Item N9 N.9
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: N.9
Agenda Item Summary #8 165
BULK ITEM: No DEPARTMENT: BOCC District 5
TIME APPROXIMATE: STAFF CONTACT: Corie Abel 3054538787
10:30 AM
AGENDA ITEM WORDING: Discussion and Direction on placing "No Parking" signs in areas of
concern and raising the parking fines for the "No Parking" areas.
ITEM BACKGROUND: With the continued popularity of fishing and boating in the Upper Keys,
rights-of-way have become very congested areas with boat trailers connected to vehicles and persons
fishing. With"No Parking" signs added to some of these areas of concern Monroe County could
enforce by writing tickets to vehicles/trailers parked along those rights-of-way.
If as a County we raise the parking fines, it would help with the enforcement of this issue. The fine
for parking in "No Parking" areas is presently $20.00.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
Islamorada Parking Fines Increase
Parking Fines Signs Ordinance
Parking Fines Florida State
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
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Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Corie Abel Completed 04/27/2021 10:04 AM
Bob Shillinger Completed 04/27/2021 12:55 PM
Liz Yongue Completed 05/04/2021 11:29 AM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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ORDINANCE NO. 21-01
AN ORDINANCE OF ISLAMORADA, VILLAGE OF ISLANDS,
FLORIDA, AMENDING CHAPTER 50 "STREETS, SIDEWALKS
AND OTHER PUBLIC PLACES", ARTICLE 5 "MOTOR VEHICLES
AND TRAFFIC` OF THE VILLAGE CODE OF ORDINANCES
RELATED TO ILLEGAL PARKING ON RIGHT-OF-WAY AND
STREETS WITHIN THE VILLAGE; SPECIFICALLY AMENDING
SECTIONS 50-63, SECTION 50-65 AND SECTION 50-66 OF
THE VILLAGE CODE TO INCREASE THE CIVIL FINES AND
PENALTIES FOR VIOLATIONS AND PROVIDE FOR METHODS
OF COLLECTION; PROVIDING FOR SEVERABILITY; 0
PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Chapter 50 of its Code of Ordinances (the "Code"), the Village of N
Islamorada, Village of Islands (the "Village") has enacted regulations related to the streets,
sidewalks and other public places within the Village; and
WHEREAS, the regulation of parking on the streets, roads and rights-of way within the y
Village is essential to the safety and welfare of the public;and
WHEREAS, for the protection of the public and safety and welfare of its residents, the
Village Council of Islamorada, Village of Islands (the Village Council) desires to amend its
regulations related to the illegal parking of vehicles within the Village as further described CL
herein; and c
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WHEREAS, the Village Council desires to amend the regulations regarding illegal y
parking on rights-of-way and streets within the Village so as to create reasonable, efficient and
cost-effective operations for parking enforcement and for increased civil fines and penalties; and
WHEREAS, the Village Council hereby finds and declares that the adoption of this
Ordinance is necessary, appropriate and in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF ISLAMORADA,
VILLAGE OF ISLANDS, FLORIDA, AS FOLLOWS:
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Section 1. Recitals. The above recitals are true and correct and incorporated
herein by this reference.
Section 2. Amendments to the Code. Chapter 50 entitled "Streets, Sidewalks and
Other Public Places", Article 5 "Motor Vehicles and Traffic", Sections 66-2 is hereby amended as
follows:
CHAPTER 50. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE V. - MOTOR VEHICLES AND TRAFFIC
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Sec. 50-63. - Civil penalty for illegal parking on U.S. 1 right-of-way.
(a) No person may park, stand or stop a vehicle within the right-of-way of U.S. 1 in .N
the village in such a way that a violation of Florida Statutes section 337A06(1) occurs.
(b) The noncriminal civil penalty for a violation of subsection (a) is $39.00 $200.00
and, if paid after 30 days, $99.90 $250.00. A law enforcement officer or parking enforcement
personnel who discovers a vehicle parked in violation of subsection (a) may issue a parking
ticket in the form used by the village for parking violations to the driver or, if the vehicle is 2
unattended, attach the ticket to the vehicle in a conspicuous place. The liability for payment of
the ticket is pursuant to Florida Statutes section 316.1967.
