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Home My Public Portal About1831 Parking City LimitsORDINANCE: 1831 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, PROVIDING FOR AMENDMENT OF THE CITY OF CRESTVIEW CODE OF ORDINANCES, SECTION 86-1 ADOPTION OF FLORIDA UNIFORM TRAFFIC CONTROL LAW: SECTION 86-25, DEFINITIONS; SECTION 86-26, MANNER OF PARKING; SECTION 86-27, UNATTENDED MOTOR VEHICLE; SECTION 86-28, STOPPING, STANDING AND PARKING PROHIBITED IN SPECIFIED AREAS; SECTION 86- 31, PARKING PROHIBITED AT ALL TIMES ON CERTAIN DESIGNATED STREETS; SECTION 86-32 OVERTIME PARKING IN PARKING ZONES; SECTION 86-37, REMOVAL AND IMPOUNDING OF ILLEGALLY PARKED, ABANDONED, OR DISABLE MOTOR VEHICLES; SECTION 86-38, REMOVING IMPOUNDING AN IMMOBLIZATION OF MOTOR VEHICLES BEARING OUTSTANDING CITATIONS; SECTION 86-39, STORAGE, COSTS AND REMOVAL OF IMPOUNDED MOTOR VEHICLES; SECTION 86-42, FIRE LANES ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE; SECTION 86-44, SCHEDULE OF CIVIL PENALTIES FOR PARKING VIOLATIONS; SECTION 86- 45, PARKING FINES UNIT, PROCEDURES UPON NONCOMPLIANCE WITH PARKING VIOLATION NOTICE; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS FOLLOWS: SECTION 1. THE AFOREMENTIONED SECTIONS SHALL BE AMENDED AS FOLLOWS: Sec. 86-1. - Adoption of Chapter 316, Chapter 320 and Chapter 322, Florida Statutes. There is hereby incorporated and adopted by reference Chapter 316, Chapter 320 and Chapter 322, Florida Statutes as amended from time to time, which law shall be in full force and effect in the city as if fully set forth in this chapter and shall be considered as part of this Code. Sec. 86-25. - Definitions. Motor vehicle is defined as any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle or moped. Also, the term "vehicle" used within this ordinance text is interchangeable with and shall mean the same as that of motor vehicle. The term "vehicle" includes a "commercial vehicle" as defined in this section. Trailer is defined as any vehicle without motive power designed to be coupled to or drawn br a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle. or am vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle. Construction equipment is defined as heave-duti• vehicles, specially designed for executin construction tasks. most frequently ones involving earthwork operations: also known as heavy machines. heavy trucks, construction equipment. engineering equipment, heavy vehicles. or heavy hydraulics. Pane 76 of 111 Commercial vehicle is defined as a vehicle not owned by the government. with a Gross Vehicle Weight IGVW) o/ 26,001 lbs. or more, or has three or more axles regardless of weight, or is used in combination (vehicle plus trailer) when the weight of such combination exceeds 26,001 pounds gross vehicle weight. Abandoned vehicle is defined as any motor vehicle that is not properly registered with the State. Authorized emergency vehicles are defined as vehicles of the fire department (lire patrol), police vehicles, and such ambulances and emergency vehicles of. municipal departments, public service corporations operated b4 private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective department or the chief of police of an incorporated cite or any sheriff of any of the various counties. Sec. 86-26. - Manner of parking. No person shall stand or park a motor vehicle in a roadway or road right of way . other than parallel with the edge of the roadway, headed in the direction of traffic and with the curb -side wheels of the vehicle within 12 inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, in which case a vehicle shall be parked at the angle to"the curb indicated by such mark or sign. Sec. 86-27. - Unattended motor vehicle. (a) No person driving or in charge or control of a motor vehicle shall permit it to stand unattended with the ignition key in the vehicle whether or not the motor is in use. (b) Whenever any motor vehicle standing unattended with the ignition key in the vehicle is found in violation of this section, a police officer is authorized to remove such key from such vehicle and to post a notice on such vehicle stating where the key may be recovered. (c)Any unattended commercial vehicle. construction equipment or trailer shall not be parked on the roadway. right of way or other specified places. Sec. 86-28. - Stopping, standing and parking prohibited in specified places. No person shall stop, stand or park a motor vehicle, trailer, or commercial vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic -control device, in any of the following places: (9) Within taity thirty (30) feet of the nearest rail of a railroad crossing; (1) On a roadway side of any motor vehicle stopping or parked at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to the curb or street edge, except commercial vehicles engaged in loading or unloading.from 2:00 a.m. to 7:00 a.m. only; (19) If the motor vehicle is a commercial vehicle, upon the public streets or on or within privately regulations of the Code, except for loading or unloading purposes or when parked within a completely enclosed garage; Paae 77 of 111 In a metered parking space adjacent to a parking meter which has been covered by a bag placed thereon by the city indicating no public parking; (3) In an area designated as a fire lane pursuant to the Code; (4) On any property owned or controlled by the city not designated for parking, unless otherwise approved by the city council, or authorized city departments; (5) In painted safety zones on roadways within the city, except for emergency purposes. Any motor vehicle parked in such a roadway for more than