§ 18-1. Traffic-control devices.

(a)

Definitions. For purposes of this section, the following terms shall have the following meanings:

(1)

Traffic-control devices shall mean all signs, signals, markings and devices, placed or erected by the chief of police of the city for the purpose of regulating, warning or guiding traffic, and shall include signs placed or erected for the purpose of permitting, restricting or prohibiting stopping, standing or parking motor vehicles upon streets or highways within the city, including, without limitation, signs delineating tow-away zones.

(2)

Street or highway shall mean the entire width between the boundary lines of every way or place of whatever nature when any part thereof is opened to the use of the public for purposes of vehicular traffic, including, without limitation, every such way or place located within the boundaries of public rights-of-way or on private property that is opened to the use of the public for vehicular traffic, such as parking lots of private business establishments.

(3)

Motor vehicle shall mean any vehicle which is self-propelled, not including vehicles operated upon rails.

(4)

Parkage shall mean that space between the private property line or survey line of the property owner and the paved or graded portion of the public street adjacent thereto, including that area between a sidewalk and street.

(b)

Authority to place. The chief of police of the city is hereby authorized to place, erect and maintain official traffic-control devices upon streets and highways within the city.

(c)

Approval by city manager. Each traffic-control device which is placed, erected and maintained within the city pursuant to this section shall become effective and enforceable upon being approved by the city manager.

(d)

Existing devices. All traffic-control devices heretofore placed or erected and which are presently in place upon streets and highways within the city are hereby approved.

(e)

Vehicles considered to be illegally parked. A motor vehicle, including cars, trucks or motorcycles, shall be considered to be illegally parked at any time that it is stopped, standing or parked:

(1)

In any area longer than the designated time limit of such area;

(2)

In violation of any traffic-control device placed, erected or maintained pursuant to this chapter;

(3)

In violation of any restriction or prohibition imposed by general law, including restrictions and prohibitions set forth in F.S. ch. 316, known as the Uniform Traffic Control Law; and specifically § 316.1945, "Stopping, Standing or Parking Prohibited in Specified Places;" § 316.195, "Additional Parking Regulations;" § 316.1955, "Parking Spaces Provided by Governmental Agencies for Certain Disabled Persons;" and § 316.1956, "Parking Spaces Provided by Nongovernmental Entities for Certain Disabled Persons;"

(4)

On parkage, except by or with authority of the owner of the private property immediately adjoining such parkage, which authority shall be implied in the absence of a written complaint made by such owner or the duly authorized agent of such owner;

(5)

On any sidewalk;

(6)

In the paved or graded portion of any street and any residential area where alternative parking is available in a driveway or designated parking area. Parking is permitted on the parkage of the immediately adjoining public property only when the driveway and other designated parking areas are full; or

(7)

a.

On any paved portion of a public street in the city if the vehicle is a personal use vehicle.

b.

On paved portion of the following public streets in the city if it is a commercial or delivery vehicle: U.S. 1/Ridgewood, South Palmetto, Big Tree, Ridge Boulevard, Magnolia, Reed Canal, Pope, Florida Boulevard, Anastasia, Segrave, Sauls, Kenilworth (from north of Ridge to Big Tree only when the public school is in session), Elizabeth Place and Golfview Boulevard.

c.

On the paved portion of a public street other than those listed above, on-street parking of commercial and delivery vehicles shall be allowed subject to the following conditions:

1.

On street parking shall only be allowed between sunrise and sunset.

2.

Any vehicle parked upon the paved portion of a street shall be parked in such a manner or under such conditions as to leave available at least eight (8) feet of the width of the traffic lane for free movement of vehicular traffic. Furthermore vehicles lawfully parked shall place colored cones at the front and back corners of the vehicle.

3.

Vehicles which are lawfully parked on an allowed paved portion of a public street shall not remain adjacent to a particular parcel of real property for more than one (1) continuous hour.

4.

Provided, however, the city manager may grant exceptions to this subsection during special events. Any person requesting an exception shall submit to the chief of police, in writing, an application which shall set forth the grounds or reasons for the request, the location for which the exception is being applied, and the proposed duration of the exception. The application must be submitted to the chief of police at least one (1) week before the special event. The chief of police and the fire chief shall make an advisory recommendation on the request to the city manager. The city manager may grant the exception upon a showing of good cause and shall attach to the exception all conditions necessary to promote public safety and convenience, including, but not limited to, the expiration date and location of the exception. The city manager may revoke an exception upon a showing that the exception is having an adverse effect upon public safety and convenience or that the conditions of the exception are or have been violated. Moreover, a violation of the conditions of an exception shall be subject to the penalties provided for violations of other sections of this chapter. In the event the city manager denies the request for a special exception or revokes an exception, the applicant can appeal the decision to the city council by submitting a written request within ten (10) days of the city manager's decision requesting an appeal. The appeals shall be scheduled at the next regularly scheduled city council meeting.

5.

Parking on the paved portion of any street by government vehicles and vehicles of government contractors shall be allowed on any street in the city while performing official duties and services.

(f)

Citations; disposition of violations, fines. City law enforcement officers shall have the authority to issue citations for violations of this section on citation forms provided by the city manager. The city manager may, upon recommendation by the chief of police, designate individuals who are not law enforcement officers as parking enforcement specialists. Parking enforcement specialists shall also have the authority to issue such citations. The citations shall specifically describe the illegally parked motor vehicle, indicate its location, specify the nature of the violation, indicate the amount of the fine, and give notice to the violator that he must pay the fine within ten (10) days. If the fine is not paid within said ten-day period, the police records clerk, shall send, by registered or certified mail, to the person to whom the citation was issued a notice that if the fine, plus a delinquency fee, is not paid to the city within ten (10) days after the date of the notice, the violation will be referred to the city's special magistrate who shall determine whether a parking violation occurred and if the person is found in violation, shall levy a fine amount up to the maximum amount allowed by the city's regulations, including all costs incurred by the city.

(g)

Tow-away zones; towing of illegally parked vehicles. City law enforcement officers shall have the authority to tow or order the towing of motor vehicles parked in designated tow-away zones, or motor vehicles left unattended on the public streets or highways in the city for more than forty-eight (48) hours. The owners of towed motor vehicles shall be liable for the reasonable cost of towing and storing the motor vehicle in addition to any fine assessed under this section.

(h)

State uniform traffic-control law. This section is intended to be supplemental to the provisions of F.S. ch. 316. If any provision of this section is found by a court of competent jurisdiction to be in conflict with the provisions of F.S. ch. 316, or other general law, that provision shall be automatically voided and the remaining provisions of this section shall remain in full force and be of full legal effect.

(Code 1966, § 28-4; Ord. No. 82-24, § 1, 7-13-82; Ord. No. 83-3, § 1, 3-22-83; Ord. No. 85-2, §§ 1—3, 2-12-85; Ord. No. 89-17, § 1, 7-11-89; Ord. No. 09-04, § 1, 2-24-09; Ord. No. 09-14, § 1, 9-22-09; Ord. No. 18-14 , § 1, 9-25-18)

State law reference

Traffic-control devices required, F.S. § 316.074; conformity to uniform system, F.S. § 316.0745.