HomeMy WebLinkAboutO-1980-230 r
ORDINANCE N0. 230
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING CHAPTER 281 ARTICLE II, SECTIONS 28
THROUGH 39 TO PROVIDE REGULATION AND ENFORCEMENT
PROVISIONS FOR PARKING ON PRIVATE LANDS; LEASE
OF SPACES IN MUNICIPAL PARKING LOTS; PROVIDING
FOR TRUCK ROUTES; REGULATING STOPPING, STANDING
AND PARKING GENERALLY; AND PROVIDING A SLVERABILITY
CLAUSE; AND PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES AND ALL RESOLUTIONS OR PARTS THEREOF
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY C014MISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 : Article II of Chapter 28 of the Code of
Ordinances of the City of Dania, Florida, be and the same
is hereby amended in its entirety to read as follows :
Sections 28-28 through 28-43 , designated Article II ,
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City Manager Sections; Sections 28-44 through 28-55
designated Article III, Parking on Private Lands;
Sections 28-57 through 28-59 , designated Article IV,
Lease of Spaces in Hunicipal Parking Lots; Section 28-75 ,
designated Article V, Truck Routes; and Sections 28-86
through 28-140 , designated Article VI, Stopping, Standing
and Parking Generally, Code of Ordinances, are created to
read:
ARTICLE II . CITY MANAGER
Sec. 28-28 . General Duties
All functions that have not been transferred to
the Broward County Department of Transportation, are
hereby vested in the City Manager or his designated
f assistant.
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! Sec. 28-29 . Definitions
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The following words and phrases when used in this
1 chapter shall have the meanings respectively ascribed
to them in this section, except where the context other-
wise requires :
(1) Authorized emergency vehicles . Vehicles of the
fire department, police vehicles and such ambulances
j and emergency vehicles of municipal departments,
public service corporations operated by private
corporations , and the department of transportation
as are designated or authorized by the department
or the chief of police of an incorporated city or
any sheriff of any of the various counties .
(2) Bicycle. Any device propelled by human power, or
any "moped" propelled by a pedal-activated helper
motor with a manufacturer 's certified maximum rating
of 1 1/2 brake horsepower, upon which any person
may ride , having 2 tandem wheels , either of which
is 20 inches or more in diameter, and including any
device generally recognized as a bicycle through
equipped with 2 front or 2 rear wheels .
(3) Bus . Any motor vehicle designed for carrying more than
ten passengers and used for the transportation of per-
sons and any motor vehicle, other than a taxicab,
designed and used for the transportation of persons
for compensation.
(4) Business district. The territory contiguous to, and
including, a highway when 50 percent or more of the
frontage thereon, for a distance of 300 feet or more,
is occupied by buildings in use for business .
(5) Crosswalk .
(a) That part of a roadway at an intersection in-
eluded within the connections of the lateral
lines of the sidewalks on opposite sides of
the highway, measured from the curbs or, in the
absence of curbs, from the edges of the travers-
able roadway;
(b) Any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian
crossing by lines or other markings on the sur-
face .
(6) Driver. Any person who drives or is in actual
physical control of a vehicle on a highway or who
is exercising control of a vehicle or steering a
vehicle being towed by a motor vehicle.
(7) Gross weight. The weight of a vehicle without load
plus the weight of any load thereon .
(8) House trailer.
(a) A trailer or semitrailer which is designed,
constructed, and equipped as a dwelling place,
living abode, or sleeping place (either per-
manently or temporarily) and is equipped for use
as a conveyance on streets and highways , or
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(b) A trailer or a semitrailer the chassis and
exterior shell or which is designed and con-
structed for use as a house trailer, as de-
fined in paragraph (a) , but which is used
instead, permanently or temporarily, for the
advertising, sales, display, or promotion of
merchandise or services or for any other
commercial purpose except the transportation
of property for distribution by a private
carrier .
(9) Immediate family. Members of household that occupies
a dwelling unit.
(10) Intersection .
(a) The area embraced within the prolongation or
connection of the lateral curblines ; or, if
none, then the lateral boundary lines of the
roadways of two highways which join one another
at, or approximately at, right angles; or the
area within which vehicles traveling upon
different highways joining at any other angle
may be in conflict.
(b) where a highway includes two roadways 30 feet
or more apart, then every crossing of each road-
way of such divided highway by an intersecting
highway also includes two roadways 30 feet or
more apart, then every crossing of two roadways
of such highways shall be regarded as a separate
intersection.
Ya (11 ) Laned highway. A highway the roadway of which is
divided into two or more clearly marked lanes for
vehicular traffic.
(12) Motor vehicle . Any vehicle which is self-propelled
and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not
operated upon rails, but not including any bicycle
or "moped" as defined in subsection (2) .
(13) Motorcycle . Any motor vehicle with a motor rated in
excess of 1 1/2 brake horsepower having a seat or
saddle for the use of a rider and designed to travel
on not more than three wheels in contact with the
ground, but excluding a tractor.
(14 ) Motor-driven cycles . Every motorcycle and every
motor scooter with—a motor which produces not to
exceed five brake horsepower, including every bicycle
propelled by a helper motor rated in excess of 1 1/2
brake horsepower.
(15) Official traffic control si nal . Any device, whether
manually, electrically, or mechanically operated, by
which traffic is alternately directed to stop and
permitted to proceed.
(16) Official traffic control devices . All signs , signals ,
markings, and devices, not inconsistent with this
chapter, placed or erected by authority of a public
body or official having jurisdiction for the purpose
of regulating, warning, or guiding traffic.
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(17) operator. Any
y person who is in actual physical con-
trol of a motor vehicle upon the highway, or who is
exercising control over or steering a vehicle being
towed by a motor vehicle.
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(18) Owner. A person who holds the legal title of a
vehicle, or, in the event a vehicle is the subject
of an agreement for the conditional sale or lease
thereof with the right of purchase upon performance
of the conditions stated in the agreement and with
an immediate right of possession vested in the con-
ditional vendee or lessee, or in the event a mortgagor
of a vehicle is entitled to possession, then such
conditional vendee, or lessee, or mortgagor shall be
deemed the owner, for the purposes of this chapter .
(19) Park or parking . 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 as may be permitted
by law under this chapter.
(20) Parking Enforcement Specialist. A person employed
by t e City of Dania w o as successfully completed a
training program established and approved by the Police
Standards and Training Commission for parking enforce-
ment .specialists .
(21) Pedestrian. Any person afoot.
(22) Person. Any natural person, firm, co-partnership,
association, or corporation .
(23) Police Officer. Any officer authorized to direct or
regulate traffic and to make arrests for violations
of traffic regulations, including Florida highway
patrolmen , sheriffs, deputy sheriffs, or municipal
police officers .
