LEE
COUNTY ORDINANCE
NO.
19-08
AN
ORDINANCE
OF
THE BOARD
OF
COUNTY COMMISSIONERS
OF
LEE COUNTY, FLORIDA ESTABLISHING THE LEE COUNTY
COMMERCIAL TRUCK PARKING ORDINANCE; PROVIDING FOR
THE PROHIBITION
OF
PARKING COMMERCIAL TRUCKS
ON
RESIDENTIALLY ZONED PRIVATE PROPERTY; PROVIDING FOR
THE PROHIBITION
OF
PARKING COMMERCIAL TRUCKS
ON
PUBLIC RIGHT-OF-WAYS; PROVIDING FOR THE
ESTABLISHMENT
OF
PROCEDURES FOR THE ISSUANCE
OF
PARKING CITATIONS AND TICKETS AND TOWING WHEN THE
TERMS
OF
THIS ORDINANCE ARE VIOLATED; PROVIDING FOR
SUPPLEMENTAL; CONFLICTS
OF
LAW; SEVERABILITY;
SCRIVENER'S ERRORS; MODIFICATIONS THAT MAY ARISE
FROM CONSIDERATION AT PUBLIC HEARING; AND
AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners
is
the governing body
in
and for Lee
County, a political subdivision of the State of Florida; and,
WHEREAS, the Board of County Commissioners of Lee County, Florida, finds that many
residential areas
in
unincorporated Lee County have been blighted
by
the parking of commercial
trucks including, but not limited to, semi-trailer trucks and tractor-trailers; and,
WHEREAS, the Board of County Commissioners of Lee County, Florida, finds that many
public right-of-ways
in
unincorporated Lee County have been blighted
by
the parking of commercial
trucks including, but not limited to, semi-trailer trucks and tractor-trailers;
and
,
WHEREAS, the Board of County Commissioners of Lee County, Florida, finds that the
parking of commercial trucks
in
residential areas and
on
public right-of-ways
is
detrimental
to
the
health, safety and welfare of the citizens of Lee County; and,
WHEREAS, the Board of County Commissioners of Lee County, Florida, further finds that
the parking of commercial trucks
on
such property creates a public nuisance which cannot
be
satisfactorily abated
by
the enforcement of existing codes and ordinances; and,
WHEREAS, Chapter 125, Florida Statutes, authorizes the Board of County Commissioners
of Lee County, Florida,
to
adopt and enforce laws for the protection of the public health, safety and
welfare; and,
WHEREAS, the Board of County Commissioners of Lee County, Florida, pursuant to
Section 125.
01,
Florida Statutes, has the power to establish, coordinate, and enforce zoning
regulations
on
private property; and,
WHEREAS, the Board of County Commissioners of Lee County, Florida, pursuant to
Section 125.
01,
316.006, and 316.008, Florida Statutes, retains jurisdiction over the public right-of-
ways
in
the unincorporated areas of Lee County; and,
WHEREAS, the Board of County Commissioners of Lee County, Florida pursuant to
Chapter 162 Part
II,
and Chapter 316, Florida Statutes,
is
authorized to establish procedures for
the issuance of parking citations/tickets when the terms of this Ordinance are violated; and,
WHEREAS, the Board
of
County Commissioners of Lee County, Florida pursuant to
Chapter 125, Florida Statutes,
is
authorized to establish procedures for the towing
of
vehicles when
the terms
of
this Ordinance are violated; and,
WHEREAS, the Board
of
County Commissioners
of
Lee County, Florida, finds it necessary
to the promotion
of
the public health, safety and welfare that an Ordinance be passed which
prohibits the parking of commercial trucks
in
residential areas and on public right-of-ways,
establishes a procedure for the issuance
of
parking citations/tickets when the terms
of
this
Ordinance are violated, and establishes procedures for the towing of vehicles violating the terms
of
this Ordinance; and,
WHEREAS, the Executive Regulatory Oversight Committee reviewed the proposed
Ordinance on March 13, 2019, and recommended approval
of
the Ordinance.
