
Acceptable monetary payment shall mean United States currency including one - 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 a 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, commercial 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 employees of the
Brevard County Sheriff's Office or Cape Canaveral Volunteer Fire Department authorized to enforce
City of Cape Canaveral
Ordinance No. 14 -2011
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C parking regulations.
Illegally parked shall mean not properly parked within a designated parking space by if
parallel parked, exceeding a distance of 12 inches from the curb, encroaching over the lines
designating the adjacent parking space, impeding the adjacent driving aisle, exceeding the posted
time limit, or failing to pay all applicable parking fees.
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Immobilization device or boot shall mean a device which is attached to the vehicle rendering
it unable to be driven, and which is used to aid in the collection of unpaid parking violations.
Legally parked shall mean 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 encroach over 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 exceed the posted time limit in the designated parking
space, and shall have paid all applicable parking fees.
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j 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 remains parked in a parking meter zone beyond the
meter time paid for, or in a timed parking area beyond the time period or time frame during which
l parking is permitted.
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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
1 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.
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Parking meter zones shall mean specific areas defined by location within the city for which
I 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.
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I Timed parking area shall mean areas that are established which limit the length of time or
4 the time frame that parking is permitted.
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i C City of Cape Canaveral
Ordinance No. 14 -2011
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C Sec. 74 -56. State law adopted.
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F.S. §§ 316.194 and 316.1945 are adopted as stopping, standing and parking regulations for
1 the city.
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1 (b) Thi3 3..,tivu Tall nut L., .,vii3li u.,d lv piu1ibil tl■, Failing of v.,Li.,l.,3 uti La.,11-.,ild
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i.1.,wa1ks), piovidcd such vchicics ai., in actual use providin scrvicc oi dclivciy and
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C ( .,) Th., .,it .,vuu.,il may authviiL.e the t paikiiig of velii., vii a right- a-way
(oa.,ladi,i sidewalks) dcuiii scasulial holidays and 1 1.,.,ial .,edits.
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(a) [Violations.] Arty po -suii diulatiii lli•n aitidc liall L puiiiALd in awuidaii e with
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(1) Parkcd iii .,, of authoiiLcd tun., $ 30.00
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(2) Pa,l..,d in no parkin Lurie 30.00
3) Parkcd in load;
li Lv „c 30.00
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(4) Pail.Z d i ii ,w.,i vcd Loire withuut p 30.00
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(5) Paikl,d iii.,gdlaily (cticndiiig uvCi buuildaiy) 30.00
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(6) PaiLd in Laiidi.,apped paw 100.00
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Ordinance No. 14 -2011
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1 (7) Paikcd doablc vi ULAiucti,rg t,affic 30.00
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1 (8) Pa,ked VII Jid. walk 30.00
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I (9) Paiktd un v.,.,aii duii.,N 100.00
(10) Parkcd in f, c lace 30.00
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(11) Ot1i.,1 30.00
(b) Surcharge on parking fines.
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(1) A Dui. iia, p. in tl,c aiiivu „l of $10.00 ;3 1,cl. L i i„po3cd on all parkin fi,�cs
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solc l,uil,v�., of h 3l.11001 crossin gua,d programs.
1 (2) The pivc cv11cctcd fiv „i 1lii J ai drat gc 311all be placcd in the "Capc
Candy cial SchVVi Ciu33i116 Guard 1 I which 13 hcicLy wtablir1icd, and
3 fuii& cx,16.ted f,oin t1i. su,cha,gc shall 1, distiibutcd g um L,ly tv fund md.vvl
tv Fay fin tai - .,tmt3 and ,.,.,u„i„g adii,iiuAiatiJ., ■,v3tn lLlat.,d to 1„i„ tii,g ,lcvc*
t • j l - - - . 1 - . - . • - - - - •• , - = .. • • •:. . .
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i C Sec. 74- 5758. Authority to establish no parking zones.
I (a) Except as provided in subsection (b) of this section, the chief law enforcement officer
I 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
1 identifying mark indicating no parking zones.
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1 (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 -5862. The city fire chief or
designee is designated as a parking enforcement specialist who may enforce prohibitions
i against parking in fire lanes.
