Sec. 28-3. - In general.
(a) Purpose of assessment of parking fees. The fines and/or fees prescribed herein for parking violations are hereby levied and assessed as fees to provide for the proper regulation and control of traffic upon the public streets and within the city parking lots.
(b) Restricted parking section of the business district of the city. The following shall be known as the restricted parking section of the business district of the city: that area bordered by and including Wisconsin Avenue on the north, Howry Avenue on the south, Amelia Avenue on the east, and Clara Avenue on the west.
(c) All-night parking prohibited. No all-night parking shall be allowed on any street in the city.
(d) Designation of restricted parking in business district; signs. The city manager may designate and regulate certain public parking areas within the restricted parking section of the business district by the use of signs.
(e) Providing for time restrictions. The city manager may restrict certain public parking areas to specific lengths of time. It shall be a violation of this chapter for a vehicle to occupy a parking space in those areas for a period of time in excess of that permitted by an official sign.
(f) Obliteration of chalk marks. It shall be unlawful for any person to willfully rub out, erase or obliterate any chalk mark placed on any tire of any motor vehicle parked on the streets, parking lots or parking areas of the city or to move such vehicle for the purpose of concealing or altering the position of such chalk marks. Violators of this section shall be subject to the penalties set forth in section 1-6 of this Code.
(g) Applicability of general traffic ordinances and state statutes. The driver of any vehicle on a parking lot shall at all times be subject to all traffic regulations and ordinances of the city and also subject to the Florida Uniform Traffic Control law, as if such lot were a city street, and all ordinances or parts of ordinances in conflict with the provisions of this chapter shall be applicable only to the regulations of such parking lots.
(Ord. No. 2006-14, § 1, 3-20-06, effec. 4-17-06)
Sec. 28-4. - Definitions.
For purposes of this chapter, certain terms, phrases, words and their derivatives shall have the following meanings:
(a) Calendar days mean and include Saturdays, Sundays and legal holidays. Thus, in computing any period of time prescribed or allowed by this chapter, the day of the act, event or default from which the designated period of time begins to run shall not be included; however, the last day of the period so computed shall be included, even if it is a Saturday, Sunday or legal holiday, any provisions of this Code to the contrary notwithstanding. If any period of time under this chapter is sought to be complied with by means of mailing, the date of actual receipt of the mail by the parking division, not the date of posting, shall be deemed the date of compliance.
(b) Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
(c) Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
(d) Stop or stopping, when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the direction of a law enforcement officer or traffic control sign or signal.
(e) Vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon any public street within the city, excepting devices moved by human power.
(Ord. No. 2006-14, § 1, 3-20-06, effec. 4-17-06)
DIVISION 2. - PARKING REGULATIONS AND PENALTIES
Sec. 28-5. - Parking regulations; penalty for initial violations; penalty for continuing violations by same vehicle.
(a) Unless otherwise provided herein, any person who violates the provisions of this chapter by parking or leaving a vehicle in violation of any of the below regulations, shall pay a fine of $9.00 for the initial violation:
(1) Overtime parking. It shall be unlawful for any person to leave a vehicle parked in a parking space for a period of time in excess of that permitted by an official sign or other time limit designation.
(2) Not within the parking space. Where parking lines are marked in parking lots and on the streets, vehicles must not straddle or park over these parking lines, and thus occupy more than the space lined off for such parking or encroach on an adjacent parking space or the adjacent traffic lane. No vehicle shall be parked in the parking lots or on the streets in such a manner that such vehicle extends beyond the limits of the parking space designed for such vehicle.
(3) Parking in reserved parking. It shall be unlawful for any person to leave a vehicle parked in a parking space designated as reserved parking, except for such person(s) for whom the space is reserved.
(b) Unless otherwise provided herein, any person who violates the provisions of this chapter by parking or leaving a vehicle in violation of any of the below regulations, shall pay a fine of $18.00 for the initial violation:
(1) Parking in areas designated as commercial delivery/loading zones. The city manager is hereby authorized to designate commercial delivery/loading zones in each block on each side on the street within the restricted parking section of the business district. Commercial delivery/loading zones shall be used solely for vehicles which are properly and clearly marked on both sides of the exterior of the vehicle as commercial delivery vehicles and which are delivering supplies to, or loading supplies from, business establishments in such blocks; provided, however, that such commercial delivery/loading zones shall not be used by any one commercial delivery vehicle for a period longer than 15 minutes between the hours of 8:00 a.m. and 5:00 p.m. It shall be unlawful for any vehicle to park in violation of this section.
