Chapter 15 TRAFFIC

ARTICLE I. IN GENERAL

Sec. 15‑1. Definitions.

Words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them by Florida Statutes, Section 316.003.

Sec. 15‑2. Violations.

Except as otherwise provided herein, the violation of any provision of this chapter shall constitute a non‑criminal infraction punishable as provided by Florida Statutes, Chapter 318.

Sec. 15‑3. Traffic engineer designated.

The director of public works is hereby appointed as traffic engineer of the town. (Code 1962, 26‑5)

Sec. 15‑4. Powers of traffic engineer.

(a) The traffic engineer, except as otherwise provided by this chapter, and except as otherwise directed from time to time by the town council, shall have the power to regulate the operation or parking of vehicles within the town by placement of proper signs or markers, indicating prohibited or limited parking, restricted speed areas, one‑way streets, through or arterial streets, stop streets, “U” turns, play streets, school zones, hospital zones, loading and unloading zones and other signs or markers indicating the place and manner of operating or parking vehicles within the town.

(b) The traffic engineer shall also have the power to designate bus stops and taxicab stands and to erect signs prohibiting the parking of vehicles other than buses and taxicabs in such stands.

(c) The traffic engineer shall also have the power to designate truck routes and to regulate the parking of vehicles of various sizes and weights.

(d) The traffic engineer shall have the power to cause all necessary signs or markers to be erected or placed on any street when he deems such action necessary.

(e) The traffic engineer shall have the power to mark off traffic lines on streets and parts of streets indicating and directing the flow of traffic, when, in his judgment, such action is necessary.

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*Cross references–Vehicles prohibited on beach, 5‑40; street encroachments preventing traffic, 13‑7; driving past barricades, 13‑8; obstructions to vision at street intersections, 17‑97.

State law references–Uniform traffic control act, F.S. Ch. 316; general jurisdiction of municipalities, F.S. 316.006(2); municipal legislation on matters covered by Ch. 316 prohibited, F.S. 316.007; specific municipal powers, F.S. 316.008.

(f) The existence of such signs or markers at any place within the town shall be prima facie evidence that such signs or markers were erected or placed by and at the direction of the traffic engineer and in accordance with the provisions of this section. (Code 1962, 26‑6)

Sec. 15‑5. Driving with children in arms or on lap.

It shall be unlawful to drive or operate any motor vehicle while carrying any child, baby or another person in the driver’s arms or seated on his lap. (Code 1962, 26‑24)

State law reference–Obstruction to driver’s view or driving mech­anism, F.S. 316.2004.

Sec. 15‑6. Vehicles with tar pots attached.

(a) It shall be unlawful to operate any motor vehicle over the streets of the town upon which or to which any tar pot or tar pot trailer shall have been attached, when such tar pot contains more than half (½) of its capacity in hot tar, pitch, asphalt or other similar substance.

(b) This section shall not apply to equipment when in use in paving or patching streets within the town, provided, such equipment containing such hot liquid or substance shall not exceed a speed of five (5) miles per hour. (Code 1962, 26‑25)

Sec. 15‑7. Temporary street closures.

The Town Manager shall have the authority to temporarily close streets to through traffic at his discretion. (Ord. 09-10, 1, 5-19-09)

Secs. 15-8 ‑15-16. Reserved

ARTICLE II. PARKING, STOPPING AND

STANDING*

Sec. 15‑17. Definitions.

The following words and phrases when used in this article shall have the meanings respectively ascribed to them in this section except where the context otherwise requires:

Clerk means the Clerk of the Circuit and County Courts of Brevard County, Florida.

County means Brevard County, Florida.

Crosswalk means (a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Designated parking space means any parking space posted with a sign bearing the internationally accepted wheelchair symbol and the caption “HANDICAPPED PARKING.”

Finance director means the finance director of the Town of Indialantic, Brevard County, Florida.

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*Cross references–Parking on causeway near launching ramps, 5‑20; duty to remove parked vehicle at scene of a fire, 7‑11; license tax on parking lots, 9‑11(83); parking, storage and use of certain vehicles, 17‑103.

Handicapped person means any person with permanent mobility problems who has been issued an exemption entitlement pursuant to Sections 316.1958 or 320.0848, Florida Statutes.

Intersection means:

(a) the area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; or

(b) where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.

Motor vehicle or vehicle means any self-propelled vehicle not operated upon rails or a guideway, but not including any bicycle, or moped, as defined in Section 316.002, Florida Statutes.

Official signs means any sign which is placed or erected by the authority of a public body having jurisdiction for the purpose of regulating traffic or parking.

Official traffic control devices means all signs, signals, markings, and devices not consistent with law, placed or erected by authority of a public body or official having jurisdiction for the purposes of regulating, warning or guiding traffic.

Park or parking shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as may be permitted under this article.

Pedestrian means any person afoot.

Person means any natural person, firm, co‑partnership, association, or corporation.

Police officer shall mean a police officer of the Indialantic Police Department.