NOW
, THEREFORE, BE IT ORDAINED BY THE BOARD
OF
COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA,
THAT
:
SECTION ONE:
SHORT TITLE
This Ordinance may be cited as the "Lee County Commercial Truck Parking Ordinance
".
SECTION TWO: DEFINITIONS
The following words and phrases, when used
in
this Ordinance, shall have the meanings
ascribed to them
in
this Section, except where the context otherwise requires:
A Board
of
County Commissioners: The Board of County Commissioners of Lee County,
Florida.
B. Clerk: Clerk
of
the Circuit Court and County Court of Lee County, Florida.
C. Code Enforcement Specialist: Any authorized agent or employee
of
Lee County whose duty
it is to assure code compliance.
D. Commercial Truck: A vehicle that is:
1. A semi-trailer truck or tractor-trailer; or
2.
A truck with two or more rear axles; or
3. A truck with a manufacture's Gross Vehicle Weight Rating (GVWR)
in
excess
of
15,000 pounds; or
4. Any truck and trailer combination, excluding a trailer used solely
for
non-commercial
or recreational purposes, resulting
in
a combined manufacturer's
GVWR
in
excess
of
15,000 pounds.
As used herein, the term shall not mean Recreational Vehicle.
E.
County: Lee County, Florida.
F.
Daytime: The period from a half hour before sunrise to a half hour after sunset.
2
G. Director: The Director of Lee County Community Development or designee.
H. Gross Vehicle Weight: The weight of the originally .equipped motor vehicle and all items
added
to
it after
it
has left the factory. This would include the driver and all occupants and
the load the vehicle
is
carrying,
as
established
by
the manufacturer.
I.
Land Development Code: The
Lee
County, Florida, Land Development Code.
J.
Mobile Carrier: An electrically powered device that:
1.
Is
operated
on
sidewalks
and
crosswalks and
is
intended primarily for transporting
property;
2. Weighs less than 80 pounds, excluding cargo;
3. Has a maximum speed of
12
.5 mph; and
4.
Is
equipped with a technology
to
transport personal property with the active
monitoring of a property owner and primarily designed to remain within 25 feet of
the property owner.
A mobile carrier
is
not considered a vehicle or personal delivery device unless expressly
defined
by
law as a vehicle or personal delivery device.
K. Official Signs: Any sign which
is
placed or erected
by
the authority of a public body or official
having jurisdiction for the purpose of regulating, guiding, or warning traffic or prohibiting
parking.
L.
Owner: A person who holds the legal title of a vehicle.
M. Park or Parking: The standing of a vehicle, whether occupied or not, other than temporarily
for the purpose of and while actually engaged
in
loading or unloading merchandise or
passengers or performing maintenance or repair services
to
or upon real property or
improvements located thereon
as
may
be
permitted
by
law under this Ordinance.
N. Parking Citation: Official form used
by
Lee County Code Enforcement to notify the owner of
a vehicle that said vehicle
is
parked
in
the violation of the terms of this Ordinance which
subjects the owner
to
possible fines imposed
by
same.
0 . Parking Ticket: Official form used
by
the Sheriff
to
notify the owner of a vehicle that said
vehicle
is
parked
in
the violation of the terms of this Ordinance which subjects the owner to
possible fines imposed
by
same.
P. Parking Enforcement Specialist: A person appointed
by
the Sheriff to enforce parking
regulations who has successfully completed a training program established and approved
by
the Police Standards and Training Commission for parking enforcement specialists, but
who does not otherwise meet the uniform minimum standards established
by
the Police
Standards and Training Commission for police officers or auxiliary or part-time officers
under Section 943.12, Florida Statutes.
Q . Person: Any natural person, firm,
co
-partnership, association or corporation.
3
R.
Personal Delivery Device: An electrically powered device that:
1.
Is
operated
on
sidewalks and crosswalks and intended primarily for transporting
property;
2. Weighs less than 80 pounds, excluding cargo;
3. Has a maximum speed of
10
miles per hour; and
4.
Is
equipped with technology to allow for operation of the device with or without the
active control or monitoring of a natural person.
A personal delivery device
is
not considered a vehicle unless expressly defined
by
law
as
a vehicle. A mobile carrier
is
not considered a personal delivery device.
