8168-10ORDINANCE NO. 8168-10
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING PROVISIONS OF CHAPTER 30,
TRAFFIC AND MOTOR VEHICLES, CLEARWATER CODE
OF ORDINANCES, FACILITATING PARKING
ENFORCEMENT BY ADDING SEVERAL TERMS;
MODIFYING THE TIMEFRAME ON DELINQUENT FINES
SO THAT THE CITY CAN COLLECT ADMINISTRATIVE
COSTS RELATED TO ENFORCEMENT PURSUANT TO
FLORIDA STATUTES; ESTABLISHING A TICKET
DISMISSAL PROGRAM; INSTITUTING A PROCEDURE
FOR TEMPORARY/PERMANENT REMOVAL OR RENTAL
OF MUNICIPAL PARKING FOR SPECIAL PURPOSES OR
VALET PARKING OPERATIONS; AND MODIFYING FEES
IN APPENDIX A, XIX. STREETS, SIDEWALKS, OTHER
PUBLIC PLACES, FEE SCHEDULE TO CONFORM TO
THE CHANGES PROPOSED BY THIS ORDINANCE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are several multi-space metered parking lots that
provide revenue to the City, and the inclusion of the terms "parking enforcement
specialist" and "multi-space parking pay station" to several sections of Chapter
30, Traffic and Motor Vehicles, Clearwater Code of Ordinances is necessary for
parking enforcement purposes, and
WHEREAS, the Parking System needs to change the time frame of
delinquency on parking fines from 80 to 90 days so that the City can recover,
from the person fined, collection costs related to pursuit of collecting such
delinquent fines as permitted by section 938.35, Florida Statutes; and
WHEREAS, this ordinance proposes the establishment of a ticket
dismissal program that allows the City to recover processing and administrative
fees in circumstances where a citation was properly issued for a violation of
failing to display or not properly displaying a parking receipt, permit, or hang tag,
so long as the citizen can provide proof of a valid parking receipt, permit, or hang
tag as of the time and date of the violation; and
WHEREAS, a procedure is established allowing the temporary or
permanent removal or rental of municipal parking for limited special purposes or
for valet parking operations; and
WHEREAS, Appendix A contains modifications to the schedule of fees
relating to the changes proposed by this ordinance, now therefore,
Ordinance No. 8168-10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Chapter 30, Traffic and Motor Vehicles, Section 30.040 be
amended by adding the underlined language as follows:
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 multi-space parking pay station 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, multi-space parking pay station receipt, permit,
tag, placard or decal used for parking control issued by the parking
division or to make any attempt thereof to defraud the city.
(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 hourly, daily, or
monthly parking without properly displaying appropriate documentation of
payment for parking privileges for the current period (hangtag, decal,
placard, multi-space parking pay station receipt, etc.).
Section 2. That Chapter 30, Traffic and Motor Vehicles, Section 30.042 be
amended by adding the underlined language as follows:
Sec. 30.042. Near intersections and crosswalks.
Notwithstanding the provisions of F.S. § 316.1945, parking shall be
permitted within 20 feet of an intersection or a crosswalk where the city
engineer, or designee, of the city has posted signs, of installed meters, or
multi-space parking pay stations authorizing such parking.
Section 3. That Chapter 30, Traffic and Motor Vehicles, Section 30.043 be
amended by adding the underlined language as follows:
Sec. 30.043. Placement of motor vehicle in parking space.
2 Ordinance No. 8168-10
(2) No truck, tractor truck or trailer shall occupy more than one parking
space where designated, except while actively loading or unloading and
while all meters used have been properly activated and / or when proper
parking permits or multi-space parking pay station receipt(s) have been
obtained and are displayed or except in cases of emergency.
**********
Section 4. That Chapter 30, Traffic and Motor Vehicles, Section 30.057 be
amended by adding the underline language as follows:
Sec. 30.057. Enforcement.
In addition to any other means of enforcement provided in the Code
of Ordinances, a police officer, traffic infractions enforcement officer,
parking enforcement specialist (PES), or code enforcement inspector
certified as a parking enforcement specialist is hereby authorized to issue
traffic court parking citations for violations of sections 30.054, 30.055, and
30.056.
Section 5. That Chapter 30, Traffic and Motor Vehicles, Section 30.060 be
amended by adding the underlined language and deleting the stricken language
as follows:
Sec. 30.060. Penalties/warning letter upon failure to comply with
ticket.