Private road or driveway means any privately owned way or place used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

Public parking space means any parking space on private property which the owner, lessee, or person in control of such property provides for use by members of the public other than employees of such owner, lessee, or person, including, but not limited to, parking spaces at shopping centers, stores, offices, motels, malls, restaurants, and marinas.

Public works department shall mean the Indialantic Public Works Department.

Record bureau means the records bureau of the Indialantic Police Department.

Registered owner means a person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the registered owner, for the purpose of this article.

Safety zone shall mean the area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or so marked by adequate signs or authorized pavement markings as to be plainly visible at all times while set apart as a safety zone.

Sidewalk means that portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by this article.

Stop or stopping means, when prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic control sign or signal.

Street or highway means the entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic.

Town means the Town of Indialantic, Brevard County, Florida.

Town council means the Town Council of the Town of Indialantic, Brevard County, Florida.

Traffic means pedestrians, ridden or herded animals, and vehicles, and other conveyances, either singly or together while using any street or highway for purposes of travel. (Ord. No. 81‑286, 1, 12‑16‑80, Ord. No. 92-2, 3, 1-21-92; Ord. 92-6, 4, 4-21-92)

Sec. 15‑18. Prohibited in certain areas or spaces; manner of stopping or parking.

(A) PROHIBITED. Within the incorporated areas of the town, except when necessary to avoid conflict with other traffic, or in compliance with law, or the directions of a town police officer, other law enforcement 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, bike path or bike lane;

(c) Within an intersection;

(d)On a crosswalk;

(e)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 public works department or the Florida 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)At any place where official signs prohibit stopping;

(I)In such manner as to block traffic lanes or to interfere with the orderly flow of traffic so as to constitute a hazard to the passage of emergency vehicles.

(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 fifteen (15) feet of a fire hydrant;

(c)Within twenty (20) feet of a crosswalk at an intersection;

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

(e)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;

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

(g)At any place where official signs prohibit or restrict parking, or in excess of time periods authorized by such signs;

(h)Along or adjacent to any curb painted red or yellow, or across the delineated boundaries of a public parking place.

(B) MANNER. Within the incorporated areas of the town:

(1) Except where provision for angular parking (acute or right angle) has been striped or as otherwise provided in this section, every vehicle stopped or parked upon a two‑way street or highway shall be so stopped or parked with the right‑hand wheels parallel to and within twelve (12) inches of the right‑hand curb or edge of the street or highway.

(2) Except when otherwise provided by this section, every vehicle stopped or parked upon a one‑way street or highway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right wheels parallel to and within twelve (12) inches of the right‑hand curb or edge of the roadway, or its left wheels parallel to and within twelve (12) inches of the left‑hand curb or edge of the street or highway. (Ord. No. 81‑286, 2, 12‑16‑80)

Sec. 15‑18.1. Metered parking.

(a) Definitions. For the purposes of this section, the following definitions will apply:

(1) Parking meter. The words “parking meter” shall mean and include any mechanical or electronic device or meter, not inconsistent with this section, placed or erected for the regulation of park­ing by authority of this section. Each parking meter installed shall indicate by proper legend, the legal parking time estab­lished by the town; and when operated, shall at all times indicate the balance of legal parking time, and at the expira­tion of such period shall indicate illegal or overtime parking.

(2) Parking meter space. The words “parking meter space” shall mean any space within the parking meter zone adjacent to a parking meter, and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters.

(3) Parking meter zone. The words “parking meter zone” shall mean and include any restricted street, public property or right-of-way upon which parking meters are installed and in operation.

(b) Designation of metered zone. The metered parking zone shall include the following areas:

(1) Zone 1: Watson Drive (Sunrise Park) lying east of SR A-1-A, area north of Watson Drive contained in lots 1, 2 and 3 of Block 1 of the resubdivision of Melbourne Beach (Maggie Johnson Plat); Tampa Avenue (Sea Park) lying east of SR A-1-A, both sides of Wavecrest Avenue south of Eighth Avenue to a point lying one hundred and ninety five (195) feet south of 11th Avenue and Lots 11 & 12, Block 28, Plat of Indialantic By the Sea, Plat Book 3, Page 35, Public Records of Brevard County, Florida (Sixth Avenue)

(2) Zone 2: That property lying north of Wavecrest Avenue known as Nance Sea Turtle Park (Lots 8‑15, Block 66, Plat of Indialantic By the Sea, Plat Book 3, Page 35, Public Records of Brevard County, Florida);

(3) Zone 3: The south side of Wavecrest Avenue from the boardwalk to the intersection of SR A-1-A and Fourth Avenue

(4) Zone 4: The north side of Wavecrest Avenue from the intersection of SR A-1-A and Fourth Avenue to the boardwalk and then both sides of Wavecrest Avenue south to the southern boundary line of Lot 20, Block 38, Indialantic by-the-Sea, Plat Book 3, Page 35, Public Records of Brevard County, Florida

(5) Zone 5: On both sides of Wavecrest beginning at the northern boundary line of Lot 19, Block 38, Indialantic by-the-Sea, Plat Book 3, Page 35, Public Records of Brevard County, Florida, and continuing south to the south side of that portion of Eighth Avenue lying between SR A-1-A and Wavecrest Avenue

(c) Placement of meters. The marking off of individual parking spaces in the metered parking zone described in paragraph (b), and the installation of parking meters in such spaces, is hereby author­ized, ratified, and confirmed. The placement of the meters shall be in accordance with applicable town ordinances.