(24) Community Service Officer. Any officer, including code
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enforcet officers or fire marshals , authorized to
direct or regulate traffic or to issue citations for
violations of parking regulations.
(25) Private road or driveway. Any privately owned way or
place used for vehicular travel by the owner and those
having express or implied permission from the owner,
but, not by other persons .
(26) Roadway. That portion of a highway improved designed
ororor inarily used for vehicular travel , exclusive
of bern or shoulder. In the event a highway includes
two or more separate roadways , the term "roadway" as
used herein shall refer to any such roadway separately,
but not to all such roadways collectively.
(27) Safety zone . 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 safety zone .
(28) Sidewalk . That portion of a street between the curb-
line, or the lateral line, of a roadway and the
adjacent property lines, intended for use by pedestrians .
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(29) Stand or standing . 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, as may be permitted by
law under this chapter.
(30) Stop or standing. when prohibited, any halting,
even momentarily, of a vehicle , whether occupied or
not, except when necessary to avoid conflict with
the directions of a law enforcement officer or traffic
control sign or signal.
(31) Storage shall be defined as the continuous parking of
a vehicle upon a premises for a period in excess of
six (6) months without said vehicle being properly
licensed for travel upon the public highways of this
State .
(32) Street or highway . The entire width between the bound-
ary lines of every way or place of whatever nature
when any part thereof is open to the use of the public
for purposes of vehicular traffic.
(33) Traffic . Pedestrians , ridden or herded animals , and
vehicles, streetcars, and other conveyances either
singly or together while using any street or highway
for the purposes of travel .
(34 ) Unused vehicle shall be defined for the purpose of
this section as a motor vehicle as defined in
§316 .003 F.S . that posses all necessary mechanical
equipment for normal operation but lacks a correct
license tag or inspection sticker or both.
(35) Vehicle. Any device , in, upon, or by which any per-
son or property is or may be transported or drawn
upon a highway, except bicycles or "mopeds" as de-
fined in subsection (2) or devices used exclusively
upon stationary rails or tracks.
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Sec. 28-30 . Display of unauthorized signs, signals , or
markings; authority to remove
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(a) No person shall place , maintain, or display upon
or in view of any street, any unauthorized sign, signal ,
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marking, or device which purports to be, or is an imitation
of, or resembles an official traffic-control device or
railroad sign or signal , or which attempts to direct the
movement of traffic, or which hides from view or interferes
with the effectiveness of any official traffic-control
device or any railroad sign or signal .
(b) Every such prohibited sign, signal or marking
is hereby declared to be a public nuisance , and the City
Manager is hereby empowered to remove the same or cause
it to be removed without notice .
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Sec. 28-31 . Authority to prohibit all night parking.
i (a) The City Manager or Chief of Police is hereby em-
powered to make all regulations necessary to make effective
the provisions of the traffic ordinances of this municipality
and to make temporary or experimental regulations , consistent
with this article , to cover emergencies or special conditions .
The Chief of Police is hereby empowered to enforce said tem-
porary or experimental regulations . No such regulation
shall be effective and in force until and unless adequate
signs , signals , or other notices are erected clearly in-
dicating said regulation. No such temporary or experimental
regulation shall remain in effect for more than 90 days .
(b) The City Manager may test traffic-control devices
under actual conditions of traffic .
Sec . 28-33 . City Manager to designate curb loading
zones .
The City Manager is hereby authorized to determine
the location of passenger and freight curb loading zones
and may place and maintain appropriate signs indicating
the same, stating the hours during which the provisions
of section are applicable .
Sec . 28-34 . City Manager to designate public carrier
stands .
The City Manager is hereby authorized to establish
bus stops , bus stands, taxicab stands , and stands for
other passenger common carrier motor vehicles on such
public streets, in such places and in such number as
he shall determine to be of the greatest benefit and
convenience to the public. Every such bus stop, bus
stand, taxicab stand, or other stand, shall be designated
by appropriate signs .
Sec. 28-35 . Authority to determine metered parking zones .
The City Manager is hereby authorized to determine
and designate metered parking zones , and to install and
maintain upon any of the designated streets or parts of
streets and other municipal property, as many parking
meters as necessary in said metered parking zones, where
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1 it is determined that the installation of parking meters
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shall be necessary to aid in the regulation, control , and
inspection of the parking vehicles .
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ARTICLE III. PARKING OF PRIVATE LANDS
Sec . 28-44 . Parking of vehicles--Consent of property
owner required.
It shall be unlawful for any person to park any motor
vehicle, including automobiles , trucks, motorcycles, motor
bikes or motor scooters, or any other vehicle, upon any
privately-owned parking lot or other private property,
without the consent of the owner, lessee, tenant or other
person entitled to the posession and use of such premises .
Sec. 28-45. Same--Issuance of citations by police upon
violators .
It shall be the duty of any police officer of the
city, upon a complaint being signed by the owner, lessee,
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tenant or other person having the right to the possession
and use of such premises, as provided for in the preceding
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section, to issue a citation to any person violating the
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provisions of the preceding section.
j Sec. 28-46 . Same--penalty for violations .
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The violation of Section 28-44 or Section 28-45,
after conviction by a court of competent jurisdiction,
is punishable by a fine of $10 .00 .
Sec. 28-47. Parking on private property designated as
fire zone or fire lane.
(a) It shall be unlawful for any person, firm, or
corporation to park any motor vehicle, including auto-
mobiles, trucks, motorcycles, motor bikes, or any other
vehicle on private property which has been designated as
a fire zone or fire lane by the City of Dania Police or
Fire Department.
(b) It shall be the duty of any police officer or
fire inspector of the City of Dania to issue a citation to
any person violating the provisions of this section.
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(c) Any person who shall violate the provisions
of the foregoing subsection g g (a) shall , upon conviction
thereof, be punished by a fine of not more than $100 .00 ,
or by imprisonment for not more than 10 days, in the dis-
cretion of the court.
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Sec . 28-48 . Definitions .
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When used in sections 28-49 through 28-55 the follow-
ing words shall have the meanings ascribed to them:
(a) Wrecker or Tow Truck : Any motor vehicle equipped
with booms, winches, or similar equipment designed for
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recovery and tow of vehicles, trailers, motor homes and
other objects which cannot operate under their own power
or for some other reason must be transported in the tow
and control of another vehicle . "Car Carrier" is any
motor vehicle equipped with a winch and hydraulicly opera-
ted bed which slides and tilts to accommodate loading and
is designed for towing and/or transporting of vehicles .
(b) Wrecker and towing service : A business that
provides the services of one or more wreckers for hire
or used for towing, transporting or moving vehicles on
public streets.
(c) Wrecker and towing service owner or employee:
Any person engaged in the business of towing transporting
or moving vehicles on public streets .
Sec. 28-49 . Towing or removal of vehicles on private
property.