(2) Parking in areas designated with yellow curbs or yellow lines. It shall be unlawful for any person to park or leave a vehicle on, over or adjacent to any area designated as being prohibited to parking through the use of curbs or lines painted yellow.
(3) Prohibited parking areas. It shall be unlawful for any person to park or leave a vehicle:
a. On a sidewalk;
b. Facing the opposite direction of traffic flow in the travel lane adjacent to the parking space;
c. In a fire lane; or
d. More than 12 inches from the curb.
(4) Not a designated parking space. It shall be unlawful for any person to park or leave a vehicle in an area upon the street or in a city parking lot which is not designated by markings, signs or other devices as a parking space, and/or in any manner so as to obstruct or impede the free movement of vehicles.
(5) Use of more than one parking space by the same vehicle. Vehicles shall stop or park only in spaces which are designated and designed for their size. Except as otherwise provided herein, it shall be unlawful for any person in the streets and lots of the city to park or leave a vehicle perpendicular to parking lines so as to be parked horizontally across more than one space, or in the case of on-street parallel parking, to park or leave a vehicle that is too large to fit in one space so that it crosses the lines and occupies two or more spaces. For purposes of this section, "vehicle" shall be defined as every device in, upon or by which any person or property is or may be transported or drawn upon any public street within the city, including any trailers or appurtenances attached thereto, regardless of whether or not such trailer or appurtenance bears a separate registration and tag.
(c) Unless otherwise provided herein, any person who violates the provisions of this chapter, by parking or leaving a vehicle in violation of any of the below provisions which are prohibited by chapter 316, Florida Statutes, shall pay fine of $18.00 for the initial violation:
(1) Parking on the roadway side of parked vehicles prohibited (double parking). It shall be unlawful for any person to leave a vehicle parked on the roadway side of any vehicle stopped or parked at the edge or curb of a street.
(2) Parking within intersections prohibited. It shall be unlawful for any person to leave a vehicle parked within an intersection.
(3) Parking where prohibited by official traffic control devices. It shall be unlawful for any person to leave a vehicle parked where prohibited by official traffic control devices.
(4) Parking in front of a driveway prohibited. It shall be unlawful for any person to leave a vehicle parked in front of a public or private driveway.
(5) Parking within 15 feet of a fire hydrant prohibited. It shall be unlawful for any person to leave a vehicle parked within 15 feet of a fire hydrant, except in areas specifically marked for parking.
(6) Parking within 20 feet of a crosswalk or intersection prohibited. It shall be unlawful for any person to leave a vehicle parked within 20 feet of a crosswalk or intersection, except in areas specifically marked for parking.
(d) Parking in spaces reserved for disabled. It shall be unlawful for any person to park or leave a vehicle in any space reserved by disabled persons unless that person has properly displayed a disabled parking permit or license plate issued pursuant to chapter 320, Florida Statutes. Any person who violates this section shall pay a fine of $250.00.
(e) Continuing violations by same vehicle. Any person who continues to violate the provisions of this article by leaving a vehicle at the same location for a period of two hours following the issuance of a parking citation shall pay an additional fine of $18.00.
(f) Miscellaneous parking provisions—Bus parking; regulating and authorizing. Buses may park for a maximum of two hours in areas specifically marked as allowing for that purpose. Vehicle parking shall also be permitted in such areas. Buses parked in an area marked for bus parking shall not be deemed to be in violation of subsections (a)(2) or (b)(5). Violations of this section shall be subject to the penalties prescribed by this Code.
(Ord. No. 2006-14, § 1, 3-20-06, effec. 4-17-06; Ord. No. 2007-28, § 1, 6-4-07, effec. 6-1-07; Ord. No. 2007-40, § 1, 10-1-07)
Sec. 28-6. - Collection of parking fines; submission to collection agency.
(a) Additional charges for failure to pay fines. Any person who fails to pay the entire fine provided in section 28-5 above within 14 calendar days from the date the violation is issued, shall pay a fine of $30.00 per violation, instead of the violation provided in section 28-5.
(b) Submission to collection agency. Parking tickets remaining unpaid after 90 days shall be forwarded to a collection agency. Such collection fees shall be added to the unpaid balance.
(c) Presumption as to driver of vehicle. In any proceeding or in the collection of any fine for violation of this article, the registration plate displayed on the vehicle shall raise a presumption that the registered owner of the vehicle was the person who parked, placed or left the vehicle at the point where the violation occurred. This presumption may be rebutted by competent evidence.
