0606 Traffic Control ORDINANCE NO. 606
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
PROVIDING FOR THE REPEAL OF SECTIONS 11 -10, 11 -11, 11-
12, 11 -18, 11 -19, 11 -36, 11 -37, 13 -1, 13 -2 AND 17 -1
THROUGH 17 -5 INCLUSIVE, OF THE CODE OF ORDINANCES OF
THE CITY OF OKEECHOBEE, FLORIDA, AND DECLARING SAME TO
BE NULL AND VOID AND OF NO EFFECT; PROVIDING A NEW
CHAPTER SEVENTEEN RELATING TO TRAFFIC; PROVIDING FOR
RULES AND REGULATIONS IN GENERAL; PROVIDING FOR
PARKING, STOPPING AND STANDING; PROVIDING FOR
RECREATIONAL VEHICLES; PROVIDING FOR OFF -ROAD VEHICLES,
PROVIDING FOR ABANDONED, UNATTENDED VEHICLES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR FINES, PENALTIES AND
PROCEDURES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the city council, for the protection of the safety of
the citizens of Okeechobee, feels control should be
exercised and rules and regulations established for the
safe movement of traffic within the municipal limits of
the City of Okeechobee.
NOW, THEREFORE, BE IT ORDAINED by the city council of the City of
Okeechobee, Florida, as follows:
SECTION ONE: Sections 11 -10, 11 -11, 11 -12, 11 -18, 11 -19, 11 -36,
11 -37, 13 -1, 13 -2, and 17 -1 through 17 -5
inclusive, of the Code of Ordinances of the City
of Okeechobee, Florida, is hereby repealed and
declared null and void and of no effect.
SECTION TWO: Chapter Severreen of the Code of Ordinances of the
City of Oke _..;ihobee, Florida, hereby reads as
follows:
ARTICLE I. IN GENERAL
Sec. 17.1. Definitions.
(As used in this chapter:)
1. "COMMERCIAL VEHICLE" shall mean every vehicle designed,
used or maintained primarily for the transportation of
property, with a gross vehicle weight of ten thousand
(10,000) pounds or more. It shall also mean any bus with a
gross vehicle weight in excess of ten thousand (10,000)
pounds.
2. "INDUSTRIAL EQUIPMENT" shall mean farm tractors,
implements, bulldozers, draglines, cranes, derricks, heavy
earthmoving equipment normally used in farming excavation
and /or heavy construction activities.
3. "SEMITRAILER" shall mean a semitrailer which is used or
designed primarily for carrying commercial loads.
4. "MUNICIPAL STREETS" shall mean all dedicated rights -of-
way within the city limits of the City of Okeechobee, except
state highways or connecting links or extensions thereof,
and county maintained roads.
5. "CHIEF OF POLICE" shall mean the chief of the City of
Okeechobee Police Department.
6. "RECREATIONAL VEHICLE" shall mean every licensed
vehicle and conveyance designed, used or maintained
primarily as a travel trailer, motor home, camper, boat and
boat trailer, or other similar use.
7. "OFF -ROAD" vehicle shall mean all motorcycles, motor
bikes, dune buggies, motor scooters, mini- bikes, dirt bikes,
jeeps or other forms of off highway motor vehicles.
Sec. 17.2. Authority of chief of police.
The chief of police and designated representatives are
hereby given authority to issue notices of violation for
violations of this chapter.
Sec.17 -3. Florida Uniform Traffic Control Law.
(a) Adopted. The Florida Uniform Traffic Control Law,
Chapter 316 Florida Statutes (1988) and as hereafter amended, is
hereby adopted by reference as the Traffic Control Law, to the
same extent as if the same were set out fully herein.
(b) Penalty for violations. Any person violating any of the
provisions of the Florida Uniform Traffic Control Law, as herein
adopted, shall, upon conviction, be punished as set out in
Chapter 316.655, Florida Statutes (1988) as hereafter amended.
