At the June 11 Continuation Commission Meeting, an ordinance was discussed that allows the establishment of resident-only parking systems. This ordinance will be presented for a final reading on July 1.
To establish a resident-only parking system on a street, a resident of such street must contact the City Manager's Office with a receipt of support from 60% of residents of the street.
Then, signage will be placed on the street and residents will be issued a permit to display on the windshield of their vehicle. Two permits may be issued per residence per year. Residents who own their home are eligible for a three year permit; all other residents (those who rent, for example) are eligible for a one year permit that may be renewed with proof of continued residency. If a permit holder is no longer a resident, the permit must be transferred to the new property owner/ residents.
Fees for the issuance of permits is to be determined by the Commission.
Please see the full ordinance below:
ORDINANCE 19-08
AN ORDINANCE OF THE CITY OF ST. AUGUSTINE BEACH, FLORIDA, CREATING A RESIDENTIAL PARKING PERMIT PROGRAM; PROVIDING THAT IT IS IN THE PUBLIC’S BEST INTEREST TO PRESERVE THE RIGHTS OF RESIDENTS PARKING IN CERTAIN CONGESTED AREAS; PROVIDING GUIDELINES FOR THE CREATION OF RESIDENTIAL PARKING AREAS; PROVIDING FOR DESIGNATION OF AREAS; PROVIDING FOR ISSUANCE OF PERMITS; PROVIDING FOR GUIDELINES AND PENALTIES; AND PROVIDING AN EFFECTIVE DATE.
RECITALS
WHEREAS, the City of St. Augustine Beach has a number of residential areas
which are near commercial establishments and the beaches, which attract a number of visitors and tourists to those areas; and
WHEREAS, the large numbers of tourists and visitors that flock to the City during special events and holidays, which places a strain upon the City resources; and
WHEREAS, the use of city narrow City rights of way for parking by tourists and visitors tends to adversely affect the quality of life for owners and residents living on those residential streets by creating traffic congestion, restricting access to and from their homes, restricting access of emergency vehicles to such areas and otherwise adversely affecting the safety and welfare of the residents; and
WHEREAS, to protect the safety, welfare and quality of life for the residents, the City Commission finds it necessary to allow for the creation of residential parking areas in certain impacted areas.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ST. AUGUSTINE BEACH, FLORIDA:
Section 1. Sections 19-52 through 19-61 are hereby created, as follows:
Section 19-52. -Definitions.
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:
Residential permit parking area means that land containing streets or parts of streets primarily abutted by property that has zoning district designations, which includes residences as a permitted use on the official zoning map book. The city manager designates residential permit parking (RPP) areas pursuant to criteria and procedures established in this article.
Residential permit parking zones and zones mean specific locations within the area. Any area may have more than one zone.
Other vehicle means a motor vehicle parked in an area or zone by a person who is not a resident and/or property owner in the area or zone and who has not obtained a permit for the motor vehicle that is so parked.
Permit means a permit issued for parking on a city street in a designated area or zone. The permit shall be displayed on the left front dashboard of the vehicle.
Program year means the time beginning January 1 and ending December 31 of that year.
Property owner means a person who can provide proof of property ownership in an area.
Resident means a person who resides in an area.
Sec. 19-54. - Purpose and exercise of authority to control vehicular traffic in certain congested areas.
The city commission finds and declares that it is in the best interest of the city to reduce vehicular congestion on designated city streets and to facilitate the efficient movement of traffic by providing for parking preference within certain areas meeting the criteria set forth in this article and that controlled vehicular decal/permit parking regulation is necessary to promote the health, safety and welfare of the city's residents.
While providing adequate parking spaces adjacent to or close by residences in the affected area, it is in the public interest to:
Reduce hazardous traffic conditions resulting from the use of streets located within congested areas for the parking of vehicles by persons using such residential areas to gain access to other places;
Protect those areas from excessive noise;
Protect the residents of those areas from unreasonable burdens in gaining access to their residences and preserve the character of those areas;
Promote efficiency in the maintenance of those streets in a clean and safe condition;
Preserve the value of the property in those areas;
Preserve the safety of children and other pedestrians; and
Promote traffic safety, clean air and comfort, health, convenience and welfare of the city's inhabitants.
Sec. 19-55. - Guidelines.
Generally. The detailed operational guidelines for an area or zone designated pursuant to this article shall be established and approved by the city manager and shall be on file in the traffic engineering division.
Parking permit fees. The annual fee and renewal fee for permits shall be enacted by the city commission by resolution.
Penalties, liability and enforcement. Penalties, liability and enforcement shall be as follows:
(1) Anyone violating or failing to comply with any of the requirements of this article shall be guilty of violation of this Code, subject to the penalties of Section 19-23 and 19-24 of this Code of this chapter.
