This chapter in all its parts shall be known and may be cited as the "Altamonte Springs Traffic and Vehicles Ordinance".

(Ord. No. 1504-04, § 2, 7-6-04)

This chapter shall be effective throughout the city. The intent of the city commission in adopting this chapter is to establish reasonable and uniform regulations for traffic and parking within the city.

(Ord. No. 1504-04, § 2, 7-6-04)

For the purposes of this chapter the following words and phrases shall have the meaning indicated unless the context clearly indicated otherwise:

Abandoned vehicles means vehicles that are inoperable, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition or without current state license tag if required.

Alley means a street or roadway or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through-vehicular traffic.

Arterial street means any United States- or state-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by the local transportation plan as a thoroughfare street or as part of a major arterial system of streets or highways.

Bicycle means every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor rated at not more than two hundred (200) watts and capable of propelling the vehicle at a speed of not more than ten miles per hour on level ground upon which any persons may ride, having two (2) tandem wheels, and including any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels. The term does not include such a vehicle with a seat height of no more than twenty-five (25) inches from the ground when the seat is adjusted to its highest position or a scooter or similar device.

Bikeway means every way, including highways, which is publicly maintained and which is in some manner specifically designated as open to public bicycle travel, regardless of whether the way is designated for exclusive use of bicycles or is to be shared with other transportation modes.

Business district means the territory contiguous to and including a highway when, within any 600 feet along such highway there are buildings in use for business or industrial purposes. This includes but is not limited to, hotels, banks, office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side, or 800 feet, collectively, on both sides of the highway. This also includes the West Town Center, Regional Business Center and East Town Center as defined in the City's Comprehensive Plan.

Carport means a portion of a principal structure, consisting of a roof and supporting members such as columns or beams, unenclosed from the ground to the roof on at least one (1) side, attached to the principal structure, and designed or used for the storage of a motor-driven vehicles owned and used by the occupants of the building to which it is accessory. The term carport does not include shade structures as defined in the city's land development code section 1.2.1.

Code enforcement division means the city division of code enforcement, and/or any other agency of the city designated by the city manager as having code enforcement responsibilities.

Code enforcement officer means an officer having duty and responsibility for initiating enforcement proceedings of the various codes and ordinances of the city. This city official is charged by law with the authority to issue noncriminal parking citations pursuant to this article.

Commercial vehicle means tractor cab, or tractor trailer or truck with a tandem rear axle or a gross vehicle weight of over ten thousand (10,000) pounds, or having a length greater than twenty-one (21) feet, or height greater than ten (10) feet, or buses used for transporting passengers for a fee, taxicabs, shuttle vans, limousines or vans used to transport passengers for a fee. Any vehicle with external modifications designed to be used for the purpose of lifting objects or persons above the height of the vehicle is included as a commercial vehicle. Step vans, flatbed and stake bed trucks, wreckers, farm equipment, dump trucks and earth moving equipment are included as commercial vehicles. Sport utility vehicles, family vans not transporting passengers for a fee and standard manufactured pick-up trucks, and duel rear wheel pick up trucks used for personal use are expressly excluded from the definition of commercial vehicle. Also excluded from the definition of commercial vehicle are light duty class "A" wreckers when they are authorized by the city, Altamonte Springs Police Department, the Seminole County Sheriff's Office, or the Florida Highway Patrol for on-call emergency service, but only during the period the wrecker operator is actually on call, and all on call governmental emergency vehicles or vehicles of gas, power, telephone, water and sewer service providers during the times when the operator of such vehicle is actually on call. Temporary storage containers or devices such as PODS are excluded from the definition of commercial vehicle.

Community service officer (CSO) means a skilled, parapolice position, directly supporting sworn police officers with directing traffic, and issuing accident, parking and city ordinance violations. In addition, this officer will write reports on "cold calls" and investigative vehicle crashes.

Crosswalk means: (i) that part of the 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; (ii) in the absence of a sidewalk on one (1) side of the roadway, the part of the roadway included within the extension of the lateral lines of the existing sidewalk at right angles to the centerline.

Driver means every person who drives or is in actual physical control of a vehicle.

Emergency repair means any vehicle which develops a mechanical defect after such vehicle has commenced to operate en route, making it unsafe or impossible to proceed further. In such event, it shall be unlawful to stand or park the vehicle during the time necessary to make emergency repairs.

Emergency vehicle such fire department vehicles, police vehicles and ambulances as are publicly owned, and such other publicly or privately owned vehicles as are designated authorized emergency vehicles under the provisions of the state vehicle code.

Enclosed buildings means a completely enclosed garage or shed. A carport is not considered an enclosed building for purposes of this chapter.

Gore area means the painted triangular areas in parking areas or lots indicating the end of a parking row.

Gross vehicle weight means the weight of a vehicle with load, plus the weight of any load thereon.

Hazardous material means the same meaning as defined in Section 103 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et seq.).

Highway, street, road, mean the entire width between the boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular traffic. The terms street, road, and highway are synonymous and interchangeable.

Human-powered vehicle means any vehicle designed to be moved solely by human power.

Intersection means: (i) the area embraced within the prolongation or connection of the lateral curb lines, or right angles, or the area within which vehicles traveling upon different highways, joining at any other angle, may come in conflict; (ii) 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.

Law enforcement officer means any officer authorized to direct or regulate traffic or to make arrest or issue citations for violations of traffic laws or ordinances.

Loading zone means a space reserved for the exclusive use of vehicles during the loading and unloading of passengers or property.

Motor vehicle means any vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved solely by human power and motorized wheelchairs.

Official time means, when defining certain hours herein, eastern standard time or eastern daylight saving time, as may be in current use in the city.

Owner means the requisite owner of a vehicle, as determined by the Florida Department of Highway Safety and Motor Vehicles or other appropriate agency of the several states.

Park or parking means 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 chapter.

Parking fines unit means the division of the police department accepting payment of penalties, for parking violations and issuing receipts for payment of parking violation penalties.

Passenger loading zone means a place reserved for the exclusive use of vehicles while receiving or discharging passengers.

Pedalcycle means: (i) every vehicle propelled solely by human power upon which any person may ride, having two (2) tandem wheels, except scooters and similar devices; and (ii) every vehicle propelled by human power upon which any adult person may ride, having three (3) wheels.

Pedestrian means any person afoot.

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

Police officer means any officer authorized to direct or regulate traffic, or to make arrests or issue citations for violations of traffic laws or ordinances.

