HomeMy WebLinkAboutO-95-03ORDINANCE NO. 0-95-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF
ORDINANCES, RESTRICTING PARKING IN RESIDENTIAL
DISTRICTS AND ON STREET RIGHTS-OF-WAY,
PROVIDING DEFINITIONS, SETTING PENALTIES FOR
VIOLATIONS, PROVIDING METHODS FOR ENFORCEMENT,
PROVIDING FOR SEVERABILITY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida,
desires to restrict parking in residential districts and on street
rights-of-way of the City; and
WHEREAS, the City Council of the city of Sebastian, Florida,
believes that it is in the best interests of the health, safety,
and general welfare of the community to so restrict parking.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, THAT:
Section 1. The Code of ordinances, City of Sebastian,
Florida, is hereby amended by adding a section to be numbered
which shall read as follows:
Section Parking in Residential Districts and on Street
Rights-of-way
1. As used in this Section __, the term "Vehicle" means
any automobile, truck, or other vehicle designed for operation on
streets or roads, but not including:
a) Recreational vehicles as defined in §20A-5.16
b) Road tractor, semi-trailer, or heavy equipment as
defined in §20A-5.16.1
c) Motorcycles, mopeds, bicycles, lawn tractors,
golf carts, road rollers, or vehicles which run only
upon a track
2. 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.
3. No vehicle may be parked on any lot in any residential
district except in an enclosed structure, unless said vehicle is
licensed, registered, and insured.
4. No vehicle displaying a "for sale" sign may be parked on
any street right-of-way.
5. No truck or van with a rated carrying capacity of over
3/4 ton shall be parked on any street right-of-way.
6. Any vehicle parked on any street right-of-way in front of
any unimproved lot which is not removed within 48 hours after a
notice requiring removal has been posted on the vehicle by the city
will be towed at the owner's expense.
7. Any violation of this Section shall be a civil
infraction, subject to a maximum civil penalty of ($100.00), or a
civil penalty of $50.00 if the person committing the civil
infraction does not contest the citation.
Section 2. It is the intention of the City Council of the
City of Sebastian, Florida, that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida, and that the sections of this Ordinance
may be renumbered, relettered, and the word "ordinance" may be
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changed to "Section", "Article", or such other word or phrase in
order to accomplish such intention.
Section 3. All other Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. If any clause, section, or other part or
application of this Ordinance shall be held by any Court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered
as eliminated, in no way affecting the validity of the remaining
portions or applications, which shall remain in full force and
effect.
Section 5. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
PASSED BY THE CITY COUNCIL OF THE CITY .OF SEBASTIAN, FLORIDA, ON
PASSED AND ADOPTED BY THE CITY COUNCIL OF THIS CITY OF SEBASTIAN,
, 1995.
The foregoing Ordinance
Councilmember
by Councilmember
/
into a vote, the vote was as follows:
was moved for adoption by
The motion was seconded
and, upon being put
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Ray Halloran
Councilmember Louise R. Cartwright
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The Mayor thereupon declared this Ordinance duly passed and
adopted this ~~ day of ~_ , 1995.
Arthur L. Firtio-n, ~ayor
ATTEST
'(Seal)
Approved as to Form and Content:
~Clifton A. McClelland, Jr.
city Attorney