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Ordinance 76-49[/3 ORDINANCE NO. 76- 49 AN ORDINANCE RESTRICTING T~E PARKING OF VE}{ICLES IN CERTAIN AR/~.AS OF COLLIER COU%~TY; REQUIRING. PERMITS FOR RESTRICTED PARKING~ PROVIDING FOR. THE PLACEMENT OF OFFICIAL RESTRICTED PARKING SIGNS; PROVIDING FOR A PERMITTING PROCEDURE; PROVIDING FOR THE DURATION OF PEP~dITS~ PROVI- DING FOR FEES; PROVIDING A METHOD OF PAYING THE PRESCRIBED FEES; PROVIDING A PE:;ALTY FOR FAILURE TO PAY THE PRESCRIBED FEES; PROVIDING FOR CONFLICT, SEVERA~CE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONE~OF ~ COLLIER COUNTY, FLORIDA ~ m '11 SECTION ONE: Purpose. The purpose of this Ordinance is threefold~ ~ 1. To reduce the possibility of injuries to priv~pr~ perry and members of the public; 2. To prevent injury to public property such as county roads and county drainage systems; 3. To protect vegetation growing seaward of the coastal construction setback line which helps to prevent erosion of Collier County's precious beaches. SECTION TWO: Definitions. 1. Business Center~ Any shopping, commercial, mercantile, industrial, or other building or complex which maintains a parking lot adjacent to the establishment capable of holding twenty-five (25) or more cars. 2. Disabled Person: Any person who has suffered the ampu- tation of one or both legs or who has suffered the loss of the use of one or both legs as a consequence of paralysis or other permanent disability and who is licensed to operate a motor vehicle in this State. 3. Fire Lane: A twelve-foot'wide strip of pavement immediately adjacent to the buildings of a business center to- gether with a twelve-foot wide strip of pavement providing ingress and egress from public roads to the buildings of a business center. 4. Owner: A person who holds the legal title of a vehicle, or, in the event of 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 a immediate right of possession vested in the conditional 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 Ordinance. 5. Owner's Agent~ Anyone operating a motor vehicle in Collier County with the permission of the ovmer shall be deemed the Owner's Agent for the purpose of applying for a restricted parking permit under this Ordinance. 6. Park or Parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily ~or the purpose of and while actually engaged in loading or unloading merchandise or passengers. 8. Restricted Parking.Area: Any area of Collier~un~ .~ ~ designated under SECTION THREE of this Ordinance for ~h ~=: ~ parking permit is' required. ~ ~ 9. 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 passen- gers. 10. Stop or Stopping: Any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other t~affic or to comply with the direc- tions of a law enforcement officer or traffic control sign or signal. 11. Vehicle: Any device, in, upon, or by which any person or property is or may be transported or dra~n upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. 12. Safety Zone: The areas or space officially set apart within a roadway for the exclusive use of pedestrians and protected or ~o marked by adequate signs or authorized 0 0 0 pavement markings as to be p~ainly visible. 13. Drainage Swale: A long, shallow cut in the earth with rounded shoulders, being situated adjacent to a public roadway, for the purpose of carrying away accumulated rainwater. SECTION THREE: Permits Required. Except when necessary to avoi~ conflict with other traffic, or in compliance with law where the directions of a police officer or official traffic control device, permits shall be On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; required to stop, stand, or park a vehicle (13) (14) (15) (16) (17) (2) On a sidewalk; (3) Within an intersection; (4) On a crosswalk; (5) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Division of Road Operations of the Department of Transportation indicates a different length by signs or markings; (6) Alongside or opposite any street, excavation or obstruction when ~topping, standing, or parking would obstruct traffic, or create a safety hazard. (7) Upon any bridge or other'elevated structure; upon a highway or within a highway tunnel; (8) In front of a public or private driveway; (9} Within 15 foet of a fire hydrant; (i0) Within 20 feet of e crosswalk at an inter- section; (11) Within 30 feet of the approach to any flash- ing signal, stop sign or traffic control signal located at the side of a roadway; (12) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when pro- perty signposted); At any place where official signs prohibit standing, stopping, or parking; ~ithin 50 feet of the nearest rail of a railroad crossing; *~ithin any fire lane; Upon any drainage swale;_ Seaward of the coastal construction sqtback line~ (18) On a bicycle path; SECTION FOUR: Placing Official Signs. In a manner consistent with this Ordinance, the Board of County Commissioners shall, by resolution, designate certain areas of the County as being areas in which parking, standing, or stopping is to be restricted..After a resolu- tion to that effect has been passed, official signs shall be erected in the designated areas. SECTION FIVE: Parking Permit Applications. The owner of a vehicle