(a) When ordered by someone other than the owner
or custodian of a vehicle, or the authorized agent of
such owner or custodian, or by someone other than law
enforcement personnel, a vehicle may be towed or other-
wise removed, except by vehicle entry , from private
property by a wrecker and towing service or by a wrecker
and towing service owner or employee when the property
is appurtenant to or obviously a part of a single family
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residence, or in the case of any other property, when
notice is prominently posted on the property , or has
been personally given to the owner or driver of the motor
{ vehicle, that the area in which such vehicle is parked
iis reserved or is otherwise unavailable for unauthorized
vehicles and only after compliance with the following
requirements:
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(1) Except for single family residences and
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instances where notice is personally given to the
owner or operator of a motor vehicle that the area
in which such vehicle is parked, is reserved or is
otherwise unavailable for unauthorized vehicles , any
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property owner, lessor or any person authorized by
the property owner or lessor seeking to prohibit
{ unauthorized vehicles on his permises and to have
° unauthorized vehicles towed away, must permanently and
prominently post notice on his property, which notice
must be easily visible and readable from a passing
motor vehicle . Said notice shall provide that un-
authorized vehicles will be towed. one sign must be
prominently placed on each point of ingress to the
property from which vehicles may be towed. If the
property owner or lessor or person authorized by the
owner or lessor has a written agreement with a par-
ticular towing company, the notice must provide the
name, storage facility address and telephone number
of the towing company.
(2) Where the owner or custodian of such proper-
ty does not have a written agreement with a particular
towing company, he shall upon request, immediately
and without demanding compensation, inform the owner
or custodian of such vehicle or the authorized agent
of such owner or custodian, of the name and storage
facility location and telephone number of the person
or company that has removed such vehicle .
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(3) The wrecker and towing service owner or
employee shall furnish to the Dania Police Department,
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otherwise removing a vehicle from private property:
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a. Make, year, color, license number,
`j VIN No. and Decal No. towed.
b. The address from which such vehicle
was towed, the name of the person who ordered
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the removal of such vehicle, and the time the
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vehicle was removed.
C. The name and address of the wrecker
and towing service and the location to which
the vehicle was taken.
d. The name of the wrecker and towing
service owner or employee.
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e. The amount charged for the tow, not
to exceed the allowable charge specified in
Section 28-54 .
(b) Any wrecker or towing service or wrecker and tow-
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� ing service owner or employee required to provide the in-
formation set forth in Section 24-49 , subparagraph (3) (c) ,
shall obtain the name of the person at the City of Dania
Police Department to whom such information was reported
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and shall note such name on the trip record of such wrecker
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and towing service.
} Sec. 28-50 . Towing or removal of vehicles and storing
of same.
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Any vehicle towed from private property within the
municipal boundaries of the City, without consent of the
owner or operator of said vehicle , shall be stored at a
site within the municipal boundaries of the City. Any
wrecking and towing service shall have one year from the
date of passage of this ordinance to obtain such a lawful
site . Said vehicle shall be brought directly from the
site towed to the storage facility. Said storage facility
shall be open with an employee in attendance a minimum of
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seven (7) days a week from 11 : 00 A.M. to 11 :00 P .M. , and
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shall have on-call personnel available a minimum of seven
(7) days a week from 11 : 00 P.M. to 11 :00 A.M. Notice
must be prominently posted of such on-call service and
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1 such telephone number at said storage facility.
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Sec. 28-51 . Towing or removal of vehicles; copy of
contract to be furnished Dania Police
Department.
Each wrecking and towing service and wrecker and
towing service owner or employee towing a vehicle without
the consent of the owner or operator of the vehicle from
a site within the municipal boundaries of Dania under
contract with a property owner, lessor or person authorized
by the owner or lessor, which contract must be in writing,
must furnish the Dania Police Department with a copy of
the written contract for towing prior to towing any vehicles
pursuant to said written contract.
Sec . 28-52 . Towing or removal of vehicles; return of
vehicle owner prior to removal of ve is e.
When a vehicle is towed or otherwise removed from
private property, and should the owner or custodian of
such vehicle or the authorized agent of such owner or
custodian, return after a wrecker has arrived on the scene ,
prior to the removal of such vehicle, the wrecker and
towing service owner or employee shall release the vehicle
to such owner, custodian, or agent upon payment of a maxi-
mum of fifty percent (50%) of the allowable charges
specified in Section 28-54 .
Sec. 28-53 . Towing or removal of vehicles; release of vehicle
to owner.
When a vehicle has been towed or removed as provided in
Section 28-49 , the wrecker and towing service or wrecker
and towing service owner or employee must release such
vehicle to its owner or custodian, or to the authorized
agent of such owner or custodian, within one hour of the
initial request for the return of such vehicle by such
owner, custodian or agent. Any vehicle owner, custodian,
or agent, shall have the right to inspect said vehicle.
No release or waiver shall be required from any vehicle
owner, custodian, or agent. A receipt must be given to
the vehicle owner, custodian, or agent by the wrecker and
towing company for any money paid pursuant to said removal .
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Sec. 28-54 . Towing or removal of vehicles storage
charges.
Provided that a contract for wrecker and towing serv-
ices exists between the City of Dania and an authorized
and licensed wrecker and towing service, the charges for
the removal or towing of vehicles from private property,
as well as all storage charges , shall not exceed the
charges specified in said contract, regardless of whether
the wrecking and towing service removing or towing a
vehicle from private property, or storing the same, is
the same as the wrecker and towing service with whom the
City of Dania has contracted.
Sec. 28-55. Penalties .
A violation of Sections 28-48 through 28-54 , after
conviction by a Court of competent jurisdiction, is pun-
ishable by a fine of no more than ninety days in jail , or
A� both, at the discretion of the Court. Each instance where
a vehicle has been towed and said sections have not been
complied with shall constitute a separate violation .
ARTICLE IV. LEASE OF SPACES IN MUNICIPAL PARKING LOTS
Sec. 28-57 . Authority to designate permit parking.
The City Manager is hereby authorized to issue park-
ing permits which shall entitle the purchaser thereof to
park any motor vehicle bearing such permit in the municipal
parking lot so designated as a permit parking area for
such permit.
Sec. 28-58 . Fees, when payable.
Each of the parking permits provided for in the pre-
ceding section shall be purchased for a fee to be determined
by the City Commission which shall be payable in advance
before the first day of each succeeding month. The fees
may be paid monthly, semi-annually or annually, at the
discretion of the City Manager.
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Sec. 28-59. Application 1
(a) Application shall be made to the City Manager
on a form provided by the City. The application form
used for this purpose shall set forth the terms and con-
ditions of the parking privilege to be granted under this
article. Violations of any terms and conditions contained
in the application shall be grounds for the revocation of
the parking privilege granted under this article.