Property means any real or personal property within the city which is not a street or highway.

Public service utilities means truck equipment, trailers and vehicles used by public service utility companies engaged in repairing or extending public service utilities.

Recreational equipment/recreational vehicles means recreational vehicles, boats, boat trailers, travel trailers, pick-up campers or coaches, tent trailers or pop out campers, houseboats, self-propelled, van-type campers, motor homes and similar vehicles or items.

Residence district means the territory contiguous to and including a highway not comprising a business district when the property on such highway is in a residential zoning district, or for a distance of three hundred (300) feet or more, is in the main improved with residences, or residences and buildings in use for business.

Right-of-way means land dedicated, deeded or used as a street, alley, walkway, boulevard, highway, roadway, or for public utilities, drainage, access for ingress and egress or other public purpose.

Roadway means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder, even though such sidewalk, berm or shoulder is used by persons riding bicycles or other human powered vehicles. In the event a street or highway includes two or more separate roadways, the term "roadway", as used herein, shall refer to any such roadway separately, but not to all such roadways collectively.

Safety zone means any area within a street or highway which is not open to use of the public for purposes of vehicular traffic, lying outside a roadway as herein defined.

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

Stand orstanding means 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 as may be permitted under this chapter.

Stop when prohibited, means the complete cessation from movement.

Stop or stopping when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

Street construction and maintenance means street construction, maintenance and repair, trucks, rollers and implements.

Temporary storage containers/devices means a container or device used temporarily for storage purposes. i.e., PODS, etc.

Through street means every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways in required by law to yield the right-of-way to vehicles on such through highway in obedience to stop sign, yield sign or other official traffic control device.

Traffic means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances, either singularly or together, while using any highway for purpose of travel.

Traffic control device means any device indicating regulation of traffic, of whatsoever nature, within the city.

Traffic control signal means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

Traffic division means division of the police department of the city, or in the event a traffic division is not established, then said term, whenever used herein, shall be deemed to refer to the police department of the city.

Urban district means the territory contiguous to and including any street which includes structures devoted to business, industry or, dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a quarter of a mile or more along said street.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including trailers, tractors, campers and recreational vehicles and excepting devices exclusively upon stationary rails or tracks.

All other definitions contained in F.S. ch. 316, not in conflict with the definitions of this section, shall be applicable and are incorporated herein by reference.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

It shall be unlawful for any person to operate a vehicle or load a vehicle exceeding eight (8) feet in width or fifteen (15) feet of height on any of the streets of the city other than designated state roads, without a special permit from the chief of police.

(b)

It shall be unlawful for any persons to operate or park a vehicle on a public street or right-of-way within the city limits without a current and valid license plate and validation sticker affixed to the license plate. This section is not intended to apply if the car is registered with a licensed car dealer operating at a business licensed for the sale of vehicles.

(Ord. No. 1504-04, § 2, 7-6-04)

No person shall move a vehicle not owned by such person into any prohibited area or away from the curb a distance that is prohibited under section 24-8 of this chapter.

(Ord. No. 1504-04, § 2, 7-6-04)

F.S. ch. 318, known as the "Florida Uniform Disposition of Traffic Infractions Act," be and the same is hereby adopted by the city and the matters and contents therein in haec verba, as fully and completely as if set forth herein. Copies of said law shall remain on file in the office of the city clerk and shall be available for public inspection and use.

(Ord. No. 1504-04, § 2, 7-6-04)

(1)

The office of the city traffic engineer is hereby established. The city traffic engineer shall be a qualified engineer and shall be the city engineer, or other engineer, as appointed by the director of public works. The city traffic engineer shall exercise the powers and duties as provided in this chapter and in the Code of the City of Altamonte Springs.

(2)

The city traffic engineer is authorized but not required to determine the installation and maintenance of official traffic-control devices; to conduct engineering analyses of traffic accidents and to devise remedial measures; to conduct engineering investigations of traffic conditions; to plan the operation of traffic on the streets of the city, and to cooperate with other city, state and local government officials, and mass transportation agencies in the development of ways and means to improve traffic conditions, and to carry out the additional powers and duties imposed by ordinances of the city.

(3)

The city traffic engineer is authorized to place and maintain official traffic-control devices when and as needed in his determination to make effective the provisions of this chapter. The city traffic engineer may place and provide for city forces or representatives to maintain such additional official traffic-control devices he deems advisable to regulate, warn or guide traffic under the traffic regulations of the city or the state manual on uniform traffic control devices. All traffic-control signs, signals and devices shall conform to the manual or uniform traffic control devices and specifications approved by the Florida Department of Transportation.

(4)

Without in any way limiting the authority granted in subsection (1) to regulate, warn and guide traffic, the city traffic engineer, acting on the basis of engineering judgment and traffic investigation, shall also have the following specific authority, subject to any limitations in the state vehicle code:

(a)

To designate crosswalks, safety zones, stops and stands for (streetcars), buses, taxicabs and other passenger common-carriers, loading zones and passenger loading zones;

(b)

To determine and establish the speed limit applicable to all streets within the jurisdiction of the city;

(c)

To determine the kinds and classes of traffic and the maximum size and weight of vehicles permitted on any street or portion of street;

(d)

To determine and designate lanes for the exclusive use of transit buses or high-occupancy vehicles, reverse-flow lanes and commercial vehicle routes;

(e)

To regulate the stopping, standing and parking of vehicles, including the installation of parking meters on streets and in city operated, off-street parking facilities;

(f)

To determine and designate hazardous material routes subject to any law or regulation of this state or the United States Government; and

(g)

To test traffic-control devices under actual conditions of traffic, subject to laws and regulations of this state or of the United States Government.

(Ord. No. 1504-04, § 2, 7-6-04)

No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic, and with the curbside wheels of the vehicle within twelve (12) inches of the edge of the roadway, except upon a street which has been marked or a sign erected for angle parking, a vehicle shall be parked at the angle to the curb indicated by such mark or sign.

(Ord. No. 1504-04, § 2, 7-6-04)

(1)

No person driving or in charge of a motor vehicle shall permit it to stand unattended with the ignition key in the vehicle whether or not the motor is in use.

(2)

Whenever any motor vehicle standing unattended with ignition key in the vehicle is found in violation of this section, police officer or community service officer is authorized to remove such key from such vehicle and to post a notice in such vehicle stating where the key may be recovered.

