General Provisions

7-3-1 Vehicle regulations effecting stopping, standing or parking in city

7-3 -2 Notice of illegally parked vehicle

7-3-3 Liability for payment of parking ticket violations

7-3-4 Presumption in reference to illegal parking, operating, stopping and the like

7-3-5 Disposition of penalties; suspension

Impoundment

7-3-15 Authority to impound vehicles

7-3-16 Notice of impounding

7-3-17 Reporting of unclaimed motor vehicles

7-3-99 Penalty

Statutory reference: Power oflocal authorities to regulate parking, stopping and standing, see F.s. §§ 316.002 and

316.008

GENERAL PROVISIONS

§ 7-3-1 VEHICLE REGULATIONS EFFECTING STOPPING, STANDING OR PARKING IN CITY.

(A)

Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:

(1) Stop, stand or park a vehicle:

(a)

On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(b)

On a sidewalk;

(c)

Within an intersection;

(d)

On a crosswalk;

(e)

Between a safety zone and the adjacent curb or within 30 feet of point 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;

(f)

Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;

(g)

Upon any bridge or other elevated structure upon a highway or within a highway tunnel;

(h)

On any railroad tracks;

(i)

At any place where official signs prohibit stopping.

CD On an unpaved surface in a residentially zoned area of the city in accordance with § 14-2-78(E).

(2)

Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

(a)

In front of a public or private driveway;

(b)

Within 15 feet of a fire hydrant;

(c)

Within 20 feet of a crosswalk at an intersection;

(d)

Within 30 feet upon the approach to any flashing signal, stop sign or traffic-control signal located at the side of a roadway;

(e)

Within 20 feet ofthe driveway entrance to any fire station and on the side ofa street opposite the entrance to any fire station within 75 feet of said entrance (when property signposted);

(f) At any place where official signs prohibit standing.

(3)

Park a vehicle whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:

(a)

Within 50 feet of the nearest rail ofa railroad crossing;

(b)

At any place where official signs prohibit parking.

(4)

Park overtime in violation of sign specifying time limit for parking. Vehicle, occupied or unoccupied, remaining longer than time posted on signs.

(5)

Park, store or display heavy commercial vehicles or construction equipment (as defined in § 14-2-240) in violation of § 14-2-65(D)(2).

(6)

Park, store or display a commercial vehicle (as defined in § 14-2-240) over 8,000 pounds gross vehicle weight in a residentially zoned area of the city. Exemptions are emergency vehicles owned by governmental or railroad entities and tow trucks used by operators on the approved Kissimmee Police and Fire Departments' rotation lists as specified in § 14-2-77(C).

(B)

No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.

(C)

This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main-traveled portion of a street or highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position, or to passenger-carrying buses temporarily parked while loading or discharging passengers, where street or highway conditions render such parking off the paved portion of the highway hazardous or impractical.

8/2712015

('76 Code, § 28-16) (Ord. 1033, passed 4-1-80; Am. Ord. 2521, passed 8-10-04) Penalty, see §

7-3-99

§ 7-3-2 NOTICE OF ILLEGALLY PARKED VEHICLE.

Whenever any motor vehicle without driver is found parked, stopped or standing, in violation of any of the restrictions imposed by any ordinance of this city, the officer finding such vehicle shall take its registration number, and may take any other information displayed on the vehicle which may identifY its were, and shall conspicuously affix to such a vehicle a traffic citation or notice in writing, on a form provided by the chief administrative officer of the police department, such notice in writing to be in duplicate form and approved by the court judge of the county, for the driver to answer the charge against him within 48 hours, during the hours and at a place specified in the notice.

('76 Code, § 28-17) (Ord. 1033, passed 4-1-80)

§ 7-3-3 LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS.

(A)

Any person issued a city parking ticket by a parking enforcement specialist or officer shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. In the event that payment is not received, or a response to the ticket is not made within the time period specified thereon, the county court, or its traffic violations bureau, shall notify the registered owner of the vehicle which was cited, by certified mail, ofthe ticket. Upon receipt of the notification, the registered owner shall comply with the court's directive.

