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Home My WebLink AboutO-00-22ORDINANCE NO. 0-00-22 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 98 TRAFFIC AND VEHICLES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian has made extensive public expenditures in regrading the swale drainage system throughout the City; and WHEREAS, during times of rain, parking on the shoulder of the road and in the swales destroys the grade of the drainage system and hinders its ability to Cunction; and WHEREAS, the City Council of Sebastian is sensitive to the problems faced by some of its citizens in having inadequate parking for all the automobiles at their residence; and WHEREAS, the City Council of Sebastian has determined that it is in the best interest of the public to restrict parking within unpaved portions of the right-of-way, while providing some relief to citizens having no other reasonable means of parking available; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 98-4 of the (?ode of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 98-4. Driving onto medians, shoulders, etc. No person shall ride or drive any vehicle on the land areas that separate paved streets, roads or highways such as medians, islands or similar land areas. No person shall ride or drive any motorized vehicle on the soft shoulder of any paved street, except as is necessary to get the motorized vehicle on or off the road tO lawfully park the..., same. or during emergencies, such as accidents and breakdowns. Section 2. That section 98-31 of the (_?ode of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: As_used in this......Article~ .the following yvords and phrases shall have these meanings ~nless..~he context sh0~ll reaso~nably require an_.o[her common useage: ~h~oulder shall mean that portion of the righ_tzof-way located between the edge of~pavemen_t of a stree[..and the s.w, gle adjacent thereto. ~.__a. le shall ..~ean that_portion of...the City.drainage s~tem which is identified a~,..the areg,~extending tw~. feet to each side of the center, line running along the lowest elevated point located in,.the righl;rof-way betw.~.e~, the edg_e~ of ~avement of a streetan_d the frc~nt lot line adja.c_e~t there,9. Section 3. That the (?ode of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-33, which said section shall read as follows: Sec. 98-33. Damaeine or narkine in Swales and Shoulder nrohibited. It sha!Lbe a violation of C.i,ty Code for a vehicle to.be parked or driven in such way that it damages the Swale. Fu~her, exc_ept as provided i_n Sectiona. 98- 34 anO 98-35_.!~e!ow, it sh.~!!,.be a violation for any. motor_yehicle to park in_the Swale o.r Shou!~ter of the rig..ht-of-__way, However, ..a_..vehicle may park on the $~oulder ifo..n~ of the~following co.nditions exists: 1__ .... The m~gr vehj.91e has been removed from the paved street due t~ me~chanical f.~i[ure or is temporarily_parked due to......emergency_, situations su.ch as an accident, with a time limj!; of twenty-four (24) hour_s, 2 .... The motQ. ryehicle is ti.tied to the owner or resid.e.nt of the ...... residential 1o_[ a~djacent to the right-o_frway~ or an invited ~m~est . thereof, and_all available parking s¢aqe within the dr,iveway of said lot is occupied bv..9.~her motor vehicles. Section 4. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-34, which said section shall read as follows: Sec. 98-34. l~xcention: Commercial vehicles renderine services to Commercial vehicle_~_gtilized in rendering..~e.~i~es to residences of the City, such as lawn care trailers or mobi!~ vendors shall be allowed to park on the Sho.u.!c[er except that, . after Janua~ 1, 200.'1.,..i.~; shall be a violation for such vehicles to park on either kh_~p~.yed right-of-way or Shoulder of the follo~i.ng 1. S chuman~n_Dr.i_ve: 2. Barber Slreet: _3.. ...... Fleming Street; 4. Lacon..ka._Street: 5. Main Street; 6. George Street: 77 ...... Easv...