Sec. 74 -58. Designation of fire lanes.
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1 Lai The city fire chief or the fire chiefs designee 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 or her 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.
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(b) Designated fire lanes authorized by the city fire chief or the fire chief's designee shall
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City of Cape Canaveral
Ordinance No. 14 -2011
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I be appropriately identified with signs bearing the words "Fire Lane, No Parking." The signs
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and lettering shall be standard information type traffic signs, with red letters on white
background. In addition, the city fire chief or the fire chief's designee may require diagonal
j 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.
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(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
j 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
l subsection (b) of this section.
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Sec. 74 -59. Areas where parking is prohibited. .
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It shall be a violation of this article to stand, stop or park any vehicle in the city as follows:
1 Lai Within an area posted with a sign restricting parking to a specific time limit or time
frame, when standing, stopped or parked in excess of that time limit or time frame.
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Within any specifically designated and marked parking space or spaces provided for
certain disabled persons, unless such vehicle displays a parking permit issued pursuant to
I C section 320.0848, Florida Statutes, and such vehicle is transporting a person eligible for the
) parking permit.
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( c) Within 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 subsection 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 were legally
nonconforming on 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
1 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 manager may
authorize the temporary parking of vehicles on a right -of -way (excluding sidewalks) during
j seasonal holidays and special events.
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Within any bicycle path, crosswalk, median, or in any fire lane designated and
approved by the fire chief and posted with an official sign.
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Within any right -of -way or land in which the state, county or city has a legal interest
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and which is devoted to or required for use as a public street, including improved and
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City of Cape Canaveral
Ordinance No. 14 -2011
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unimproved property, sidewalks and swales therein and any area within a roadway which is
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not open to vehicular traffic, for the purpose of
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UJ Displaying such vehicle for sale, lease or rent;
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
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Displaying advertising.
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ff Within any city, county or state parking facility in violation of any lawfully posted
signs restricting the use of the facility;
Within any right -of -way in a manner obstructing the operation of curbside collection
service vehicles or container collection service vehicles in the performance of collection
responsibilities;
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1 Lill Within or on any of the ocean dunes;
For more than four (4) consecutive hours for any truck weighing 6,000 pounds or
more, where so posted;
I C g) At the beach end on Harbor Drive or on any of the beach -end streets east of
Ridgewood Avenue overnight between the hours of 10:00 PM and 5:00 AM.
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This section shall not apply to the parking of any commercial vehicle, with or without
a 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
1 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
1 crosswalk.
It shall be unlawful f.,, any v diklk, it, pail un any .,f tli,... vccau dum .n, and airy UJL paiki„6
may l,c tiattLd aS a violation of this di tiG1G.
Sec. 74 -60. Metered parking. T-r-trek--par-king
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Oj The City hereby establishes a parking meter program whereby the City shall install
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C City of Cape Canaveral
Ordinance No. 14 -2011
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parking meters for the parking spaces located in parking meter zones established by
resolution of the City Council.
O Each parking meter zone shall clearly communicate that the parking spaces located
in that zone require payment.
( c) Each parking meter shall mechanically or electronically indicate the expiration of the
paid parking time for the parking spaces covered by that parking meter.
1 Fees for parking in metered parking spaces shall be established by resolution of the
City Council and set forth in Appendix B — Fee Schedule.
It hall L� u,� la w ful f ul any huJ. w.,i 6,000 puuud6 ui 111.,1 (0 pail. anywhere within
thv City of Capt. Canavcial fut. ni.n than foai F uA%.,d.
Sec. 74-61. Violations.
Oj It shall be a violation of this article for any vehicle to be illegally parked or in
overtime parking. A parking citation may be issued to the registered owner of vehicles
illegally parked or in overtime parking.
IL 3j Whenever any vehicle without a driver is found parked, stopped or standing in
violation of this article, other city ordinance, or of the laws and regulations of the state, duly
authorized personnel may affix a parking citation to such vehicle.
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(c) The fact that the time device on any working parking meter is showing no time
remaining shall be conclusive evidence that the vehicle is in overtime parking.