(b) Should the parking privilege granted under this
article be revoked for violation of any terms and conditions
contained in the application, any and all fees paid in
advance shall be retained by the City of Dania.
(c) The applicant, upon approval , shall be issued a
permit parking sticker which shall remain the property of
the City of Dania and which must be returned upon the
termination of a parking privilege,
ARTICLE V. TRUCK ROUTES
Sec . 28-75 . Streets for operation designated; exceptions .
Commercial vehicles having a gross vehicular weight
in excess of 10 ,000 pounds , and more than two axles or
four wheels , shall operate at all times only upon the
streets or parts of streets, designated as truck routes
by the City Manager except that such vehicles may operate
on any other street on parts of streets for the purpose
of delivering or picking up materials or merchandise, or
for the purpose of installing, servicing and maintaining
utility facilities, and then only by entering such streets
at the intersection as can be reached by traveling exclus-
ively on truck routes, regardless of whether or not such
truck routes cause the vehicle to depart from the most
direct route from its point of origin to its point of
destination; and upon completion of deliveries or services ,
such vehicle shall return to the nearest truck route by
the most direct route. I
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ARTICLE VI . STOPPING STP,NDING AND PARKING GENERALLY
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Sec, 28-86 Parking Control Device--Definition.
For the purposes of this chapter, a
P parking control
device is defined to include but not be limited to:
parking meters, pavement and signs . To the extent
practicable, these devices shall conform to commonly
recognized state or county devices used for the same
purpose in other jurisdictions . However, nothing in
this section shall invalidate any parking control device
installed at the discretion of the City Manager or the
Broward County Traffic Engineer.
Sec. 28-87 . Parking, standing or stopping prohibited--
adherence to signs.
It shall be a violation of this section for any per-
son to stop, stand or park a vehicle in a manner other
than that required by the parking control device placed
at that location under the authority of the preceding
section .
Sec. 28-88 . Authority to issue citations for non-moving
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Parking enforcement specialists are hereby authorized
to issue citations for non-moving violations of this
w.a Chapter. The City Commission shall designate those non-
moving violations for which fines shall be established
and accepted and shall further specify by suitable
schedules the amount of such fines, provided such fines
are within the limits provided by law.
Sec. 28-89 . Parking meters .
When a parking control device commonly known as a
parking meter is erected adjacent to or in front of a
particular parking space within the City, no person shall
stop, stand, or park a vehicle in that metered parking
space without depositing an appropriate U.S . coin.
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(a) Unless notice to the contrary is posted on the park-
ing meter, meters within the City shall be enforced
every day except Sundays and legal holidays . The
City Manager may restrict the maximum length of time
that any individual vehicle may remain in a particular
metered space, whether or not a coin or token is de-
posited, and notice of such restrictions shall be
posted on the meter or on a parking control device
in the vicinity of several such meters , to which such
a restriction applies .
(b) Every vehicle shall be parked wholly within the
metered parking space for which the meter shows
that the parking privilege has been granted, and
with the front end of such vehicle immediately in
front of or adjacent to the parking meter for such
space, as provided by the pavement markings .
Sec. 28-90. Violations of metered spaces .
It shall be a violation of this section to:
(a) Park a vehicle in any metered parking space without
depositing an appropriate U.S. coin in the meter
and activating the meter mechanism;
(b) Allow a vehicle to remain parked in a metered park-
ing space for a period of time longer than the maxi-
mum time allowed by a parking controlled device erected
pursuant to Sec. 28-89 (a) ;
(c) Deposit or attempt to deposit in any parking meter
anythingother than a lawful U.S, coin;
(d) To remove, deface, tamper with, open, willfully
break, destroy or damage in any way any parking
meter, or to tamper with the mechanism for timing
such parking for the purpose of prolonging such time.
Sec. 28-91 . Overtime Parking.
If any vehicle remains parked in any metered parking
space beyond the time period allowed for the deposit of
a coin, the parking meter shall display a sign indicating
expired, and in that event, such vehicle shall be con-
sidered parked overtime, and a citation may be issued.
The parking of a vehicle overtime in any part of a street
where any such meter is located , shall be a violation of
this section . A subsequent citation may be issued for
each violation of the time limits provided on the legend
of the meter . The fact that a citation has been issued
for a vehicle parked overtime shall not prevent enforcement
personnel from issuing a subsequent citation; for example,
a citation may be issued every two hours at a two hour I
time limit parking meter space for a vehicle that remains J
parked overtime.
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Sec. 28-92. Angle Parking--backing prohibited .
In spaces marked for angle parking, all vehicles
shall be parked with the front end facing into the space
Provided for parking in all public areas within the City.
The operators of vehicles are prohibited from backing any
vehicle into such angle parking spaces . No person shall
stand or park a vehicle other than at the angle to the
curb or into the roadway indicated by such signs or mark-
ings .
Sec. 28-93. Parking of commercial vehicles or buses in
residential areas; definitions.
The following words and phrases are defined the pur-
pose of Section 28-94 .
Commercial vehicle shall mean any vehicle designed
or used, or maintained primarily for the transporta-
tion of property and/or persons for hire, including
but not limited to tractors , trailers or any part
thereof; wreckers , two trucks or other vehicles
equipped is designed tot perform sa similar on, or
rfuncti mechnical ettaxicabs
or any vehicle commonly recognized as a truck or
commercial vehicle; or any vehicle whose maximum
gross weight exceeds 5,000 pounds, or contains
advertising markings in excess of three square feet
per side or per vehicle top.
Sec. 28-94 . Parking of commercial vehicles or buses in
residential al areas.
No commercial vehicle or buses shall be parked in
any residential area or district except as specified by
the terms of this section:
(a) In any residential area or district no person, firm
or corporation shall park or cause to be parked or
allow to be parked or occupied any commercial vehicle
or bus on the premises of any dwelling or on any lot
which is not a part of any dwelling, either of which
is situated in a residential area or district, or
in the streets, alleys or parkways abutting said
Property; provided however, that a commercial vehicle
with no accessory mechanical equipment and having a
maximum gross vehicle weight of 5 , 000 pounds, and
containing advertising markings not in excess of 3
square feet per side or per vehicle top, may be parked
in a garage or in the rear or side yard in any resi-
dential area or district , provided such commercial
vehicle is substantially concealed or obscured from
view from adjacent private property or public rights-
of-way by a building, screen, fence, dense shubbery,
solid hedge or other similar obstacles six feet in
height.
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{ (b) No more than one commercial vehicle as above
specifically permitted in residential areas
or districts, shall be parked or stored on
residential property, per dwelling unit,
unless such others are within a completely
enclosed roofed and walled permanent structure.
(c) All commercial vehicles parked in residential
areas as above permitted, shall have all
material contained thereon used for commercial
purposes and stored in said vehicle completely
covered, and no material which is obnoxious,
offensive, or has bad odors or dust eminating
therefrom is permitted.