Sec. 17.4. Signs and devices adopted.
All signs erected upon the public streets of the city by the
city designating one -way streets, stop streets, school zones,
speed limits upon designated streets, through streets, parking
limitations, limitations as to operation of commercial vehicles,
farm tractors, trucks and trailers upon certain streets, or
other regulations as adopted by the city council shall have the
force and effect as though the requirements and directions
thereof were set forth herein in full.
Sec. 17.5. Procedure for establishment of speed zones.
(a) The chief ob police, in accordance with the
procedures set forth herein, may determine and declare a
reasonable and safe speed limit on any municipal street or
portion thereof, which shall be effective at all times during
hours of daylight or da;,ness, or such other times as may be
determined, as the appropriate signs giving notice thereof are
erected. The procedure for establishing such speed zones shall
be as follows:
(1) Prior to establishing a new speed zone or changing an
existing speed zone, the chief of police shall conduct
an investigation to determine if such a change is
reasonable and in conformity with the criteria
promulgated by the Florida Department of
Transportation.
(2) Prior to posting signs establishing a new speed zone or
changing an existing speed zone, the chief of police
shall present to the city council of the city his
proposal concerning said speed zones and obtain the
council's approval of said proposal.
(b) The speed limit in residential districts shall be
twenty -five (25) miler per hour.
Sec. 17.6. Mooring boats to bridges.
It shall be unlawful for any person to hitch, fasten or tie
any boat or other vessel to any bridge or to any bridge support.
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Sec. 17.7. Motorboats causing harmful wake.
11 It shall be unlawful to operate a motorboat on Taylor Creek
or any other waterway within the city at such a speed or in such
a manner as to cause a wake which damages property abutting such
waterway or endangers the safety of another.
Sec. 17.8. Parking in areas designated "No Parking
It shall be unlaw ul to park a vehicle in any place
designated a "No Parking" area by the city or state.
Sec. 17.9. Engine exhaust.
It shall be unlawful to discharge into the open air the
exhaust of any steam engine, turbine or internal combustion
engine of any kind, whether on a motor vehicle, or any machine of
any kind, except through a muffler or other device which will
effectively prevent excessive and unnecessary loud or explosive
noise therefrom.
Sec. 17.10. Vehicle defect or condition of load.
It shall be unlawful for any person to operate a motor
vehicle or motor propelled boat so out of repair, or defective,
or under any condition of load, acceleration or deceleration, as
to create excessive and unnecessary loud or explosive noises.
Secs. 17.11- 17.19. Reserved.
ARTICLE II. PARKING, STOPPING AND STANDING
Sec. 17.20. Blocking or obstructing.
It shall be unlawful to block or obstruct the streets,
alleys, or sidewalks of the city with boxes, barrels,
merchandise, building material or other obstructions, except as
permitted by the building code.
Sec. 17.21. Trains blocking_ crossings.
It shall be unlawful for any railroad company, or the
engineer, conductor or other person in charge of any railroad
train, to cause or permit any street crossing in the city to be
blocked or closed to street traffic for more than five (5)
consecutive minutes. This section shall not apply to a train
blocking a crossing if its crew is in direct communication with
the fire or police department at all times during such blocking,
nor shall it prohibit the blocking of a crossing for the purpose
of and while actually engaged in the improvement or maintenance
of such crossing.
Sec. 17.22. Stopping, standing or parking in specified places.
