HomeMy WebLinkAboutO-2010-010 Amending Parking Citations Ordinance ORDINANCE NO. 2010-010
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 25 (ENTITLED "TRAFFIC"),
ARTICLE III (ENTITLED "PARKING, STOPPING AND STANDING") OF
THE CITY CODE OF ORDINANCES TO CREATE TWO NEW SECTIONS
TO BE ENTITLED "PARKING PROHIBITED AT CERTAIN LOCATIONS"
AND "PARKING JUNKED OR ABANDONED VEHICLES PROHIBITED",
RESPECTIVELY; CREATING A VIOLATION FOR VEHICLE OWNERS
WHOSE VEHICLES ARE STOPPED OR PARKED ON UNAPPROVED
PARKING AREAS; CREATING A VIOLATION FOR VEHICLE OWNERS
FOR PARKING A JUNKED OR ABANDONED VEHICLE WITHIN THE
CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach has determined that
parking vehicles on front yards and other unapproved parking areas and parking junked or
abandoned vehicles within the City contributes to urban blight; and
WHEREAS,the City Commission of the City of Dania Beach finds and declares that the
adoption of this Ordinance is necessary and appropriate to advance and serve the health, safety
and general welfare of the citizens of Dania Beach, Florida and will assist in the elimination of
vehicle parking on unapproved parking areas and parking junked or abandoned vehicles within
the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. The preceding "WHEREAS" clauses are ratified and incorporated into this
Ordinance as the legislative intent of this Ordinance.
Section 2. Sections 25-66 and 25-67 Chapter 25, Article III of the City Code of
Ordinances are created to read as follows:
CHAPTER 25. TRAFFIC.
ARTICLE III. PARKING, STOPPING AND STANDING
Sec. 25-66. Parking prohibited at certain locations.
(a) It shall be unlawful for any vehicle owner to park, stop, store or to permit parking,
stopping or storing of a motor vehicle, recreational vehicle, boat, trailer, or other
type of vehicle, as defined in this chapter, upon any public or private yard, grass
area, unpaved area, sidewalk, curb, unpaved portion of public right-of-way or
other unapproved parking area unless it is parked on a paved and properly
permitted driveway or parking lot that provides access to a carport or garage that
is incorporated into a main structure or that provides access to a parking area
located entirely within the side or rear yard or provides access to a business.
(b) For the purposes of this section, parking in the front yard shall not be prohibited if
the vehicle is parked for the limited purpose of loading, unloading or washing.
This exception shall apply only while the owner or operator of the motor vehicle
is actively engaged in the task, and in no event shall this exception apply for more
than three (3) hours in any given twenty-four (24) hour period.
(c) This section shall not apply to authorized emergency vehicles parked while
emergency personnel are responding to a call or otherwise rendering assistance.
Authorized emergency vehicles shall include police and fire vehicles, as well as
ambulances and hearses.
(d) Locations granted a variance for parking in the front yard or that are recognized as
having a legal existing nonconforming parking surface shall be deemed to be in
compliance with this section.
Sec. 25-67. Parking Junked or Abandoned Vehicles Prohibited.
(a) It shall be unlawful for any vehicle owner to park, stop, store or to permit parking,
stopping, or storing of a junked or abandoned vehicle as defined in Chapter 14,
Section 14-1 unless the vehicle is completely enclosed within a building or unless
it is in connection with a business enterprise which is licensed to park or store
such vehicles.
Section 3. Except as amended above, all other provisions of Chapter 25 of the Code
of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and
effect.
Section 4. All ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
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Section 5. If any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 6. This Ordinance shall take effect immediately at the time of its passage and
adoption.
PASSED on first reading on May 11,2010.
PASSED AND ADOPTED on second reading on May 25, 2010.
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s Fiasr C. K. McELYE
AT EST: ems° AYOR-COMMISSIONER
LOUISE STILSON, CMC
CITY CLERK
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APPROVED A TO RM AND CORRECTNESS:
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CITY ATTORNEY
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