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 section 877.08, Florida Statutes.
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Lej It shall be a violation of this article to tamper with or to damage a parking meter or
an immobilization device attached to a vehicle.
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 for the maximum time limit provided on the legend of the parking
1 me ter or the posted signage.
It shall be unlawful fug an to i faik vii any of 3t1 raA.,f Rid6w.,ud
City of Cape Canaveral
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Ordinance No. 14 -2011
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synth paiallcl to thc Atlantic Occan.
i Sec. 74 -62. Fees, fines and penalties for parking violations; surcharge. Designaticnr of-fire
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tithes:.
bj The City Council shall, by resolution, establish any fees, fines and penalties
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authorized by this article. Said fees, fines and penalties shall be as set forth in Appendix B
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— Fee Schedule.
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Parking citations shall be paid within 15 calendar days from the date of issuance.
Parking citations unpaid after 15 calendar days from issuance shall be subject to additional
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fines and penalties.
g (c) Parking citations unpaid after 90 calendar days from the date of issuance may be
I referred to a collection agency or an attorney pursuant to section 938.35, Florida Statutes, and
I shall be subject to additional fines and penalties.
i Overpayment of a parking citation shall not entitle the registered owner of the vehicle
to a refund if the registered owner has any other unpaid, pending parking citations. Any
surplus payment shall be credited to the oldest unpaid parking citation first. Any remaining
surplus after all unpaid citations are satisfied in full shall be returned the registered owner
of the vehicle.
t A surcharge in the amount of $10.00 is hereby imposed on all parking fines and
citations imposed under this article for parking violations occurring within the city, for the
sole purpose of funding school crossing guard programs. 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.
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la) Thy .,lty flt,.,liiyf Tall by autliuiizcd to dcsi „ate fiic lams on 01 111 a t,abllc J tiet,
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1VJ1.1011d111g In 01 0pviatlll6 at a Jt, 0f a f11c 01 0thC1 public Cincr
j (b) DLslgnatt,d fir c lant,J aut11u1 iL .,d b di, .,;ty 111 t, t,1llt,f Jl1all by apps op iatvly i&ntifk,d
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With Jigns bcalia thc words "F11c Lain,, N0 Paiki11 T11. 1g113 and lattt,1;11g Alall by
standa1d ;idol inat1V11 typt, ti afflt, 3.W13 with lt,d lt.tt�+ J 011 wllltc backgro and. hl addition, tht,
9 , . • - •. - . ' . . - • - .. - • • • . • 111 - , . • , ...
1 City of Cape Canaveral
i Ordinance No. 14 -2011
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C V V V V . • 1111 V VS • IP • • V '• V UV ' V " 111
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1 ( Thu .,qty file Jaf stray tcquitc, as a .,ouditiun of the ibulall.,., of a building p.,ttnit,
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Any such piivat., piupelty dkbi6ttakd ai a ft., lam., ,liall L., marked hi accotdau.,., with
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(d) Vr1ii.,lw, ., ut uuakiialb pat k.,d ui �tui.,J l it all at .,a designated as a
film-
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1 Judi x.,111.,1.,, i gU1ptuGUt 01 titattlai.
1 Sec. 74 -63. Towing; use of immobilization devices. Cudnty" ..iv1 II aff... n1f. adieu healing
Duly authorized city representatives may direct the removal and impoundment of any
illegally parked vehicle located in areas indicating that illegally parked vehicles will be
removed.
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Duly authorized city representatives may direct the removal and impoundment of any
vehicle that is impeding traffic.
1 (c) Duly authorized city representatives may provide for an immobilization device to be
attached to a vehicle preventing it from being moved under its own power, or to have such
vehicle towed, under the following conditions:
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t UJ The vehicle has, on at least three (3) prior occasions, been issued parking
citations for which the registered owner has failed either to pay or appeal pursuant
to the requirements of this article; and
The registered owner of the vehicle has been given written notice by mail that
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the vehicle will be subject to immobilization or towing if the owner does not pay all
outstanding parking fines imposed pursuant to this article.