(a) No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in
compliance with the direction of a police officer or traffic
control device, in or on any of the following places:
(1) Any private alley, drive, driveway, parking area or
mow other privately owned property without the consent of
the owner of the property or person in charge thereof
whether such property is used exclusively by the owner
or for the use and convenience of customers or guests;
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(2) Other than on the right -hand side of any two -way
street;
10 (3) On the roadway side of any vehicle stopped or parked at
the edge or curb of a street;
(4) On a sidewalk;
(5) Within an intersection, or within twenty -five (25) feet
of any part of said intersection;
(6) On a crosswalk;
(7) Between a safety zone and the adjacent curb or within
thirty (30) feet of points on the curb immediately
opposite the ends of a safety zone, unless the division
of road operations of the department of transportation
indicates a definite length by signs or markings;
(8) Alongside or opposite any street excavation or
obstruction when stopping, standing or parking would
obstruct traffic;
(9) Upon any bridge or other elevated structure upon a
highway or within a highway tunnel;
(10) On any railroad tracks;
(11) At any place where official signs prohibit stopping or
parking;
(12) Where an area is marked for parking spaces, vehicles
parked in that area shall only be parked within the
lines delineating a parking space. No vehicle shall
extend over any lines marked for parking;
(13) Alongside any curb which as been painted red or yellow.
(b) No person shall move a vehicle not owned by, or in
charge of, such person into any such prohibited area or away from
a curb such distance as is nlawful.
(c) No person shall stop, stand or park a vehicle within
any area designated as a zone for emergency vehicles or fire
lanes.
(d) No person shall stand or park a vehicle, whether
occupied or not, except momentarily to pick up or discharge a
passenger or passengers:
(1) In front of a public or private driveway;
(2) Within fifteen (15) feet of a fire hydrant;
(3) Within twenty (20) feet of a crosswalk at an
intersection;
(4) Within thirty (30) feet upon the approach to any
flashing signal, stop sign or traffic control signal
located at the side of a roadway;
(5) Within twenty (20) feet of the driveway entrance to any
fire station and on the side of a street opposite the
entrance to any fire station within seventy -five (75)
feet of said entrance (when property signposted); or
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low (6) At any place where official signs prohibit standing.
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Sec. 17.23. Unattended motor vehicles.
(a) No person shall leave a motor vehicle unattended with
the ignition key in the vehicle.' Enforcement personnel finding
such a motor vehicle are authorized to remove such key from such
vehicle and to post a notice in such vehicle stating where the
key may be recovered.
(b) The registered owner of a vehicle found in violation of
this section shall be held prima facie responsible for any such
violation.
Sec. 17.24. Stopping, standing or parking in alleys.
(a) No person shall stop, stand or park a vehicle within an
alley in a business district, except for the expeditious loading
or unloading of materials, and in no event for a period of more
than twenty (20) minutes, and no person shall stop, stand or park
a vehicle in any other alley in such a manner, or under such
conditions as to leave available less than the (10) feet of the
width of the roadway for the free movement of vehicular traffic.
(b) No person shall stop, stand or park a vehicle within an
alley in such position as to block the driveway or entrance to
any abutting property.
Sec. 17.25. Standing or parking on passenger curb loading zones.
No person shall stop, stand or park a vehicle for any
purpose or period of time except for the expeditious loading or
unloading of passengers in any place marked as a passenger curb
loading zone during hours when the regulations applicable to such
passenger curb loading zone are effective, and then only for a
period not to exceed five (5) minutes.
Sec. 17.26. Standing in freight curb loading zone.
(a) No person shall stop, stand or park a vehicle for any
purpose or length of time other than for the expeditious
unloading and delivery or pickup and loading of materials in any
place marked as a freight curb loading zone during hours when the
provisions applicable to such zones are in effect. In no case.
shall the stop for loading and unloading of materials exceed
thirty (30) minutes.
(b) The driver of a ti,hicle may stop temporarily at a place
marked as a freight curb loading zone for the purpose of, and
while actually engaged in, loading or unloading passengers when
such stopping does not interfere with any motor vehicle used for
the transportation of materials which is waiting to enter or
about to enter such zone.
Sec. 17.27. Restricted parking zone.
(a) No person shall stop stand or park a vehicle for any
purpose or length of time -n any restricted parking zone other
than for the purpose to which parking in such zone is restricted
except that a driver of a passenger vehicle may stop temporarily
in such zone for the purpose of and while actually engaged in
loading or unloading of passengers when such stopping does not
interfere with any vehicle that is waiting to enter or about to
enter the zone for the purpose of parking in accordance with the
purpose to which parking is restricted.