two hours will be towed at the owner's expense pursuant to the provisions of this chapter; (6) On the shoulders or medians of Interstate 10 and all state roadways within the city limits except for emergency purposes. Any motor vehicle parked on such a shoulder or median for more than 24 hours will be towed at the owner's expense pursuant to the provisions of this chapter. Sec. 86-31. - Parking prohibited at all times on certain designated streets. When a sign is erected giving notice thereof, no person shall park a motor vehicle at any time upon any of the streets, portion of streets or right of waras designated by the city. Sec. 86-32. - Overtime parking in parking zones. (c) It shall be unlawful to roll the tires of a motor vehicle to remove or obscure or attempt to remove or obscure the markings made by parking en€efcement personnel prior to removing the vehicle from the parking zone. Sec. 86-37. - Removal and impounding of illegally parked, abandoned or disabled motor vehicles. Police officers or designees of the city are hereby authorized to remove any motor vehicle, commercial vehicle, construction equipment, trailer, from any street, or road right of wan or alley within the city, to a public garage or other place of safety at the owner's expense, under the circumstances hereinafter enumerated: f 1) Up to 72 hours alter an Unlawl ullt' Parked Vehicle Notice has been placed on a vehicle. commercial vehicle, construction equipment or trailer. (2) When arrr violation of F.S.S. 316.1951 is applicable. citations. (a)Any motor vehicle found parked at any time upon any street or m any off street parking facility in the city against which there are five or more outstanding or otherwise unsettled parking violation notice of summons has been mailed, may, by or under the direction of the police department, be immobilized in such a manner as to prevent its operation. No such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. (b) If, after contacting the appropriate state agency which acts as custodian of motor vehicle registration and license tag records for the state from which the license tag attached to the vehicle was issued, the police department is unable to determine the vehicle owner's ackre@s the vehicle "' y be Paae 78 of 111 necessary for the police department to mail notice of summons before the vehicle may be sufficient to inform the owner or operator of the vehicle that: code; and to repossess or to secure the release of the vehicle upon compliance with either of the following alternative procedures: a. Payment to the police department of the city of a $50.00 service charge for removal of the immobilization device; or equal to the amount of $50.00. If, during the hearing on the outstanding parking violation notices which necessitated the immobilization of the motor vehicle, the city prevails on any or all of the outstanding violations, the $50.00 cash or surety bond shall be forfeited to the city. (d) It shall be unlawful for anyone, except those persons authorized by the police department, to remove or attempt to remove, tamper with, or in any way damage or alter the immobilization device. (e) Any motor vehicle immobilized pursuant tosection 86 38or86 37, shall be subject to impoundment as authorized bysection 86 37hereinabove. When a motor vehicle is removed pursuant tosection 86 37or86 38, notice shall be provided to the owner pursuant to the provisions of Florida Statute 713.78. Sec. 86-44. - Schedule of civil penalties for parking violations. (a) Any person receiving a parking violation notice shall, within ve in s 30 calendar days, pay the civil penalty as prescribed in subsection (a) of this section as shown in the City of Crestview Comprehensive Fee Schedule or request a hearing before a judge of the county court the City of Crestview Special Magistrate. Any person electing to appear before the designated fudge magistrate shall be deemed to have waived his right to pay the civil penalty as set forth in this Code. The judge magistrate, after a hearing, shall make a determination as to whether a violation has been committed. If the commission of a violation has been proven, the judgc magistrate may impose fine not to exceed $250.00 plus court lest the original fine plus court costs as shown in the City of Crestview Comprehensive Fee Schedule. Sec. 86-45. - Parking fines unit; procedures upon noncompliance with parking violation notice. (a) The police department shall accept payment of civil penalties for parking violations and issue receipts therefor. The police department shall maintain a record of such civil penalties and shall daily report the monies collected and deposited in the city clerk's office. (d) A violation of section b6-46 (a) of this code shall be deemed a separate and distinct violation and shall not be construed to be merged with or a part of the original parking violation. Paae 79 of 111 (e) $1.00 from -ach paid parking citation issued under this article will be placed into the law enforcement training fund for the city. SECTION 2. AUTHORITY SECTION 3. SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4. SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 5. ORDINANCE TO BE LIBERALLY CONSTRUED. This ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 6. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 7. EFFECTIVE DATE. This ordinance shall take effect immediately upon its adoption. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA ON THE 3 ±' DAY OF ) , C.*v e rn -e , 2021 ATTEST: tit ELIZABETH M. ROY City Clerk APPROVED BY ME THIS DAY OF (\D Vein , 2021. JB Whitten Mayor P90P_ 80 of 111