Ordinance 96-16 93. SECTION ONE: CHAPTER NINETY THREE 93. SECTION TWO: Title and Citation This ordinance shall be known and cited as the "Town of Fort Myers Beach Parking Vehicles Ordinance" 93. SECTION THREE: Definitions For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The words "shall" and "will" are mandatory and not discretionary. The following terms shall have the following meaning when used in this Ordinance: A. "Town" is the Town of Fort Myers Beach. B. "Council" is the Town Council. C. "Vehicle" shall mean any device in, upon, or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks. D. "Street" or "roadway" (used interchangeably) shall mean any public right-of-way, or any public park located in the Town and established for the use of the public for purposes of vehicular traffic. E. "Person" shall mean any individual, firm, copartnership, association, or corporation, and shall include the owner and/or operator of the vehicle. F. "Owner" shall mean the individual to whom such vehicle is registered with the State Department of Highway Safety and Motor Vehicles. G. "Operator" shall mean and include every individual who shall operate a vehicle as the owner thereof, or as the agent, employee, or permittee of the owner, or is in actual physical control of the vehicle. H. "Department" shall mean the Town Manager or the Manager’s designee. I. "Park" or "parking" or "stopping" or "standing" shall mean the standing of a vehicle, whether occupied or not, upon a street otherwise than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals, or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. J. "Summons" shall mean the ticket form used by Town. K. "Officer" is the law enforcement officer or parking enforcement specialist of the Lee County Sheriff’s Department designated by the Town as the inspecting authority to enforce parking regulations and issue summons. L. "Fire lane" shall mean the twelve foot (12’) wide strip of pavement immediately adjacent to the building of a business center together with a twelve foot (12’) wide strip of pavement providing ingress and egress from public roads to the buildings of a business center, which is appropriately marked as a "fire lane". M. "Safety zone" shall mean the area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or so marked by adequate signs or authorized pavement markings as to be plainly visible at all times while set apart as a safety zone. N. "MUTCD" shall mean the Manual on Uniform Traffic Control Devices for Streets and Highways.   93. SECTION FOUR: Stopping Standing Parking Prohibited in Specified Places 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 or operator shall: A. Stop, stand, or park a vehicle on any street as follows:   1. On the roadway side of any vehicle stopped or parking at the edge or curb of a street; 2. On a sidewalk; 3. Within an intersection; 4. On a crosswalk; 5. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the end of a safety zone, unless the Department indicates a different length by posting official signs or installing pavement markings; 6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would reduce the number of lanes of moving traffic to less than two lanes (one ten foot (10’) wide lane of moving traffic in each direction) on streets with two-way traffic flow, or to less than one ten foot (10’) wide lane of moving traffic on a street with one-way traffic flow; 7. Upon any bridge or other elevated structure on a highway or within a highway tunnel; 8. On any railroad track(s); 9. At any place where official signs prohibit stopping. 10. In any area designated as a fire lane, except for the purpose of loading or unloading handicapped passengers and then only while actually engaged in the process of loading or unloading such passengers.   B. No person or operator of a vehicle shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers, on any street as follows:   1. In front or within five feet of the end of the driveway radius or edge of a public or private driveway so as to prevent proper ingress or egress; 2. Within fifteen (15) feet of a fire hydrant; 3. Within twenty (20) feet of a crosswalk at an intersection; 4. Within thirty (30) feet upon the approach to any flashing signal, yield sign, stop sign or traffic control signal located beside or over the intersection of two (2) or more roadway(s); 5. Within twenty (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 seventy-five (75) feet of said entrance when official signs prohibiting such parking, standing or stopping are installed; 6. At any place where official signs prohibit standing; 7. In any lane designated as a fire lane.   C. No person or operator shall park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers on any street as follows:   1. Within fifty (50) feet of the nearest rail of a railroad crossing unless the Department establishes a different distance due to unusual circumstances; 2. At any place where official signs prohibit parking. D. No person shall move a vehicle not lawfully under his control such prohibited area or away from a curb such a distance as is unlawful. Any person who is in violation of this subsection shall he punished as provided for in this Ordinance.     