(Ord. No. 1504-04, § 2, 7-6-04)

No person shall stop, stand or park a vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of the police officer or traffic-control device:

(a)

On a sidewalk or in such a manner that any part of such vehicle is protruding over a sidewalk or any part of the sidewalk area;

(b)

In front of a public or private driveway in a manner that obstructs either the driveway or obstructs the view of other vehicles from the driveway;

(c)

Within an intersection;

(d)

Within fifteen (15) feet of a fire hydrant;

(e)

On a crosswalk;

(f)

Within 20 feet of a crosswalk at an intersection, or any crosswalk, unless permitted to do so by appropriate signs or devices posted in such areas;

(g)

Within thirty (30) feet of any flashing beacon, stop sign or other official traffic-control device located at the side of a roadway, unless different length is indicated by signs or markings;

(h)

Between a safety zone and the adjacent curb within thirty (30) feet of points on the curb, immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

(i)

Within fifty (50) feet of the nearest rail of a railroad crossing.

(i)

Within twenty (20) feet of the driveway entrance to any fire station and on the side street opposite such station, if prohibited by a sign;

(k)

On a roadway side of any vehicle stopped or parked at the edge or curb of a street or on the roadway end of any vehicle parked at an angle to the curb or street edge, except commercial vehicles engaged in loading or unloading from 2:00 a.m. to 7:00 a.m. only;

(l)

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

(m)

At any place where an official sign prohibits stopping, standing or parking;

(n)

Opposite of dead-end or job street outside the central business district;

(o)

At any place in such a manner as to block access to commercial refuse containers by city authorized refuse removal equipment;

(p)

Alongside any curb which has been painted yellow, red or white, unless otherwise permitted by appropriate signs or devices posted by the city;

(q)

In any parking space specifically designated and marked for the disabled, unless such vehicle displays a parking permit, or license plate, as required by state law; or in such a manner as to block or obstruct a wheelchair ramp;

(r)

In any parking space marked "Parking by Permit Only", unless such vehicle has affixed inside the left front window of vehicle the appropriate decal issued by the parking signs unit;

(s)

In a designated bus stop or taxi cab stand, unless the vehicle is a bus or taxicab respectively;

(t)

(i)

A person shall not park a vehicle upon private property, whether improved or vacant, without the express or implied permission or invitation of the owner or person in control of the property.

(ii)

Permission or invitation to park on private property may be implied only when the area the vehicle is parked is adjacent to a business establishment, and is normally used for parking by patrons of that business, and only when the parking does not violate any parking restrictions clearly noted on a sign or signs in the area where the vehicle is parked;

(iii)

No commercial vehicles shall be parked on public streets or on or within privately owned driveways or property within residential or business districts of Altamonte Springs, Florida, except for loading or unloading purposes, or when parked within a completely enclosed garage;

(iv)

Temporary storage container/devices and non-tractor cab/tractor trailer, rental trucks used specifically for moving, i.e., U-haul, Ryder, etc., shall be allowed to be parked only in a front driveway in residential areas for up to seventy-two (72) hours;

(u)

In an area designated as a fire lane;

(v)

On any property owned or controlled by the city not designated for parking;

(w)

In painted safety zones or gore areas on roadways within the city, except for emergency purposes. Any vehicles parked in such an area for more than two (2) hours will be towed at the owner's expense pursuant to the provisions of this chapter.

(x)

On the shoulders or medians of Interstate 4 and all state and county roadways within the city limits except for emergency purposes. Any vehicle parked on such a shoulder or median for more than twenty-four (24) hours will be towed at the owner's expense pursuant to the provisions of this chapter.

(Ord. No. 1504-04, § 2, 7-6-04)

No person shall stop, stand or park any vehicle in the street in such a manner or under such conditions as to leave available less than ten (10) feet of the width of any lane of the roadway for free movement of vehicular traffic, except that a driver may stop momentarily during the actual loading or unloading of passengers or when necessary in obedience to a traffic regulation, a traffic sign or signal, or a law enforcement officer.

(Ord. No. 1504-04, § 2, 7-6-04)

No person shall park a vehicle at any place where an official sign or marking prohibits parking.

(Ord. No. 1504-04, § 2, 7-6-04)

When a sign is erected prohibiting parking, no person shall park a vehicle, at any time, upon any of the streets or portion of the streets as designated by the city.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to be parked overtime or beyond the period of legal parking time, and any vehicle in any parking zone longer than the time limit fixed for such zone, by sign or ordinance, shall be considered illegally parked.

(b)

It shall be unlawful to relocate a vehicle from one parking space within the same parking zone, or to relocate a vehicle temporarily from the same parking space, unless the vehicle has left the parking zone for an amount of time equal to or greater than the legal time limit for the parking fixed for such zone.

(c)

It shall be unlawful to roll the tires of a vehicle to remove or obscure, or attempt to remove or obscure, or to attempt to remove or obscure, the markings made by the parking enforcement personnel prior to removing the vehicle from the parking zone.

(Ord. No. 1504-04, § 2, 7-6-04)

No person shall stand or park a vehicle upon a public or private street, public or private parking lot or any other public property for the purposes of:

(1)

Displaying such vehicle or item towed by or placed upon such vehicle thereon for sale, hire or rental;

(2)

Painting, greasing or repairing such vehicle, except repairs necessitated by an emergency;

(3)

Displaying advertising;

(4)

Selling merchandise from the motor vehicle, except in a duly established market place or when so authorized under the laws of the city.

(Ord. No. 1504-04, § 2, 7-6-04)

No person shall stop, stand or park a vehicle in any place marked as a passenger loading zone for a period of time longer than the time indicated by signs or other appropriate marking or devices.

(Ord. No. 1504-04, § 2, 7-6-04)

The driver of a bus, or taxicab shall not stand or park upon any street, at any place other than a bus stop, or taxicab stand, respectively. However this provision shall not prevent the driver of such vehicle from temporarily stopping, in accordance with other stopping or parking regulations, at any place for the purpose of, and while actually engaged in, loading or unloading passengers.

(Ord. No. 1504-04, § 2, 7-6-04)

For the purpose of this section, "parkway" is defined as that area from the right-of-way line to the edge of the pavement of the lateral lines of a roadway, including any grassy or unpaved median between two (2) paved areas.

(1)

It shall be unlawful for any person to park any motor vehicle in or on a parkway except:

a.

Motor vehicles owned and operated by the city, by a public or private utility, or by the county, state or federal government when such vehicles are engaged in the performance of work by employees of said agencies in the course and scope of their employment.

b.

