CITY OF PORT ST LUCIE

Transcription

1 9/5/17: Proposed Ordinance Revised to comport with the revisions requested by the Councilmembers during the 8/28/17 Regular City Council Meeting. Specifically, Section (a)(15) was revised to add the exception for government vehicles; the language of Section 72.0l(b) was revised; and Section 72.0l(b)(8) was added. CITY OF PORT ST LUCIE COUNCIL AGENDA MEMORANDUM Agenda Item#: 8F Meeting Date: 9 / 25 / 1 7 TO: VIA: FROM: Mayor and City Council Russ Blackburn, City Manager 0. Reginald Osenton, City Attorney J Agenda Item: Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF PORT ST. LUCIE, FLORIDA, AT CHAPTER 72 "STOPPING, STANDING, AND PARKING" BY SPECIFICALLY AMENDING SECTION "PARKING PROHIBITIONS"; SPECIFICALLY AMENDING SECTION "PARKING IN ALLEY; PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Submittal Date: 8/23/2017 STRATEGIC PLAN LINK: Principle 2: Beautiful City; Principle 8: Stable Neighborhoods with Quality Housing Choices; Principle 10: Easy Mobility; Goal 4: Improved Mobility within Port St. Lucie BACKGROUND: Citizen questions and concerns arose with respect to the Code of Ordinances of the City of Port St. Lucie, Florida, regarding the rules and regulations applicable to residential parking and, more specifically, parking in the swale. Citizen comments were received at public meetings of the City Council during the 1 Public to be Heard' portion of the meeting on February 8, 2016 and November 14, Additionally, the Council office has received questions and complaints related to parking in the swale of residential homes. As a result, Council directed that staff undertake review of Chapter 72 of the Code of Ordinances to address the citizen concerns related to parking in the swale. On August 21, 2017, at the Special City

2 Council Meeting, the City Attorney's Office presented Council with an expansive revision to Chapter 72. Per Council's direction at that meeting, staff was tasked with editing those proposed revisions to address the issue of parking in the swale only. ANALYSIS: The proposed revisions to Chapter 72 of the Code of Ordinances of the City of Port St. Lucie, Florida, are a result of the direction provided by City Council at the Special City Council Meeting held on August 21, In accordance with said direction, the only revisions presented for City Council consideration relate to parking in the swale of residential areas. More specifically, Section was revised to include a provision that expressly prohibits parking in the swale area of a residential property without permission from the owner or the authorized legal occupant of the residential property. Additionally, Section was revised at paragraph (b) to specifically include swales as an impermissible area to stop, stand, or park a vehicle without consent from the owner of the property or person in charge thereof. In conformance with the Charter of the City of Port St. Lucie, Florida, Article IX - Powers of the City, at Section 9.10(a), any proposed additions to the Code are evidenced by underlined text and proposed deletions by strikethrough. FINANCIAL INFORMATION: N/A LEGAL INFORMATION: The proposed Ordinance has been reviewed and approved as to legal form and sufficiency by O. Reginald Osenton, City Attorney. STAFF RECOMMENDATION: Staff respectfully requests that the City Council pass and approve the revisions as recommended. SPECIAL CONSIDERATION: N/A PRESENTATION INFORMATION: N/A REQUESTED MEETING DATE: 8/28/2017 LOCATION OF PROJECT: City wide ATTACHMENTS: Chapter Stopping, Standing, and Parking, Sections and 72.02, of the Code of Ordinances of the City of Port St. Lucie, Florida; 2. Proposed Ordinance Revising Chapter 72 of the Code of Ordinances of the City of Port St. Lucie, Florida, with additions to text indicated by underline and deletions by strikethrough. Council Agenda.tdemorardirm 1'1.3

3 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA AMENDING THE CODE OF ORDINANCES OF THE CITY OF PORT ST. LUCIE, FLORIDA, AT CHAPTER 72 "STOPPING, STANDING, AND PARKING" BY SPECIFICALLY AMENDING SECTION "PARKING PROHIBITIONS"; SPECIFICALLY AMENDING SECTION "PARKING IN ALLEY; PARKING ON PRIVATE PROPERTY WITHOUT PERMISSION"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, consistent with Florida Statutes Section and the reasonable exercise of its police power, the City of Port St. Lucie ("City") regulates parking within its jurisdiction; and WHEREAS, the City Council of the City of Port St. Lucie, Florida, has determined that the Code of Ordinances of the City of Port St. Lucie Florida, at Chapter 72, should be amended and updated; and WHEREAS, the City Council finds that this Ordinance promotes the public health, safety and welfare of the citizens and inhabitants of the City, pursuant to Article VIII, Section 1(g), Florida Constitution and Section , Florida Statutes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA, HEREBY ORDAINS AS FOLLOWS: Section 1. Ratification of Recitals. The City Council of the City of Port St. Lucie, Florida, hereby adopts and ratifies those matters as set forth in the foregoing recitals. Section 2. That Section of the Code of Ordinances of the City of Port St. Lucie, Florida, is hereby amended to read as follows: CHAPTER STOPPING, STANDING, AND PARKING Article I. - GENERAL PROVISIONS Sec Parking prohibitions. (a) Except when necessary to avoid conflict with other traffic. or in compliance with law or the directions of a police officer or official traffic-control device, no person shall stop, stand, or park a vehicle: (1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street. (2) On a sidewalk. (3) Within an intersection. (4) On a crosswalk.