(c) In the case of violators parked in violation of subsection (a) for a period of six CD
continuous hours or more, the law enforcement officer or parking enforcement personnel, in
addition to charging the owner and/or operator with the noncriminal violation set forth in
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subsection (b), may have the vehicle towed and impounded at the owner's expense.
(d) Nothing contained herein, however, shall prohibit the village from enforcing this
section W any other lawful means.
(Ord. No.09-12, § 2,7-16-2009)
Sec. 50-64. - Surcharge for violations.
Pursuant to Florida Statutes section 938.15, there is hereby imposed a surcharge of$2.00
for each person convicted for violation of a state penal or criminal statute or a municipal
ordinance.
(Ord. No. 09-12, § 2, 7-16-2009)
Sec. 50-65. - Prohibition of or restrictions on parking vehicles; signs to be erected; penalties.
(a) The village council may, by resolution, restrict or prohibit the parking, standing or
stopping of vehicles along roads within the village. The road(s) affected must be posted with
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signs that state the restriction or prohibition.After posting, no person may park, stop or stand a
vehicle in violation of the posted restriction or prohibition.
(b) The village council may, by resolution, restrict or prohibit the parking, standing or
stopping of trucks with a capacity of one ton or more on roads within areas designated
residential single-family, residential duplex, multifamily, residential estate, residential mobile
home, settler's residential, tavernaero, and native residential. The road(s) affected must be
posted with signs that state the restriction or prohibition. After posting, no person may park,
stop or stand such a truck in violation of the posted restriction or prohibition.
(c) The village council may, by resolution, restrict or prohibit the parking, stopping or
standing of vehicles on hazardous or congested portions of roads, intersections or parking lots
within the village. The portion of the road(s), intersection(s) or parking lot(s) affected must be
posted with signs that state the restriction or prohibition. After posting, no person may park,
stop, or stand a vehicle in violation of the posted restriction or prohibition.
(d) The village council may, by resolution, restrict or prohibit the parking, standing,
or stopping of vehicles along roads within the village during the nighttime hours. The road(s)
affected must be posted with signs that state the restriction or prohibition. After posting, no
person may park, stop, or stand a vehicle in violation of the posted restriction or prohibition.
(e) The noncriminal civil penalty for a violation of this section is $30.00 $200.00 and,
if paid after 30 days, a fine of$50.00 $250.00. A law enforcement officer or parking enforcement �--
personnel who discovers a vehicle parked in violation of this section may issue a ticket, in the y
form approved by the village for parking violations to the driver or, if the vehicle is unattended,
attach the ticket to the vehicle in a conspicuous place. The liability for the payment of the ticket
is pursuant to Florida Statutes section 316.1967. Penalties collected under this section must be
remitted to the village.
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M Nothing contained herein, however, shall prohibit the village from enforcing this
section by any other lawful means.
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(Ord. No.09-12, § 2, 7-16-2009)
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Sec. 50-66. - Collection of civil parking penalties.
(a) As authorized by Florida Statutes section 316.1967(6), the Monroe County clerk
of the court or the traffic violations bureau is directed to supply the state department of
highway safety and motor vehicles with a magnetically encoded computer tape reel or cartridge,
or to supply by other electronic means, data that is machine readable by the installed computer
at the department, listing persons who have three or more outstanding village parking violations
or one or more violations of section 50-61, of the Village Code, concerning violations relating to
parking spaces for persons who have disabilities.
(b) As authorized by Florida Statutes section 320.03(8), the Monroe County tax
collector may not issue a license plate or revalidation sticker to an applicant whose name
appears on the list referred to in subsection (a) until that person presents a receipt from the
clerk of the court or the traffic violations bureau showing that the village parking fines
outstanding have been paid.
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(c) The Monroe County tax collector and the clerk of the court are each entitled to
receive monthly, as costs for implementing and administering this section, ten percent of the
civil penalties and fines collected. This section applies even though a no-parking ordinance
requires that all penalties collected be deposited in a certain account or accounts.