(1) 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 designated parking violation processing services
office specified on the parking ticket within a period of fifteen 151 calendar
days of the date of the infraction, the designated parking violation
processing services office, having jurisdiction of the subject matter shall,
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 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 30.061. If the fine indicated on the parking ticket is not paid within
thirty 301 days (in addition to the penalty assessed after 15 days in the
preceding sentence hereof) an additional penalty of $15.00 will be
assessed for the violation to cover additional administrative costs. The
designated parking violation processing services office will issue up to two
additional late notices to the registered owner. After 90 ninety (90) days
the unpaid ticket will be considered a delinquent account and will be
handled through the delinquent collection services division of the
designated parking violation processing services office.
3 Ordinance No. 8168-10
(2) Pursuant to F.S. 938.35 parking violation fines and penalties for
which full payment is not received within ninety (90) calendar days from
the date of issuance will also be subject to an additional collection fee if
the account is referred to a private attorney who is a member in good
standing of the Florida Bar or to a collection agent who is registered and in
good standing pursuant to F.S. chapter 559, each retained by the city
pursuant to its applicable procurement practices to pursue the collection of
such unpaid financial obligations. The amount of such collection fee shall
not exceed forty (40) percent of the amount owed at the time the account
is referred to the attorney or agents for collection, or in the actual amount
charged by such private attorney or agents for collection, whichever is
less.
(23) Overpayments. Any overpayments of fines / penalties will only be
refunded if specifically requested within 90 days of receipt of the
overpayment.
(34) The designated parking violation processing services office shall
supply the State of Florida department of Highway Safety and Motor
Vehicles with a magnetically encoded computer tape reel or cartridge,
which is machine readable by the installed computer system at that
department, listing persons who have three or more outstanding parking
violations or who have any outstanding violations of F.S. 316.1955.
(45) Contesting a violation. Any person who wishes to contest the validity
of the violation may request a court hearing by contacting the designated
parking violation processing services office within 15 calendar days of the
date of the infraction. A copy of the parking violation must be included with
the completed request form for a court hearing. Upon such request, a
summons for a court appearance will be issued to confirm the time and
date of the court hearing.
(56) Ticket cancellation. The cis City Manager'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, verified official city business,
ambulance transport, police department undercover vehicles, or a
malfunctioning meter.
(7) Ticket Dismissal. The City Manager's designee will establish and
maintain a parking ticket dismissal program. Properly issued tickets for
failure to display or properly display valid parking permits, valid multi-
space parking pay station receipts, or handicap hang-tags or any other
recognized permit shall be dismissed in lieu of court appearance and
dismissal by the designee when the complainant can later produce valid
4 Ordinance No. 8168-10
proof of such permit or hang-tag. A fee of $10.00 for such dismissal will
be cha[ged to cover all administrative costs.
Section 6. That Chapter 30, Traffic and Motor Vehicles, Section 30.093 be
amended by adding the underlined language as follows:
Sec. 30.093. Installation of parking meters or multi-space parking
pay stations; operation.
(1) When parking meters or multi-space parking pay stations are
installed, the city manager shall place such parking meters or multi-space
parking pay stations in appropriate locations relative to each parking
space. Each parking meter or multi-space parking pay station shall be so
set as to show or display a signal that the lawful parking period has
expired or provide a printed receipt displaying expiry of paid for time.
(2) The city manager shall provide for the regulation, control, operation
and use of the parking meters or multi-space parking pay stations
provided for in this section and shall maintain such meters or multi-space
parking pay stations in good workable condition. Each parking meter or
multi-space parking pay station shall be so set as to display a signal or
dispense a printed receipt showing legal parking upon the deposit of coins
or currency of the United States, use of a City of Clearwater pre-paid
parking card, credit/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 7. That Chapter 30, Traffic and Motor Vehicles, Section 30.094 be
amended by adding the underlined language as follows:
Sec. 30.094. Fees and time limits designated by city manager.
The eCity riManager is authorized to designate fees and time limits for
parking at any city owned or operated parking lot, garage or other property
and to designate the denomination of United States coins or currency,
use of City of Clearwater pre-paid parking cards, credit/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 8. That Chapter 30, Traffic and Motor Vehicles, Section 30.095 be
amended by adding the underlined language and deleting the stricken language
as follows:
Sec. 30.095. Use of meter/multi-space parking pay station and
space.
