7490-05
ORDINANCE NO. 7490-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE CODE OF ORDINANCES RELATING TO TRAFFIC
AND MOTOR VEHICLES, CHAPTER 30, ARTICLE II, STOPPING,
STANDING, AND PARKING, DIVISION 1 , GENERALLY, BY CREATING
SECTION 30.040 PARKING IN REVENUE GENERATING CITY
PARKING LOTS, GARAGES AND OTHER CITY PROPERTY;
AMENDING SECTIONS IN DIVISION 1 , GENERALLY; AND AMENDING
SECTIONS IN ARTICLE II, DIVISION 3, PARKING METERS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Works Administration/Parking System of the City of
Clearwater, Florida, desires to improve the effectiveness of the parking
enforcement program, and to improve the economic performance of the
administration of the program;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, is amended by creating the following
Section 30.040, Parking in revenue generating city parking lots, garages and
other city property:
ARTICLE II. STOPPING, STANDING AND PARKING
DIVISION 1. GENERALLY
Sec. 30.040. Parking in revenue generating city parking lots. garages and
other city property.
(1) It is unlawful for any person to remove a vehicle from any city owned
or operated parking lot, garage or property after the person shall have
parked thereon without first paying the attendant. activating an access or
smart card. or depositing the proper amount of money in a parking meter
or for any person to make any attempt thereof to defraud the city.
(2) It is unlawful to alter or duplicate. damage or destroy an access or
smart card. spitter ticket. permit. tag. placard or decal used for parking
control issued by the parking division or to make any attempt thereof to
defraud the city.
(3) No motorcycle shall enter into a parking garage or off-street parking
lot which is posted "No Motorcycles."
(4) It is unlawful to stoP. stand or park in city owned or operated parking
lots. garages or other city properties that are reserved for monthly parking
Ordinance No. 7490-05
without properlv displavina appropriate documentation of payment for
parkina privileaes for the current period (hanataa. decal. placard. etc.).
Section 2. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.042. Near intersections and
crosswalks is amended as follows:
Notwithstanding the provisions of F.S. ~ 316.1945, parking shall be permitted
within 20 feet of an intersection or a crosswalk where the traffic engineer City
Enaineer. or desianee. of the city has posted signs or installed meters
authorizing such parking.
Section 3. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.043. Placement of motor
vehicle in parking space is amended by revising Sec. 30.043 as follows:
illAny motor vehicle parked in any parking space in any publicly owned or
operated parking lot or publicly owned parking garage shall be positioned 'A'ith
the front end of such vehicle facing into the parking space and the rear of such
vehicle facing outward and at all times shall be parked within the lines marked on
the pavement. curb or ground for such parking space so as not to occupy more
than a single parking space. Each space shall be limited to no more than one
motor vehicle per parking space.
(2) No truck. tractor truck or trailer shall OCCUpy more than one (1) parkina
space where desianated. except while activelv loadina or unloadina and
while all meters used have been properlv activated and I or when proper
parkina permits have been obtained and are displaved or except in cases
of emeraencv.
(3) When an authorized section of pavement is marked with cross-hatched
pavement markinas or otherwise indicatina a safety zone it shall be a
violation for any person to stoP. stand or park any motor vehicle in such
safety zone.
Section 4. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.045. Handicapped parking
spaces,
(1) No person shall stop, stand or park a vehicle within any specially
designated and marked space, which is marked as provided in F.S ~~
316.1955 and 316.1956, unless such vehicle displays a parking permit
issued by or recognized by the state for special handicapped parking
privileges and is transporting a person eligible for the parking permit, or
unless such vehicle is chauffeuring a disabled person and is making a
momentary stop to load or unload such disabled person.
2
Ordinance No. 7490-05
(2) As provided in F.S. 316.1964 When an on-street parking meter
restricts the duration of time that a vehicle may be parked, a
vehicle properlv displaving a disabled parking permit is allowed a
maximum of 4 hours at no charge; however, the vehicle is subject
to ticketing for parking in excess of any posted time limits.
3) As provided in F.S. ~316.1964 When an off-street parking meter
restricts the duration of time that a vehicle may be parked, a
vehicle properlv displaving a disabled parking permit is subject to
ticketing for parking in excess of the posted time limits.
t21 !!l Any person who violates this section shall be guilty of a noncriminal traffic
infraction and subject to a fine as set forth in section 30.057 30.061.
Section 5. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally Sec. 30.046. Obedience to parking
signs during certain hours.
