HomeMy WebLinkAboutO-97-55ORDINANCE NO. 0-97-55
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, CREATING A NEW
SECTION TO CHAPTER 98, ARTICLE II OF THE CITY OF
SEBASTIP=N CODE OF ORDINANCES ENTITLED "DESIGNATION OF 'NO
PARKING' AREAS" PROVIDING THAT THE CITY COUNCIL MAY
ESTARLISH "NO PARKING" SONES WITHIN THE CITY OF SEBASTIAN
BY RESOLUTION; PROVIDING THAT IT IS UNLAWFUL TO PARK iN
A DESIGNATED NO PARKING ZONE; PROVIDING FOR PENALTIES;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the city Council of the City of Sebastian has
expressed concern that a number of vehicles have been parking on
the street right of ways within the City causing traffic problems
and unsafe conditions on City property; and
WHEREAS, the City Council desires to establish "no parking"
zones within the City of Sebastian, in furtherance of the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY the city Council of the
City of Sebastian, Florida, as follows:
Section 1: A new Section to Chapter 98, Article Ii of the City
,~f Sebastian Code of Ordinances is hereby created as follows:
Sec. 98-. Designation of No Parking Zones.
(A) The City Council may, by resolution, designate
site specific "no parking" zones within the boundaries
of the City of Sebastian. It shall be unlawful for any
person to park, store or leave any motor vehicle in a
designated "no parking" zone.
(B) Any vehicle parked in a "no parking" zone will be
subject to removal by the City, at the owner's
expense.
(C) 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 offense does not contest the citation.
Section 3~ If any section or part of a section of this
Ordinance is declared invalid or unconstitutional, the validity,
force and effect of any other section or part of a section of this
Ordinance shall not thereby be affected or impaired unless it
clearly appears that such other section or part of a section of
this Ordinance is wholly or necessarily dependent upon the section
or part of a section so held to be invalid or unconstitutional.
Section 4: 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 part of the Code of ordinances of the City
of Sebastian, Florida, and that the section of this Ordinance may
be renumbered, relettered, and the word "ordinance" may be changed
to "Section", "Article", or such other word or phrase in order to
accomplish such intention.
Section 5: This Ordinance shall prevail over all other
Ordinances which are in conflict with this Ordinance. If any
clause, section or other part or application of this Resolution
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 and in no way
affecting the validity of the remaining portions or applications
remaining in full force and effect.
Section 6: This ordinance shall go into effect immediately
upon its passage and adoption and authentication by the signature
of the presiding officer and the Clerk of the city Council.
The foregoing Ordinance was moved for adoption by Council
member _~_~.~ .~~ . The motion was seconded by Council
member 7~ .~ and, upon being put into a vote, the
vote was as follows:
Mayor Walter W. Barnes ~:~.~_~/
Vice-Mayor Richard J. Taracka ~.~..
Council member Louise Cartwright
Council member Larry Paul /?~.~.~_ .......
Council member Ruth Sullivan ~j
The Mayor thereupon declared this Ordinan duly passed and
adopted this /,~ day of ~/~.~¥ , 1997.
CITY OF SEBASTIAN, FLORIDA
Walter W. Barnes, Mayor
ATTEST:
." ~~.~_?iHaliOr~n, CMC/AAE
(Sea-lJ~.
Approved as to Form and Content:
Valerie F. Settles
City Attorney
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