5 Ordinance No. 8168-10
(1) When any vehicle shall be parked, pursuant to this division, in any
space alongside oft of next to, or in proximity to which there IGGated
PUFSuant to thus divisi a parking meter/multi-space parking pay station,
the owner, operator, manager., or driver of such vehicle shall, immediately
after upon entering the parking space, immediately deposit the proper
coins or currency of the United States, City of Clearwater pre-paid parking
cards, credit/debit cards or any authorized type of payment in the parking
meter/multi-space parking pay station alongside of, 9F next to, or in
proximity to the parking space and shall set the meter/multi-space parking
pay station in accordance with all posted instructions thereon including,
but not limited to prominently displaying any dispensed parking receipt(s)
where indicated. and The parking space may then be used by such
vehicle during the parking limit provided for the area
space isIesated.
**********
(3) Temporary parking meter removal The parking system may provide
for the temporary removal of parking meters to accommodate construction
and other limited special uses The fee for the removal and reinstallation
of the meter/multi-space pay station is listed in Appendix A. No removal
shall last for a cumulative period of more than ninety (90) days during any
calendar year without prior approval from the City Manager's designee.
(4) Permanent parking meter removal. Permanent parking meter removal
requests are strongly discouraged and are granted within the sole
discretion of the City Manager's designee consistent with the parking
needs of the city. The fee for the permanent removal of a metered parking
space or any designated public parking spaces is listed in Appendix A,
and the calculation is based upon the daily rental rate per public parking
space for a period of two (2) years.
(5) Temporary use of designated parking spaces for limited special
purpose Parking space rental for a special purpose including but not
limited to construction projects valet parking operations, special events,
and production/film events may be requested. The applicable temporary
reserved parking space rental rate shall be assessed on a per space, per
day basis payable in advance, until such time as the designated rental
has ended. The fee for the rental is listed in Appendix A. No temporary
use of parking space shall last for a cumulative period of more than ninety
(90) days during any calendar year without prior approval from the City
Manager's designee.
Section 9. That Chapter 30, Traffic and Motor Vehicles, Section 30.096 be
amended by adding the underlined language and deleting the stricken language
as follows:
Ordinance No. 8168-10
Sec. 30.096. Overtime parking.
(1) If any vehicle shal•I remains parked in any parking space when the
parking meter/multi-space parking station indicates the expiry of paid for
time, then be yond the paFkinn limit designated fa
paFking FneteF shall display a signal showing illegal paFking and On that.
event, such vehicle shall be considered as parked overtime and such act
is unlawful.
(2) At multi-space parking spaces, a failure to prominently display the
parking receipt dispensed by the parking pay station in the manner
instructed is unlawful and the vehicle shall be deemed as parked overtime.
p!aE;ed in any paFking spare alongside Of OF ne)d to whiGh any paFki
dl whole SU displaying a u signal showing tha crrut SGh
I?F2terT irJ - piQGe?v ?rrnr?.icr?hmeter s - c?,fr??rnrT?mrrnrcrc,rr
yehid.le has already naFkedl beyond the neried of time allotted)
(3) It is unlawful for the operator of a vehicle to stop, park or leave
standing a vehicle on a city owned or operated parking lot, garage or other
property, using meters, multi-space parking pay stations, gates, permits,
or time limits for revenue and access control, for a period longer than 72
hours without first making arrangements in advance with the parking
division.
Section 10. That Chapter 30, Traffic and Motor Vehicles, Section 30.097
be amended by adding the underlined language and deleting the stricken
language as follows:
Sec. 30.097. Extending parking beyond legal time.
It shall be unlawful for any person to deposit or cause to be deposited in a
parking meter/multi-space parking pay station a coin, currency, City of
Clearwater pre-paid parking cards, credit/debit cards or any authorized
type of payment for the purpose of extending the parking time beyond the
legal time fixed for parking in the parking space alongside of, of next to,
in proximity to whisk where such parking meter/multi-space parking pay
station is placed.
Section 11. That Chapter 30, Traffic and Motor Vehicles, Section 30.098
be amended by adding the underlined language and deleting the stricken
language as follows:
Sec. 30.098. Defacing, tampering with, etc.
7 . Ordinance No. 8168-10
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,
multi-space parking pay station, or /revenue control equipment installed on
any city owned or operated parking lot, garage or other property pursuant
to the terms of this division.