(Ord. No. 2006-14, § 1, 3-20-06, effec. 4-17-06)
Sec. 28-7. - Procedures governing contest of city parking citations.
(a) Any person issued a city parking citation pursuant to this chapter shall answer the citation by either of the following procedures within 14 calendar days from the date the citation is issued:
(1) Payment of the fine indicated on the citation may be remitted to the city pursuant to the instructions on the citation; or
(2) A hearing may be requested by the person receiving such citation or by the vehicle's registered owner for the purpose of presenting evidence before a county court judge or hearing officer concerning a parking violation. Any person requesting a hearing shall execute, at city hall, a form approved by the county clerk indicating his/her willingness to appear at such hearing. Any person who requests a hearing will be summoned by the clerk of court to appear at a hearing before a county court judge or hearing officer. Any person who requests a hearing and does not appear in accordance with the summons shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with this chapter.
(b) An election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation and a county court judge or hearing officer, after said hearing, may impose a fine not to exceed $100.00 plus court costs for each parking violation.
(c) If there has been no response to the parking citation pursuant to subsection (a), the city shall cause the registered owner of the vehicle listed on the citation to be notified of the issuance of said citation. Such notification shall be sent by regular U.S. mail to the address given on the motor vehicle registration. Mailing the notice to the address constitutes notification. The notification shall inform the registered owner of the date and location of the parking violation and the amount due. If the registered owner of the vehicle has not paid the penalty, after 30 days the city shall undertake to collect the amount due by any means provided for by ordinance or by any other means provided for by law.
(d) The owner of a vehicle is responsible and liable for payment of any parking ticket violation unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, in the care, custody or control of another person. In such instances, the owner of the vehicle is required to, within a reasonable period of time, furnish the city with an affidavit setting forth the name, address and driver's license number of the person who leased, rented, or otherwise had the care, custody or control of the vehicle. The affidavit submitted under this subsection is admissible in a proceeding charging a parking violation and raises the rebuttable presumption that the person identified in the affidavit is responsible for payment of the parking ticket violation. The owner of the vehicle is not responsible for a parking ticket violation if the vehicle involved was, at the time, stolen.
(Ord. No. 2006-14, § 1, 3-20-06, effec. 4-17-06)
Sec. 28-7.5. - Supplying information regarding outstanding parking citations to the Florida Department of Highway Safety and Motor Vehicles.
The city shall supply the Florida Department of Highway Safety and Motor Vehicles, or any successor department performing substantially the same duties, a list of persons who have three or more outstanding parking violations, or one or more outstanding parking violation(s) of section 316.1955, Florida Statutes; section 316.1956, Florida Statutes; or any city ordinances which regulate parking in spaces for persons with disabilities. The information may be supplied to the Florida Department of Highway Safety and Motor Vehicles in any communications format approved by it or by State statute.
(Ord. No. 2006-63, § 1, 9-18-06)
Sec. 28-8. - Immobilization or towing of vehicles for parking violations, when authorized.
(a) Any police officer or parking enforcement officer is hereby authorized to attach a "Denver boot" or other nondestructive device that is capable of immobilizing a motor vehicle described as follows:
(1) Any motor vehicle belonging to the registered owner of any motor vehicle which has, on at least four occasions, been found stopped, standing or parked on any street, alley or thoroughfare within the city in violation of a state law or city ordinance, for which violations the registered owner has failed or refused to pay the civil penalties indicated upon the citations or summonses issued by a police officer or parking enforcement officer of the city, or imposed by order of court;
(2) The registered owner of a motor vehicle has been given notice by mail or otherwise that the provisions of this section will be enforced against any motor vehicle registered to that owner unless, not less than ten calendar days from the date the notice is sent, the owner has paid the civil penalties for each of the such outstanding or unpaid citations and summonses listed in the notice; and
(3) The registered owner of the motor vehicle has failed or refused to respond to the notice described in subsection (2) by paying all such civil penalties. Partial payments shall not prevent immobilization of the vehicle.
(4) Certification of attempt to notify shall satisfy the requirements of subsection (2).
(b) The city clerk shall maintain a current list of all motor vehicles to which an immobilization device may be attached pursuant to this section.
(c) The immobilization device shall be attached to the motor vehicle at any location within the city where the motor vehicle may be found, if the location is in a right-of-way or place where the public is invited to travel; except that no motor 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.