(d) Deposit of coin required; exceptions. Except in a period of emergency determined by an officer of the fire or police depart­ment, or in compliance with the directions of a police officer, police aide or traffic control sign or signal, when any vehicle shall be parked in any parking space alongside or next to which a parking meter is located, the operator of such vehicle, shall, upon entering the said parking meter space, immediately deposit or cause to be deposited in said meter such proper coin of the United States as is required for said parking meter and as is designated by proper directions on the meter; and when required by the directions on the meter, the operator of such vehicle, after the deposit of the proper coin or coins, shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing there­on; and failure to deposit such proper coin, and to set the timing mechanism in operation when so required, shall constitute a viola­tion of this section. Upon the deposit of such coin (and the setting of the timing mechanism in operation, when so required) the parking space may be lawfully occupied by such vehicle during the period of time which has been prescribed for the part of the street in which said parking space is located; provided, that any person placing a vehicle in a parking meter space adjacent to a meter which indicates that unused time has been left in the meter by the previous occu­pant of the space shall not be required to deposit a coin so long as his occupancy of said space does not exceed the indicated unused parking time. If said vehicle shall remain parked in any such park­ing space beyond the parking time limit set for such parking space, and if the meter shall indicate such illegal parking, then, and in that event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time; and such parking shall be deemed a violation of this section.

(e) Cost; acceptable coins; hours of operation:

(1) The cost of parking or standing a vehicle in a parking meter space located in the parking zone shall be as follows:

a. Zone 1: One dollar ($1.00) per hour

b. Zone 2: One dollar ($1.00) per hour

c. Zone 3: One dollar ($1.00) per hour

d. Zone 4: One dollar ($1.00) per hour

e. Zone 5: one dollar ($1.00) per hour

(2) The parking meters shall be operated in the parking meter zones every day including Sundays and holidays as follows:

a. Zone 1: between the hours of 6:00 a.m. and 9:00 p.m.- for Town Council declared special events and for occasions authorized by the Town Manager the parking time shall be extended to 11:00 p.m. for those portions of the zone as set by the Town Manager

b. Zone 2: between the hours of 6:00 a.m. and 1:30 a.m.

c. Zone 3: between the hours of 6:00 a.m. and 1:30 a.m.

d. Zone 4: between the hours of 6:00 a.m. and 1:30 a.m.

e. Zone 5: between the hours of 6:00 a.m. and 9:00 p.m. – for Town Council declared special events the parking time shall be extended to 11:00 p.m.

(f) Violations. It shall be unlawful and a violation of the provi­sions of this section for any person:

(1) To cause, allow, permit or suffer any vehicle registered in his name to be parked overtime;

(2) To cause, allow, permit or suffer any vehicle registered in his name to remain or be placed in any parking space controlled by any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space;

(3) To cause, allow, permit or suffer any vehicle registered in his name to be parked across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings;

(4) To deface, injure, tamper with, open, break, destroy or im­pair the usefulness of any parking meter installed under the provisions of this section;

(5) To deposit, or cause to be deposited, in any parking meter, any slugs, device or metal substance, or other substitute for lawful coins;

(6) To cause, allow, permit or suffer any vehicle registered in his name to be parked in any manner except front in toward meter.

(7) To cause, allow, permit or suffer any vehicle registered in his name to remain or be placed in any parking space contrary to instructions on a posted sign or direction.

(g) Collection of deposited money. The town administration shall provide for the regular collection of the money deposited in said parking meters.

(h) Penalties:

(1) Any person violating the provisions of subsections (f)(1), (2) or (3) of this section shall be subject to a fine under the terms and conditions as set forth in section 15‑23 of this chapter;

(2) Any person violating the provisions of subsections (f)(4) or (5) herein shall be subject to a fine in an amount not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00).

(i) Enforcement. Section 15‑18.1(f)(1), (2), (3), (5) and (6) shall be enforced by parking enforcement specialists, hired specifically to provide parking enforcement, or by town police officers. Section 15‑18.1(f)(4) shall be enforced by town police officers in accord­ance with state statutes, and the penalty for violation shall be in accordance with section 15‑18.1(h)(2).

(j) Parking permits; issuance; display; use agreements.

(1) Nontransferable, ex­cept as stated in sub-section (k) below, parking permits shall be issued by the town on a calendar year basis, expiring December 31 of the year issued for metered zones 1, 3, 4 and 5. Display of such per­mit shall be by placing the permit on the rear of the vehicle, in a manner easily visible, as approved by the town manager in his reasonable discretion, shall constitute authorization by the town to park in the metered parking zone without complying with subsections (d), (e) and (f)(1) and (f)(2) herein.