Ambulances used for necessary emergency service to the public, the operator of such vehicles being subject to call at all times of the day or night may also be parked where otherwise prohibited in the various zoning districts at the residence of such operator, but only one (1) such vehicle may be so parked, and only while the operator of the vehicle is actually on call.

c.

Parkway areas which have been officially designated and signed by the city as permissible areas for parking, when such is deemed to be in the public interest after review by the traffic engineer and the chief of police.

(Ord. No. 1504-04, § 2, 7-6-04)

(1)

No vehicles greater than ten thousand (10,000) pounds manufacturer's gross vehicle weight or designed to carry sixteen (16) or more passengers, or requiring a commercial drivers license (CDL) or any endorsement to operate shall be parked or stored in any residential zoning district.

(2)

Vehicles that are inoperable or that do not have a current and valid license plate or, as required by the regulations of state where vehicle is registered, and validation sticker affixed to the license plate are prohibited within the city, unless stored in a completely enclosed structure. Commercial businesses, specifically licensed to store, repair and/or sell vehicles are exempt from this section.

(3)

No vehicle with external refrigeration units may operate said units when parked within the residential zoning districts.

(4)

No back-up noise alarms may operate between the hours of 10:00 p.m. and 7:00 a.m.

(5)

No vehicles may be parked or stored in the front yard forward of the edge of the principal dwelling except on the approved driveway.

(6)

No commercial vehicle may be stored or parked in residentially zoned areas, unless such vehicle is stored in a garage or other approved fully enclosed area.

(7)

Except where expressly permitted by this chapter or the Florida Statutes, no commercial vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored on residentially zoned property.

(8)

No vehicle shall extend over, or interfere with the use of any sidewalk or right-of-way intended for pedestrian or vehicular traffic.

(9)

All vehicles parked or stored on property must be registered or assigned to the resident or their temporary guest.

(10)

No vehicle or equipment shall be parked or stored in a manner which obstructs access to any door, window, or other entrance to or exit from the dwelling.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

Except where expressly permitted by this chapter or the Florida Statutes, no recreational vehicles/equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on residentially zoned property.

(b)

Recreational vehicles/equipment may be parked in areas zoned for multifamily residential use provided that such areas are approved for such use by the owner of the property and included in the city's approved site plan for such property.

(c)

If required, recreational vehicles/equipment shall have a current license plate or validation sticker. Recreational vehicles/equipment shall be parked or stored in the side yard or rear yard provided that no more than one (1) side yard on any property is used for such purpose and provided that no part of the recreational vehicles/equipment may be parked between any structure, accessory structure or part of such structure and the front yard. This section is intended to restrict such parking in front yards as commonly construed.

(d)

Recreational vehicles/equipment may be temporarily parked in the driveway of the principal structure on the lot it is stored and parked for trip preparation, loading, unloading and cleanup for a maximum of seventy-two (72) hours in any seven-day period.

(e)

Recreational vehicles/equipment shall not be parked or stored within a public right-of-way.

(f)

It shall be unlawful for any recreational vehicles/equipment to extend over, or interfere with the use of any sidewalk or right-of-way intended for pedestrian or vehicular traffic.

(g)

Recreational vehicles/equipment shall not be connected to water, sewer or electric lines or be used for residential purposes. Such vehicles may be connected to battery chargers.

(h)

Recreational vehicles/equipment may be parked entirely within a garage, or other fully enclosed area.

(i)

City residents may allow their guests to temporarily park recreational vehicles/equipment for up to ten (10) days in the driveway, or in the side or rear yard, provided that at least thirty (30) days must lapse before such guest parking will be permitted on the same property.

(j)

Recreational vehicles/equipment may not be parked in any location less than five feet from any rear or side property line; provided that such recreational vehicles/equipment shall be screened from view from all abutting property by an opaque, six-foot fence or by vegetation which is at least seventy-five (75) percent opaque and at least six (6) feet high.

(k)

Removal of any trees to allow for recreational vehicle/equipment parking must be done pursuant to the city Land Development Code and must meet tree replacement minimums for single family homes as set forth in article VIII, division 3 of the Land Development Code.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

A person who was already parking a recreational vehicle in a front yard area as of the effective date of this chapter may apply to the city (within one hundred twenty (120) days from the effective date of this chapter [July 6, 2004]) for an administrative waiver to the side/rear yard recreational vehicle parking requirements.

(b)

If a person who was already parking a recreational vehicle in a front yard area as of the effective date of this chapter [July 6, 2004] applies to the city for a waiver of the rear/side yard recreational vehicle parking regulations within one hundred twenty (120) days of the effective date of this chapter [July 6, 2004], city code enforcement staff shall investigate the waiver application and, within thirty (30) days from the date of the application, grant or deny the waiver.

(c)

A waiver application hereunder shall be granted if the following conditions are met:

(1)

The applicant was already parking a recreational vehicle in a front yard area as of the effective date of this chapter [July 6, 2004]; and

(2)

The applicant filed the waiver application within one hundred twenty (120) days of the effective date of this chapter [July 6, 2004]; and

(3)

The applicant cannot park the recreational vehicle in the side or rear yard due to an obstruction caused by a building, wall, tree greater than twelve (12) inches in diameter or elevation which makes parking the recreational vehicle in side or rear yard impossible; and

(4)

The applicant has provided a survey/parking plan depicting the proposed front yard recreational vehicle parking and showing legal accommodation on the property for all passenger vehicles usually and typically parked at the property; and

(5)

The applicant has paid the waiver application fee of fifty dollars ($50.00).

(d)

A waiver granted hereunder shall first apply to the rear or side/rear five-foot setback requirements; if the recreational vehicle could still not be parked in the side or rear yard after waiver of setbacks, the waiver would allow recreational vehicle parking in the front yard area (within five (5) feet of side property lines and up to five (5) feet from right-of-way).

(e)

Waivers granted hereunder for front yard area parking shall allow parking in front yard area on pervious material.

(f)

Waivers granted hereunder are valid solely for that property owner at that property. Waivers shall not transfer to subsequent purchasers of the property.