(2) Any person parking or failing to remove a vehicle without a permit in an area or zone during the time prohibited shall be deemed to have committed a violation and shall be punished pursuant to subsection 19-23 and 19-24 of this Code.
(3) In addition, or as an alternative to subsection (c)(2) of this section, an unattended vehicle without a valid permit properly displayed in an area or zone during a prohibited time may be removed and impounded pursuant to subsection 19-31(d).
Sec. 19-56. - Exceptions.
Marked vehicles of public safety and public service agencies shall be exempt from this article. Unmarked public safety and public service vehicles shall be issued permits without charge for official use only. Public service vehicles shall be limited to governmental and franchised public utility vehicles.
Sec. 19-57. - Designation of areas.
After following the procedures set out in this article, the city manager or thereon designee is authorized to post signs establishing residential parking zones. Vehicles may be restricted from parking in such areas unless bearing a valid permit issued pursuant to this article. This authority shall be in addition to any other authority the city commission may have to regulate times and conditions of motor vehicle parking on public streets.
Sec. 19-58. - Criteria and procedures for establishing areas.
A section of the city shall be eligible for designation as a residential permit parking area based upon the following criteria and procedures:
The city commission shall request, or the city manager may conduct, upon his own initiative or upon receipt of a petition from Sixty Percent (60%) of the property owners, in such a proposed area, a study to determine if the proposed area meets the criteria established by this article. Following the study and upon approval by the city manager, the section under consideration is designated as a residential parking area.
In determining whether a proposed area identified is eligible for designation as an area, the city manager shall consider any relevant factors which include but are not limited to the following:
The extent of the desire and need of the property owners and/or residents for a residential permit parking as evidenced by receipt of verified petitions as provided for in this section;
The extent to which legal on-street parking spaces are occupied by motor vehicles during the period proposed for parking regulations;
The extent to which vehicles parking in the area during the period proposed for parking regulations are other vehicles rather than vehicles owned by residents, owners or guests;
The extent to which motor vehicles registered to persons residing in the area cannot be accommodated by the number of available off-street parking spaces; and
The city manager shall cause parking signs to be erected upon the public streets in the area, indicating the times, locations and conditions upon which parking shall be by permit only. When an area has been approved, designated and posted as an area, it shall be unlawful and a violation of this article to park a vehicle in an area without displaying a valid parking permit.
The city commission or manager is authorized to remove the designation of an area upon request of Sixty Percent (60%) of the residents on any street so designated or upon a determination that the permit system no longer serves the intended purpose.
Sec. 19-59. – Requirements for permits.
Upon designation of a permit parking area or zone, the owner or resident shall be issued the appropriate permit upon application. A permit shall be issued only to the owner or operator of the motor vehicle who resides in that area. The application for a decal shall contain the name of the owner or operator of the motor vehicle; residential address; and the motor vehicle's make, model, registration, and tag number. The current motor vehicle registration shall be required and presented at the time of making an application to verify the contents of the application. If the vehicle is registered at an address other than the local residence, the applicant must provide other sufficient proof acceptable showing residency within the area. If the name of the registration is different from the applicant, a notarized letter must be obtained from the owner of the vehicle establishing permission to use the vehicle. The permit will be valid for a program year and shall be renewed for each successive program year if proof of residency can be provided, except that residents who own their residences are eligible for three-year decals. After the initial permit has been issued, any renewal of the permit shall be affixed to the vehicle no later than January 15 of the applicable program year.
Sec. 19-60. - Issuance of permits.
Upon designation of a permit parking area or zone, permits meeting the following criteria shall be issued to residents, property owners, visitors and/or persons with a business or community facility in the area or zone for an extended period.
Permits are issued to residents in the area for use for parking in the public right-of-way. Two permits can be obtained per residence for a program year.
It shall constitute a violation of this article for any person to falsely represent himself as eligible for a permit or to furnish any false information in an application in order to obtain a decal/permit.
Permits shall be transferable to any purchaser of the property and may not be retained by any former property owners.
Sec. 19-61. - Fee schedule.
A schedule of fees is imposed for the purchase of permits shall be adopted by resolution.
SEVERABILITY. If any phrase, clause, sentence, subsection, section, or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining phrases, clauses, subsections, or provisions of this Ordinance.
CODIFICATION. This ordinance shall be incorporated into the Code of the City of St. Augustine Beach. Any section, paragraph, number, letter and/or heading may be changed or modified as necessary to effectuate the forgoing. A copy of this Ordinance shall be maintained in the offices of the City Clerk.