(d) At the time that an immobilization device is attached to a motor vehicle, a notice shall be affixed to the windshield and to the left front window stating that the immobilizing device has been attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove the immobilization device. The notice shall inform the owner or operator of the motor vehicle the total amount of civil penalties assessed under the citations for which the motor vehicle is immobilized, plus the charge for removal of the immobilization device, and the location and manner by which the owner or operator must pay the civil penalties and removal charge and have the immobilization device removed from the motor vehicle.
(e) The immobilization device shall be removed from the motor vehicle upon payment of the civil penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charge, and upon the authorization of the city clerk or his/her designee.
(f) The removal charge for the authorized removal of an immobilization device is hereby established in the amount of $40.00.
(g) In the alternative, or as an additional remedy if an immobilization device remains on a motor vehicle for more than 24 hours, any motor vehicle described in subsection (a) may be towed from any location where it may be found within the city, if the location is in a right-of-way or place where the public is invited to travel, and shall be impounded until the registered owner pays all outstanding civil penalties, the removal charge, and the costs of towing and impoundment.
(h) This section shall be applied retrospectively, such that an outstanding citation or summons issued prior to the effective date hereof shall be includable in determining whether the requirements of subsection (a)(1) have been met.
(i) It shall be unlawful for the owner or operator of a motor vehicle to remove, damage or otherwise tamper with an immobilization device placed on his/her vehicle. Any person who shall remove, damage or otherwise tamper with an immobilization device shall be punished as provided in section 1-6 of this Code.
(Ord. No. 2006-14, § 1, 3-20-06, effec. 4-17-06)
Sec. 28-8.1. - Annual parking permits.
(a) General provisions. The city shall offer for sale annual parking permits upon proper completion of an application form provided by the city and the advance payment of the annual fee of $480.00 per vehicle. Parking permits will be issued in a limited number based upon the percentage of parking spaces in each timed lot to the total number of parking spaces in all timed lots, as determined and designated by the city manager. Possession of a valid permit shall entitle the permit holder to park all day in any available, regular parking space within the parking lot for which the permit was issued (excluding those spaces which are reserved for handicapped persons or any other space which is otherwise designated as restricted parking). The spaces within each lot for which permits are sold will not be designated or marked as "permit parking" nor will they be reserved for permit parking in any way.
(b) Application. The city shall prepare and provide to all applicants an application form which shall require information deemed necessary by the city manager to provide adequate proof and verification, and other information necessary for proper administration.
(c) Issuance; display of decal. Upon presentation of a completed application and payment of the annual fee, the city shall issue an annual parking permit and shall issue a sticker or decal for the particular vehicle described in the application. The sticker or decal shall be valid for one year only, and shall be affixed and prominently displayed on the left, rear window of the vehicle. Any decal or sticker not displayed in this location shall be of no force and effec.
(d) Issuance; permits issued for use in specified lot only. Parking permits will be sold and issued for specific lots only, and shall not be valid except in the designated lot for which the permit was issued. Any person possessing a valid parking permit, but not parked in the specific lot for which that permit was issued, shall be subject to overtime parking fines.
(e) Term. The parking permit year shall begin on July 1 of each year and shall expire on June 30. No parking permit shall be issued for any fractional portion of any year. Parking permits will be issued for specific lots only, and shall be sold on a first-come, first-served basis each year until all are sold.
(1) Upon the conveyance of the title or possession of a vehicle for which a parking permit has been issued, the permit shall immediately become void. It shall be the responsibility of the original applicant for the parking permit to remove the parking permit sticker or decal upon the sale or transfer of the vehicle and any person violating this section shall, upon conviction thereof, be punished as provided by the Code of the City of DeLand governing the violation of city ordinances.
(2) If the owner of a vehicle currently registered for an annual parking permit replaces the vehicle with another, the owner may obtain a permit and sticker or decal for the replacement vehicle for the balance of the parking permit year by making a new application to the city and upon payment to the city of a replacement parking permit fee of $10.00 and surrender of the parking decal which has been removed from the vehicle which has been replaced.
(g) Replacement permit if lost or stolen.
(1) Any request for a replacement permit must be accompanied by an affidavit taken under oath that the original permit has been lost or stolen. Upon receipt of the request and the affidavit, a replacement permit shall be issued by the city for $10.00. Upon issuance of a replacement permit, the original permit shall become invalid and must be returned to the city if found.
(2) A parking permit which is not affixed to the vehicle to which it is registered within a period of 72 hours of issuance will not be replaced if lost.
(Ord. No. 2006-22, § 1, 6-25-06, effec. 7-1-06)