(g)

All recreational vehicles parked in front yard areas pursuant to a waiver must be kept clean and in an operable condition and maintained in a well-kept, neat manner and appearance. Failure to properly maintain the recreational vehicle shall cause the city to revoke the waiver upon written notice to owner and failure to clean and maintain the recreational vehicle after ten (10) days from receipt of notice.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

Any vehicle or recreational vehicle/equipment which is not operable or is not properly licensed and registered shall be considered to be in storage or under repair. Where the vehicle or recreational vehicle/equipment appears to be inoperable, and the owner fails or refuses to demonstrate otherwise to a city official or inspector, the vehicle or recreational vehicle/equipment shall be presumed to be inoperable.

(b)

Storage or repair of commercial vehicles in residential districts is prohibited.

(c)

Outside repair of noncommercial vehicles or outside or repair of recreational vehicles/equipment owned by the property owner or tenant is permitted for not more than seventy-two (72) consecutive hours in any residential district, after which time the vehicle must be removed from the premises or stored inside an enclosed garage for at least five (5) consecutive days.

(Ord. No. 1504-04, § 2, 7-6-04)

Police officers, community service officers and traffic enforcement technicians are hereby authorized to remove any vehicle within the city to a public garage or other place of safety, at the owner's expense, under the circumstances hereinafter enumerated:

(1)

When any vehicle is left unattended:

a.

On a sidewalk;

b.

In front of or blocking a public or private driveway;

c.

Within fifteen (15) feet of a fire hydrant or in a fire lane;

d.

Within an intersection;

e.

On a crosswalk;

f.

Between a safety zone and the nearest curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the city has indicated a different length;

g.

In a space designated for emergency vehicles only;

h.

Within twenty (20) feet of a driveway entrance of fire station and, if prohibited by a sign, on the side of a street opposite such station;

i.

Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic and is prohibited by sign;

j.

Any place where official signs prohibit parking, standing or stopping and the vehicle is obstructing traffic or otherwise creating a safety hazard;

k.

In a city off-street parking facility for any period of time longer than twenty-four (24) hours, or upon any street longer than seventy-two (72) hours;

l.

Upon any bridge, elevated structure, viaduct, causeway, tube or tunnel, where such vehicle is obstructing traffic or otherwise creating a safety hazard;

m.

For more than two (2) hours in a painted safety zone on roadways within the city;

n.

For more than twenty-four (24) hours on the shoulder or median of Interstate 4 or state roadways within the city limits.

(2)

When any vehicle is obstructing traffic or otherwise creating a safety hazard and the person in charge of the vehicle is absent, or by reason of physical injury or condition, is incapacitated to such an extent as to be unable to provide for its custody or removal.

(3)

When any vehicle is parked on any parking facility or area designated or used in connection with City Hall, the police station or other facilities of the city in violation of the posted signs and the permitted use.

(4)

When any vehicle remains stopped or parked on any property owned or controlled by the city, not designated for parking, for a period of longer than twelve (12) hours.

(Ord. No. 1504-04, § 2, 7-6-04)

The removal, impoundment and immobilization of vehicles bearing outstanding citations shall be done in accordance with Florida Statutes and as follows:

(1)

Any motor vehicles found parked at any time upon any street or in any off-street parking facility in the city against which there are five or more outstanding or otherwise unsettled parking violations notices for which no hearing has been requested within the requisite time period, and for which a notice of summons has been mailed, may by or under the direction of city police department, a community service officer or traffic enforcement technician be immobilized in such a manner as to prevent its operation. Immobilization of vehicles pursuant to this section shall be accomplished by means of a vehicle immobilization device or another nondestructive device which prevents the vehicle from moving under its own power. Vehicles shall only be immobilized by means of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.

(2)

If, after contacting the appropriate state agency which acts as custodian of vehicle registration and license tag records for the state from which the license tag attached to the motor vehicle was issued, the city community service officer or traffic enforcement technician or city police department is unable to determine the motor vehicle owner's address, the motor vehicle may be immobilized in accordance with the provisions of the preceding subsection (1), except it shall not be necessary for the city community service officer, traffic enforcement technician or city police department to mail notice of summons before the motor vehicle may be immobilized.

(3)

It shall be the duty of the traffic enforcement technician, community service officer or law enforcement officer immobilizing such motor vehicle, or under whose direction such vehicle is immobilized, to post on such vehicle, in a conspicuous place, notice sufficient to inform the owner or operator of the vehicle that:

a.

Such vehicle has been immobilized pursuant to and by the authority of this article; and

b.

The owner of such immobilized vehicle, or other duly authorized person, shall be permitted to repossess or to secure the release of the vehicle upon compliance with either of the following alternative procedures:

1.

Payment to the city of a service charge of fifty dollars ($50.00) for removal of the immobilization device; or

2.

Posting with the city of a cash or surety bond or other adequate security equal to the amount of fifty dollars ($50.00). If, during the hearing on the outstanding parking violation notices which necessitated the immobilization of the vehicle, the city prevails on any or all of the outstanding violations, the fifty-dollar cash or surety bond shall be forfeited to the city.

(4)

The notice shall be signed by the law enforcement officer, a community service officer or traffic enforcement technician and shall indicate his/her identification number.

(5)

It shall be unlawful for anyone, except those persons authorized by the Altamonte Springs Police Department to remove or attempt to remove, tamper with, or in any way damage or alter the immobilization device.

(6)

Any vehicle immobilized as authorized under this chapter shall be subject to impoundment as authorized by Florida Statutes and the provisions of this chapter.

(7)

Impoundment of vehicles pursuant to this chapter shall be accomplished by means of removal of the vehicle to the nearest facility or other place of safety, or to a facility designated or maintained by the municipality. Such vehicle shall be impounded until lawfully claimed, and if not claimed within thirty (30) days after it has been impounded by the city, it shall be disposed of in accordance with applicable ordinances, rules and regulations of the city. If any such vehicle is lawfully claimed, within the aforesaid time, it shall be released only upon payment in cash for all cost of impounding, including but not limited to, towing and storage as well as all payment in cash of all outstanding fines and citations.

(Ord. No. 1504-04, § 2, 7-6-04)

When a vehicle is removed under this chapter, notice of storage and costs shall be sent to the vehicle owner within seven days via certified mail, return receipt requested, pursuant to the provisions of F.S. § 713.78.

(1)

Owner responsibility. The cost of towing, booting or removing a vehicle impounded or immobilized under this section and the cost of storing the same or removing the immobilization device, shall be chargeable against the vehicle owner and shall be a lien upon the vehicle. The owner of the vehicle shall pay these charges and any outstanding parking tickets, administrative delinquency or collection fees owed, before the vehicle will be released. The vehicle shall be stored in a private place and the towing and/or storage charges shall be that which is set by the private towing company. All of such charges shall be the responsibility of the vehicle owner.