or the owner's agent may make application to park in any restricted parking area designated under SECTION THREE of this Ordinance only by placing his vehicle in the chosen restricted parking area. Thereupon, any permitting officer of Collier County may accept the appli- cation by completing the permit form and conspicuously affixing a duplicate of the permit to the vehicle. Permit forms shall conform substantially to the following~ DATE: TIME: VE. HICLE REGISTRATION NO. LOCATION: TYPE OF RESTRICTED PARKING~ FEEt $5.00 Having placed your vehicle in a restricted parking area, you are hereby assessed the above indicated parking fee. This fee must be paid within l0 days of the above indicated date. Failure to pay within the prescribed time period is a violation of Collier County Ordinance 76-49__ and is punishable as a mis- demeanor. PERMITTING OFFICER An envelope shall be affixed to a copy of the permit to assist the permittee in paying the prescribed fee. SECTION SIX: Warning Letter. If the owner or the owner's agent fails to pay the permit fee within the prescribed time period, the Traffic Violation's Bureau shall dispatch a letter (certified, return receipt) to the vehicle owner warning him that, if he fails to pay the permit fee within 15 days of the date of issuance of the permit, a record of his failuro to pay, in violation of County Ordinance 76- ., will be forwarded to the State Attorney's Office for prosecution as a misdemeanor. The letter shall be in substantially the following form: Your vehicle was parked in a restricted parking area on 19__. Under Collier County Ordnance , t s yo~uty to see that the pre- scribed parkl~--fee be paid. The parking fee you have incurred is $ 5.00 If you should fail to make full payment o-~-~-~'within ten days from receipt of this notice you will be in violation of a Collier County Ordinance. Under the Statutes of the State of Florida, a violation of a County Ordinance is a misdemeanor punishable by up to 60 days in the County jail and/or a $500.00 fine. TRAFFIC VIOLATION'S BUREAU COLLIER COUNTY, FLORIDA SECTION SEVEN~ Prima Facie Evidence of Intent and Notice. 1. Intent= In any prosecution or action under this Ordinance, the failure to pay the prescribed parking fee within ten days from receipt of notice shall be prima facie evidence of intent to wilfully refuse to pay the prescribed fee. 2. Notice: Notice mailed by certified mail, evidenced by return receipt, to the address printed on the vehicle regis~ certificate shall be deemed sufficient and equivalent to having been received by the owner of that vehicle, notice shall be returned undelivered or not. SECTION EIGHT: Permit Duration. Permits shall be for two-hour periods. Applications for .4 renewal shall be made by allowing the previously permitted vehicle to remain in the restricted parking area after the initial two-hour period has elapsed. Upon determining that an application for renewal has been made, the permitting officer shall issue a new permit under procedure prescribed in SECTION FIVE. whethe~uch~ ~ SECTION NINE= Exemption. No disabled person who is the lawful owner of a vehicle shall be subject to paying a fee for restricted parking under this Ordinance. SECTION TEN: Amount of Fees. The rate charged for permits under SECTION THREE shall be $5.00. SECTION ELEVEN: Payment of Fees. Parking permit fees shall be paid to the Clerk of the Circuit Court - Traffic Violations Bureau. Payments may be made in person or by mail. If made by mail, the postmark on the envelope shall determine whether or not the payment was made within the pre- scribed time period. SECTION TWELVE: Failure to pay permit fees. It shall be unlawful for the owner of a vehicle for which a restricted parking permit has been issued, to wilfully fail to pay the prescribed fee within ten (10} days from the date~ ~; receipt of notice of the issuance of the perm/t. ':~'~;~ SECTION T}~IRTEEN: Disposition of fees. ~ ~ ~ The first $2.00 for each parking permit fee shall~pa~ll~',__~ to the Clerk of the Circuit Court in order to defray the eXPOse of administering this Ordinance. The remainder of the fee for each parking permit shall be made payable to the General Fund of Collier County but earmarked for the construction and main- tenance of roads, parking areas, and public transportation facilities. In addition, restricted parking permit fee revenues may be used to match Federal funds for planning, design, con- struction of streets, highway signalization, and .lighting. SECTION FOURTEEN: Conflict and Severance. In the event this Ordinance conflicts with any other appli- cable law, the more restrictive shall apply. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional, such portion shall be deemed a separate, dis- tinct and independent provision and shall no~ affect the validity of the remaining portion thereof. SECTION FIFTEEN: Effective Date. This Ordinance shall become effective upon becomih~ law. This Ordinance has been filed with the Secretary of State. Dated: November 2, 1976 BOARD OF COUNTY COMMISSIONERS A COLLIER COUNTY, FLORIDA This ordinance filed with the Secretary of State's °ffice the 8th day of November, 1976 and acknowledg~ent~ of that filing received this 12th day of November, 1976.