(2) The Town Council may approve parking space use agreements with individuals or other legal entities for use of parking spaces within metered parking zones 3 and 4 for other than special events as defined in paragraph (j)(3) below; provided, that the Town Council finds that the application for the proposed parking space use agreement satisfies the following standards:

(A) A demonstrated need for the use agreement is shown to exist by the applicant and other evidence presented;

(B) The parking space use agreement will not be adverse to the public interest;

(C) The number of parking spaces subject to a parking space use agreement shall not exceed the difference between the number of parking spaces a private property owner would be required by the Town Code to have to serve the property to be benefitted minus the number of off-street parking spaces available to serve the property to be benefitted by the parking space use agreement;

(D) The agreement shall provide a license for an individual or legal entity, said individual or legal entity’s invitees, to utilize a public parking space for motor vehicular or motorcycle parking. The individual or legal entity executing the parking space use agreement with the Town shall be a licensee. The agreement shall not convey ownership or an easement interest in individual parking spaces, and the agreement shall be acceptable in form and substance to the town manager and town attorney;

(E) Compensation. During the term of the parking space use agreement, compensation shall be paid by the licensee to the Town for each hour between 6:00 a.m. and 1:30 a.m. of each day that the meters are subject to the parking space use agreement. The rate of compensation shall be as follows:

(i) Zone 3: Individual parking spaces may be utilized at a rate of $55 per parking space per calendar year. Said amount may be prorated for use agreements covering partial years provided the partial year is added to the following calendar year.

(ii) Zone 4: One dollar ($1.00) per hour

(F) The licensee shall properly maintain the parking spaces subject to the parking space use agreement. For the purposes of this provision, “maintenance” shall include keeping all of the parking spaces subject to the agreement clean, free of litter, debris, branches, tree limbs, brush, grass, trash, junk, refuse, inoperative motor vehicles, junk cars and complying with the standards established in the town code, from time to time, for maintenance of private properties;

(G) The parking space use agreement shall provide that it may be canceled at anytime for failure of the licensee to adhere to the provisions of said use agreement, or the need to make a public use of the area included within the parking spaces, all as reasonably determined by the town, or upon a valid public need of the Town for the parking spaces. Upon cancellation, the licensee shall have liability for compensation only until the date of cancellation;

(H) The licensee shall indemnify and save harmless the Town from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of every kind and nature arising of or in any way connected with the licensee’s negligent or other use, occupation, management or control of the parking spaces subject to the use agreement. The licensee will at its own cost and expense, defend any and all claims against the Town, or in which the Town may be impleaded with others in any such action or proceeding arising out of such use or occupancy. The licensee shall agree to satisfy, pay and discharge any and all judgments, orders and decrees that may be entered against the Town in any such action or proceeding to which the Town may be a party and the licensee shall be liable;

(I) The licensee shall continuously provide and maintain at all times during the term of the parking space use agreement, without cost or expense to the Town, policies of insurance including public liability and property damage policies in the amount of $1,000,000.00 single limit liability insuring the licensee and the Town, as an additional insured, against any and all claims, demands, action and causes of action whatsoever for injuries received and damage to the parking spaces or other property in connection with the use or occupancy of the parking spaces subject to the use agreement. All insurance shall be issued by a standard insurance company licensed to do business in the State of Florida by the Florida Insurance Commissioner, of a type and grade acceptable to the town manager/town attorney and shall provide for reasonable notice to the Town prior to cancellation or non-renewal. The licensee shall promptly supply the Town with proof of insurance;

(J) The agreement shall have a duration not to exceed two (2) years;

(K) The licensee shall pay all costs of recording the agreement in the Public Records of Brevard County, Florida; and

(L) The parking spaces subject to a use agreement must specifically and directly serve an operating business in the Town.

(3) The Town Council may approve parking space use agreements for special events with individuals or other legal entities for use of parking spaces within the metered parking zone; provided, that the Town Council finds that the application for and proposed parking space use agreement satisfies the standards set forth in this paragraph. A special event is defined as including but not limited to the following: temporary events such as art shows, or events coinciding with recognized town holidays. The standards include:

(A) A demonstrated need for the use agreement is shown to exist by the applicant and other evidence presented;

(B) The parking space use agreement will not be adverse to the public interest;

(C) The agreement shall provide a license for an individual or legal entity, or said individual or legal entity’s invitees, to utilize a public parking space for motor vehicular or motorcycle parking. The individual or legal entity executing the parking space use agreement with the Town shall be a licensee. The agreement shall not convey ownership or an easement interest in individual parking spaces, and the agreement shall be acceptable in form and substance to the town manager and town attorney;

(D) Compensation. During the term of the parking space use agreement, compensation shall be paid by the licensee to the Town for each hour of each day that the Town Code requires parking meters to be operated in the portion of the metered parking zone in which the parking spaces subject to the parking space use agreement are located. The rate of compensation shall be paid to the Town at a rate of 50 cents per hour per parking space;

(E) The licensee shall properly maintain the parking spaces subject to the parking space use agreement. For the purposes of this provision, “maintenance” shall include keeping all of the parking spaces subject to the agreement clean, free of litter, debris, branches, tree limbs, brush, grass, trash, junk, refuse, inoperative motor vehicles, junk cars and complying with the standards established in the town code, from time to time, for maintenance of private properties;