(B)

Any person who fails to satisfy the court's directive and any person who elects to appear before a designated official to present evidence shall be deemed to have waived his right to the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a fine not to exceed $100 plus court costs.

(C)

The clerk of the court for the county shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department listing persons who have three or more outstanding parking violations.

('76 Code, § 28-18) (Ord. 1084, passed 11-18-80; Am. Ord. 1868, passed 12-8-92) Penalty, see

§ 7-3-99

§ 7-3-4 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING, OPERATING, STOPPING, AND THE LIKE.

(A)

In any prosecution charging a violation of any ordinance governing the stopping, standing, parking or operating of a vehicle, proof that the particular vehicle described in the complaint was parked or operated in violation of any such ordinance or regulation, together with proof that the defendant named in the complaint was at that time of such parking or operating the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who stopped, stood, parked or operated such vehicle at the point where, and for the time during which, such violation occurred.

(B)

The foregoing stated presumption shall apply only when the procedure as prescribed in this division has been followed.

('76 Code, § 28-19) (Ord. 1033, passed 4-1-80)

§ 7-3-5 DISPOSITION OF PENAL TIES; SUSPENSION.

(A)

All penalties collected upon a finding of violation of this chapter shall be paid into the city treasury and deposited in the general fund.

(B)

The county court magistrates are hereby authorized to suspend the payment of any costs, or penalty, and to remit any costs and penalties for any violation of any provision of this chapter. The alleged offenders may request hearings before payment of penalties.

('76 Code, § 28-21) (Ord. 1033, passed 4-1-80)

IMPOUNDMENT

§ 7-3-15 AUTHORITY TO IMPOUND VEHICLES.

(A)

Members of the Police Department are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or by this city, under the circumstances hereinafter enumerated:

(1)

When any vehicle is left unattended upon any bridge, causeway or viaduct where such vehicle constitutes an obstruction to traffic.

(2)

When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal.

(3) When a vehicle is found being operated upon the streets and is not in proper condition.

(4)

When any vehicle is left unattended upon a street and is so parked illegally as to constitute a detinite hazard or obstruction to the normal movement of traffic.

(5)

When any vehicle is left unattended upon a street continuously for more than 48 hours and may be presumed to be abandoned.

(6)

When the driver of such vehicle is taken into custody by the Police Department and such vehicle would thereby be left unattended upon a street (unless requested by the authorized driver to leave legally parked).

(7)

When removal is necessary in the interest ofpublic safety because of fire, flood, storn1 or other emergency reason.

(B)

No vehicle impounded in an authorized garage as herein provided shall be released therefrom until the charges for towing such vehicle into the garage and storage charges have been paid.

('76 Code, § 28-22) (Ord. 1033, passed 4-1-80)

§ 7-3-16 NOTICE OF IMPOUNDING.

Whenever an officer removes a vehicle from a street as authorized in this division and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner ofthe fact of such removal, and the reasons therefor, and of the place to which such vehicle had been removed. In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage.

('76 Code, § 28-23) (Ord. 1033, passed 4-1-80)

§ 7-3-17 REPORTING OF UNCLAIMED MOTOR VEHICLES.

(A)

The person in charge of any garage or repair shop, or automotive service, storage or parking place, shall report in writing to the city Police Department, or the nearest police department where the establishment is located outside of an incorporated municipality, and the sheriffs department, and the nearest state highway patrol office on a form prescribed, prepared in triplicate and furnished by the Department of Highway Safety and Motor Vehicles, any motor vehicle involuntarily brought in or left unclaimed in his place of business for more than two weeks from date of storage when he does not of his own knowledge know the name of the owner or the reason for such storage, even though an officer may have authorized the vehicle to be pulled in and stored.

(B) Nothing herein contained shall apply toany licensed public lodging establishment.

(C)

Failure to comply with division (A) shall preclude the imposition of any storage and repair charges against such vehicle after two weeks from the date of storage.

(,76 Code, § 28-24) (Ord. 1033, passed 4-1-80)

Statutory reference:

Reporting ofunclaimed motor vehicles, see F.s. § 715.05