4 ORDINANCE (5) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the city indicates a different length by signs or markings. (6) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (7) Upon any bridge or other elevated structure upon a highway or within a highway tunnel. (8) On any railroad tracks. (9) On a bicycle path. (10)At any place where official traffic-control devices prohibit stopping. (11)On the roadway or shoulder of a limited access facility, except as provided by regulation of the Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle which is disabled or in a condition improper to be driven as a result of mechanical failure or accident may be parked on such shoulder for a period not to exceed six hours. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance with applicable traffic laws. (12)For the purpose of loading or unloading a passenger on the paved roadway or shoulder of a limited access facility or on the paved portion of any connecting ramp. This provision is not applicable to a person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle. (13)Other than on the right-hand side of any two-way street. (14)Within any area designated as a zone for emergency vehicles or fire lanes. (15) In the swale area of a residential property without permission from the owner or the authorized legal occupant of the residential property. Exception shall be made for any government vehicles, including but not limited to, Federal, State, and local government vehicles or any emergency response vehicles, including but not limited to police department, fire department, utility and/or any municipal fleet vehicles, and authorized contractors working on behalf of the above listed agencies while in the commission of their duty. (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge engaging in the expeditious loading or unloading of a passenger or passengers: In front of a public or private driveway. Within 15 feet of a fire hydrant. Within 20 feet of a crosswalk at an intersection. (4) Within 30 feet of the approach to any flashing signal, stop sign, or traffic-control signal located at the side of a roadway. (5) (6) (7) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when properly signposted). On an exclusive bicycle lane. At any place where official traffic-control devices prohibit standing. 2

5 ORDINANCE (8) Notwithstanding anything hereinabove, in the swale area of a residential property. (c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in loading or unloading merchandise or passengers: (1) Within 50 feet of the nearest rail of a railroad crossing unless the state department of transportation establishes a different distance due to unusual circumstances. (2) At any place where official signs prohibit parking. (d) No person shall stop, stand, or park a vehicle upon the shoulder of the roadway within any city right-of-way unless the vehicle is stopped or parked with the left or right side of the vehicle nearest the roadway parallel to the edge of the roadway. (e) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. (f) A law enforcement or parking enforcement officer who discovers a vehicle parked in violation of this section may issue a ticket, in a form used by the city.: (1)To the driver or registered owner of the vehicles; or (2)If the vehicle is unattended, to the registered owner of the vehicle, leaving the ticket in a conspicuous place on the vehicle. (g) No person shall stand or park a vehicle upon or within the traveled roadway or within 12 inches of the edge of the pavement within the traveled roadway, except momentarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers or performing work within the traveled roadway. (h) Parking of a vehicle shall be prohibited on any portion of an improved residential building site considered to be the front yard of that building site, except in the area specifically designed and constructed for such use. Construction may consist of a generally accepted impervious, semiimpervious, or other material clearly defining the parking area. However, parking shall be absolutely prohibited in the wide side of the front yard. The wide side of the front yard is identified as that portion of the front yard found to be forward of the outside front corners of the residential structure and that side of the driveway which yields the larger area for lawn and/or landscaping. (i) No person shall stand or park a motor vehicle upon any federal, state, or local public right-ofway within the city or on any unimproved property for the principal purpose of: (1) Displaying a vehicle for sale, (2) Displaying any advertising, except by special use permit, (3) Selling merchandise from a vehicle, except in a duly established marketplace or when so authorized by special use permit from the city, or (4) Abandonment for more than 24 hours. Section 3. That Section of the Code of Ordinances of the City of Port St. Lucie, Florida, is hereby amended to read as follows: Sec Parking in alleys; parking on private property without permission. (a) No person shall stop, stand, or park a vehicle within an alley in a business district, except for the expeditious loading or unloading of materials, and in no event for a period of more than 20 3

6 ORDINANCE minutes. No person shall stop, stand, or park a vehicle in any alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic. No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway or entrance to any abutting property. (b) No person shall stop, stand, or park a vehicle in any private alley, drive, driveway, parking area, swale, or other privately-owned property without the consent of the owner of the property or person in charge thereof, whether the property is used exclusively by the owner or for the use and convenience of customers or guests. Section4. Conflict. If any ordinances, or parts of ordinances, or if any sections, or parts of sections, of the Code of Ordinances of the City of Port St. Lucie, Florida, are in conflict herewith, this Ordinance shall control to the extent of the conflicting provisions. Section 5. Severability. The provisions of this Ordinance are intended to be severable. If any section, subsection, clause or provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect and this Ordinance shall nevertheless stand and be construed as if the illegal or invalid part or portion had not been included herein. Section 6. Codification. It is the intention of the City Council of the City of Port St. Lucie, and it is hereby ordained, that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Port St. Lucie, Florida, that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions, and the word "ordinance" may be changed to "Section" or other appropriate word as may be necessary. Section7. Effective Date. second reading. This Ordinance shall become effective upon final adoption on PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this l l t^' day of September, CITY COUNCIL CITY OF PORT ST. LUCIE ATTEST: Karen A. Phillips, City Clerk By: Gregory J. Oravec, Mayor APPROVED AS TO FORM: O. Reginald Osenton. City Attorney 4