S. Public Right-of-way: See "Right-of-way."
T.
Repeat Violation: A violation of this Ordinance
by
a vehicle owner who has previously
violated this Ordinance and been issued a parking citation within 5 years prior to the
violation, notwithstanding the violations may occur at different locations.
U. Right-of-way: The word "right-of-way" shall mean the entire width between the boundary
lines of every road, roadway or land area of whatever nature dedicated or open to the use
of the public for the purpose of vehicular traffic or pedestrian traffic or otherwise, including
state roads, both primary and secondary, and county roads acquired
by
dedication,
condemnation, use or otherwise.
V. Sheriff: The Sheriff of Lee County or his duly appointed deputies.
W.
Stand or Standing: The halting of a vehicle, whether occupied or not, other than temporarily
for the purpose of and while actually engaged
in,
receiving or discharging passengers or
performing maintenance or repair services to or upon real property or improvements located
thereon
as
may
be
permitted
by
law under this Ordinance.
X.
Removal Notice: Official form used
by
Lee County Code Enforcement
to
notify the owner of
a vehicle that said vehicle
is
parked
in
violation of the terms of this Ordinance and, further
notify the vehicle owner that if the violation continues beyond the specified reasonable time
to remove the vehicle, the code enforcement specialist may issue a parking citation.
Y. Vehicle: Any device
in
, upon, or
by
which any person or property
is
or may
be
transported
or drawn upon a road right-of-way, except personal delivery devices, mobile carriers, and
devices used exclusively upon stationary rails or tracks.
SECTION THREE: PROHIBITION
OF
PARKING
ON
RESIDENTIALLY ZONED PROPERTY
A. Prohibition of Parking
on
Property
in
Residential Zoning Districts:
It
shall
be
a violation of this Ordinance to park a commercial truck
on
any property zoned
in
accordance with Chapter 34 of the Land Development Code as:
1.
RS
residential single-family
2.
RSA residential single-family
4
B.
C.
3.
RSC residential single-family conservation
4. TFC residential two-family conservation
5. TF residential two-family
6.
RM
residential multiple-family
7.
MH
mobile home residential
8. PUD planned unit development
9.
RPO
residential planned development
10
. RV recreational vehicle
11
. RVPD recreational vehicle planned development
12
. MHPD mobile home planned development
13.
MPD mixed use planned development (limited
to
the residential portion of a MPD).
Exceptions:
1. Daytime deliveries or daytime service calls;
2. A truck parked
in
a completely enclosed building or garage;
3.
A truck used for emergency service work
by
a person employed
by
a public utility,
when approved
by
the Director, provided:
a.
The truck
is
parked while the employee
is
on
"emergency on-call status;"
AND
b. Only one emergency service truck
is
allowed for each employee residing at
the property; AND
c.
The truck may not
be
stored at the property.
Enforcement Authority:
The Lee County Code Enforcement Section
is
authorized to enforce violations of this
Section through the enforcement procedures set forth below.
D. Enforcement:
1. Removal Notice:
a. When a violation of this Section
is
discovered, and prior to issuance of a
citation, a code enforcement specialist must place a written removal notice
on
a conspicuous place upon the vehicle.
b.
If the owner of the vehicle can
be
ascertained, the removal notice may
be
provided to that person rather than being placed upon the vehicle.
c.
The removal notice must provide the owner notice that a violation of this
Ordinance has occurred and provide a reasonable amount of time to remove
the vehicle.
d. The placing of the removal notice upon the vehicle shall be considered
sufficient notice to the owner that a violation of this Section has occurred.
5
2. Citation:
a. If, upon investigation, a code enforcement specialist finds that the vehicle
has not been removed within the reasonable time provided
in
the removal
notice, the code enforcement specialist may issue a citation to the owner
of
the vehicle.
b. If the owner
of
the vehicle cannot be ascertained, the citation
may
be placed
on a conspicuous place upon the vehicle.
c. The citation shall inform the owner that they have been found
in
violation
of
this Ordinance and may assess a fine in accordance with Chapter 162 Part
II
, Florida Statutes, or its successor.
d.