Sec. 28-95. Parking of recreational vehicles in
residential areas; definitions.
i
The following words and phrases are defined for
the purpose of Section 28-95.
(a) Recreational vehicle shall mean any vehicle or
portable structure designed primarily to provide
temporary living quarters for recreation, camping
or travel use; either a vehicular structure mounted
on wheels, self-powered or designed to be pulled
by another vehilce or a structure designed to be
mounted upon and carried by another vehicle. This
definition is intended to include travel trailer,
camping trailer, camp bus or house bus and truck-
camper unit of walk-in capacity.
(b) Special purpose vehicle shall mean a vehicle
especially designed primarily for unusual terrain
and conditions and are not usually licensed for
or used on the public road, such as swamp buggies ,
stockcars, air boats, etc.
(c) Trailer shall mean a vehicular structure mounted on
wheels designed to be pulled by another vehicle.
(d) Utility trailer shall mean a trailer designed
to transport materials , goods or equipment. This
includes boat trailers .
(e) Boat shall mean any contrivance designed to be
propelled through the water, or any boat so
licensed by the State of Florida, excepting air boats.
(f) Passenger vehicle shall mean only those vehicles
designed, used or maintained primarily to transport
private passengers and are currently licensed for
travel on the public roads. This does not include
vehicles designed for mass public transportation
such as busses , nor does it include special purpose
vehicles specially designed primarily for unusual
terrain and conditions such as swamp buggies ,
track layers , etc.
Sec. 28-96. Parking of recreational vehicles
in residential areas.
No recreational vehicles , special purpose vehicle
trailer, utility trailer and/or boat shall be parked in
any residential area or district except as specified by
the terms of this section:
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(a) All recreational vehicles, boats and utility
trailers shall be parked or stored in the side
yard or rear yard where accessible by alley,
public or private road, or other legally permissible
means not requiring substantial alteration of
conditions existing prior to the effective
date of this ordinance. Said vehicle, boat or
utility trailer shall be screened from adjacent
properties by an opaque fence, wall, dense shrubbery,
solid hedge or other similar obstacles at least
six feet in height.
(b) In the event the side or rear yard is inaccessible
by alley or public or private road or other legally
permissible means not requiring substantial alteration
of conditions existing prior to the effective date of
this ordinance, then said recreational vehicle,
boat or utility trailer, not to exceed 25 feet in
length, may be parked or stored on the driveway,
not less than five (5) feet from the front property
line, perpendicular to the existing structure,
except where parked on a paved circular driveway. In
no event shall any vehicle other than a passenger
automobile be permitted to be parked in public
road right-of-way.
(c) No recreational vehicle, boat or utility trailer
exceeding 12 feet in height shall be permitted
to be parked or stored in any residential area
or district, except in a wholly enclosed garage.
(d) No special purpose vehicle shall be permitted
to be parked or stored in any residential area
or district except in a wholly enclosed garage.
(e) No more than one utility trailer, one recreational
vehicle or one boat exceeding 12 feet in length, shall w
be parked or stored on residential property,
per dwelling unit, unless such others are within a
completely enclosed roofed and walled permanent
structure.
(f) No vehicle or trailer commonly known as a "mobile
home" shall be permitted to be parked or stored in a
residential area or district. For the purposes of
this section, a mobile home is defined to be a
vehicular portable structure built on a chassis and
designed to be used and capable of being used without _
a permanent foundation as a dwelling when connected
to utilities. This definition does not include
a vehicular structure equipped for the road and
used as a temporary dwelling during travel ,
recreation or vacation.
Sec. 28-97. Restrictions on Parkin Commercial
and Recreational Vehicles in Resi-
dential Areas.
The following restrictions apply to the parking
of both commercial and residential vehicles as defined
in Sec. 28-93, Sec. 28-94 , and Sec. 28-96.
(a) All vehicles permitted herein to be parked
or stored on private property, except passenger
vehicles , must be on property occupied by a
permitted principal use and must be owned or
leased by occupants of the property or by house
guests of the occupants.
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(b) Every vehicle herein permitted, except special
purpose vehicles , and except those parked or
stored within a roofed structure or screened
from view as specified in Sec. 28-96 (a) herein,
shall have affixed thereto a currently valid
license tag and vehicle inspection sticker
registered to the vehicle.
(c) All vehicles herein permitted shall be parked
or stored with all wheels and tires mounted and
inflated and shall be maintained in a movable
condition. Said vehicle, boat or utility trailer
shall not be supported to any degree by concrete
blocks, jacks or any other means of support, except
a truck-camper unit which has its own jacks and
is a structure designed to be mounted upon and
carried by another vehicle and except for a recreational
trailer which may be supported by an attached tongue.
Any wrecked, partially dismantled or rusted-out
vehicles must be stored within a completely enclosed
building.
(d) No vehicle or structure herein permitted shall be used
as an accessory building, or for storage, or occupied
in anv manner, or connected to any utility or
electrical service, except as necessary to perform
minor and/or emergency repair to such vehicles
or structures and except for the recharge of batteries.
(e) No other provisions of Sec. 28-93, Sec. 28-94 ,
Sec. 28-95, and Sec. 28-96 , notwithstanding, only
a total of one of any of the following vehicles :
IN
Recreational vehicles; boats, with or without
attached trailer; utility trailer or a commercial
vehicle with no accessory mechanical equipment and
having a maximum gross vehicle weight of 5 , 000
pounds, and containing advertising markings not
in excess of 3 sq. ft. per side or per vehicle top,
shall be parked in the front driveway of any residence,
subject to the requirements for front driveway
parking set forth in Sec. 28-96 (b) .
Sec. 28-97 . 1. Variance
Any person owning a recreational and/or commercial
vehicle and who will be adversely affected by the
provisions of Sections 28-93 through 28-97, may apply for a
variance directly to the City Commission, upon payment of
a non-returnable fee of $15. 00. Said variance may be
granted only upon a finding that the provisions of said
sections constitute a severe, unusual and unremediable
hardship to the person so applying.
Sec. 29-98 . Same--Penalty for violation of
Sections 28-93 through 28-97 .
Any person, firm, association, institution or
corporation violating any term or provision of Sections
28-93 through 28-97 , shall upon conviction by a Court
of competent jurisdiction, be liable for a mandatory
fine of not less than fifty dollars ($50 . 00) nor more
than one hundred dollars ($100. 00) and/or by
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imprisonment not to exceed 30 days or both. Upon
conviction for a third violation within a one (1)
year period, the mandatory fine shall be not less
i
than one hundred fifty dollars ($150. 00) nor more than
five hundred dollars ($500. 00) and/or imprisonment not
to exceed 90 days or both.
i Sec. 28-99. Temporary parking.
