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Palm Coast Code Ordinance on Commercial Vehicle Parking in Residential Areas and Elsewhere

Palm Coast Code of Ordinances, Chapter 44

ARTICLE II.  STOPPING, STANDING AND PARKING


Sec. 44-32.  Penalty.

Any person who directly or indirectly violates the provisions of this article shall be guilty of a nonmoving violation and, in accordance with Florida Statute § 316.1967, shall be subject to a fine of $25.00 for the first offense, $50.00 for the second offense, and $100.00 for the third or subsequent offenses.
(Ord. No. 00-26, § 1, 3-14-00; Ord. No. 01-9, § 6, 3-20-01)


Sec. 44-33.  Parking on public rights-of-way.
(a)   Paved rights-of-way.  Except in the case of emergencies as defined in the Florida Statutes, the parking of vehicles, private passenger or recreational vehicles in the paved rights-of-way of City roads is prohibited.
(b)   Unpaved rights-of-way.  The parking of vehicles in the unpaved rights-of-way (including, but not limited to, swales and medians) is prohibited between the hours of 1:00 a.m. and 6:00 a.m.
(c)   Penalty.  Any person who directly or indirectly violates the provisions of this section shall be guilty of a nonmoving violation and, in accordance with F.S. § 316.1967, shall be subject to a fine of $25.00 for the first offense, $50.00 for the second offense, and $100.00 for the third or subsequent offenses.
(Ord. No. 00-26, § 1, 3-14-00; Ord. No. 01-9, § 4, 3-20-01)