(F) The parking space use agreement shall provide that it may be canceled at anytime for failure of the licensee to adhere to the provisions of said use agreement, or the need to make a public use of the area included within the parking spaces, all as reasonably determined by the town. Upon cancellation, the licensee shall have liability for compensation only until the date of cancellation;

(G) The licensee shall indemnify and save harmless the Town from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of every kind and nature arising of or in any way connected with the licensee’s negligent or other use, occupation, management or control of the parking spaces subject to the use agreement. The licensee will at its own cost and expense, defend any and all claims against the Town, or in which the Town may be impleaded with others in any such action or proceeding arising out of such use or occupancy. The licensee shall agree to satisfy, pay and discharge any and all judgments, orders and decrees that may be entered against the Town in any such action or proceeding to which the Town may be a party and the licensee shall be liable;

(H) The licensee shall continuously provide and maintain at all times during the term of the parking space use agreement, without cost or expense to the Town, policies of insurance including public liability and property damage policies in the amount of $1,000,000.00 single limit liability insuring the licensee and the Town, as an additional insured, against any and all claims, demands, action and causes of action whatsoever for injuries received and damage to the parking spaces or other property in connection with the use or occupancy of the parking spaces subject to the use agreement. All insurance shall be issued by a standard insurance company licensed to do business in the State of Florida by the Florida Insurance Commissioner, of a type and grade acceptable to the town manager/town attorney and shall provide for reasonable notice to the Town prior to cancellation or non-renewal. The licensee shall promptly supply the Town with proof of insurance; and

(I) The parking spaces subject to a use agreement must serve and benefit a special event actively being held within the Town.

(k) Establishment of annual fee and discount for parking permit; Limitations generally. The town council, from time to time, may establish by resolution the price for an annual fee for a parking permit. Said annual fee schedule may include a discount schedule for permits purchased after a certain date. Annual permits may be issued for parking in metered zones 1, 2, 3, 4 and 5. Unless otherwise specified by resolution of the Town Council, rates for an annual permit (January 1st to December 31st), or for a partial year, shall be as follows:

a. Members of Town boards and committees and councilmembers: Two permits per household free;

b. Full-time and regular part-time employees of the Town: one permit per employee free;

c. Town residents and non-residents of the Town:  $30;

d. Permits issued after May 31st for Town residents and non-residents:  $20;

Town residents may be issued separate permits for each individual car owned by them or resident members of their family. A Town business in metered parking zones 3 and 4 and non-residents of the Town may obtain not more than one (1) permit at any one time. Should a permit holder wish to transfer a permit to a different vehicle, this transfer may be accomplished by returning the originally issued permit to town hall to be destroyed, revoked and exchanged for another permit. (Ord. No. 82‑305, 1, 2‑16‑82; Ord. No. 82‑307, 1, 4‑20‑82; Ord. No. 82‑314, 1, 8‑17‑82; Ord. No. 82‑316, 1, 10‑19‑82; Ord. No. 85‑4, 1, 4‑16‑85; Ord. No. 85‑7, 1, 4‑16‑85; Ord. No. 85‑11, 1, 5‑21‑85; Ord. No. 89‑13, 1, 5‑16‑89; Ord. No. 89‑22, 1, 8‑15‑89; Ord. No. 89‑23, 1, 8‑15‑89; Ord. No. 95-5, 1, 12-20-94; Ord. 95-11, 1, 6-20-95; Ord. No. 96-4, 1, 1-16-96; Ord. No. 96-7, 1, 7-16-96; Ord. 97-4, 1, 3-4-97; Ord. No. 00-03, 1, 5-16-00; Ord. No. 00-04, 1-2, 5-16-00; Ord. No. 01-11, 1-5, 6-19-01; Ord. No. 03-07, 1-3, 6-17-03; Ord. No. 06-03, 1, 1-17-06; Ord. No. 06-10, 1, 7-18-06; Ord. 08-04, 1, 3-18-08; Ord. 08-11, 1-2, 10-21-08; Res. 11-06, 4-19-11; Ord. 12-13, 1, 8-21-12; Ord. 12-16, 1, 10-16-12; Ord. 13-01, 1, 11-20-12; Ord. 17-1, 2, 11-9-16; Ord. No. 17-03, 2, 3, 2-8-17)

Sec. 15-19. Parking in spaces for handicapped persons.

No person shall park any vehicle or bicycle in any designated public parking space located on town-owned or leased property, any roadway open to the public and subject to town jurisdiction excepting a state road, or private property within the incorporated areas of the town, unless such person is a handicapped person as defined in this article, or unless such person is momentarily parking in such parking place for the purpose of unloading or loading a handicapped person as defined herein. (Ord. No. 81-286, 3, 12-16-80; Ord. No. 11-14, 1, 7-27-11)

Sec. 15-20.  Parking, commercial vehicles, trailers or heavy vehicles in residential areas.