Nothing herein is to prohibit the reasonable
parking and use of any vehicle or equipment at a loca-
tion while performing lawful and authorized work,
public or private, at the location, including:
(a) Tradesmen performing service work or making
deliveries of merchandise.
(b) Public utility service work.
(c) Temporary parking for the purpose and actual
performance of loading or unloading a vehicle
in preparation for or upon return from the
use of said vehicle; provided however that
any vehicle so parked shall be kept in the driveway
where possible.
Sec. 28-100 . Parking so as to face oncoming
traffic prohibited.
It is unlawful to park any vehicle on any
street, right-of-way, or swale area in such a manner
I
as to face oncoming, opposing traffic, whether or not
curbing is present.
Sec. 28-101. Duties of police department.
It shall be the duty of the chief of police
with such aid as may be rendered by other members of
city departments so empowered to enforce the provisions of
Sections 28-102 through 28-139 and the State vehicle
laws applicable to traffic in this municipality, to
make arrests for traffic violations , to assist in the
prosecution of persons charged with such violations,
to investigate accidents, to cooperate with other
officials of the municipality in the administration of the
traffic ordinance and in developing ways and means to
improve traffic conditions , and to carry out those
duties specially imposed by Sections 28-102 through 28-139
and the traffic ordinances of this municipality.
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Sec. 28-102 . Notice of illegally parked vehicles.
(a) Whenever any vehicle is found parked,
stopped, or standing in violation of any of the
restrictions imposed by any ordinance of this City,
or State Statute, the officer or parking enforcement
specialist finding such vehicle shall issue a parking
citation in the form to be approved by the city manager.
and shall conspicuously affix this citation to the vehicle
in violation. This citation shall notify the person
responsible for the vehicle to pay the fine indicated
on the citation within 48 hours at the place specified
on the citation, excluding Saturdays , Sundays and legal
holidays.
(b) If the fine indicated on the citation is
not paid within 48 hours , excluding Saturdays, Sundays ,
and legal holidays, an additional fine of $5. 00 may be
3 assessed for that violation to cover additional adminis-
trative costs. However, if the person cited in the
violation brings an administrative appeal pursuant to
Section 28-137 such additional fine shall not be
levied until said administrative appeal is exhausted.
Sec. 28-103. Failure to obey notice or summons.
(a) The violation of a written promise to
appear, given to an officer upon arrest or issuance of
a traffic citation for any traffic violation, shall constitute
a violation of this ordinance regardless of the
disposition of the original charge.
(b) A written promise to appear in court may
be complied with by an appearance by counsel.
Sec. 28-104 . Authority to impound vehicles generally.
Members of the police department are hereby
authorized to remove a vehicle from a street to the
nearest garage or other place of safety, or to a garage
designated or maintained by the police department, or by
this municipality, under the circumstances hereinafter
enumerated:
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(a) When any vehicle is left unattended upon
any bridge, causeway, or viaduct, or in
any subway, where such vehicle constitutes
an obstruction to traffic.
(b) When a vehicle upon a street is so disabled
as to constitute an obstruction to traffic,
or the person or persons in charge of the
vehicle are by reason of physical injury
incapacitated to such an extent as to be
unable to provide for its custody and removal.
{ (c) When a vehicle is found being operated upon
the streets and not in a condition to be safely
operated.
(d) When any vehicle is left unattended upon a street
and is so parked illegally as to constitute a
definite hazard or obstruction to the normal
movement of traffic.
(e) When any vehicle is left unattended upon a
street continuously for more than 24 hours and
may be presumed to be adandoned.
(f) When the driver of such vehicle is taken into
custody by the police department and such
vehicle would thereby be left unattended upon a
street.
(g) When the removal is necessary in the interest
A` of public safety because of fire, flood, storm,
or other emergency reason.
(h) No vehicle impounded in an authorized garage
as herein provided, shall be released therefrom
until the charges for towing such vehicle into
the garage, and storage charges have been paid.
The charge for towing or removal of any such vehicle
and storage charges shall be fixed by the City,
such charges to be based upon a computation of
all actual expenses entering into the current cost
of such services. Such charge or charges shall be
posed by public inspection in the office of the
County Clerk and in any authorized garage.
(i) When a vehicle is left in violation of a parking
control device which informs vehicle operators
that the area in which the vehicle is parked
in an official tow away zone.
Sec. 28-105. Notice of impounding.
Whenever an officer removes a vehicle from a
street as authorized in Section 28- 104 hereof , and the
officer known or is able to ascertain the name and address
of the owner thereto, such officer shall immediately give
or cause to be given notice to such owner of the fact
of such removal , and the reasons therefor , and of the
place to which such vehicle has been removed. In the
event any such vehicle is stored in an authorized garage,
a copy of such notice shall be given to the proprietor of
such garage.
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Sec. 28-106. Alley parking.
ij (a) No person shall stop, stand, or park
a vehicle within an alley in a business district
i
except for the expeditious loading and unloading
I
of materials , and in no event for a period of more than
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20 minutes, and no person shall stop, stand, or
park a vehicle in any other alley in such a manner ,
or under such conditions as to leave available less
than 10 feet of the width of the roadway for the
free movement of vehicular traffic.
(b) 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.
Sec. 28-107. Authority to remove and impound
vehicles standing in violation
of article provisions.
(a) Whenever any police officer finds a
.Its vehicle standing upon a street or alley in violation
of any of the foregoing provisions of this article,
such officer is hereby authorized to move such vehicle,
or require the drive or person in charge of the
vehicle to move the same to a position off the paved
or improved or main traveled part of the street or alley.
(b) Whenever any police officer finds a vehicle
unattended upon any street, bridge, or causeway, or
in any tunnel within this municipality where such
vehicle constitutes an obstruction to traffic, such
officer is hereby authorized to provide for the removal
of such vehicle in accordance with the provisions of
section 28-104 and section 28-105 hereof.
Sec. 28-108. A11 night parking prohibited.
No person, except physicians or ther persons on
emergency calls , shall park a vehicle on any street marked
to prohibit all night parking and giving notice thereof,
for a period of time longer than 30 minutes between the
hours of 2: 00 o' clock a.m. and 5: 00 o' clock a.m. of
any day. I
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jSec. 28-109. Parking for certain purposes prohibited.
d
No person shall park a vehicle upon any street
i
for the principal purpose of:
I
(a) Displaying such vehicle for sale.
(b) Washing, greasing, or repairing such
vehicle, except repairs necessitated
by an emergency.
(c) Displaying advertising.
i
(d) Selling merchandise from such vehicle except
in a duly established market place, or
when so authorized or licensed under the
ordinances of this municipality.
(e) Storage, or as junkage or dead storage
for more than 24 hours.
Sec. 28-110. Parking adjacent to schools.
When signs are erected giving notice thereof,
no person shall park upon either or both sides of
any street adjacent to any school.