(b) When official signs are erected, or notices are
otherwise displayed, designating a parking zone, area or space
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for restricting parking for authorized vehicles only, no person
shall park an unauthorized vehicle in violation of such displayed
notices or erected signs. By the word "authorized," it is meant
the vehicle is of the class or type given authorization by the
chief of police or that it bears a decal or other emblem
authorized by the chief of police.
(c) Vehicles parked in violation of this section shall be
subject to removal at the owner's expense, when removal of said
vehicle is authorized by a law enforcement officer.
Sec. 17.28. Stopping, standing or parking of buses and taxicabs
regulated.
The operator of a bus or taxicab shall not stop, stand or
park upon any street in any business district in any place other
than at a bus stop or taxicab stand, respectively, except that
this provision shall not prevent the operator of any such
vehicle from temporarily stopping in accordance with other
stopping, standing or parking regulations at any place for the
purpose of and while engaged in the expeditious unloading or
loading of passengers.
Sec. 17.29. Restricted use of bus and taxicab stands.
No person shall stop, stand or park a vehicle other than a
bus in a bus stop or other than -a taxicab in a taxicab stand when
such stop or stand has been officially designated and
appropriately signed, except that the driver of a passenger
vehicle may temporarily stop therein for the purpose of and while
actually engaged in the expeditious loading or unloading of
passengers when such stopping does not interfere with any bus or
taxicab waiting to enter or about to enter such zone.
Sec. 17.30. Parking provisions for handicapped and disabled
persons.
(a) It shall be the policy of the City of Okeechobee to
provide a minimum of one (1) specially designed and marked motor
vehicle parking space at the city hall for the exclusive use of
severely physically disabled individuals with permanent mobility
problems. Said parking space is to be utilized only by those who
are severely handicapped and who have been issued an exemption
entitlement parking permit pursuant to Florida statutes, Chapter
320.0848.
(b) In addition to the minimum space at the city hall it
shall be required that other governmental units provide a minimum
of one (1) space in the immediate vicinity of a building which
houses a governmental entity or a political subdivision
including, but not limited to, state office buildings and court
houses. These spaces shall be specially designed and specially
marked and reserved for the exclusive use of severely physically
disabled individuals who have been issued an exemption
entitlement parking permit pursuant to Florida Statutes Chapter
320.0848.
(c) Each parking space shall conform to the requirements of
Florida Statutes 316.1955(3) and shall be posted and maintained
with a permanent sign bearing the internationally accepted
wheelchair symbol and th. caption, "PARKING BY DISABLED PERMIT
ONLY
(d) Any person who parks a vehicle in any parking space
designated with the internationally accepted wheelchair symbol
and the caption "PARKING BY LSABLED PERMIT ONLY" shall be guilty
of a traffic infraction unless such vehicle displays a parking
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permit issued pursuant to Florida Statutes, Chapter 320.0848 and
such vehicle is transporting a person eligible for such parking
permit. However, any person who is chauffeuring a disabled
person shall be allowed, without need for an identification
parking permit, momentary parking in any such parking space for
the purpose of loading or unloading a disabled person. No
penalty shall be imposed upon the driver for such momentary
parking.
Sec. 17.31. Parking in residential neighborhoods.
1. Commercial vehicles and semitrailers prohibited or
restricted in residential districts:
(a) It shall be unlawful for any owner, agent, operator or
person in charge of any commercial vehicle, or
semitrailer, to park, stop, store or keep same on any
public street, avenue, alley or other thoroughfare, or
any right -of -way therewith, within any residential
district in the City of Okeechobee for a period
exceeding one hour in any twenty -four (24) hour period,
each such period commencing at the time of the first
stopping in the city.
