Article II. Parking, Chapter 20. Traffic And Motor Vehicles, Code of Ordinances, Lake Wales

Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)

Code of Ordinances

Chapter 20. Traffic And Motor Vehicles

Article II. Parking

§ 20-11. Parking in business districts.

Latest version.

(a) Designation of timed parking spaces. The city manager is hereby authorized and directed to designate timed parking spaces upon the public streets, highways, or roads and property owned, leased or otherwise used by the city. This designation shall include the hours of enforcement.

(b) Signs. The city manager shall direct the placement of signs designating the time limits for parking. The placement of these signs shall be considered reasonable notice for such parking limitations.

(c) Parking time limits. It shall be unlawful for any owner, operator, or person to cause or permit a vehicle to be parked within a timed parking space beyond the posted time limitation designated by the city manager. A separate notice of violation for overtime parking shall be issued for each time period during which a violation occurs in a 24-hour period. By a majority vote, the city commission shall have the right to increase or decrease the length of time designated by the city manager for particular locations within the city.

(d) Penalties.

(1) First through fourth violation in a twelve-month period. A violation of the overtime parking regulations contained in this section shall be subject to a fine in the amount of twenty-five dollars ($25.00) for the first through fourth violation in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a law enforcement or parking enforcement officer. The violation shall be subject to a fine of fifty dollars ($50.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(2) In excess of four violations in a twelve-month period. A violation of the overtime parking regulations contained in this section shall be subject to a fine in the amount of fifty dollars ($50.00) for each violation in excess of four (4) violations in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a law enforcement or parking enforcement officer. The violation shall be subject to a fine of one hundred dollars ($100.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

[(e) Reserved. ]

(f) Waiver of fine. Any fine that may be assessed in the enforcement of the provisions of this section may be waived for extraordinary or extenuating circumstances as determined by the chief of police or his or her designee. A copy of the notice of violation and a written explanation of the reason for the waiver shall be filed with the official records of the city clerk within twenty-four (24) hours after granting the waiver.

(Ord. No. 2005-21, § 1, 6-21-05)

§ 20-12. Commercial vehicle parking in residential districts.

Latest version.

(a) Prohibition. It shall be unlawful to park overnight or leave unattended during the day any commercial vehicle in a residential district of this city. This prohibition shall not include those commercial collecting or delivering persons or property in the normal course of business, any authorized emergency vehicle when operated in an official capacity, and shall also not include those commercial vehicles parking in accordance with the terms of subsection (b) below.

(b) Designated parking area. The city commission may designate a city parking lot that can be used for the overnight parking and weekend parking of commercial vehicles. The use of the designated parking lot for this purpose is confined to the following hours:

(1) From 6:00 p.m. on Friday until 7:00 a.m. the following Monday.

(2) On weeknights from 6:00 p.m. until 7:00 a.m. the following morning. The city assumes no liability for the safety of any vehicle or its contents parked under the terms of this section. No commercial vehicle shall be left unattended in the designated parking area beyond the hours set forth above.

(3) Upon application by the property owner, parking of a commercial vehicle on private property in a residential district may be approved by the board of appeals following the same public notice requirements provided in section 23-361 for approval of a special exception use. The board of appeals, after receiving a recommendation from the planning and zoning board, shall approve or disapprove the application. In considering any application for private parking of a commercial vehicle in a residential district, the board of appeals shall consider the nature of the neighborhood, duration of the parking use, and the complaints or concerns of the surrounding residents. In approving the application, the board of appeals may attach such terms as it deems necessary to address the concerns of the surrounding residents. The board of appeals may revoke any approval given under this subsection at any time upon a finding by the code enforcement board that the terms of such approval have been violated. Fees required by section 23-320 for review of a special exception use shall apply to applications for commercial parking in a residential district except that applications on file with the city clerk before February 1, 2003 shall be exempt from such fees.

(1) First through fourth violation in a twelve-month period. A violation of the commercial vehicle parking regulations contained in this section shall be subject to a fine in the amount of twenty-five dollars ($25.00) for the first through fourth violation in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a code enforcement, law enforcement or parking enforcement specialist. The violation shall be subject to a fine of fifty dollars ($50.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(2) In excess of four (4) violations in a twelve-month period. A violation of the commercial vehicle parking regulations contained in this section shall be subject to a fine in the amount of fifty dollars ($50.00) for each violation in excess of four (4) violations in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a code enforcement, law enforcement or parking enforcement specialist. The violation shall be subject to a fine of one hundred dollars ($100.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(d) Waiver of fine. Any fine that may be assessed in the enforcement of the provisions of this section may be waived for extraordinary or extenuating circumstances as determined by the chief of police or his or her designee. A copy of the notice of violation and a written explanation of the reason for the waiver shall be filed with the official records of the city clerk within twenty-four (24) hours after granting the waiver.