(a)            It is unlawful for any person, firm, company, or corporation to park or permit to be parked any commercial vehicle on any public street or on any privately owned property lying within any residential or residential/professional zoning district as defined in Town Code Section 17-4 within the Town. However, this section  shall not prohibit the temporary parking of any such commercial vehicle within any such zone when said commercial vehicle is being used in the process of expeditiously loading or unloading goods or merchandise, for service calls, for town government, approved special events, for on-call tow truck service to the Town, or in the construction or installation of improvements to and/or on the property where so parked within said residential or residential/professional zones.  Nor shall this section prohibit the parking or storage of any commercial vehicle within an enclosed garage or in a manner such that said commercial vehicle is not visible to the public or neighboring properties.

(b)            Nothing herein contained shall prohibit the parking of vehicles of public or private utility companies including but not limited to cable TV, on any public street for a period of time required in the locating, relocating, installation, servicing, testing or repair of equipment of such companies nor shall the provisions of this section be construed to prohibit the parking of any vehicles used in the construction, repair or maintenance of any road, street or alley in such zoning districts.

(c)            For the purpose of this section, vehicles of the following types and sizes shall be considered commercial vehicles:

(1)            Trucks and vans with a total overall length in excess of twenty (20) feet.

(2)            Trucks, walk-in vans or van type bodies, other than those designed primarily for passengers, having a gross vehicle weight in excess of 6,000 pounds, as established by the manufacturer, including vehicles used, or designed for use in the transporting of goods or merchandise or as a temporary or permanent base, platform, or support of equipment, machinery or power plants.

(3)            Truck tractors as defined in Section 316.003(60), Florida Statutes.

(4)            Heavy equipment including but not limited to farm or industrial, construction or earth moving equipment, “off-road” vehicles constructed and designed for use as a tool and not as a hauling unit, buses, and wreckers.

(5)            Any vehicle, regardless of size or weight, with outside lettering displaying information identifying a business or other nonpersonal use of any kind.

(Code 1962, 26‑30; Ord. No. 82‑2, 1, 3‑18‑86; Ord. No. 92-2, 4, 1-21-92; Ord. No. 92-6, 4, 4-21-92; Ord. No. 03-08, 1, 8-19-03)

Sec. 15‑21. Parking regulated on Wavecrest Avenue during certain times of the day and year.

           (a) Except as otherwise provided herein, parking in town designated parking spaces on Wavecrest Avenue (sometimes referred to as Wave Crest Street) shall be permitted at any time of the day or night.  The town council, by resolution, so long as the resolution to change the permissible hours of parking is noticed on the posted agenda, may from time to time, as the need arises, establish the hours during which parking is prohibited on various road segments of Wavecrest Avenue.

(b)  Upon adoption of a resolution further prohibiting parking on any segment of Wavecrest Avenue, notice of said change in parking regulations shall be posted in the affected area at least ten (10) days before active enforcement commences.

(c)  The town council may authorize various individuals to park on Wavecrest Avenue during hours that parking is otherwise prohibited.  Individuals seeking council approval to park on Wavecrest Avenue during hours that parking is otherwise prohibited shall obtain a license or enter into a right-of-way use agreement with the town.  All such licenses or right-of-way use agreements must be approved by resolution adopted by the town council.  A use agreement or a license may be approved upon such terms as the town council finds to be in the public interest: if the individual seeking council approval demonstrates a public necessity for the use of the right-of-way for parking; to provide overnight parking for individuals residing on or visiting with the occupants of adjacent properties; in the event of a public emergency caused by Act of God, weather conditions, or war; or to provide additional reserved parking for temporary public or private events.

(Ord. No. 94-4, 1, 12-7-93)

Sec. 15-22. Repealed.

Editor’s note – Ordinance 94-4, adopted December 7, 1993, repealed this section.

Sec. 15-23. Penalties.

(a) Any person cited for a violation of this article shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty according to the following schedule:

Violation
Within 10 Days After 10 Days After 20 Days After 30 Days
(1) Meter violation $20.00 $25.00 $30.00 $45.00
(2) Parking overtime $20.00 $25.00 $30.00 $45.00
(3) Parking over line $20.00 $25.00 $30.00 $45.00
(4) Parking in a manner contrary to posted directions $20.00 $25.00 $30.00 $45.00

(5) No parking zone $20.00 $25.00 $30.00 $45.00
(6) Loading zone $20.00 $25.00 $30.00 $45.00
(7) Parked double $25.00 $35.00 $35.00 $45.00
(8) Obstructing traffic $25.00 $35.00 $35.00 $45.00
(9) Parked on sidewalk $25.00 $35.00 $35.00 $45.00
(10) Blocking fire hydrant $32.00 $32.00 $32.00 $32.00
(11) Disabled permit only $100.00 $100.00 COURT COURT

(b) Each day any violation occurs or continues shall be a sepa­rate offense. For parking in excess of the time authorized in a public parking space, each succeeding equal time period beyond that authorized as the maximum time period for said parking place shall constitute a separate offense. (Ord. No. 81‑286, 4, 12‑16‑80; Ord. No. 85‑3, 1, 4‑16‑85; Ord. No. 86‑4, 1, 2‑18‑86; Ord. No. 89‑24, 1, 7‑20‑89; Ord. No. 95-5, 2, 12-20-94; Ord. 02-18, 1, 8-20-02; Ord. 09-17, 1, 10-20-09; Ord. No. 11-14, 2, 7-27-11; Ord. 12-17, 1, 10-16-12; Ord. No. 17-03, 4, 2-8-17)

Sec. 15‑24. Issuance of town parking citations.