(2)

Notice to owner. Upon taking possession of any vehicle, as provided in this section, the towing company shall follow guidelines set forth in F.S. § 715.05 regarding notification of owner, upon towing or removing a motor vehicle. Notification shall be by certified mail, return receipt requested, and shall notify the owner and all lien holders of the location of the vehicle and the fact that it is unclaimed. Notice shall be given within seven days, excluding Saturday and Sunday, from the date of storage and shall be complete upon mailing. If the state of registration is unknown, a good faith best effort to notify the owner shall be made, and such notice shall be given within a reasonable period of time form the date of storage.

(3)

Recovery. The registered owner of a towed, impounded or immobilized vehicle shall be entitled to recover such vehicle only after making payment for the charges and expenses for the cost of towing or immobilizing such vehicle, plus the cost of storage and any outstanding parking tickets, administrative delinquency or collection fees owed of such vehicle herein specified. The registered owner of such vehicle shall be responsible for paying the charges and fine(s) as herein provided whether or not such registered owner was the person who unlawfully parked or left standing such vehicle and in each instance the Altamonte Springs Police Department, community service officer or traffic enforcement technician shall require payment of the sums herein provided for before restoring possession of such vehicle to the registered owner.

(4)

Sale of unredeemed vehicles. If an impounded vehicle is not claimed and all charges paid within thirty (30) days after a law enforcement officer, a community service officer or traffic enforcement technician has taken possession of such vehicle, an action may be commenced in the county court, or in any other court, by the city attorney in the name of the city, as plaintiff, and against the name of the owner, as defendant, for the amount of the charges due, plus attorney's fees and costs incurred in the action. Upon judgment being obtained in favor of the city, the vehicle may be levied upon and sold for the purpose of satisfying the judgment.

(Ord. No. 1504-04, § 2, 7-6-04)

At the time of the release to owner of a vehicle pursuant to section 24-24, the owner of such vehicle or other duly authorized person, shall inspect the vehicle and shall give a receipt to the chief of police or his designee reciting any claims the owner has for loss or damage to the vehicle.

(Ord. No. 1504-04, § 2, 7-6-04)

Violation of either F.S. § 316.1955, "Enforcement of parking requirements for persons who have disabilities", or article I, subsection 24-10(q), of this chapter shall be punishable by a fine of up to $250.00, in accordance with the provisions of this Code, in addition to any other penalty which may be lawfully imposed under Florida Statutes.

(Ord. No. 1504-04, § 2, 7-6-04)

Any person who stops, stands or parks a vehicle in more than one (1) space allotted for stopping, standing or parking shall pay the appropriate fee or fines for the number of spaces utilized, as set forth in the "Schedule of civil penalties for parking violations," section 24-34 of this chapter.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

Fire lanes shall be established by the fire marshal on private property devoted to public use where the parking of motor vehicles or other obstructions may interfere with ingress and egress of fire department vehicles for the protection of persons or property, such as shopping centers, bowling lanes, theaters, hospitals, churches, private alleys, and similar locations.

(b)

Marking of fire lanes designated by the fire marshal shall be done by the owner or lessee of the private property. Fire lane pavement markings and signs shall be of a type and constructed to conform with the Altamonte Springs Land Development Code and be furnished and erected by the owner or the lessee of the private property.

(c)

Parking of motor vehicles within or otherwise obstructing of fire lanes shall be prohibited at all times.

(d)

Any vehicle found parked in a fire lane shall be ticketed with a parking ticket by the city. The fine for parking in a designated fire lane shall be fifty dollars ($50.00).

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

It shall be unlawful for any person driving or operating any vehicle to cross any sidewalk or bike path in the city for the purpose of driving across private property in order to cut corners or to take short cuts whether or not there shall be a driveway constructed across the sidewalk at the place of crossing, This section shall not render it illegal to cross any sidewalk at any place where a driveway has been constructed if the purpose of entering private property is for the transaction of any lawful business thereon.

(b)

If any person shall so drive any vehicle across any sidewalk, or bike path the fact that he/she shall not bring the vehicle to a full stop upon the private property shall be prima facie evidence that he/she did not enter the private property for the purposes of transacting any lawful business thereon. Any person charged with the violation of this section may show by competent evidence that he/she entered the property for the purpose of transacting business thereon.

(Ord. No. 1504-04, § 2, 7-6-04)

Under authority of F.S. ch. 316, the owner of a vehicle is responsible and liable for payment of any parking violation under this chapter unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, stolen or in the care, custody or control of another person, or under lease. In such instances, the owner of the vehicle is required, within a reasonable time after notification of the parking violation, to furnish the city, the name and address of the person or company who leased, rented, or otherwise without authority had the care, custody or control of the vehicle. The owner of a vehicle shall not be held responsible for parking violations for a vehicle which was stolen or under lease in the care custody, or control of some person who did not have permission of the owner to use the vehicle. Prima facie evidence that the vehicle involved was, at the time, stolen or under lease or in the care, custody or control of some person who did not have permission of the owner to use the vehicle, shall be in the form of a report from the appropriate law enforcement official that the said vehicle was stolen or under lease or not under the care, custody or control of the owner of the vehicle.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

The holder of a controlled vehicular decal/permit shall be permitted to stand or park a motor vehicle, displaying the decal/permit and operated by him/her, in any designated controlled vehicular parking area and designated zone during such times and places as the parking of motor vehicles therein is permitted. While a vehicle for which a parking decal/permit has been issued is so parked, the decal shall be permanently affixed inside the left front window of the vehicle and the permit shall be placed on the left side of the dashboard.

(b)

A controlled vehicular parking area decal/permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking of a motor vehicle is prohibited or set aside for specific types of vehicles, nor exempt the holder from the observance of any traffic regulations within the controlled parking area.

(c)

A person other than the decal/permit holder named thereon shall not use the residential parking decal/permit or display it on a vehicle operated or parked, any such use or display by a person other than the decal/permit holder shall constitute a violation of this article by the decal/permit holder and by the person who so used or displayed the parking decal/permit.

(d)

It shall constitute a violation of this article for any person to falsely represent himself as eligible for a controlled vehicular parking decal/permit or to furnish any false information in an application to the city in order to obtain a controlled vehicular parking area decal/permit.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

There is hereby created a parking fines unit (PFU) of the police department which shall accept payment of civil penalties for parking violations and issue receipts therefore. The parking fines unit (PFU) shall maintain a record of such civil penalties and shall, on a daily basis, report the monies collected and deposited in the city's depository bank.