(1) When signs are erected in each block or public parking lot giving notice
thereof, it shall be unlawful for any person to park a motor vehicle for longer than
such time as is designated by such signs, bow/oon tho hours of 8:00 a.m. and
6:00 p.m. of any day.
Section 6. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.048. Advertising or selling
from vehicle is amended as follows:
It shall be unlawful for any person to operate or park on any street or any city
owned or operated parking lot, garage or other property any vehicle for the
primary purpose of advertising or for the sale of any merchandise or anything of
value unless a permit therefore is first obtained from the chief of police.
Section 7. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.050. Parking vehicle to
make repairs is amended as follows:
(1) No vehicle, trailer, or machine of whatever kind shall be remodeled, restored
or repaired on any street, highway, alley, any city owned or operated parking
lot, garage or other property, or other roadway. This section shall not apply to
the performing of certain unanticipated emergency repairs such as tire changing
or fuse replacement when such repair can be performed without unreasonably
obstructing traffic or otherwise creating a safety hazard to the operator or
occupants of the disabled vehicle and other vehicular traffic using the roadway!!
or any city owned or operated parking lot, garage or other property.
3
Ordinance No. 7490-05
(2) It shall be unlawful for any person to stand or park a vehicle upon any street
or right-of-way or any city owned or operated parking lot, garage or other
property for the principal purpose of:
(a) Displaying such vehicle for sale;
(b) Washing, greasing or repairing such vehicle, except repairs necessitated by
an emergency may be made.
Section 8. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.055 is amended by creating
the following:
Sec.30.055. Inoperative vehiclesl vehicles with altered or expired license
tags on public property.
(1) Definition. "Inoperative vehicle" means a vehicle that is in a state of disrepair
and incapable of being moved under its own power, or a vehicle that is incapable
of being operated lawfully on the streets of the state. A vehicle shall be deemed
inoperative if a current registration tag, also known as a license plate, of a kind
required under state law as a condition of operation upon the public streets is not
affixed thereto, or if one or more parts which are required for the operation of the
vehicle are missing, were dismantled, are inoperative, or are not attached to the
vehicle as designed.
(2) Prohibition. It shall be unlawful for any person to keep, store, park, or allow to
remain any inoperative vehicle on public property, including street right-of-way,
longer than 24 hours.
(3) Altered or Expired License Tags. It is unlawful for any vehicle to be
stopped, standing or parked in any city owned or operated parking space,
parking lot or other parking facility or property if such vehicle is not
licensed in accordance with the laws of the state, if it displays a license tag
that is expired or altered such that a person cannot reasonably discern the
complete license tag number or if it does not display a valid license tag.
Section 9. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.059. Notice of illegally
parked, stopped or standing vehicle is amended as follows:
Whenever any motor vehicle without a driver is found parked, stopped or
standing in violation of this article or any other provision of this chapter, the
officer finding the vehicle shall take its registration number and may take any
other information displayed on the vehicle which may identify its user, and shall
conspicuously affix to the vehicle a parking ticket in writing in electronic format
or in writing on a form provided therefor!, for the registered owner to pay the
fine listed thereon within seven days fifteen (15) calendar days of the date of
the infraction or to answer the charge against him within seven fifteen (15)
4
Ordinance No. 7490-05
calendar days of the date of the infraction day& by contacting the traffic
division desianated parkina violation processina services office at the
place location specified on the parking ticket.
Section 10. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.060 is amended as follows:
Sec. 30.060. Penalties I Warning letter upon failure to comply with ticket.
ill If a violator of the provisions of this article does not respond to the parking
ticket affixed to the motor vehicle by paying the fine listed thereon or by
contacting the traffic di\'ision desianated parkina violation processina
services office specified on the parking ticket within a period of se\'on fifteen
(15) calendar days of the date of the infraction, the clerk of tho court
desianated parkina violation processina services office, having jurisdiction
of the subject matter shall, f-ollowiFlg the expiration of an additional 24 hour
period, send the registered owner to whose vehicle the parking ticket was affixed
a warning letter informing the registered owner of the violation and the fact that
the fine has increasod to $30.00 a penalty of $10.00 has been assessed for
the violation to cover additional administrative costs, except for fines for
violations involving handicapped parking which shall remain at the amount
established in section 30.057(7). 30.061. The 'J:arning lett-er shall inform the
registered owner that if the increased fine is not paid v..'ithin ten days, the
clerk of the county court shall issue a summons to the registered o......nor to
appear in county court f-or an arraignment. If the fine indicated on the
parkina ticket is not paid within 30 days (in addition to the penalty
assessed after 15 days in the precedina sentence hereof) an additional
penaltv of $15.00 will be assessed for the violation to cover additional
administrative costs. The desianated parkina violation processina
services office will issue UP to two (2) additional late notices to the
reaistered owner. After 80 days the unpaid ticket will be considered a
delinquent account and will be handled throuah the delinquent collection
services division of the desianated parkina violation processina services
office.