The citation shall inform the owner that they have thirty (30) days either to
contest the citation by requesting a court date from the Clerk's office or to
pay the fine indicated on the citation.
e. The citation shall inform the owner that if they fail to either pay the fine or
request a court date within thirty (30) days that they may be held
in
contempt
of
court and a warrant for their arrest may be issued.
f.
The citation shall inform the owner that if a repeat violation
of
this Ordinance
occurs, the vehicle may be towed at the expense
of
the owner.
3. Repeat Violations:
a.
b.
C.
d.
If a repeat violation is found subsequent to the issuance
of
a citation, the
code enforcement specialist may immediately issue a citation
in
accordance
with the Section above and without the placement
of
a removal notice.
If a repeat violation
is
found subsequent to the issuance
of
a citation, the
Director is authorized to cause the vehicle to be towed.
The County shall not be responsible for the payment
of
any fees necessary
for the release
of
the vehicle.
Any cost incurred
by
the County
in
the towing and storage of the vehicle shall
be paid by the owner.
SECTION FOUR: PROHIBITION OF PARKING ON PUBLIC RIGHT-OF-WAYS
A.
Prohibition
of
Parking
on
Right-
of
-
Way
:
It shall be a violation
of
this Ordinance to park a commercial truck on any public right-
of
-
way
in
unincorporated Lee County. Offici
al
Signs shall be erected at the locations depicted
and described on "Exhibit A" and "Exhibit B" to this Ordinance. The Official Signs shall
provide notice that parking commercial trucks on Public right-
of
-ways is prohibited. The
Offici
al
Signs shall provide notice that violators may be ticketed and/or towed. The Official
Signs shall reference this Ordinance. The Lee County Department
of
Transportation shall
have the authority and responsibility to erect the Official Signs.
6
B.
C.
Exceptions:
1. Daytime deliveries or daytime service calls;
2. If specifically authorized by an official sign to park on a certain area of a public right-
of-way.
Enforcement Authority:
The Lee County Sheriff's Office
is
authorized to enforce violations of this Section through
the enforcement procedures set forth below.
D. Enforcement:
1. Ticket:
a. When a violation of this Section
is
discovered, a sheriff's officer or parking
enforcement specialist may issue a ticket to the owner.
b. If the owner cannot be ascertained, the ticket may be placed on a
conspicuous place upon the vehicle.
c. The ticket shall inform the owner of the violation of this Ordinance and may
assess a fine
in
accordance with Chapter 316, Florida Statutes, or its
successor.
d. The ticket shall inform the owner that they have thirty (30) days either to
contest the citation by requesting a court date from the Clerk's office or to
pay the fine indicated on the ticket.
e. The ticket shall inform the owner that if they fail to either pay the fine or
request a court date within thirty (30) days that they may be held
in
contempt
of court and a warrant for their arrest may be issued.
f. The ticket shall inform the owner that if a vehicle under his/her ownership
is
found to
be
in
violation
of
this Ordinance again
in
the future, the vehicle may
be towed at the expense of the owner.
2.
Towing
:
a. If a vehicle
is
found to
be
parked
in
violation
of
this Section, and the owner
has previously been issued a ticket for violating this Ordinance, the Sheriff
is
authorized to cause the vehicle to be towed.
b. The Sheriff's Office shall not
be
responsible for the payment of any fees
necessary for the release of the vehicle.
c. Any cost incurred by the Sheriff's Office
in
the towing and storage of the
vehicle shall be paid by the owner.
7
SECTION FIVE: SUPPLEMENTAL
This Ordinance
is
supplemental to any other lawfully adopted ordinances or laws that
regulate parking
in
the County.
SECTION SIX: CONFLICTS
OF
LAW
Whenever the requirements or provisions of this Ordinance are
in
conflict with the
requirements or provisions of other lawfully adopted ordinances or statutes, the most restrictive
requirements will apply.
SECTION SEVEN: SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance
is
for any reason
held illegal, invalid or unconstitutional
by
the decision of any court or regulatory body of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof. The Board
of County Commissioners hereby declare that it would have passed this Ordinance and each
section, subsection, sentence, clause
and
phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases
be
declared illegal, invalid or
unconstitutional.