(e) Code enforcement. Any person being the owner, lessee, manager, custodian or person in charge of real property violating the requirements of this section shall be subject to the code enforcement procedures and penalties in accordance with Chapter 12 of this Code.

(Ord. No. 2005-21, § 1, 6-21-05)

§ 20-13. Disabled parking regulations.

Latest version.

(a) Prohibitions.

(1) It is unlawful for any person to stop, stand, or park a vehicle within, or to obstruct, any such specially designated and marked parking space provided in accordance with F.S. § 553.5041, unless the vehicle displays a disabled parking permit issued under F.S. § 316.1958 or F.S. § 320.0848 or a license plate issued under F.S. § 320.084, F.S. § 320.0842, F.S. § 320.0843, or F.S. § 320.0845 and the vehicle is transporting the person to whom the displayed permit is issued. The violation may not be dismissed for failure of the marking on the parking space to comply with F.S. § 553.5041 if the space is in general compliance and is clearly distinguishable as a designated accessible parking space for people who have disabilities. Only a warning may be issued for unlawfully parking in a space designated for persons with disabilities if there is no above-grade sign as provided in F.S. § 553.5041.

(2) Whenever a law enforcement officer, a parking enforcement specialist, or the owner or lessee of the space finds a vehicle in violation of this subsection, that officer, owner, or lessor shall have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever any vehicle is removed under this section to a storage lot, garage, or other safe parking space, the cost of the removal and parking constitutes a lien against the vehicle.

(3) A law enforcement officer or a parking enforcement specialist has the right to demand to be shown the person's disabled parking permit and driver's license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be charged with resisting an officer without violence, as provided in F.S. § 843.02.

(4) It is unlawful for any person to obstruct the path of travel to an accessible parking space, curb cut, or access aisle by standing or parking a vehicle within any such designated area. The violator is subject to the same penalties as are imposed for illegally parking in a space that is designated as an accessible parking space for persons who have disabilities.

(5) Any person who is chauffeuring a person who has a disability is allowed, without need for a disabled parking permit or a special license plate, to stand temporarily in any such parking space, for the purpose of loading or unloading the person who has a disability. A penalty may not be imposed upon the driver for such temporary standing.

(b) Penalties. If a vehicle is found to be in violation of these regulations, a law enforcement officer or parking enforcement specialist shall place a written notice of violation upon such vehicle notifying the owner, operator, or person of the violation and instructing the owner, operator, or person to pay, within thirty (30) days after the time the notice is attached to the vehicle, the mandatory fine of one hundred dollars ($100.00) to the police department in full satisfaction of the violation. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice of violation shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(c) Dismissal of fine. Any owner, operator, or person issued a notice of violation who has failed to properly display an approved and valid special license plate or parking permit may have the fine of one hundred dollars ($100.00) dismissed by presenting the approved and valid special license plate or parking permit to the police department and paying a five dollar ($5.00) administrative dismissal fee.

(Ord. No. 2005-21, § 1, 6-21-05)

§ 20-14. Parking in residential districts.

Latest version.

(a) Prohibition. It shall be unlawful to park overnight or leave unattended during the day any commercial motor vehicle, farm tractor, golf cart, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle on a public street, highway, or road in a residential district of this city that obstructs the free, convenient, and normal use of the public street, highway, or road by impeding, hindering, stifling, retarding, or endangering the safe movements of traffic or pedestrians therein. The provisions of this section shall not apply to any authorized emergency vehicle when operated in an official capacity.

(b) Penalties.

(1) First through fourth violation in a twelve-month period. A violation of the residential parking regulations contained in this section shall be subject to a fine in the amount of twenty-five dollars ($25.00) for the first through fourth violation in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a law enforcement or parking enforcement specialist. The violation shall be subject to a fine of fifty dollars ($50.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(2) In excess of four violations in a twelve-month period. A violation of the residential parking regulations contained in this section shall be subject to a fine in the amount of fifty dollars ($50.00) for each violation in excess of four (4) violations in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a law enforcement or parking enforcement specialist. The violation shall be subject to a fine of one hundred dollars ($100.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(c) Waiver of fine. Any fine that may be assessed in the enforcement of the provisions of this section may be waived for extraordinary or extenuating circumstances as determined by the chief of police or his or her designee. A copy of the notice of violation and a written explanation of the reason for the waiver shall be filed with the official records of the city clerk within twenty-four (24) hours after granting the waiver.