(b) It shall be unlawful for any owner or lessee of real
property in any residential district in the City of
Okeechobee to park on, cause to be parked on, or allow
to be parked on his, its or their residential property,
any commercial vehicle or semi trailer for the period
exceeding one hour in a twenty -four (24) hour period,
unless same is in an enclosed garage. Each such period
shall commence at the time of first stopping or parking
unless a permit is first obtained from the police
department of the city, and as may be otherwise
provided in this section. This restriction shall also
apply to the owner, agent, operator or person in charge
of any such vehicle in the event said person is not the
owner or lessee of said real property.
2. Delivery and construction vehicles; emergency repairs:
(a) The restrictions of subsection 17.31(1) shall not apply
to the temporary parking of such vehicles on private
property in residential districts whereon construction
is under way, for which a current and valid building
permit has been issued by the City of Okeechobee, and
said permit is properly displayed on the premises.
(b) The restrictions of subsection 17.31(1) of one hour in
residential districts shall not apply to routine
deliveries by tradesmen, or the use of trucks in making
service calls, providing that such time in excess of
one hour is actually in the course of business
deliveries or servicing, as the case may be.
(c) The restrictions of subsection 17.31(1) shall not apply
to a situation where such vehicle becomes disabled, and
as a result of such emergency is required to be parked
within a residential district for longer than one hour.
However, any such vehicle shall be removed from the
residential district within twenty -four (24) hours, by
wrecker towing if necessary, regardless of the nature
of the emergency.
3. Industrial equipment prohibited or restricted in residential
districts:
(a) It shall be unlawful for any owner, agent, operator or
person in charge of any industrial equipment to park,
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stop, store or keep such equipment on any public
street, avenue, alley or other thoroughfare, or any
right -of -way therewith, within any residential district
in the City of Okeechobee, any time, unless moving
directly to or from, or actually located at, any
excavation or construction site whereon construction,
clearing, removal of debris or other building and /or
excavation activities are either currently under way or
will commence within the next twenty four (24) hours
and for which a current and valid permit has been
issued by the City of Okeechobee, and said permit is
properly displayed on the premises. Industrial
equipment used in lot clearing, tree trimming or
removal lawn care and related services, is also
included, although a specific building permit may not
be required; and, nothing in this section is intended
to require a building permit where not otherwise
required.
(b) It shall be unlawful for any owner of property in any
residential district of the City of Okeechobee to park
on, cause to be parked on, or allow to be parking on
his, its or their residential property, any industrial
equipment, as previously defined in this section, at
any time unless such industrial equipment is used on
property wherein construction, clearing, removal of
debris and /or other similar activities are currently
under way or will commence within the next twenty -four
(24) hours and for which a current and valid permit has
been issued by the City of Okeechobee, and said permit
is properly displayed on the premises. Heavy equipment
used in lot clearing, tree trimming, or removal, lawn
care and related services is also included herein,
although a specific building permit may not be
required; and, nothing in this section is intended to
require a building permit where not otherwise required.
However, mowers, clippers, edgers, drills, saws,
sanders and other normal tools and implements of home,
lawn and garden maintenance and repair whether
motorized or not, are not considered to be industrial
equipment
(c) Exempt from the foregoing provisions are items of
industrial equipment in actual use or moving directly
to or from the location of actual use:
1. Owned or leased by the City of Okeechobee or
Okeechobee County for the accomplishment of a
governmental purpose such as tree trimming, road
repair or construction, water or sewerage system
repair or construction, maintenance of street and
traffic lights and /or similar activities;
2. Owned or leased by a contractor or subcontractor
under agreement with the city or county to
accomplish a municipal purpose as provided above;
3. Owned or leased by a recognized public utility
operating within the City of Okeechobee, or by a
contractor or subcontractor under agreement with
such public utility for the accomplishment of some
installation, maintenance, adjustment and /or
repair to such public utility.