Sec. 44-34.  Parking and storage of vehicles generally.
(a)   It is prohibited and unlawful to park or store any unlicensed motor vehicle on any improved or unimproved lot in excess of 12 hours, except where a vehicle has just been acquired and the homeowner or home occupant or agent applies for a Florida motor vehicle registration the first business day following delivery of the vehicle.
(b)   It is prohibited and unlawful to park, locate, use or store a vehicle of any description on an undeveloped lot, parcel or unplatted land, except when otherwise lawfully permitted under the following conditions:
(1)   For vehicles actively involved during daylight hours in construction, survey, repair, mowing, delivery or similar services on the lot or property on which the vehicle is parked;
(2)   For emergency and governmental service vehicles, while in active service;
(3)   On unplatted lands not posted by the owner, for recreational access during daylight hours only;
(4)   For designated public or private parking areas authorized by the City; and
(5)   For trailers and mobile construction equipment parked on active and permitted construction sites.
(c)   It is prohibited and unlawful to park or store a motor vehicle overnight in a residential zone, except passenger vehicles, as defined herein. Such vehicles must be parked in a garage or carport, or parked in a driveway or designated residential parking lot. A passenger vehicle is an automobile, motorcycle, moped, passenger van, sport utility vehicle, or a pickup truck. Pickup truck means any motor vehicle designed primarily for the transportation of property or cargo within a permanently attached open cargo box and having a carrying capacity of one ton or less. A pickup truck which is equipped with a standard flatbed topper which does not exceed the height of the cab portion of the vehicle by more than 12 inches shall not be considered a commercial vehicle. It is prohibited and unlawful to park or store a commercial vehicle anywhere in City limits as posted per Florida State Statute 316.1945 at any time unless at a residence for a residential service call. A commercial vehicle means any agricultural, construction or industrial equipment; any motor vehicle upon which advertising markings have been affixed which occupy in excess of three square feet per side; any motor vehicle having a carrying capacity of more than one ton; any motor vehicle to which has been added a platform rack or other similar apparatus designed for carrying property or cargo, but excluding a standard luggage rack; any pickup truck to which has been added a cargo box, or similar carrying device, which is located outside the flatbed portion of the vehicle, or which is located within the flatbed portion but exceeds the height of the cab portion of the vehicle; any motor vehicle equipped with a hoist or other similar mechanical equipment. The term may include, but is not limited to, a bus, step van, tractor, trailer, semitrailer, or semitruck, limousine, cab, ice cream truck, tow truck or any vehicle which requires a commercial driver’s license to operate. The allowance of passenger vehicles, as defined herein, shall not be used by owners of residential lots as a pretext for storing commercial supplies and goods in violation of the City’s home occupation use special exception standards.
(d)   Recreational vehicle restrictions. All noncommercial recreational vehicles, including, but not limited to, motor homes, travel trailers, campers, vessels, boats, boat trailers, or similar vehicles, equipment or apparatus, otherwise lawful and in compliance with controlling law, may be parked or stored in a noncommercial, nonindustrial, or non- recreational vehicle permitted neighborhood, subject to the following regulations:
(1)   It is prohibited and unlawful to park or store a recreational vehicle within any required front or side yard setback areas.
(2)   It is prohibited and unlawful to park or store a recreational vehicle for more than a total of three days, or any part thereof in any consecutive seven-day period on a residential driveway as set forth herein, unless for the purposes of repair, maintenance or bona fide preparation for off-premises use. Any part of a day shall be considered a full day for enforcement purposes.
(3)   Resident-owned vehicles, otherwise lawful and in compliance with controlling law, may be parked or stored in designated screened areas outside of the driveway, provided the owner or occupant establishes that such area has been permitted and constructed pursuant to the City’s land development code or has been approved in writing by the architectural review committee. The permit or approval must pre-date March 14, 2001. Proof of such permit or approval must be presented to the City by the owner or occupant within three days of the first code enforcement warning notice, and the owner or occupant must further establish current compliance with all of the conditions associated with the permit or approval. Failure to timely present a permit or approval within said three day period shall result in a waiver of the exception granted herein.
(4)   A recreational vehicle owned by a guest of a resident of such premises, otherwise lawful and in compliance with controlling law, may be parked for temporary periods, not to exceed any part of seven consecutive days in the resident’s driveway, as far from the street right-of-way as practicable, but it is prohibited and unlawful to use, park or store such recreational vehicle for the purposes of overnight lodging. It is prohibited and unlawful to use serial stays to attempt to extend the length of time a recreational vehicle may be parked on such a driveway.
(5)   It is prohibited and unlawful to park or store a recreational vehicle within any space that obstructs any window, entrance or exit from the dwelling necessary to, or serving the health, safety and general welfare of occupants of the dwelling or lot.
(e)   Parking or movement of motor vehicles on or across any bicycle or pedestrian path accessible to the general public, except at public road crossings and driveways, is prohibited and unlawful except for maintenance vehicles when engaged in bona fide maintenance activities and governmental or governmentally authorized and permitted emergency vehicles.
(f)   The parking of automobiles and other motor vehicles, except upon paved driveways of improved lots or portions of driveways constructed and approved by the City after adoption of this section, is prohibited and unlawful.
(g)   The overnight parking and storage of any motor vehicle on any road right-of-way is prohibited and unlawful.
(h)   The overnight placement of any moving and/or storage structure, whether temporary or permanent and regardless of size, type or nature, in the paved or unpaved portion of any driveway, or any location on a lot, or in or on any road right-of-way is prohibited and unlawful. Notwithstanding the foregoing, a temporary moving and/or storage structure may be placed on the paved driveway portion of a parcel in conjunction with a bona fide move to or from the parcel resulting from a change in occupancy; provided, however, that, in no event, may the moving and/or storage structure remain on the premises for a period exceeding seven consecutive days; provided, further, however, that only one placement of such a structure may occur on a parcel during each calendar year absent written proof being provided in advance to the City’s Code Enforcement Administrator that a bona fide additional move will occur during the same calendar year relative to the same premises.
(i)   It is prohibited and unlawful to park a vehicle, vessel, dumpster, portable toilet, or any type of equipment or structure for any period of time on a median of a road, except in bona fide; emergency circumstances.
(j)   Any person asserting the need for reasonable accommodation under the Americans with Disabilities Act; must provide written documentation to perfect such assertion prior to using a vehicle or property in a manner that violates the provisions of this section. The City Manager or designee, shall evaluate the assertion and render a written decision in a timely manner relative to the assertion. The decision of the City Manager shall be final and appeal therefrom may be filed in a court of competent jurisdiction.
(Ord. No. 00-26, § 1, 3-14-00; Ord. No. 01-9, § 5, 3-20-01; Ord. No. 2004-11, § 1, 5-4-04; Ord. No. 06-02, § 1, 2-21-06)


Sec. 44-35.  Vehicles on roads or streets within City; action by Law Enforcement Officer.
(a)   Definitions. The terms used in this section shall, unless otherwise specified, be defined as set forth in F. S. ch. 316, as amended.
(b)   Upon any road or street inside the City, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the road or street when it is practical to stop, park or so leave the vehicle off such part of the road or street; but in any event, an unobstructed width of the road or street opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the road or street.
(c)   This section shall not apply to the driver or owner of any vehicle which is disabled while on the paved or main-traveled part of a road or street in such a manner and to such extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle in such position, or to passenger-carrying buses temporarily parked while loading or discharging passengers, where road or street conditions render such parking off the paved portion of the road or street hazardous or impractical.
(d)   Whenever any Law Enforcement Officer finds a vehicle standing upon a road or street in violation of any of the foregoing provisions of this section, the officer is authorized to move the vehicle, or require the driver or other persons in charge of the vehicle to move the same, to a position off the paved or main-traveled part of the road or street.
(e)   Officers are hereby authorized to provide for the removal of any abandoned vehicle to the nearest garage or other place of safety, cost of such removal and storage to be a lien against the motor vehicle, when the abandoned vehicle is found unattended upon a bridge or causeway or on any public road or street in the following instances:
(1)   Where such vehicle constitutes an obstruction of traffic;
(2)   Where such vehicle has been parked or stored on the public right-of-way for a period exceeding 48 hours, in other than designated parking areas, and is within 30 feet of the pavement edge;
(3)   Where a vehicle has been parked or stored in the public right-of-way for a period exceeding ten days, in other than designated parking areas, and is more than 30 feet from the pavement edge.
(f)   Whenever any Law Enforcement Officer receives a report of or finds a vehicle that is without a current license tag or inspection sticker standing on the public right-of-way, the owner will be notified to remove the vehicle. After 24 hours the officer will treat it as an abandoned vehicle and remove it immediately.
(Ord. No. 01-9, §§ 1, 2, 3-20-01)