(b)

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, then the parking fines unit (PFU) shall assess the appropriate delinquent fee per violation against the registered owner of the motor vehicle, informing such owner of the parking violations notice and the failure to comply therewith. Such notice shall direct the recipient to respond within ten (10) calendar days. Costs in the amount of five dollars ($5.00) shall be assessed incident to this notification process.

(c)

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 and may, if found guilty, be fined up to three (3) times the amount of the fine for each parking violation notice for which there has not been compliance.

(d)

A violation of section 24-35 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.

(e)

Two dollars ($2.00) from each paid parking citation issued under this section will be placed into the law enforcement training fund for the city.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

Any police enforcement officer, community service officer or traffic enforcement technician is empowered to issue a parking violation notice (parking ticket/citation) upon personal observation of a violation or violations of the parking regulations set forth in this chapter.

(b)

The parking violation notice shall be in a form substantially similar to the following:

PARKING VIOLATION NOTICE

State of Florida
County of Seminole       No. 018042

City of Altamonte Springs

The undersigned certifies that:

(Ord. No. 1504-04, § 2, 7-6-04)

At the discretion of the Clerk of the Court of Seminole County, Florida, or the city police department, the Clerk of the Court of Seminole County, Florida, or the city police department may supply the Florida Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge or send by other electronic means data which is machine readable by the installed computer system at the department of highway safety and motor vehicles, listing persons who have three (3) or more outstanding parking violations, including violations of F.S. § 316.1955.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

It shall be unlawful for a person or entity to neglect to answer to the charge set forth in a parking violation notice affixed to a motor vehicle owned or under the control of the person or entity by a police officer, community service officer or traffic enforcement technician.

(b)

The notice referred to in subsection (a) of this section, a parking violation notice, is the property of the city before and after the serving, delivery and affixing thereof. 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 transmit the same to the Altamonte Springs Police Department Parking Fines Unit (PFU) when answering to the charge set forth in such notice.

(Ord. No. 1504-04, § 2, 7-6-04)

No person, whether the recipient thereof or otherwise, shall willfully throw away, alter, mar, mutilate, destroy or discard the parking violation notice of the city.

(Ord. No. 1504-04, § 2, 7-6-04)

It shall be unlawful for any person to place in the envelope, provided with and accompanying a parking violation notice, any non-paper item or object. Paper items include the written notice, currency and checks.

(Ord. No. 1504-04, § 2, 7-6-04)

(a)

There is hereby adopted the following schedule of civil penalties for parking violations occurring within the city for which payment is to be made at the parking fines unit of the city located at the police department, 225 Newburyport Ave., Altamonte Springs.

(b)

The penalties are to be paid within thirty (30) calendar days of the date of issuance of the parking violation notice by either hand delivery to the parking fines unit or by mailing the payment in a postage paid envelope to the Parking Fines Unit of the City of Altamonte Springs, 225 Newburyport Avenue, Altamonte Springs, FL 32701.

(1)

If such penalty is not paid within thirty (30) calendar days as above provided, the amount of the civil penalty shall be ten dollars ($10.00) greater than the amount specified for the parking violation as provided above.

(c)

Any person receiving a parking violation shall pay the civil penalty as prescribed in subsection (a) of this section 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 as set forth in this section. The judge, after a hearing, shall make a determination as to whether a violation has been committed. If the commission of the violation has been proven, the judge may impose a fine not to exceed three (3) times the amount of penalty, plus court costs.

(d)

If an individual who has received a parking violation notice for parking a motor vehicle in a parking space, the proper use of which required a specific permit, decal, or placard appears at the offices of the parking fines unit within five (5) working days of the date of such notice and furnishes proof that the required permit or decal was issued to such motor vehicle and that such permit or decal was valid on the date of the violation, the parking fines unit may reduce the civil penalty authorized by this section to five dollars ($5.00).

(e)

After thirty (30) days, if the fine remains unpaid and if no hearing has been requested, the outstanding balance owed shall be turned over to a collection agency for collection.

(Ord. No. 1504-04, § 2, 7-6-04; Ord. No. 1611-09, § 1, 12-1-09)

(a)

It shall be illegal for pedestrians to cross a roadway in a commercially zoned district except on a crosswalk.

(b)

Pedestrians must cross at marked and unmarked crosswalks.

(Ord. No. 1504-04, § 2, 7-6-04)

All definitions, prohibitions, procedures and policies from article I, "Traffic and Parking Regulations," are hereby incorporated by reference into article II, "Abandoned Vehicles."

(Ord. No. 1504-04, § 3, 7-6-04)

(a)

Any building inspector, code compliance officer or duly constituted law enforcement officer may assist in the enforcement of this article.

(b)

It is the intent of the city commission that the enforcing officer attempt to abate any violation of this article prior to the commencement of the appropriate legal proceedings.

(Ord. No. 1504-04, § 3, 7-6-04)

Except as otherwise provided in this article, this article shall be cumulative and supplemental to any zoning ordinance or regulation currently in effect.

(Ord. No. 1504-04, § 3, 7-6-04)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned vehicles means vehicles or parts of vehicles that are inoperative, wrecked, partially dismantled or otherwise mechanically incapable of being operated in their present condition or without current state license tag if required.

(Ord. No. 1504-04, § 3, 7-6-04)

It is found by the city commission that abandoned vehicles are a public nuisance for the following reasons:

(1)

Such vehicles, if stored in the open on private property, or if abandoned on public rights-of-way, can detract from the aesthetic quality of the surrounding neighborhoods and diminish the value of the adjacent properties.

(2)

Such vehicles, if parked on a public right-of-way, can constitute a safety hazard by virtue of the obstruction to the free flow of traffic and give rise to other traffic hazards.

(3)

Where such abandoned vehicles are on private property and stored in other than a completely enclosed garage, a health hazard may arise by virtue of the fact that such a vehicle can become a breeding place for disease-carrying insects and vermin.

(4)

Abandoned vehicles constitute an abuse of the environment in that such vehicles are solid waste that pollutes the land.

(Ord. No. 1504-04, § 3, 7-6-04)

All abandoned vehicles as described in section 24-44, including vehicles without a current state license tag, if required, shall be prohibited on any public right-of-way under any circumstances, or on private property except within a completely enclosed garage or when such vehicles are a permitted principal use or special exception in any zoning classification.