Section 12. That Chapter 30, Traffic and Motor Vehicles, Section 30.099
be amended by adding the underlined language as follows:
Sec. 30.099. Use of substitutes for payment.
It shall be unlawful for any person to deposit or cause to be deposited in
any parking meter/multi-space parking pay station 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, credit/debit card or any authorized type
of payment.
Section 13. That Chapter 30, Traffic and Motor Vehicles, Section 30.100
be amended by adding the underlined language as follows:
Sec. 30.100. Disposition of parking fees.
The coins, United States currency, City of Clearwater pre-paid parking
card, credit/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 14. That Chapter 30, Traffic and Motor Vehicles, Section 30.101
be amended by adding the underlined language as follows:
Sec. 30.101. Exception for city officers and employees while on
business.
The provisions of this division shall not be construed to require payment
into a parking meter/multi-space parking pay station 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 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 any on or off street parking space
within the city parking system without paying the parking fee shall be
subject to appropriate disciplinary action as may be determined by the city
8 Ordinance No. 8168-10
manager, including but not limited to loss of the city parking permit
privilege or use of a marked city vehicle.
Section 15. That section 30.102 be added to Chapter 30, Traffic and Motor
Vehicles as follows:
Sec. 30.102. Use of Municipal Parking for Valet Parking.
(1) Generally. In order to reduce the disruption and hazardous conditions
that valet parking service operations may create, and to promote the safe
and legal operation of valet parking services for the use and convenience
of businesses and the general public, all valet parking services affecting
the public right-of-way and/or the City's off street parking will be evaluated
for approval. The City Manager's designee shall weigh the impact of each
request on the parking area and its users, and shall determine both the
ability to lease spaces, and the number of spaces that may be leased for
the regular use or special event, at the designee's sole discretion.
(2) Use of Municipal Parking Spaces for Valet Ramping. The City may
provide on an as-needed basis, the ability for a valet parking service
company to rent municipal parking spaces for the purpose of creating a
valet ramp that allows valet customers to enter/exit a vehicle and to turn
over/retrieve a vehicle from valet operators. The City Manager's designee,
at his/her own discretion, shall determine the number and location of said
spaces, and will provide, if possible, spaces adjacent to the business
served by the valet service. The fee per space is charged in accordance
with the current fee schedule by location and is based on the daily parking
rate plus an administrative fee as outlined in Appendix A. All valet ramp
fees are not pro-rated for a portion of the day. The fees are payable two
(2) weeks in advance for regular users and forty-eight (48) hours in
advance for special events. The storage of vehicles, which is defined as
the stopping, standing, or parking of vehicle(s) for over 15 minutes, shall
not take place in a designated ramping zone. The restriction against
storage of vehicles in a ramping zone will be strictly enforced.
Notwithstandinq this section, ramping will not be allowed if the Parking
System determines, at its sole discretion, that it would be unsafe at a
particular location.
(3) Use of Municipal Parking Spaces for Valet Parking Storage. The City
may provide on an as-needed basis, the ability for a valet parking service
company to rent municipal parking spaces to accommodate valet parking
storage. The fee per space is charged in accordance with the current fee
schedule by location and is based on the daily parking rate plus an
administrative fee as outlined in Appendix A. Valet storage fees are not
pro-rated for a portion of the day, and the fees are payable forty-eight (48)
hours in advance.
Ordinance No. 8168-10
(4) Valet Service Request Procedure. A person or entity requesting use of
municipal parking space for valet ramping and/or storage must provide the
City's Parking System with a copy of the valet business tax receipt for the
location to be served, a notarized letter of authorization from the business
owner or a valet service agreement/contract, a certificate of insurance
covering the valet service location and a site plan showing the proposed
valet operational plan including but not limited to the proposed location,
vehicle routes, size of proposed mobile stands, tables, chairs, umbrellas,
key box, signs, location of trees, parking meters, planters, bus shelters,
driveways, and any other sidewalk obstruction. Under no circumstances
shall permanent structures or equipment be permitted. The site plan shall
clearly identify the valet parking service area, and shall also show the
proposed location, number of parking stalls and the distance to the off
street parking facility providing the parking space storage for the valet
parking service. Rented spaces utilized for ramping and/or storage shall
be clearly identified with only signs that have been pre-approved by the
Parking System.