Sec. 44-36.  Parking prohibited for certain purposes.
No person shall park a vehicle upon any road or street or right-of-way for the principal purpose of:
(1)   Displaying such vehicle for sale.
(2)   Washing, greasing or repairing such vehicle, except repairs necessary in an emergency.
(3)   Displaying advertising.
(4)   Selling merchandise from such vehicle, except in a duly established marketplace, or when so authorized or licensed under the ordinance of the City.
(5)   Storage, or as junkage or dead storage for more than 24 hours.
(Ord. No. 01-9, § 3, 3-20-01)


Sec. 44-37.  Parking prohibited in certain areas.
(a)   Notwithstanding the provisions of any other Code or ordinance provision, in order to implement the provision of F.S. § 316.008(1)(a), which permits local authorities to regulate “with respect to streets and road or streets under their jurisdiction” in order to provide for the “reasonable exercise of the police power” and to prohibit or regulate the “stopping, standing, or parking” of motor vehicles on said streets and road or streets, parking on rights-of-way within the City is prohibited whenever the right-of-way is posted with a sign designating the area as a “no parking” area. The City’s Public Works Director is hereby delegated the power and authority to post areas as “no parking” areas for motor vehicles when such areas are deemed to present either safety hazards to the traveling public, which cause adverse impacts to roadway or right-of-way, or which are otherwise deleterious to and jeopardize the public health, safety or welfare. The City Manager and the City Council shall be advised when such areas are posted.
(b)   It is unlawful to park a motor vehicle on a street or road or street that is posted in accordance with the provisions of subsection (a) of this section.
(c)   Penalty. Any person who directly or indirectly violates the provisions of this section shall be guilty of a nonmoving violation and, in accordance with F.S. § 316.1967, shall be subject to a fine of $50.00 for each offense.
(Ord. No. 01-19, §§ 1, 2, 8-21-01)


Sec. 44-38.  Enforcement of parking violations.
Any civil citation relating to parking violations set forth in the Code of Ordinances of the City of Palm Coast may be referred by the City to the Civil Traffic Infractions Hearing Officer for Flagler County, Florida and the violation will, thereupon, be enforced and disposed of in accordance with the general state law applicable to citations.
(Ord. No. 06-14, § 2, 9-5-06)
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1 Response for “Palm Coast Code Ordinance on Commercial Vehicle Parking in Residential Areas and Elsewhere”

  1. Cash McCall says:

    What kind of Nazi town is this? Half of these ordinances are unconstitutional, a violation of due process and an overreaching of gov authority that is abusive.

    Further, Palm Cost is not an HOA so there is no public say about any of this; these Nazi thugs just keep making more and more oppressive rules and their penalties all lack the Constitutional right of a meaningful hearing… which is not a Gestapo or Kangaroo hearing.

    Palm Coast is a miserable place. It is a town set up to do nothing but bilk the citizens. They have a water and utility company which is not audited. They have a massive fire department and not one home fire in the last 8 years. They are all on the city payroll with pensions. They take all the big trucks to an ambulance call; this is out of control.

    They have had the same fat mayor since the 1990s and his claim to fame is he came from New Jersey. I suppose in his case we are paying him by the pound. His salary is higher than any governor in any State in America. This town needs to be audited and each one of these crazy ordinances has to be scrutinized over whether it is Constitutional. Funny too because when you go to the County Court to argue, you have a Judge on the Payroll of the County. There is not one filthy hand that isn’t greasing another or authorizing this gestapo activity.

    Further, they have an Architectural committee with no architects on it. It is all arbitrary authority with no lawful guidelines. People don’t fix up their houses because it is so cost prohibitive and a full blown hassle. Contractors have to have Palm Coast City licenses so this helps the drunken in-laws of politicians limit outside competition. So services cost more.

    It is a filthy corrupt town that needs to be audited.

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