(2) The desianated parkinaviolation processina services office shall
supplv the State of Florida department of Hiahwav Safety and Motor
Vehicles with a maaneticallv encoded computer tape reel or cartridae,
which is machine readable bv the installed computer system at that
department, Iistina persons who have three (3) or more outstandina
parkina violations orwho have any outstandina violations of F.S. 316.1955.
(3) Contestina a Violation. Anv person who wishes to contest the validitv
of the violation may request a court hearina bv contactina the desianated
parkina violation processina services office within fifteen (15) calendar
days of the date of the infraction. A COpy of the parkina violation must be
included with the completed request form for a court hearina. Upon such
5
Ordinance No. 7490-05
request. a summons for a court appearance will be issued to confirm the
time and date of the court hearing.
(4) Ticket Cancellation. The City's designee will establish and maintain a
parking ticket cancellation program. Tickets may be cancelled in lieu of
court appearance and dismissal by the designee when the complainant has
a valid complaint. A valid complaint may include but not be limited to an
improperly written ticket or a malfunctionina meter.
Section 11. Chapter 30, Traffic and Motor Vehicles, Article II, Stopping,
Standing and Parking, Division I, Generally, Sec. 30.061. Fines is amended as
follows:
Any person who violates any of the provisions of this article shall be subject,
upon conviction, to a fine as follows:
(1) Overtime parking, whether metered or unmetered . . . . . $ 10.00 ~15.00
(2) Improper parking. . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . ~ $20.00
(3) Double parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .~ $20.00
(4) No parking zone, including but not limited to parking without permit, near
fireplug, in reserved space, in alley, on sidewalk, near railroad, near intersection,
in driveway, loading zone, taxi stand. over curb in parkway. . 15.00 J20.00
(5) Motor running, no attendant. . . .. .................. ~ $15.00
(6) Keys in ignition. . . .. ............................ ~ J15.00
(7) Stopping, standing, or parking a vehicle within a parking space designated for
persons who have disabilities without displaying a disabled parking permit. . . . .
250.00
(8) Any other violation of this article. . . .. ................ ~ J20.00
(9) In addition to the other penalties provided for herein there is hereby imposed
a surcharge of $5.00 on all parking fines to be used for funding a school crossing
guard program. This surcharge shall be paid by the desianated parkina
violation processina services office clerk of the circuit court into the school
crossing guard trust fund, a special revenue fund maintained by the city. Funds
collected from this surcharge shall be distributed quarterly to fund a school
crossing guard program as authorized by Section 316.660(3), Florida Statutes
Section 12. Chapter 30, Article II, Division 3, Parking Meters, is
amended as follows:
DIVISION 3. PARKING METERS I REVENUE CONTROL EQUIPMENT
Sec. 30.091. Definition.
The word "vehicle" as used in this division shall mean any device in, upon or by
which any person or property is or may be transported upon a street, except
those operated on rails or tracks.
6
Ordinance No. 7490-05
Section 13. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.092. Establishment of areas is amended as follows:
In accordance with the provisions of this division, the city manager is authorized
to establish areas, both on:street and off:street, where fees must be paid for
parking and to designate the manner in which the fees are to be collected.
(Code 1980, ~ 121.31)
Section 14. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.093 is amended as follows:
Sec. 30.093. Installation of parkina meters: operation. Installation; operation.
(1) When parking meters are installed, the city manager shall place such parking
meters in appropriate locations relative to each parking space. Each parking
meter shall be so set as to show or display a signal that the lawful parking period
has expired.
(2) The city manager shall provide for the regulation, control, operation and use
of the parking meters provided for in this section and shall maintain such meters
in good workable condition. Each parking meter shall be so set as to display a
signal showing legal parking upon the deposit of coins or currency of the United
States, use of a City of Clearwater pre-paid parkina card, debit cards or any
authorized type of payment therein for a period of time conforming to the
parking limit established by the city manager for the area where such meter is
placed.
Section 15. Chapter 30, Article II, Division 3, Parking Meters Sec. 30.094
is amended as follows:
Sec. 30.094. Fees and !+ime limits designated by city manager.
The city manager is authorized to designate fees and time limits for parking at
any city owned or operated parkina lot, aaraae or other property meter
locations within the city for that part of the street or area upon whioh or f{)r which
such meter is placed and to designate the denomination of United States coins
or currency, use of City of Clearwater pre-paid parkina cards, debit cards
or any authorized type of payment which may be deposited or inserted
therein for the purpose of obtaining legal parking for such period of time so
designated.