When any police officer or parking enforcement specialist employed by the town finds a vehicle in violation of the provisions of this article or of signs erected in accord with provisions of this article, said police officer or parking enforcement specialist shall issue a parking citation to the vehicle by placing said citation in a conspicuous place on the vehicle. (Ord. No. 81-286, 5, 12-16-80; Ord. No. 92-2, 4, 1-21-92; Ord. 92-5, 1, 2-18-92; Ord. No. 92-6, 5, 4-21-92)

Sec. 15‑25. Procedures governing payment of civil penalties and proceedings to enforce payment for town parking violations.

(a) Any person issued a Town parking citation, pursuant to section 15‑24, shall answer the citation by either of the following procedures within ten (10) days after the date of issuance of the citation:

(1) Payment of the penalty indicated on the citation may be remitted to the finance director, pursuant to the directions on such citation, or

(2) A hearing may be requested by the person receiving such citation or the cited vehicle’s registered owner for the purpose of presenting evidence before a county judge concerning a parking violation. To request a hearing within ten (10) days of the issuance of the citation, the registered owner or person receiving the citation should take the citation to the Indialantic Town Hall and a hearing will be scheduled for the person at which a County Court judge will determine whether a parking violation has been committed. Any person who requests a hearing and does not appear in accordance with the said statement shall be subject to contempt proceedings or to other such penalties as the court may, in its discretion, impose to require compliance with this article.

(b) Pursuant to the provisions of Section 316.1967, Florida Statutes, an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge, after said hearing, may impose a fine not to exceed one hundred dollars ($100.00) plus court costs for each parking violation for which the person receiving the citation or the registered owner is found to be liable.

(c) Upon receipt of a completed parking citation pursuant to section 15‑24, the parking enforcement clerk shall notify the registered owner of its issuance if there has been no response to the citation pursuant to subsection (a) hereof. Such notice shall be sent by regular mail and shall inform said registered owner concerning the nature and location of the parking violation and direct compliance as specified in subsection (a)(1) of this section within ten (10) days after the date said notice is mailed, according to the records maintained by the parking enforcement clerk.

(d) The parking enforcement clerk shall, not less often than once per calendar month, supply the state department of highway safety and motor vehicles with the registration records of persons who are not in direct compliance with subsection (a)(1) of this section within thirty (30) days of the issuance of the citation. Pursuant to section 316.1967, Florida Statutes, the department shall mark the appropriate registration records of persons so reported, and the provisions of section 320.03(8), Florida Statutes, shall apply to each such person whose registration records have been marked.

Ord. No. 81‑286, 6, 12‑16‑80; Ord. No. 92-5, 2, 2-18-92; Ord. No. 11-11, 1, 5-17-11)

Sec. 15‑26. Owner’s liability for parking violation.

(a) The owner of a vehicle is responsible and liable for payment of any parking ticket violation unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, in the care, custody or control of another person. In such instances, the owner of the vehicle is required, within a reasonable time after notification of the parking violation, to furnish to the appropriate parking enforcement clerk an affidavit setting forth the name, address, and driver’s license number of the person or company who leased, rented, or otherwise had the care, custody, or control of the vehicle. The affidavit shall be admissible in a proceeding charging a parking ticket violation and shall raise the rebuttable presumption that the person identified in the affidavit is responsible for payment of the parking ticket violation. The owner of a vehicle is not responsible for parking ticket violations if the vehicle involved was, at the time, stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle.

(b) At any hearing of the case involving illegal parking in which the owner of said vehicle is being tried under this article, it shall be sufficient evidence upon which the court may rely to establish the name of the registered owner of such vehicle if it can be shown that the name of the registered owner was obtained from the state department of highway safety and motor vehicles. Otherwise, the court may defer the final determination of such case until a certified record or appropriate certificate can be obtained from the office of the department of highway safety and motor vehicles indicating the registered owner of the vehicle on the date on which the citation was issued. (Ord. No. 81‑286, 7, 12‑16‑80; Ord. No. 92-5, 3, 2-18-92)

Sec. 15‑27. Disposition of fines and forfeitures for parking violations; authorized costs.

Except as otherwise provided in this section, all monies received by the finance director as a result of the parking citations issued by the town shall be paid to the Town of Indialantic. (Ord. No. 81‑286, 8, 12‑16‑80; Ord. No. 92-5, 3, 2-18-92)

Sec. 15‑28. Provisions supplemental to statutes regarding liens for removal of vehicles parked without property owner’s con­sent.