(d) Nothing contained herein, however, shall prohibit the village from enforcing this
section by any other lawful means.
(Ord. No.09-12, § 2, 7-16-2009)
Section 3. Repeal of Conflicting Provisions. The provisions of the Village of
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Islamorada Code and all Ordinances or parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section 4. Severability. The provisions of this Ordinance are declared to be severable N
and if any sentence, section, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sentences,
sections, clauses or phrases of the Ordinance but they shall remain in effect it being the legislative 2
intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section S. Inclusion in the Code. It is the intention of the Village Council and it
is hereby ordained the provisions of this Ordinance shall become and be made part of the Village
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of Islamorada Code, that sections of this Ordinance may be renumbered or re-lettered to
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accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 6. Effective Date. This Ordinance shall take effect immediately upon
adoption.
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The foregoing Ordinance was offered by Councilman David Webb, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Pete Bacheler and upon
being put to a vote, the vote was as follows:
Mayor Joseph B. Pinder III YES
Vice Mayor Pete Bacheler YES
Councilman Mark Gregg YES
Councilman Henry Rosenthal YES
Councilman David Webb YES
PASSED on first reading this 141" day of January, 2021.
The foregoing Ordinance was offered by Vice Mayor Pete Bacheler, who moved its
adoption on first reading. This motion was seconded by Councilman David Webb and upon
being put to a vote, the vote was as follows. y
Mayor Joseph B. Pinder III YES y
Vice Mayor Pete Bacheler YES
Councilman Mark Gregg YES
Councilman Henry Rosenthal YES
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Councilman David Webb YES
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PASSED AND ADOPTED on the second reading this 25t' day of February, 2021,
�IEPH B. PINDER III, MAYOR
ATTEST:
KEL Y TIFf, VILLAGE CLERK
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APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF
ISLAMORADA, VILLAGE OF ISLANDS ONLY
ROGET V. I3 YA _ GE ATTORNEY
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Sec. 25-27. Prohibition or restrictions on parking vehicles; signs to be erected; penalties.
(a) The board of county commissioners may by resolution restrict or prohibit the parking,standing or stopping
of vehicles along county roads.The road affected must be posted with signs that state the restriction or
prohibition.After posting, no person may park,stop or stand a vehicle in violation of the posted restriction or
prohibition.
(b) The board of county commissioners may by resolution restrict or prohibit the parking,standing or stopping
of trucks with a capacity of one ton or more on county roads within areas designated Improved Subdivision
or Suburban Residential.The road affected must be posted with signs that state the restriction or
prohibition.After posting, no person may park,stop or stand such a truck in violation of the posted
restriction or prohibition.
(c) The board of county commissioners may by resolution restrict or prohibit the parking,stopping or standing
of vehicles on hazardous or congested portions of county roads, intersections or parking lots.The portion of 0
the road, intersection or parking lot affected must be posted with signs that state the restriction or
prohibition.After posting, no person may park,stop or stand a vehicle in violation of the posted restriction or us
prohibition.
(d) The board of county commissioners may by resolution restrict or prohibit the parking,standing,or stopping
of vehicles along county roads during the nighttime hours.The road affected must be posted with signs that
state the restriction or prohibition.After posting, no person may park,stop or stand a vehicle in violation of _
the posted restriction or prohibition. CD
(e) The noncriminal civil penalty for a violation of subsection (a), (b),(c)or(d)of this section and of the
resolution designating the restricted or prohibited parking area is$20.00.A law enforcement officer or
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parking enforcement specialist who discovers a vehicle parked in violation of subsection (a), (b),(c)or(d) of
this section and the resolution may issue a ticket in the form used by the county for parking violators to the
driver or, if the vehicle is unattended,attach the ticket to the vehicle in a conspicuous place. Penalties
collected under this section must be remitted to the county's general fund.
(Code 1979, § 11-10;Ord. No.32-1996,§2) y
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Created: 2021-04-14 15:07:44 [EST]
(Supp.No.22,Update 4)
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