~!reet; and 8, Indian River Drive. Section 5. That the ('..ode ~?fOrdinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-35, which said section shall read as follows: Sec. 98-35. Excention: Construction-related vehicles V_ehj_cles related t9 the construction of a structure on a lot in the ~G~i~;y shall be allowed to park withi.n..a!!_portions of the unpaved right-of-way adjacent to the lo.[ being improEed or adjoining vacant lots, subject to the_f_o__l_!9wing conditions: 1. A. sufficient gr~tc!e shall be maintained a[gr~g..tb~..right-of-wav to allo~ a reasonable flow of stormwater: or Ihe building official stiali issue.a "stop w.o_rk, order for the construction: 2. Any damage..to the Swales utilized for parking., during said construction shall b~.presumed to have been ca¢..s~d .by construction process: 3 .P. rior to issuance of a....ce_rtificate of.gccupan~7, the contractor shall restore the Swale for ~the improved, lot, and any adjacent damaged Swale, to th~..gr, ad_~ and standards established by the City Engine_e[? Section 6. That section 98-36 of the Code of Ordinances, City of Sebastian, Florida is hereby amended to read as follows: Sec. 98-36. ' ' ' ' · Parking '.'n ~o:.~A.,:~, .~:~,.:~,o ...~ street rights-of-way. (a) For purposes of this section, a vehicle shall be considered to be parked if it is stopped other than for the purpose of and while actually engaged in loading or unloading merchandise or passengers. (c-)- No vehicle displaying a "for sale" sign may be parked on any street right-of-way. (4) ~ No truck, van, or road tractor as defined in section 20A-5.'16.1 over twenty-three (23) feet in length and/or nine (9) feet in height shall be parked on any street right-of-way. (d) N.9~withstanding the.exceptions ~of Sections 98-33, ..98-34 and 98- 3_5.,. it shall be a v~,olation for. any vehicle to ggrk_...across, or ptherwise impede, crossing o~ a public ~jdewalk. Section 7. That the Code of Ordinances, City of Sebastian, Florida is hereby amended by adding a section to be numbered 98-39, which said section shall read as follows: Sec. 98-39. l~enalties and remedies (a) Any viqlati0n of this Article shall be~.a civil infractio.[~, subject to a maximum, ci,il penal.t_y .of one hundred, dollars ($100,00) per day. (b) In addition to ..t__.he fine set forth ..a.b..gye, the costs of restoring the Swale or_ Shoulder to its prop, er con. diction shall be assesse.d.against th~...~io!ator. Said assessment may be imposed be the Cgu~ if the violation i..s...gc~n,tested, orby re_solution of the Ci. Iy..Council after written notice to .the_violator if a citation is uncontested, lf,t..he violator is the owner of. the lot adja.cent to the damaged swale., any such ....~ssessment unpaid for...~ore_than thirty day.s....,shall be filed as a lio~ against said lot and sgch lien..shall be equa!._i__n_._digni[y to the lien for taxes. tic,) Ve_hicles in viola'fi, on of[hi~ Article may....additional!y be given a no, ti.ce that the vehjc!e mu~_t....he removed ..An~ vehicle parked on any. City right-of-way which i~. not remo. yed within twenty-four ...{,24) hours after a notice- requirine removal., has bee__n..posted on t.h..e....vehicle by~ the city will ..loe...towed _and stored at the_ owner's expense, Section 8. hereby repealed. Section 9. CONFLICT. All ordinances or parts of ordinances in conflict herewith are SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 10. EFFECTIVE DATE. adoption by the City Council. The foregoing Ordinance was moved for adoption ~ ,~-~,ff The motion was seconded by Councilmember ~ upon being put to a vote, the vote was as follows: This Ordinance shall take effect ten days following its by Councilmember and, Mayor Walter Barnes Vice-Mayor Ben A. Bishop Councilmember Joe Barczyk Councilmember James Hill Councilmember Edward J. Majcher, Jr. The Mayor thereupon declared this Ordinance duly passed and adopted this l lth day of October, 2000. CITY OF SEBASTIAN, FLORIDA ATTEST: Sc~yY~l~er~°' -CMC! Mayor Walter Barnes Approved as to form and legality for reliance by the City of Sebastian only: Rich ~tringe~:, C~ty ,~ttorn~