The provisions of this article shall be supplementary to and shall not in any way preclude the Town from utilizing the procedures specified in Chapters 713 and 715, Florida Statutes, governing the towing, storage and liens for the removal and storage of motor vehicles when such vehicles are parked on real property without the property owner’s consent. (Ord. No. 81‑286, 9, 12‑16‑80)

Sec. 15‑29. When police may impound and remove vehicle.

Members of the police department are hereby authorized to direct the removal and impoundment of motor vehicles under the circumstances hereinafter enumerated:

(a) 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 motor vehicle are by reason of physical injury incapacitated to such an extent as to be unable to exercise control over said motor vehicle.

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

(c) When any vehicle is left unattended or upon a street or other public property continuously for more than twenty‑four (24) hours and may be presumed to be abandoned.

(d) At any place where official signs or markings prohibit stopping, standing or parking.

(e) When the driver of such vehicle is taken into custody by the police department and such motor vehicle would thereby be left unattended upon a street or public right‑of‑way.

(f) When removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reason. (Code 1962, 26‑26)

Sec. 15‑30. Redemption of impounded vehicle.

No motor vehicle impounded in an authorized garage shall be released therefrom until the towing fee and/or storage charges shall be paid by the owner or his agent. (Code 1962, 26‑26)

15-31. Reserved.

ARTICLE III. ABANDONED OR JUNKED

VEHICLES OR PARTS THEREOF*

Sec. 15‑32. What constitutes abandonment.

Any vehicle, bicycle, or parts thereof to which the last registered owner of record has relinquished all apparent dominion and control, or any vehicle, bicycle, or part thereof, which has been left on public property; or on private property and no arrangement has been made for its removal or storage within an enclosed building with the owner or occupant of the premises upon which it is located within a period of thirty (30) days from the date such vehicle, bicycle or part thereof was left on said property; shall be considered abandoned. (Code 1962, 24‑5)

Sec. 15‑33. What constitutes junk.

Any vehicle, bicycle or part thereof which is in wrecked, partially dismantled, inoperative or worn out condition which condition is such that the vehicle or parts thereof could not be reasonably repaired shall be considered junk. The absence of a license plate and registration decal or sticker, if required, issued by a governmental agency for the current year and displayed on the motor vehicle to which the license plate is registered, or the absence of a current motor vehicle registration shall constitute prima facie evidence that such vehicle is abandoned, junked or discarded. (Code 1962, 24-6; Ord. No. 94-2, 1, 12-7-93)

Sec. 15‑34. Parking, storage on private property.

It shall be unlawful for any person to park, store or leave or permit the parking, storing or leaving of any junk or abandoned vehicle, bicycle, or parts thereof upon any private property within the town for a period in excess of five (5) consecutive days unless such vehicle, bicycle, or parts thereof is completely enclosed within a building or carport or unless such vehicle, bicycle, or parts thereof is so stored or parked on private property in connection with a duly licensed business or enterprise operated and conducted for the repair of said vehicles or bicycles in full compliance with applicable laws, ordinances, or regulations. (Code 1962, 24‑7; Ord. No.94-2, 2, 12-7-93)

Sec. 15‑35. Parking, storage on public property.

It shall be unlawful for any person to park, store, or leave junk or an abandoned vehicle, bicycle, or part thereof on any street, road, highway, alley, public way, or on any public property within the town in excess of twenty‑four (24) hours. (Code 1962, 24‑8)

__________

*State law reference–Supplemental procedure for removal and destruction of abandoned property, F.S. 705.16.

Sec. 15‑36. Police immune from liability.

The chief of police and his designated representatives shall be immune from liability, civil or criminal, for reasonable, good faith trespass upon real property while engaged in the enforcement of this article. (Code 1962, 24‑9)

Secs. 15‑37–15‑44. Reserved.

ARTICLE IV. ALCOHOL CONSUMPTION IN MOTOR

VEHICLES*

Sec. 15-45. Repealed.

(Ord. No. 87‑8, 1, 6‑16‑87; Ord. No. 87‑19A, 1, 11‑17‑87; Ord. No. 17-06, 2, 3-8-17)

Sec. 15‑46. Repealed.

(Ord. No. 87‑8, 2, 6‑16‑87; Ord. No. 87‑19A, 2, 11‑17‑87; Ord. No. 92-1, 1, 3-17-92; Ord. No. 17-06, 2, 3-8-14)

Sec. 15-47. Repealed.

(Ord. No. 87‑8, 3, 6‑16‑87; Ord. No. 87‑19A, 3, 11‑17‑87; Ord. No. 17-06, 2, 3-8-17)

Sec. 15‑48. Repealed.

(Ord. No. 87‑8, 4, 6‑16‑87; Ord. No. 87‑19A, 4, 11‑17‑87; Ord. No. 17-06, 2, 3-8-17)

Sec. 15‑49. Repealed.

(Ord. No. 87‑8, 5, 6‑16‑87; Ord. No. 87‑19A, 5, 11‑17‑87, Ord. 92-1, 2, 3-17-92; Ord. No. 17-06, 2m 3-8-17)