93. SECTION FIVE: Parallel and Angle Parking Regulations A. Parallel Parking:   1. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve inches (12") of the right-hand curb or edge of the roadway; 2. Every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve inches (12") of the right-hand curb or edge of the roadway, or its left wheels within twelve inches (12") of the left-hand curb or edge of the roadway.   B. Angle Parking:   Angle parking may be permitted on streets and/or roadways within the Town provided that a proper and documented traffic engineering study is performed, either by the Department or by a private consultant, and approved by the Department pursuant to the applicable Administrative Code. 93. SECTION SIX: Parking for Certain Purposes Prohibited A. It is unlawful for any person to park a motor vehicle, as defined in Section 320.01, for a continuous period in excess of twenty-four (24) hours, after written notice, upon a public street or highway, upon a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire or rental of the motor vehicle is specifically authorized on such property by a Town regulation and the person is duly licensed as a motor vehicle dealer in accordance with Florida Statute Section 320.27, and the person is in compliance with all Town licensing regulations. B. The provisions of subsection A do not prohibit a person from parking his own motor vehicle or his other personal property on any private property which he owns or leases, or any private property for which he obtains the permission of the owner, for the principal purpose and intent of sale, hire or rental. C. A law enforcement officer may cause to be removed at the owner’s expense any motor vehicle found upon a public street, public parking lot, other public property, or private property, where the public has the right to travel by motor vehicle, which is in violation of subsection A. Every written notice issued pursuant to this section shall be affixed in a conspicuous place upon a vehicle by a law enforcement officer.   D. Any other provision of law to the contrary notwithstanding, a violation of subsection A shall subject the owner of the motor vehicle to owing the applicable agency the fees reasonably incurred by removal and storage of the motor vehicle.   93. SECTION SEVEN: Disabled Persons Parking A. GOVERNMENTAL AGENCIES   It shall be a violation of this Ordinance for any person to park in properly marked handicap parking spaces provided for by governmental agencies. 1. The Town having jurisdiction over street parking and/or publicly-owned and operated facilities, shall provide a minimum of specially designed and marked motor vehicle parking spaces in accordance with Florida Statutes Section 316.1955, for the exclusive use of those severely, physically disabled individual with permanent mobility problems which substantially impair their ability to ambulate and who have been issued an exemption parking permit pursuant to the provisions of Florida Statutes Section 316.1958 or Section 320.0848, or a license plate pursuant to Florida Statutes Sections 320.084, 320.0892, 320.0893 or 320.0845. 2. Each such parking space shall be prominently outlined with pavement markings and posted with a permanent sign of a color and design approved by the Director bearing the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY". 3. It is unlawful for any person to stop, stand, or park a vehicle within any such specially designated and marked parking space provided in accordance with this section, unless such vehicle displays a parking permit issued pursuant to Florida Statutes Section 316.1958 or Section 320.0848, and such vehicle is transporting a person eligible for the parking permit. Whenever a law enforcement officer or a parking enforcement specialist finds a vehicle in violation of this subsection, that officer shall:   (a) Have the vehicle in violation removed to any lawful parking space or facility, or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever a vehicle is removed by a law enforcement officer, or parking enforcement specialist to a storage lot, garage, or other safe parking space, the cost of such removal and parking shall be a lien against the vehicle. (b) Charge the owner or operator in charge of the vehicle in violation with a noncriminal traffic infraction. Any person who is in violation of this subsection shall be punished as provided for in this Ordinance.   B. NON-GOVERNMENTAL AGENCIES   It shall be a violation for any person to park in properly marked handicap spaces as provided for by non-governmental entities for certain disabled persons. 1. Any commercial real estate property owner offering parking for the general public shall provide specially designed and marked motor vehicle parking spaces for the exclusive use of physically disabled persons who were issued parking permits pursuant to Florida Statutes Section 316.1958 or Section 320.0848 or a license plate pursuant to Florida Statutes Sections 320.084, 320.0842, 320.0843, or 320.0845. The minimum number of such parking spaces shall be as provided in Florida Statutes Section 316.1955(2)©. 