NOW 4. Permits:
The chief of police of the City of Okeechobee or his duly
authorized designee may issue, upon proper application therefor
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by the owner or his authorized representative to the police
department, a permit extending the parking time limits set forth
in section 17.31 up to, but not exceeding, twenty -four (24)
hours, upon establishing that such permit is requested in good
faith for a reasonable cause shown or demonstrated to the chief
of police or his designee and not for the purpose of avoiding
the intent or objectives of this section.
5. Application of superseding city ordinances and state laws:
This subsection is primarily for the purpose of protecting
residential zoning. Therefore, any ordinances of this city or
laws of this state providing for the regulation of motor vehicles
are in addition to this subsection, and wherever primarily for
the regulation of motor vehicles or for the purposes of zoning,
imposes more stringent requirements, regulations, restrictions or
limitations than are imposed or required by the provisions of
this subsection, then more stringent requirements, regulations,
restrictions or limitations shall apply.
6. Exceptions:
The provisions of this section shall not apply to
recreational vehicles used exclusively for recreational purposes.
7. Nonconforming use:
The nonconforming use provisions of this chapter shall not
apply to these sections.
8. Conformity with existing ordinances:
This section shall not be construed as authorizing trucks to
utilize any street or other public thoroughfare of the city over
which such vehicular traffic is now or hereafter prohibited by
ordinance, or lawful order of the police department.
Secs. 17.32 -17.39 Reserved.
ARTICLE III. RECREATIONAL VEHICLES
Sec. 17.40. Use as a residence prohibited.
No recreational vehicle shall, at any time, be used as a
residence, temporarily or permanently.
Sec. 17.41. Parking on streets restricted.
Recreational vehicles shall not be parked on the streets of
the city for a period of time longer than twenty -four (24) hours.
Sec. 17.42. Registration.
All recreational vehicles shall bear a current state
registration.
Sec. 17.43. Parking of recreational vehicles in residential
district.
No recreational vehicle shall be parked or stored in any
residential area unless said vehicle is stored inside an enclosed
garage or other structure, parked on a paved driveway or parked
to the side or rear of the principal structure, provided the
applicable rear lot setback and the applicable side yard setback
are maintained.
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Sec. 17.44. Trailers; parking prohibited unless specifically
permitted.
It shall be unlawful for any person to park any house
trailer on any street, alley or highway or other public place, or
on any tract, lot, or parcel of land, except as specifically
permitted in this Code and the zoning ordinance.
Sec. 17.45. Trailers; emergency or temporary stopping on
public ways.
Emergency or temporary stopping or parking of house trailers
shall be permitted on any street, alley or highway or other
public place for not longer than four (4) hours, subject to any
other and further prohibitions or limitations imposed by the
ordinances of the city.
Secs. 17.46 -17.49 Reserved.
ARTICLE IV. OFF -ROAD VEHICLES
Sec. 17.50. Findings and purposes.
(a) The city council finds that the driving, riding and use
of motorcycles, motor bikes, minibikes, dirt bikes, trail bikes,
dune buggies, motor scooters, jeeps or other forms of off highway
motor vehicles on public and private property within the limits
of the City of Okeechobee is and can be the cause of noise and
dust and of the destruction of plants, other ecological damage,
and damage to landscaping and other personal and real property,
which conduct adversely affects the comfort and privacy of
occupants and residents of the City of Okeechobee. Because said
conduct may be intermittent, fleeting, moving and /or caused by
persons who are minors the noise and public nuisance provisions
of this Code, as well as other legal remedies, are inadequate to
control said conduct and its adverse effects. The provisions of
this article relating to the regulations of motorcycles, motor
bikes, minibikes, dirt bikes, trail bikes, dune buggies, motor
scooters, jeeps or other forms of off highway motor vehicles are
therefore necessary for the public welfare.
(b) The city council declares that the purpose of this
section is to exercise the general police power in order to
protect the enjoyment and use of public and private property, to
protect the rights of privacy, to preserve property and personal
values, and to promote peace and quiet within the City of
Okeechobee by regulating the use of motorcycles, motor bikes,
minibikes, dirt bikes, trail bikes, dune buggies, motor scooters,
jeeps or other forms of off highway motor vehicles on public and
private property within the City of Okeechobee.