The city manager or designee shall maintain a current list of all vehicles to which an
1 immobilization device may be attached and /or which may be towed pursuant to this section.
1 The city shall not be liable for any damages, injuries or losses caused by or resulting from
the immobilization, towing or impoundment of any vehicle.
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Ordinance No. 14 -2011
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Vehicles may be immobilized pursuant to this section at any location within the city
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where the vehicle is found, providing such location is in a right -of -way or another place the
public is invited to travel, or a parking area owned or under the control of the city. 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.
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if Vehicles immobilized pursuant to this section shall have affixed to the windshield
or to the left front window a conspicuous notice stating that an immobilization device is
attached to the vehicle. The notice shall provide the total parking fines past due, plus the fee
for removal of the immobilization device, and the information regarding the methods and
i locations for paying the amount due.
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The immobilization device shall be removed from the vehicle upon full payment of
the outstanding parking fines for which the vehicle was 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
I remain impounded until the costs of towing and impoundment, as well as all other
outstanding parking fines authorized pursuant to this article, are paid in full.
1 (h) If a vehicle is towed under the provisions hereof, the vehicle information shall be
forwarded to the communications division of the sheriff's department.
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Sec. 74 -64. Withholding license tags.
The city manager or designee may periodically provide a list of persons who have three (3)
or more outstanding parking citations to the department of highway safety and motor vehicles
( DHSMV). Any such list shall be consistent with the requirements of section 316.1967(6), Florida
Statutes. Persons whose names appear on the list may not be issued a license plate or revalidation
) sticker until that person's name no longer appears on the list or until the person presents a receipt
from the city showing that the outstanding fines have been paid. The city shall notify the DHSMV
to remove a person from such list only after all outstanding parking fines are paid.
Sec. 74 -65. Administrative review.
i The financial services department is authorized to dismiss a parking citation under the
following ng circumstances:
Defective meters. Any person issued a parking citation under this article for overtime
parking who believes that the parking meter used to determine the violation was defective
1 or malfunctioning may notify the city's parking administration office in writing of the alleged
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defect or malfunction within 72 hours of the issuance of the parking citation. Such
notification shall be on a form prescribed by the city manager and available on the city's
website or at city hall. The completed form shall be submitted to the financial services
department.
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.
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If the meter is found to be defective or malfunctioning, the person who
I contacted the city shall be notified in writing by the financial services department and
the parking citation shall be deemed void.
I 021 Failure to display a valid permit. A valid permit holder who receives a parking
citation for overtime parking because the permit or placard was not properly displayed may
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bring the permit to the financial services department within 15 calendar days of the issuance
of the parking citation. An administrative fee shall be assessed for dismissing the parking
citation based on an improperly displayed placard.
1 Sec. 74-66. Appeals.
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bj The registered owner of any vehicle subject to the issuance of a parking citation, the
C immobilization or towing of their vehicle, or the decision of an administrative official may
appeal to the county's civil traffic infraction hearing officer program.
Lb) Appeals shall be submitted in writing to the financial services department,
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accompanied by an appeal fee, within 15 days of the issuance of the citation, the date of the
immobilization or towing, or the decision of the administrative official and shall state, in
detail, the basis for the appeal.
Sec. 74 -67. Special event parking fee.
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Special event parking fees established by resolution of the city council shall apply to any
event requiring the use of or impacting any parking meter zone.
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Sec. 74 -68. Parking permits.
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Any person may apply to the City for a nontransferable annual parking permit. Such
1 permit shall be valid during the current calendar year, expiring December 31 of each year.
1 The fee for such permit shall be established by resolution of the city council and shall not be
prorated. The permit shall be clearly displayed in the lower left corner of the rear window
1 of the vehicle. In the case of a motorcycle, the permit shall be displayed on the rear of the
motorcycle.
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Ordinance No. 14 -2011
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1 C (b) City residents may request a portion of their ad valorem taxes paid to the city be used
1 to offset the cost of one (1) parking permit per household.
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I Sec. 74-69. Towing unauthorized vehicles from private property.