2. Each such parking space shall conform to the requirements of Florida Statutes Section 316.1956, and shall be posted and maintained with a permanent sign bearing the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY". 3. Any person who parks a vehicle in any parking space designated with the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY" is guilty of a traffic infraction, unless such vehicle displays a parking permit issued pursuant to Florida Statute Section 320.0848, and such vehicle is transporting a person eligible for such parking permit. However, any person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in any such parking space for the purpose of loading or unloading a disabled person. No penalty shall be imposed upon the driver for such momentary parking. Any person who is in violation of this subsection shall be punished as provided for in this Ordinance.   93. SECTION EIGHT: Posting of no Parking Signs It shall be the responsibility of the Department to post official no parking signs conforming with the Manual of Uniform Traffic Control Devices (MUTCD),on streets in certain designated areas prohibiting stopping, standing, and/or parking in the Town. 93. SECTION NINE: Violation, Enforcement, Penalties It shall be unlawful for any person to violate the provisions of this Ordinance. It shall be the duty of any law enforcement official or parking enforcement specialist having jurisdiction in the Town to enforce the provisions of this Ordinance. Any officer or parking enforcement specialist who discovers a vehicle parked in violation of this Ordinance may: A. Issue a summons used by the Town for such violation to the driver; or B. If the vehicle is unattended, attach such summons to the vehicle in a conspicuous place; or C. In cases of violators illegally parked in parking spaces provided for by governmental agencies, said vehicles may be removed by a law enforcement officer having jurisdiction in the Town to a storage lot, garage, or other safe parking space, the cost of such removal and parking shall be a lien against the vehicle, and said law enforcement official shall charge the owner and/or operator in charge of the vehicle in violation with a noncriminal traffic infraction. D. Any person who violates the Section on Disabled Persons Parking, shall be punished by a fine of Two Hundred Dollars ($200.00). The fines collected for a violation to the Disabled Persons Parking section shall be deposited in a separate Town account to be used in accordance with Florida Statute Section 316.008(4), as amended. E. Any person who violates the provisions of this Ordinance except the Section on Disabled Persons Parking, shall be punished by a fine of Thirty two Dollars ($32.00). Any person who fails to satisfy the provisions contained in the Town summons for violations of parking contained in this Ordinance and elects to appear before a designated official to present evidence shall be deemed to have waived his right to the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a fine not to exceed One Hundred Dollars ($100.00) plus court costs. F. No person shall, without authority attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or sign. Any violation of this provision shall constitute a misdemeanor. In addition, a violation of this provision may be enforced through the county code enforcement process.   93. SECTION TEN: Exercise of Police Power This entire Ordinance shall be deemed and construed to be an exercise of the police power of the Town for the preservation and protection of public safety and all of its provisions shall be liberally construed with a view to the effectuation of such purpose. 93. SECTION ELEVEN: Criteria in Issuance of Summons Any officer enforcing the provisions of this Ordinance may issue a summons to any person or operator of a vehicle for such non-moving offense in violation of the provisions of this Ordinance and shall consist substantially of the following information:  TOWN OF FORT MYERS BEACH SUMMONS For Parking Violation - Ord. NO.______   Officer’s Copy Ticket #   Day of Week Month Day Year Time   Name_______________________________ Street_____________________________ City_____________________ State___ Vehicle Make_____________Year____ Tag #______________________State___ Date of Birth Month Day Year Race Sex Height   Offense(s)__________________________       Name of Officer_____________________   Instruction: You must pay a civil penalty (or forfeit bond) in the amount of $32.00, or appear in Traffic Court at the Lee County Courthouse at __________ on the day of__________________199_ If you elect to pay the penalty, it must be paid before the court date. To:     Mailing Address Note: You must enclose your copy of the Summons if you mail payment. Payment should be in the form of a money order or cashier’s check. PERSONAL CHECKS WILL NOT BE ACCEPTED. Failure to respond to this Summons will result in further court action