Sec. 17.51. Operation regulated.
No person shall operate upon the private property of another
or upon any public property which is not held open to the public
for any vehicular use and which is not subject to the provision
of the Florida Uniform Traffic Control Law, a motor vehicle,
including a motorcycle, motor bike, minibike, dirt bike, trail
bike, dune buggy, motor scooter, jeep or other form of off
highway motor vehicle. The provisions of this paragraph shall
not prohibit the operation of off highway motor vehicles upon the
property of another when said motor vehicles are:
(a) Authorized emergency vehicles;
(b) Used for ingress to and egress from, and parking upon,
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parking lots or structures open to the public or
private parking lots;
(c) Motor vehicles operated upon property used for a motor
vehicle riding area which has received approval from
the city and is being operated as a business;
(d) The property of any governmental agency, including any
motor vehicle riding facility operated by the City of
Okeechobee;
(e) Upon property of another and when the operator has the
written consent of the owner or person in lawful
possession of such property;
(f) Used by the owner of the land himself, his family,
employees, agents or lessees;
(g) Upon private property for ingress and egress only.
Sec. 17.52. Prima facie violation.
The operation of any motorcycle, motorbike, minibike, dirt
bike, trail bike, dune buggy, motor scooter, jeep or other form
of off highway motor vehicle upon any vacant or unimproved lands
within the city limits shall constitute a prima facie violation
of this article unless the operator is able immediately to
exhibit signed written permission by the owner of the land for
such use.
Sec. 17.53. Liability of jrents of children under eighteen.
Each parent and /or guardian of any child under the age of
eighteen (18) years may be charged under this article with having
permitted a violation of any of the provisions of this article.
Subsequent to receipt of a written warning from the chief of
police, each parent and /or guardian so warned shall be assumed
knowingly to have permitte any subsequent violation and shall be
subject, upon conviction, to penalties identical to those
provided for the violator for having permitted a violation of
this article.
Secs. 17.54 -17.59 Reserved.
ARTICLE V. ABANDONED; UNATTENDED VEHICLES
Sec. 17.60. Unlawful; exception.
It is hereby declared unlawful for any person to park, store
or leave unattended any motor vehicle on public property,
including road rights -of -way, located within the incorporated
area of the city, for a period of time in excess of thirty -six
(36) hours. This section shall not apply to any vehicle owned or
leased by the City of Okeechobee, Okeechobee County or the State
of Florida, or by a contractor or subcontractor under agreement
with the city or county to accomplish a municipal purpose.
Sec. 17.61. Removal of vehicles.
The city police officers are hereby authorized to provide
for the removal of any abandoned or unattended vehicle to the
nearest garage or other place of safety, cost of such removal to
be a lien against said motor vehicles when said vehicle is found
unattended in the following instances:
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(a) Where such vehicle constitutes an obstruction to
traffic.
(b) When such ve' icle has been parked or stored in
violation of the provisions of any Okeechobee City
Code.
Secs. 17.62 -17.69 Reserved.
ARTICLE VI. SEVERABILITY
Sec. 17.70 Severability.
If any section, phrase, sentence or portion of this chapter
is, for any reason, held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such portion
shall not affect the validity of the remaining portions thereof.
S. 17.71 -17.79 Reserved.
ARTICLE VII. FINES, PENALTIES AND PROCEDURES
Sec. 17.80 Parking infraction procedures.
(1) Whenever any motor vehicle is parked in violation of
this Chapter the police officer observing the violation may
prepare a written parking citation including all necessary
particulars and deliver the citation to the owner or driver if
present or affix the citation to the vehicle in a conspicuous
place. For the purpose of this paragraph "police officer" also
includes any individual employed by the city police department
who is acting as a parking` enforcement officer without arrest
powers.