Section 15. That Appendix A, XIX Streets, Sidewalks, Other Public Places,
be amended by adding the underlined language and deleting the stricken
language as follows:
APPENDIX A - Schedule of Fees
XIX. STREETS, SIDEWALKS, OTHER PUBLIC PLACES:
Fees for services provided by the department of public works (ch. 28):
(1) Petition to vacate:
(a) Right-of-way ... $500.00
(b) Easement ... 400.00
(2) Request for street name and address change:
(a) Name change ... 200.00
Plus cost of signs
(b) Address (house no.) change ... 150.00
(3) Right-of-way permit:
(a) Single family residence/duplex ... 25.00
(b) Multi-family/commercial... 125.00
(c) Sidewalk (construction of new or replacement sidewalk) ... 50.00
(d) Subdivision development permit (Construction of a new subdivision
and/or construction of new streets (private or public with
10 Ordinance No. 8168-10
accompanying street utility connections such as sanitary sewer,
water, storm drainage systems) ... 200.00
Plus per gross acre ... 50.00
(e) Utilities:
Reclaimed water connection fee ... None
Utility connection or construction ... 150.00
No pavement cut; fee per each utility involved and per each
connection.
Utility connection or construction ... 200.00
Pavement cut; fee per each utility involved and per each
connection.
Annual general permit ... 400.00
Providers of communications services ... None
(f) Miscellaneous permit (work requiring engineering inspection in an
easement or for other miscellaneous work) ... 50.00
(g) Failure to obtain r.o.w. permit before starting work ... Double
fee
(4) Use of any revenue generating/timed/designated public parking spaces (i.e.
metered, permitted, cashiered, loading zone, designated, etc.):
Lal Beach - Spaces (per day, everyday) ... 42.50 highest current City
of Clearwater municipal daily beach rate
Plus tax if applicable
Downtown - Spaces (per day, Monday--Friday) ... 3-00 highest
current City of Clearwater municipal daily downtown rate
Plus tax if applicable
(b) Administrative Fees: The Parking System shall charge an
administrative service fee for all parking space rental requests
including valet ramp/valet storage rentals. The fee schedule is as
follows:
1. $20.00 administrative fee assessed for anv parking space rental
of five spaces or less.
2. $30.00 administrative fee assessed for any parking space rental
of six to ten spaces.
3. $50.00 administrative fee assessed for anv parkina space rental
of eleven spaces or more.
(5) Parking space/meter removal - permanent and temporary
11 Ordinance No. 8168-10
(a) Permanent loss of Fevenue a parking space as a result of
construction on adjacent property causing elimination of a gany
revenue generating/timed/designated public parking spaces (i.e.,
metered, permitted, cashiered, designated parking, etc.) pafk+ng
space or loading zones. Fee is based on loss of revenue for period
of one two (2) years based on daily amounts listed in number four
(4) above. Fee for removal of loading zone will be treated the same
as the loss of an adjacent metered parking space.
(b) Temporary removal of parking meter/multi-space parking pay
stations:
1. The fee for the removal of a parking meter/multi-space pay
station and post shall be $50.00 per meter/pay station post.
2. The fee for re-installation of a parking meter/multi-space pay
station and post shall be $50.00 per meter post.
Payment in full shall be paid to the City of Clearwater Parking
System in advance at a rate of $100.00 per meter post.
(6) Permit fee to conduct race utilizing public rights-of-way, per participant ...
0.25
(a) The city manager may require the applicant to pay the charge as a
deposit based upon the estimated number of participants and may
deny the permit if the applicant refuses to pay such deposit.
(b) The charge shall be remitted by the applicant within two weeks
following the race event, if a deposit has not been required. If a
deposit has been required, any underpayment shall be remitted or
any overpayment shall be returned to the applicant within ten days
after receipt of the affidavit provided for in subsection (c) below.
(c) All applicants for special event permits to conduct a race shall
provide an affidavit form at the time of payment of the charge or a
request for refund of overpayment, a statement identifying the
event and the number of persons that participated in the event.
Section 16. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING August 5, 2010
12 Ordinance No. 8168-10
PASSED ON SECOND AND FINAL
READING AND ADOPTED
ApjAoved as,fq' form:
Camilo A. o o
Assistant City Attorney
August 18, 2010
I a, Z4
Frank V. Hibbard
Mayor
Attest:
C thia E. Goudeau
Ci Clerk
A,,
F'
Ordinance No. 8168-10
13