SECTION EIGHT: SCRIVENER'S ERRORS
The Board of County Commissioners intends that this Ordinance can
be
renumbered or
relettered and typographical errors that do not affect the intent can
be
corrected with the
authorization of the County Manager or his designee, without the need for a public hearing.
SECTION NINE:
MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT
PUBLIC HEARING
It
is
the intent of the Board of County Commissioners that the provisions of this Ordinance
may
be
modified
as
a result of consideration that may arise during Public Hearing(s). Such
modifications shall
be
incorporated into the final version.
SECTION TEN:
EFFECTIVE DATE
This Ordinance will take effect upon its filing with the Office of the Secretary of the Florida
Department of State.
8
Commissioner Mann made a motion to adopt the foregoing Ordinance, seconded by
Commissioner Manning. The vote was
as
follows:
John Manning Aye
Cecil Pendergrass Aye
Vacant
Brian Hamman Aye
Frank Mann Aye
DULY PASSED AND ADOPTED this 7th day of May, 2019.
ATTEST:
LINDA DOGGETT, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
BY
:
~~•••,
Brian Hamman, Vice-Chair
APPROVED AS TO FORM FOR THE
RELIANCE OF LEE COUNTY ONLY
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US41
D
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EXHIBIT "A"
~
Sign Locations
EXHIBIT
"B"
Sign
Locations
On
Street Between And Direction
Burnt Store
Rd
Charlotte County Line
lslamorada Blvd
SB
us
41
Charlotte County Line
Herons Glen Blvd
SB
SR
31 Charlotte County Line Busbee
Ln
SB
North
River
Rd
Hendry County Line Silver Shores
Ln
WB
Palm Beach Blvd
Hendry County Line
Floweree
Rd
WB
lmmokalee
Rd
Hendry County Line
Columbus Blvd WB
Corkscrew
Rd
Collier County Line
TPI
Rd
WB
Corkscrew
Rd
Bella Terra Blvd
Panther Island Blvd
EB
Bonita Beach
Rd
Lely Blvd
Kings Kew
WB
US41
Estero Pkwy Vintage Pkwy
NB
Three Oaks Pkwy Estero Pkwy
Koreshan
Way
NB
Ben
Hill Griffin Pkwy Estero Pkwy Eagle Village Dr
NB
Alica
Rd
Royal Queen Blvd
Ben
Hill Griffin Pkwy
EB
Alica
Rd
1-75
SB
Ramp Three Oaks Pkwy
WB
Terminal Access
Rd
WB Ramp
Terminal Access
Rd
Treeline Ave
WB
Daniels Pkwy
Jetport
Commerce Pwky Treeline Ave
EB
Daniels Pkwy
Danport
Blvd Palomino
Ln
WB
Colonial Blvd Colonial Country Club Blvd
Treeline Ave
EB
Colonial Blvd Colonial Center Dr
Ortiz Ave WB
Dr.
Martin
Luther
King Blvd
Destination Dr
Forum Blvd
EB
Dr.
Martin
Luther King Blvd Park
Plaza
Ortiz Ave
WB
Luckett
Rd
Northland
Dr
Country Lakes Dr
EB
Luckett
Rd
Enterprise Pkwy
Golden Lake
Rd
WB
Palm Beach Blvd
1-
75
NB
Ramp
Orange River Blvd
EB
Palm Beach Blvd
1-75
SB
Ramp
Morse
Plaza
WB
Bayshore
Rd
Pritchett
Pkwy
Wells
Rd
EB
Bayshore
Rd
Park 78 Dr
Williamsburg Dr WB
RON DESANTIS
Governor
LAUREL M. LEE
Secretary of State
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
May 13, 2019
Honorable Linda Doggett
Clerk of the Circuit Courts
Lee County
Post Office Box 2469
Fort Myers, Florida 33902-2469
Attention: Missy Flint
Dear Ms. Doggett:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Ordinance No. 19-08, which was filed in this office on May 13, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
By Missy Flint at 1:05 pm, May 13, 2019