Sec. 28-111. Parking prohibited on narrow streets.
When official signs are erected prohibiting
parking upon narrow streets, no person shall park a
vehicle upon any such street in violation of any such
i
sign.
Sec. 28-112. Standing or parking on one-way streets .
When appropriate signs are erected giving notice
thereof, no person shall stand or park a vehicle upon
the lefthand side of any one-way street in violation
of any such sign.
Sec. 28-113. Standing or parking on one-way roadways.
In the event a street includes two or more
separate roadways and traffic is restricted to one
direction upon any such roadway, no person shall stand or
park a vehicle upon the lefthand side of such one-way
roadway unless signs are erected to permit such standing
or parking.
Sec. 28-114. Stopping, standing, or parking near
hazardous or congested places.
When official signs are erected at hazardous or
congested places , no person shall stop, stand, or park a I
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vehicle in any such designated place.
a
Sec. 28-115. Standingin
passenger curb loading zone.
i
No person shall stop, stand, or Dark a vehicle for
j any purpose or period of time except for the expeditious
loading or unloading of passengers in any place marked as
a passenger curb loading zone during hours when the
regulations applicable to such passenger curb loading zone
are effective, and then only for a period not to exceed
five minutes .
Sec. 28-116. Standing in freight curb loading zone.
(a) No person shall stop, stand, or park a
vehicle for any purpose or length or time other than for
the expeditious unloading and delivery or pick-up and
loading of materials in any place marked as a freight
curb laoding zone during hours when the provisions applicable
to such zones are in affect. In no case shall the stop
for loading and unloading of materials exceed 30 minutes .
(b) The driver of a vehicle may stop temporarily
at a place marked as a freight curb loading zone for the
purpose of and while actually engaged in loading or unloading
passengers, when such stopping does not interfere
.. with any motor vehicle used for the transportation
of materials which is waiting to enter or about to enter
such zone.
Sec. 28-117. Standing in restricted parking zone.
No person shall stop, stand or park a vehicle
for any purpose or length of time in any restricted parking
zone other than for the purpose to which parking in such
zone is restricted, except that a driver of a passenger
vehicle may stop temporarily in such zone .for the purpose
of and while actually engaged in loading or unloading of
passengers when such stopping does not interfere with any
vehicle which is waiting to enter or about to enter the
i
zone for the purpose of parking in accordance with the purpose
to which parking is restricted.
Sec. 28-118. Stopping, standing or parking of
buses and taxicabs regulated.
The operator of a bus or taxicab shall not stop,
6
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astand, or park upon any street in any business district
at any place other than at a bus stop, or taxicab stand,
respectively, except that this provision shall not prevent
i
the operation of any such vehicle from temporarily stopping
j
in accordance with other stopping, standing, or parking
regulations at any place for the purpose of and while
engaged in the expeditious unloading or loading of
i
passengers.
Sec. 28-119. Restricted use of bus and taxicab stands.
No person shall stop, stand or park a vehicle
other than a bus in a bus stop, or other than a taxicab
in a taxicab stand when such stop or stand has been
officially designated and appropriately signed,
except that the driver of a passenger vehicle may
temporarily stop therein for the purpose of and while
actually engaged in expeditious loading or unloading of
passengers when such stopping does not interfere with any
bus or taxicab waiting to enter or about to enter such zone.
Sec. 28-120 . Parking prohibited at all times at
certain places.
No person shall park a vehicle at any time on
any of the following parts of streets, sidewalks , or
sidewalk areas, where signs are erected giving notice
thereof:
(a) In front of a theater entrance.
(b) In front of the entrance or exit of
a hotel.
(c) In front of the entrance to any building
where in the opinion of the city manager
parking should be prohibited for public safety.
Sec. 28-121. Unattended Motor Vehicle.
(a) It shall be a violation of this section for any
person to leave a motor vehicle unattended with the igni-
tion key in the vehicle whether or not the motor is in use.
(b) Whenever any enforcement personnel shall find
a motor vehicle standing unattended with the ignition
key in the vehicle, in violation of this section, such
enforcement personnel are authorized to remove such key
from such vehicle and to post a notice in such vehicle
stating where the key may be recovered.
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a Sec. 28-122. Parking not to obstruct traffic.
Where streets are not completely paved or curbs
provided, the parking of any motor vehicle shall not usurp
any of the traveled portion of the street.
1
Sec. 28-123. Standing or parking on sidewalk.
It shallbe a violation for any person to
stop, stand or park a motor vehicle upon any part of
j
a public sidewalk.
j
Sec. 28-124 . Parking within lines .
It shall be a violation for any vehicle to be parked
so that a portion of the vehicle extends over any of
the lines delineating the parking space for that vehicle.
Sec. 28-125. Diagonal and parallel parking.
When signs authorized by the Chief of Police
with approval of the City Manager are erected giving notice
of diagonal and parallel parking areas, it shall be a
violation for any person to stop, stand , or park a vehicle
in this area in the manner prohibited by said sign or
pavement marking.
V
Sec. 28-126. Double parking.
I
It shall be a violation of this section for any
person to stop, stand or park any motor vehicle upon the
'i
roadway side of another vehicle that is parked, stopped
or standing legally within a parking space.
Sec. 28-127. Permit parking.
When signs authorized by the Chief of Police with
approval of the City Manager are erected prohibiting
parking in a place designated by permit only, it shall
be a violation for any person to stop, stand or park
a vehicle in such designated area without a proper permit.
Sec. 28-128. Parking near fire hydrant.
It shall be a violation for any person to park
a motor vehicle within 15 feet on either side of any
fire hydrant.
Sec. 28-129. Safety zone.
When the Chief of Police with approval of the City
i
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with cross-hatched pavement markings, or otherwise,
indicating a safety zone, it shall be a violation
i
for any person to stop, stand or park any motor vehicle
in such safety zone.
Sec. 28-130. Parking in areas designated as a
fire station, fire lane, or fire
zone.
when signs authorized by the Fire Chief are
erected giving notice of a fire station, fire
zone, or a fire lane, it shall be a violation for any
person to stop, stand, or park any motor vehicle within
such zone.
Sec. 28-131. Crosswalk or intersection.
It shall be a violation for any person to stop,
stand, or park any motor vehicle within 20 feet from
either side of any crosswalk or intersection.
Sec. 28-132 . Blocking driveways.
It shall be a violation for any person to stop,
stand, or park any motor vehicle so as to block any
public or private driveway.
Sec. 28-133. Parking near a traffic control device.
It shall be a violation for any person to park
any motor vehicle within 30 feet or either side of any
traffic control device such as stop signs, yield signs
or otherwise.
Sec. 28-134. Excavation or construction zone.
It shall be a violation for any person to park
in any area designated as an excavation or construction
zone.