(2) Any person receiving a parking citation for a parking
violation shall, within five (5) working days, pay the civil
penalty as prescribed in this chapter or request a hearing before
a judge of the county court. Any person electing to appear
before the designated judge shall be deemed to have waived his
right to pay the civil penalty. The judge, after a hearing,
shall make a determination as to whether a violation has been
committed. If the commissi ^n of violation has been proven, the
judge may impose a fine not to exceed one hundred ($100.00)
dollars plus court costs.
Sec. 17.81. Parking fines section; procedures upon noncompliance
With parking violation notice.
(1) The parking fines section of the city police department
shall accept payment of civil penalties for parking violations
and issue receipts therefor. The parking fines section shall
maintain a record of such civil penalties and shall daily submit
monies collected to the city finance director.
(2) If any person summoned by a parking violation notice
affixed on a motor vehicle does not respond to such notice within
the time period specified on such notice, the parking fines
section shall assess a five ($5.00) dollar delinquent fee per
violation against the registered owner of the motor vehicle. In
addition, a notice of summons shall be sent, by certified mail,
to the registered owner of the motor vehicle which was cited,
informing such owner of the parking violation notice and the
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failure to comply therewith. Such notice shall direct the
recipient to respond within ten (10) calendar days; otherwise, a
Aft summons will be issued for failure to comply. Costs in the
W amount of five ($5.00) dollars shall be assessed incident to this
notification process.
(3) If a response is not made within the time period
specified in the notice of summons, a summons will be issued
commanding an appearance before a judge of the Okeechobee County
Court and a service of process charge shall be assessed to cover
the cost.
(4) After issuance of summons, a hearing- on the charge of
failure to comply shall be scheduled and such charge prosecuted
in the Okeechobee County Court.
(5) Any person who fails to respond to the original parking
violation notice within the time period specified on such notice
shall be deemed to have waived the right to contest the merits of
such parking violation.
(6) A violation of Section 17.81 of this Code shall be
deemed a separate and distinct violation and shall not be
construed to be merged with or a part of the original parking
violation. If the commission of violation under this section has
been proven, the judge may impose a fine not to exceed one
hundred ($100.00) dollars plus court costs.
Sec. 17.82. Failure to obey notice; alteration or destruction of
notice prohibition.
(1) The registered owner of a motor vehicle who willfully
neglects to answer to the charge set forth in a parking violation
notice affixed to such motor vehicle by a police officer or
parking enforcement officer shall be held to have violated this
chapter.
(2) The notice referred to in subsection (1) of this
section is and shall remain the property of the city before and
after the serving, delivery, or affixing thereof and is and shall
be considered an integral part of the police department. All
persons receiving any such notice in writing, whether by personal
service or by affixing the same to a motor vehicle, shall be and
are hereby required to preserve such notice and to bring and
present or otherwise is nsmit the same- to the parking fines
section when answering the charge set forth in such notice.
(3) No person, whether the recipient thereof or otherwise,
shall willfully throw away, alter, mar, mutilate, destroy, or
discard the written notice of the city described in subsection
(1) of this section.
Sec. 17.83. Schedule of civil penalties for parking violations.
The schedule of civil penalties for parking violations under
this chapter shall be established by Resolution adopted by the
city council.
Sec. 17.84 17.89 Reserved.
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SECTION THREE: This`Jrdinance shall take effect
w immediately upon its adoption.
Introduced for first reading and set for final hearing
this 20th day of September, 1983.
OAKLAND R. CHAPM :'MAYOR
ATTEST:
BONNIE S. THOMAS, CMC
CITY CLERK
CITY OF OKEECHOBEE
Passed on second reading and public hearing this 4th
day of October, 1988.
OAKLAND CHAPMAN, t OR
ATTEST:
4 lam. /4/
BONNIE THOMAS, CMC
CITY CLERK
CITY OF OKEEHCOBEE
(D 10%