HomeMy WebLinkAboutO-2024-013 Amending Ch. 25 Traffic Relating to Vehicle Size FinesORDINANCE NO. 2024-D \ ·3
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 25, ENTITLED "TRAFFIC", AT
ARTICLE III, ENTITLED "PARKING, STOPPING AND STANDING",
DIVISION 1, ENTITLED "GENERALLY"; AT SECTION 25-48, ENTITLED"
PARKING NOT TO OBSTRUCT TRAFFIC"; SECTION 25-66, ENTITLED
"PARKING PROHIBITED AT CERTAIN LOCATIONS"; TO CLARIFY THAT
TRAILERS, MOBILE LIVING UNITS, TRUCK OVER ONE TON IN
WEIGHT, OR ANY VESSEL PARKED IMPROPERLY SHALL BE SUBJECT
TO A GREATER FINE THAN A PERSONAL VEHICLE; AND RESEEVING
SECTION 25-79, CURRENTLY ENTITLED "FINES"; PROVIDING FOR
CODIFICATION, PROVIDING FOR CODIFICATION, CONFLICTS;
SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Community Development Department (the "Department") staff has
evaluated existing parking vio lation fines /penalties and have determined that an update to the fine
schedu le shou ld be made as well as to how to assess the fine for larger vehicles as defined below;
and
WHEREAS, the City has determined that any trailer, mobile living unit (including but
not limited to a recreational vehicle), truck over one ton in weight, or vesse l parked improperly
shall be subject to a greater fine as identified in Section 2-58 of the City's Code of Ordinances,
due to the greater size, or length of same; and
WHEREAS, the proposed fine /civil penalty schedu le is reasonab le, and the City
Commission deems it to be in the best interest of the City to adopt the foregoing amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "WHEREAS" clauses are ratified and confirmed as being
hue and correct, and they are made a part of and incorporated into this Ordinance by this reference.
Section 2. That Chapter 25, entitled "Traffic", at Article III, entitled "Parking,
Stopping And Standing", at Section 25-79, entitled "Fines" to update the fine schedule; is amended
as follows:
CHAPER25
TRAFFIC
ARTICLE ID.PARKING, STOPPING AND STANDING.
* * *
DIVISION 1.-GENERALLY.
* * *
Sec. 25-48. -Parking not to obstruct traffic.
Where streets are not completely paved or curbs provided, the parking of any motor vehicle shall
not u surp any of the traveled portion of the street. Any trailer, mobile living unit (including but
not li mited to a recreational vehicle), truck over one ton in weight, or vessel parked improperly
shall be subject to a greater fine as identified in Section 2-58, of the City's Code of Ordinances,
per 24 hour period, due to the greater obstruction of the roadway due to size, or length of same.
Sec. 25-66. -Parking prohibited at certain locations.
(a) It shall be unlawful for any vehicle owner to park, stop, store or to pennit parking, stopping
or storing of a motor vehicle, mobile living unit (including but not limited to a recreational
vehicle), boat, trailer, or other type of veh icl e, as defined in th is 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. T his 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-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 recogni ze d as having a
legal existing nonconforming parking surface shall be deemed to be in compliance with this
section.
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(e) Any trailer, mobile living unit (including but not limited to a recreational vehicle). truck
over one ton in weight. or vessel parked improperly shall be subject to a greater fine as identified
in Section 2-58 of the City's Code of Ordinances. per 24 hour period, due to the greater
obstruction of the roadway due to size. or length of same.
* * *
Sec. 25-79. Reserved. Fines.
The follo·.ving fines payable to the city are established for improper parking within city limits:
(a) Restrictedp(;lrking: Any person parked or found in violation of sections 25 86(a), 25
86(0), 25 87 , 25 88, 25 45(i), 25 43 , 25 57, 25 50 , 25 123, 25 45(a) (e), or 25 63 shall
be liable for payment of a fine of thirty five dollars ($35.00).
(b) Jntproperpm·king: Any person parked or found in violation of sections 25 51, 25 120,
25 45(g), 25 47, 25 52, 25 53 or 25 54 shall be liable for payment ofa fine of thirty five
dollars ($35.00).
(o) Prohihiledpm·king: Any person parked or found in violation of sections 25 41 , 25 49,
25 44, 25 45(d), 25 45(f), 25 45(h), 25 59, 25 48 , 25 45(i) or 25 55 shall be liable for
payment of a fine of thirty five dollars ($35.00).
(d) &nm·dous pm·!dnglpriv(;lle kmds pm·king: Any person parked or found i:B violation of
sections 17 14, 25 104, 25 107, 25 121, 25 122, 25 58 , 25 64, 25 65 , 25 66, 25 67, 25
56, 25 60, 25 61, 25 45(a), (e) or 25 62 shall be liable for payment of a fine of thirty
five dollars ($35.00).
(e) Dis(;lbled f}(;lrking: All persons parked or found in violation of section 25 46 shall be
liable for payment of a fine of tv;o hundred fifty dollars ($250.00).
(f) Surch(;lrge for s chool crossing gu(;lrdprogmm: In addition to the fines provided for in
this section, a fi,;e dollar ($5.00) surcharge to provide funds for the city's school crossing
guard program shall be added to each fine imposed for each parking violation, as
authoriied by state law.
(g) Genernl pen(;l/ty: In this chapter, where no specific penalty is provided, and an act is
prohibited or declared to be unlawful or identified as an offense, or whenever in this
chapter the doing of an act is required or the failure to do an act is declared to be
unlawful, the violator of any applicable provision shall be liable for payment of a fine of
thirty five dollars ($35.00).
* * *
Section 3. That if any section, clause, sentence, or phrase of thi s 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.
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Section 4. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed .
Section 5. That it is the intention of the Mayor and City Commission of the City
of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall become
and be made a part of the Code of the City of Dania Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. That this Ordinance shall be effective IO days after passage.
PASSED on first reading 011 fv{a r ch 12...... , 2024.
PASSED AND ADOPTED on second reading on Marc)'] 2 (Q , 2024.
Motion by CLJrnm \.l:l mt-S , second by V,r-e 1/CLl fY {tllfl(/lf).
FINAL VOTE ON ADOPTION: Unanimous /
Yes No
Commissioner Joyce L. Davis
Commiss ioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewell en
Mayor Archibald J. Ryan IV
ATTEST:
ELOn.I-."-1,._'-',,~,...._"'"
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS :
E~SIS
CI ATTORNEY
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