Sec. 28-135. Bridge or causeway.
It shall be a violation for any person to stop,
stand, or park any motor vehicle upon any bridge or
causeway.
Sec. 28-136. Handicapped parking spaces .
(a) The provisions contained in Florida Statutes
Section 316. 1954 entitled "Disabled persons, exemption from
payment of parking fees; issuance of identification
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rstickers" ; Section 316 . 1955 entitled "Parking spaces
j for certain disabled persons" , and Section 316. 1956
'i
entitled "nonpublic parking spaces for certain disabled
i
persons" are hereby adopted and incorporated by
reference into this section.
(b) Any person who parks, stops or stands a
motor vehicle in any space designated "handicapped only"
shall be in violation of this section unless the proper
permit and license plate and tag designated by said statutes
is properly and prominently displayed on such motor vehicle.
Sec. 28-137. Administrative Appeal.
Any person wishing to contest a parking citation
may appeal to the City Manager of the City as follows :
(a) For defective meters: If a person who has
received a citation for overtime parking
believes the meter for the parking space
is defective or malfunctioning, such person
shall have the opportunity to immediately:
(1) telephone the parking system division
to report such meter defect or mal-
function, or
(2) personally appear at such office to
make such report.
City personnel shall then be dispatched to
check the operation of such meter. If such
a citation is received on a Saturday, Sunday
or legal holiday, during which the office is
closed, such report must be made before 12 : 00
o'clock noon on the next business day the
office is opened.
If the meter is found to be defective or mal-
functioning, the person who received the citation
shall be notified by telephone or regular
mail of such fact by the Parking Systems Division.
The person cited shall then either personally
deliver such citation to the Division Office
or mail it to the Division Office, marked
attention "Parking Systems Administrator" , with
a brief statement on the reverse side of the
citation indicating the Division Office was
contacted on the applicable date regarding
the meter and that the meter was found to be
defective or malfunctioning. When the citation
is received by the Division Office in compliance
with this Section , the citation shall be excused.
If the meter is found to be functioning
properly, the violator will be notified by the
office, as provided above. The time limits
specified in Sec. 28-103 shall then begin to
run anew, as if the citation was just issued.
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(b) For any other parking violation: If the
1 person who received the citation believes
the citation itself is incorrect for any
reason, such person shall notify the office
as provided in the first paragraph of su.)-
section (a) above. Such person shall be given
the opportunity to state objections to the
citations within two days to the Parking
Administrator or his designee, who will then
make a decision as to the validity of the
citation within two days thereafter. If a
decision is made that the citation is valid, the
violator will be notified as provided in
subsection (a) above, and the time limits will
then begin to run anew as provided in Sec. 28 -102 (b'J .
(c) If the violator does not concur with the
decision of the Parking Administrator that the
meter was functioning properly or that the
citation is valid, then upo..i notice of such adverse
decision, such person shall request the Parking
Division to obtain a court date before one of
the judges of the Broward County Court. If no
request is made, the Parking Systems Division
shall prepare the case for forwarding to the
City Prosecutor for institution of court
proceedings.
Sec. 28-138. Fines.
a The following fines have been established for
improper parking within the city limits :
(a) Restricted Parking: Any person parked in
violations of Sections 28-90, 28-91, 28-108,
28-111 , 28-115, 28-116, 28-117, 28-119 ,
28-120 or 28-123 shall be liable for a fine
of $5600.
(b) Improper Parking: Any person found in violation
of Sections 28-92, 28-93 , 28-100, 28-124,
28-125, 28-126 or 28-127 shall be liable for
a fine of $5. 00.
(c) Prohibited Parking: Any person found in violation
Of Sections: 28-87 , 28-106 , 28-109, 28-110 , 28-112,
28-113, 28-; 22 , 28-128 or 28-129 shall be liable
for a fine of $10. 00.
(d) Hazardous Parking/Private Lands Parkin
Any person found in violation of Sections:
28-9, 28-44 , 28-114 , 28-121 , 28-130 , 28-131,
28-132, 28-133, 28-134 or 28-135 shall be
liable for a fine of $10. 00.
(e) Handicap
$15. 00. 7,one: All persons found in violation
Section 28-136 shall be liable for a fine of
Sec. 28-139. Liability for payment of parkin
ticket violations .
Under authority of Florida Statute Sec. 316. 1967,
the owner of a vehicle is responsible and liable for
payment of any parking ticket violation or Notice to
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Appear under this chapter unless the owner can furnish
evidence that the vehicle was, at the time of the parking
violation, in the care, custody, or control or another
person. In such instances, the owner of the vehicle
is required, within a reasonable time after notification
of the parking violation, to furnish to the City Manager
or his designated assistant, the name and address of the
person or company who leased, rented, or otherwise had
the care, custody, or control of the vehicle. The owner
of a vehicle is not responsible for parking ticket
violations if the vehicle involved was, at the time, stolen
or in the care, custody, or control of some person who did
not have permission of the owner to use the vehicle.
Prima facie evidence that the vehicle involved was , at the
time, stolen or in the care, custody, or control of some
person who did not have permission of the owner to use
the vehicle, shall be in the form of a report from the
appropriate law enforcement official that the said vehicle '
was not under the care, custody, or control of the owner of
the vehicle.
Sec. 28-140 . Penalty for non-payment.
(a) After adjudication of guilty by a court
of competent jurisdiction, or a written plea of guilty
to any violation in this chapter, it shall be a separate
violation for any person to fail or refuse to pay the
required fine.
(b) The penalty for a violation of this section
shall be a fine of not more than $100. 00 or imprisonment
of not more than five days , or both, at the discretion of
the court.
Section 2 . Severability. If any section, sentence,
clause or phrase of this ordinance is held to be invalid
or unconstitutional by any Court of competent jurisdiction,
then said holding shall in no way affect the validity of the
remaining portions of this ordinance.
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Section 3. Inclusion in code. It is the
intention of the City Commission that the provisions of
this ordinance shall become and be made a part of the
City of Dania Code; and that the sections of this ordinance
may be renumbered or relettered and the word "ordinance"
may be changed to "section" , "article" or such other
appropriate word or phrase in order to accomplish
such intentions.
Section 4. That all ordinances or parts of
ordinances and all resolutions or parts of resolutions
in conflict herewith be repealed to the extent of
such conflict.
Section 5. That this ordinance shall be in force
and take effect immediately upon its passage and adoption.
PASSED AND ADOPTED on First Reading on the 22kid day
of Januaay 1980.
PASSED AND ADOPTED on Second and Final Reading
on the 12th day of Febnua4U 1980.
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ATTEST: �
�Lr,RK AUDITOR
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APPROVED FOR FORM AND CORRECTIVENESS:
By: '�S C: 493kt �
FRANK C. ADLER, City Attorney
City of Dania, Florida
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