(Ord. No. 2005-21, § 1, 6-21-05)

§ 20-15. Additional parking regulations.

Latest version.

(a) Prohibition. Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a law enforcement officer or official traffic control device, it shall be unlawful to:

(b) Park or stop any commercial motor vehicle, farm tractor, golf cart, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle:

(1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(2) Within an intersection.

(3) On a crosswalk.

(4) Upon or under any bridge or other elevated structure.

(5) On any railroad tracks.

(6) Opposite the direction of authorized traffic movement.

(7) Against any yellow curb.

(8) At any place where official traffic control devices prohibit parking or stopping.

(1) In front of a public or private driveway.

(2) Within thirty (30) feet of a mailbox between the hours of 8:00 a.m. and 6:00 p.m.

(3) Within thirty (30) feet of a fire hydrant.

(4) Within thirty (30) feet of a crosswalk at an intersection.

(5) Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.

(6) Within thirty (30) feet of the driveway entrance to any fire station or police station.

(7) On an exclusive bicycle lane.

(8) At any place where official traffic control devices prohibit parking or stopping.

(d) Penalties. A violation of the parking regulations contained in this section shall be subject to a fine in the amount of twenty-five dollars ($25.00) if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a law enforcement or parking enforcement specialist. The violation shall be subject to a fine of fifty dollars ($50.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(e) Waiver of fine. Any fine that may be assessed in the enforcement of the provisions of this section may be waived for extraordinary or extenuating circumstances as determined by the chief of police or his or her designee. A copy of the notice of violation and a written explanation of the reason for the waiver shall be filed with the official records of the city clerk within twenty-four (24) hours after granting the waiver.

(Ord. No. 2005-21, § 1, 6-21-05)

§ 20-16. Parking in fire lanes.

Latest version.

(a) Prohibition. It shall be unlawful to park or stop any commercial motor vehicle, farm tractor, golf cart, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle in a designated fire lane. The provisions of this section shall not apply to any authorized emergency vehicle when operated in an official capacity.

(b) Penalties. A violation of the fire lane parking regulations contained in this section shall be subject to a fine in the amount of twenty-five dollars ($25.00) if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a law enforcement or parking enforcement specialist. The violation shall be subject to a fine of fifty dollars ($50.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(Ord. No. 2005-21, § 1, 6-21-05)

§ 20-17. Impoundment.

Latest version.

(a) Public streets, highways, and roads. A law enforcement officer may cause to be removed at the owner's expense any commercial motor vehicle, farm tractor, golf cart, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle parked on a public street, highway, or road if said commercial motor vehicle, farm tractor, golf cart, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle obstructs the free, convenient, and normal use of the public street, highway, or road by impeding, hindering, stifling, retarding, or endangering the safe movement of traffic or pedestrians therein.

(b) Public rights-of-way.

(1) A law enforcement officer may cause to be removed at the owner's expense, after written notice, any commercial motor vehicle, farm tractor, golf cart, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle parked or stored on the public right-of-way for a continuous period in excess of forty-eight (48) hours, in other than designated parking areas, and is within thirty (30) feet of the pavement edge.

(2) A law enforcement officer may cause to be removed at the owner's expense, after written notice, any commercial motor vehicle, farm tractor, golf cart, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle parked or stored on the public right-of-way for a continuous period in excess of ten (10) days, in other than designated parking areas, and is more than thirty (30) feet from the pavement edge. The police department shall be required to report same to the Florida Department of Highway Safety and Motor Vehicles within twenty-four (24) hours of such removal.

(c) Public parking lots and public property. A law enforcement officer may cause to be removed at the owner's expense, after written notice, any commercial motor vehicle, farm tractor, golf cart, implement of husbandry, moped, motorized scooter, motor vehicle, motorcycle, road tractor, semitrailer, special mobile equipment, trailer, truck, truck tractor, or vehicle parked or stored on property owned, leased or otherwise used by the city for public parking for a continuous period in excess of forty-eight (48) hours.

(Ord. No. 2005-21, § 1, 6-21-05)