(Ord. No. 1504-04, § 3, 7-6-04)

No person in charge or control of any property in Altamonte Springs, Florida, whether public or private property, whether as owner, tenant, occupant or otherwise shall allow any wrecked, discarded, junked, abandoned, inoperative, discarded and/or partially dismantled vehicle or parts of vehicles to remain on such property longer than five (5) days, unless such vehicle is located in a fully enclosed (or capable of being fully enclosed) building such as a garage or shed. For purposes of this section, a carport does not constitute an enclosed building.

This section shall not apply to vehicles located on the premises of a lawful business enterprise functioning in compliance with the laws of the State of Florida, County of Seminole and City of Altamonte Springs, when such vehicles are necessary to the operation of such business enterprise. Such vehicles when used as signs or attention getting devices contrary to the Altamonte Springs Sign Ordinance shall not be deemed to be necessary to the operation of a business or enterprise.

(Ord. No. 1504-04, § 3, 7-6-04)

(a)

The Altamonte Springs Police Department, after taking possession of any motor vehicle pursuant to this chapter, shall ensure the tow company has furnished notice in accordance with this section by certified mail, return receipt requested, to the last known registered owner of the vehicle at the last known address of the owner, within thirty (30) days of the date of impoundment of the vehicle, and shall provide by certified mail, a copy of the notice to the record owner (and occupant if different from the owner) of the property from which the vehicle is taken.

(b)

Notice under this section shall contain the following information:

(1)

Year, make, model and serial number of the motor vehicle;

(2)

The name and address of the last known registered owner of the motor vehicle, if available;

(3)

The vehicle registration and the title registration number of the motor vehicle, if available;

(4)

The date on which the motor vehicle was removed;

(5)

The location from which the motor vehicle was removed;

(6)

The location at which the motor vehicle is being stored or, in the alternative, a number which to contact.

The notice shall also advise the persons to whom it is given that the person who is entitled to possession of the motor vehicle may reclaim it upon payment to the city or their agent, of all charges incurred by the city for the removal and storage of the motor vehicle. If such reclamation is not made within ninety (90) days after date of notice, the right to reclaim the motor vehicle, shall be deemed to be waived and such persons shall be deemed to have consented to the disposition of the motor vehicle by the city. If the city is unable to identify properly the last registered owner of any motor vehicle, or if unable to obtain with reasonable certainty the names and addresses of the owner or other interested parties, including lienholders, then sufficient notice shall be deemed given after publication of notice one (1) time in a newspaper of general circulation in the Altamonte Springs area directed to all whom it may concern, setting forth the removal of such vehicle and notifying all interested persons that title to the vehicle will vest in the city unless in such ninety (90) day period the vehicle is reclaimed and reasonable costs and storage charges are paid to the city. Such notice by publication may contain multiple listings of motor vehicles.

(Ord. No. 1504-04, § 3, 7-6-04)

No claim against the city for such removal or the value of such vehicle shall be valid unless presented in writing to the Altamonte Springs Police Department before the expiration of said ninety (90) days. After said ninety-day period, the Board of City Commissioners of Altamonte Springs, Florida, through the Altamonte Springs Police Department, may dispose of such vehicle, either by junking same or by Sheriff sale or otherwise.

(Ord. No. 1504-04, § 3, 7-6-04)

When a law enforcement or code enforcement officer ascertains that either a lost or abandoned vehicle is present on public property, the officer shall cause notice to be placed upon such vehicle, pursuant to F.S. § 705.103 and section 24-48.

(Ord. No. 1504-04, § 3, 7-6-04)

When a vehicle is found on public property in the city limits of Altamonte Springs, and the vehicle is suspected of being in violation of this chapter, a law enforcement office or code enforcement officer shall place a notice upon such vehicle and shall ensure a copy is delivered or sent by mail to the owner or owners of the property upon which a vehicle is located. Said officer shall also contact, within twenty-four (24) hours, the state department of highway safety and motor vehicles in order to determine the name and address of the owner of the vehicle and any person who has filed a lien on the vehicle. On receipt of this information, the Altamonte Springs Police Department shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lien holder, if any. Said notice shall state that the vehicle is on the property and appears to be in violation of the City of Altamonte Springs Code of Ordinances, chapter 24, regulating traffic and vehicles.

Notice shall be in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within 5 days; otherwise, it will be removed and disposed of pursuant to Chapter 705, Florida Statutes, and Chapter 24, Altamonte Springs Code of Ordinances. The owner will be liable for the costs of removal, storage and publication of notice. Dated this: (setting forth the date of posting notice, signed: (setting forth name, title, address and telephone number of law enforcement officer).

Dated this ___ day of ________, 20___.

Signed: _____

Title: _____

Address: _____

(Ord. No. 1504-04, § 3, 7-6-04)

In the event the property owner, or someone on his behalf, has not removed the vehicle described in the notice within five (5) days from the date of placing notice on the vehicle and delivery or mailing to the property owner, the Altamonte Springs Police Department shall cause the vehicle to be impounded and removed utilizing whatever staff, agents or contractors are necessary for removal.

(Ord. No. 1504-04, § 3, 7-6-04)

(a)

The owner or lessee of real property or any person authorized by the owner or lessee of real property in the city may cause any vehicle parked on such property without his permission to be removed by a person regularly engaged in the business of towing vehicles. The vehicle shall be towed and stored at the nearest site for such purposes pursuant to F.S. § 715.07.

(b)

The owner, lessee or other authorized person who caused the vehicle to be removed shall not be liable for the costs of removal, transportation or storage or damages caused by such removal, transportation or storage. Should such person improperly cause a vehicle to be removed then said person will be liable for the aforementioned costs and damages if any, as well as attorney's fees and court costs if any.

(c)

Should the owner, lessee or authorized representative of the real property upon which a vehicle in violation of section 24-46 above refuse or otherwise fail to remove or relocate to a fully enclosed structure an abandoned, wrecked, discarded, junked, inoperative, discarded and/or partially dismantled vehicle or parts of vehicles, or vehicle without current license tag, if required, then said cause shall be referred to the code enforcement board. Notice and processing of the cause shall be in accordance with and pursuant to chapter 3, Altamonte Springs Code of Ordinances, and F.S. ch. 162.

(Ord. No. 1504-04, § 3, 7-6-04)