Section 16. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.095. Use of meter and space, is amended as follows:
(1) When any vehicle shall be parked in any space alongside of or next to which
there is located, pursuant to this division, a parking meter, the owner, operator,
manager or driver of such vehicle shall upon entering the parking space
7
Ordinance No. 7490-05
immediately deposit the proper coins or currency of the United States, City of
Clearwater pre-paid parkina cards, debit cards or any authorized type of
payment in the parking meter alongside of or next to the parking space and the
parking space may then be used by such vehicle during the parking limit
provided for the area in which such parking space is located.
(2) Any vehicle parked in any parking space in any parking meter zone shall be
positioned in the manner provided in section 30.041.
Section 17. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.096. Overtime parking is amended as follows:
(1) If any vehicle shall remain parked in any parking space beyond the parking
limit designated for such parking space, the parking meter shall display a sigR
sianal showing illegal parking, and in that event, such vehicle shall be
considered as parked overtime.
(2) It shall be unlawful for any person to permit a vehicle to remain or be placed
in any parking space alongside of or next to which any parking meter is placed
while such meter is displaying a signal showing that such vehicle has already
parked beyond the period of time allotted. for the type of coin deposited in the
parking meter.
(3) It is unlawful for the operator of a vehicle to stop, park or leave
standina a vehicle on a city owned or operated parkina lot, aaraae or other
property, usina meters, aates, permit or time limits for revenue and access
control, for a period lonaer than seventy-two (72) hours without first
makina arranaements in advance with the parkina division.
Section 18. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.097 is amended as follows:
Sec. 30.097. Depositing coins to extend Extendina parking beyond legal time.
It shall be unlawful for any person to deposit or cause to be deposited in a
parking meter a coin, currency, City of Clearwater pre-paid parkina cards,
debit cards or any authorized type of payment for the purpose of extending
the parking time beyond the time fixed for parking in the parking space alongside
of or next to which such parking meter is placed.
Section 19. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.098. Defacing, tampering with, etc., amended as follows:
It shall be unlawful for any person to deface, injure, tamper with, open or willfully
break, destroy or impair the usefulness of any parking meter I revenue control
8
Ordinance No. 7490-05
equipment installed on any city owned or operated parking lot. garage or
other property pursuant to the terms of this division.
Section 20. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.099 is amended as follows:
Sec. 30.099. Use of substitutes for ooffis payment.
It shall be unlawful for any person to deposit or cause to be deposited in any
parking meter or change maker on any city owned or operated parking lot.
garage or other property. any slug, device or substitute for a coin or currency
of the United States, City of Clearwater pre-paid parking card. debit card or
any authorized type of payment.
Section 21. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.100. Disposition of parking fees is amended as follows:
The coins. United States currency. City of Clearwater pre-paid parking card.
debit card or any authorized type of payment. deposited as provided in this
division shall be utilized in the manner provided by the parking system bond
ordinance, and until such bonds have been satisfied or otherwise redeemed.
Section 22. Chapter 30, Article II, Division 3, Parking Meters, Sec.
30.101. Exception for city officers and employees while on business is amended
as follows:
The provisions of this division shall not be construed to require payment into a
parking meter by an officer or employee of the city who is on city business in
order to park a marked city vehicle or a vehicle with an authorized city parking
permit displayed on the dashboard of the vehicle. or a visible hang-tag. in a
metered space any on or off street parking space within the city parking
system. A city officer or employee who is not on city business and who parks a
marked city vehicle or a vehicle with an authorized city parking permit displayed
on the dashboard of the vehicle. or a visible hang-tag. in a meterod space any
on or off street parking space within the city parking system without paying ffi.ta
the meter the parking fee shall be subject to appropriate disciplinary action as
may be determined by the city manager, including but not limited to loss of the
city parking permit privilege or use of a marked city vehicle.
Section 23. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
August 4, 2005
9
Ordinance No. 7490-05
, ,
PASSED ON SECOND AND FINAL
READING AND ADOPTED
August 15, 2005
d:~r~
, k V. Hibbard '
Mayor
Attest:
), "~&4;"4..F/4;;:j:tA (li:u0-wL
~c~f.' ctoude, <Ill .:-:r- Tr';;" . ~
City Clerk ._- -- _ _ -- __ .~
- : i~ '.~ .._... : --
.-
/'-
,/--
- ..........,~.
10
Ordinance No. 7490-05