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I bj An owner of private real property shall not be permitted to authorize the towing of
1 unauthorized vehicles from the property unless the following requirements are met:
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i (1) The owner has complied with the provisions of F.S. § 715.07 and the
i provisions of this section which impose more stringent requirements than the statute .
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i gj Except for any property which is vacant, unimproved and upon which no
i structure is constructed, and except for residentially zoned property, the property
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1 owner or his agent shall have given an express instruction to a towing company to
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i tow a vehicle. The express instruction shall be evidenced by the physical presence of
i the property owner or his agent at the time of the towing, and the written statement
I 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
i and removed based on his express instruction. An agent for a property owner shall
i not be an officer, agent or employee of the towing company. An express instruction
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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 a l already a inna p tu arkd h
nature and without authorization. htaeudttoosrizpeactiifionc,. individual and identifiable vehicles which
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I gj 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.
1 (121 Any private property owner who has violated or who has been cited for a violation
1 of any of the provisions of this section shall be punished in accordance with all provisions
regarding enforcement of ordinances contained in this Code.
fsi The city, when acting pursuant to an agreement between it and a property owner, shall
I be exempt from the provisions of this section; provided, however, that the provisions of F.S.
1 § 715.07 shall be applicable to any such agreement.
Section 3. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
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I sit ikk-uat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
1 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and
I set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
I CHAPTER 110. ZONING
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) ARTICLE VII. DISTRICTS
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) DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
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1 Sec. 110-32 1. Protection of public bea h e d parking.
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In the R3(medium-density 36d residential) zoning district ereeistsbeach-end p public ring
1 as described int o following kh d le:
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/ Public Beach Access # of Public Spaces Location (i &deo street)
} Harbor Heights 12, plus 1handicapped l East side
] Canaveral Sands 0 N/A
1 Washington +0 11 North side
j Adams § 9 North side
1 C Jefferson 9 9 North side
Madison +4 15 North side
Monroe +5 13 North side
1 Jackson 14 North side
) Harrison +4 \ 7 North side
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} Tyler +4 15 North side
] Polk 57plus 13 North side
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} Taylor +4 1 North side
1 Fi]moe +3 17 North side
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Pierce +4 17 North side
Buchanan 14 North side
1 Lincoln 91 North side 1
) Johnson +0 7 North side
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C Access to property lying adjacent to these public parking facilities shall be subject to the following:
(1) 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.
(2) If, by operation of this section, ingress and egress to the property is denied, the
1 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
1 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
1 provided within section 110 -62 or any other provisions of the City Code.
(3) Where a variance is granted, the maximum number of beach -end public parking
spaces to be removed shall be two spaces or 20 feet.
(4) 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.
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Section 4. Conforming Amendment to Section 10 -72, Metered Parking. Section 10-
72, Metered Parking, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended
as follows (underlined type indicates additions to and strikcobt type indicates deletions from the text
existing in Section 10 -72:
Sec. 10 -72. Metered Parking.
If any outdoor entertainment requires the use of metered parking spaces or impacts an area
that will result in a loss of revenue from parking meters due to the outdoor entertainment event, the
1 applicant shall be subject to a special event parking fee authorized by resolution of the city council.
1 .. ' . . .. - • . • .. . . • . - • , - - - . . . .
seaioi. 4iall bc det..niiied dui ia thc cvcat planniii iiicctiii aud shall bc dac to thc Lity alon with
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ilfUltiFfied by th , ■ • . .. . . . i . i . i . -
• • V •• : • V V • V V V • : V i d . :, . .11 . V • . : ' i
emergency vehicle access is not affected.
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1 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
I C City of Cape Canaveral
1 Ordinance No. 14 -2011
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I C inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the
C ape Canaveral 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 7. Severability. If any section, subsection, sentence, clause, phrase, word or
1 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.
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Section 8. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day of
1 December, 2011.
Rocky Randels, Mayor
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r ATTEST: For Against
John Bond X
ANGELA APPERSON, City Clerk Bob Hoog X
Buzz Petsos Motion
Rocky Randels X
Betty Walsh Second
First Reading: November 15, 2011
Legal Ad published: November 18 , 2011
Second Reading: December 20, 2011
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Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
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ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No. 14 -2011
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