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BOYNTON.14 CHAPTER 14 MOTOR VEHICLES AND TRAFFIC* *Cross references - Identification of vehicles used miles per hour, and the speed limits hereinabove in business, § 13 - 21; unnecessary use of horns, § 15 - established shall be altered accordingly when such 8(b); noisy vehicles, § 15 - 8(f), (h); parades, § 15 - 10; construction conditions exist, except in any area prevention of scattering of loads, § 15 - 33; traffic and where a lower speed limit has been established and in parking regulations in beaches and parks, § 16 - 69 et such event the lower speed limit shall govern. (Code seq.; recreational vehicles, Ch. 20; taxicabs, Ch. 24; 1958, § 29 - 2) trailers, Ch. 25; traffic control devices in subdivisions, App. C, Art. IX, § 16; design specifications for traffic cont rol devices in subdivisions, App. C, Art. X, § 17. Sec. 14 - 3. Truck parking; regulated. State law references - State traffic control law generally, F.S. Ch. 316; municipal legislation (a) Time limit on public streets. It is hereby prohibited on matters covered by that law, F.S. § declared unlawful for any individual to park or cause 316.007; powers of local authorities, F.S. § 316.008; to be parked any farm tractor, semi - trailer, truck or munici pal speed limits, F.S. § 316.189. other motor vehicle of greater than one (1) ton chassis configuration on any publicly dedicated street, alley or thoroughfare (including the entire right - of - way Sec. 14 - 1. Regulatory traffic control. thereof) of the city for a longer period than fifteen (15) minutes, unless the actual loading or unloading (a) All signs, striping, and traffic signals of such vehicle is involved or in progress. established by the direction of the City Commission and/or city staff shall conform, to the extent possible, (b) Time limit in areas zoned residential. It is to implement the relevant regulations to the current hereby declared unlawful for any individual to park, national Manual on Uniform Traffic Control Devices cause to be parked or allow to be parked any farm for streets and highways in effect at the time of the tractor, semitrailer, truck or other motor vehicle establishment of said signs, striping, and traffic greater than one (1) ton chassis configuration for a signals. longer period than fifteen (15) minutes in any residential area of the city as defined on the city's (b) When authorized signs are replaced, the new master zoning map, unless the actual loadi ng or sign shall co nform to the national Manual on Uniform unloading of such vehicle is involved and in progress. Traffic Control Devices for streets and highways in effect at the time of replacement. (Ord. No. 02 - 009, § (c) Effect of provisions. This section shall not 2, 2 - 19 - 02) be construed as authorizing trucks to utilize any street Editor's note - Ord. No. 85 - 45, Attach. (b), or other public thoroughfare of the city over which adopted Aug. 20, 1985, repealed former § 14 - 1, such vehicular traffic is now prohi bited by ordinance carele ss driving, as derived from the 1958 Code, § 29 - or lawful order of the police department. (Code 1958, 9. § 29 - 4; Ord. No. 81 - 10, § 1, 4 - 7 - 81; Ord. No. 89 - 3, § 1, 2 - 21 - 89; Ord. No. 93 - 6, § 1, 5 - 4 - 93; Ord. No. 93 - 36, § 1, 9 - 21 - 93) Sec. 14 - 2. Speed in construction areas. Cross reference - Zoning ordinance, App. A. The speed of vehicular traffic over any portion of any street, avenue, road, highway or other Sec. 14 - 4. Sol icitation of rides or business. thoroughfare within the city used by vehicular traffic, which area is under construction or repair and properly (a) It shall be unlawful for any person to stand marked by signs as such, shall not exceed twenty (20) upon any sidewalk, street, avenue, alley or public 1 2002 S - 18 Boynton Beach Code 2 highway or grounds within the limits of the city for h. On any railroad tracks. the purpose of hitchhiking, “thumbing,” requesting, asking, or soliciting a ride from the operator of any vehicle. The provisions hereof shall not be construed to prevent a person from soliciting upon a public highway, or a driver of a vehicle from giving a ride, where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire. (b) No person shall stand in a roadway for the purpose of soliciting employment or bus iness from the occupant of any vehicle. (Code 1958, § 29 - 10) State law reference - Authority to prohibit hitchhiking, F.S. § 316.008(1)(u). Sec. 14 - 5. Stopping, standing, or parking prohibited in specified places. (a) Except when necessary to avoid c onflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (1) Stop, stand, or park a vehicle: a. On the roadway side of any vehicle stopped or parked at the edge or c urb of a street. b. On a sidewalk. c. Within an intersection. d. On a crosswalk. e. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is in dicated by signs or markings. f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. g. Upon any bridge or other elevated structure. a l t r a f f i c c o n t r o l d e v i c e s p r o h i b i t s t o p p i n g . ( 2 ) S t a m o m e n t a r i l y t o p i c k u p o r d i s c h a r g e a p a s s e n g e r o r p y . b . W i t h i n f i f t e e n ( 1 5 ) f e e t o f a f i r e h y d r a n t . c . W i o n . d . W i t h i n t h i r t y ( 3 0 ) f e e t u p o n t h e a p p r o a c h t o a n a l l o c a t e d a t t h e s i d e o f a r o a d w a y . e . W i t h i n t w e n t y n a n d o n t h e s i d e o f a s t r e e t o p p o s i t e t h e e n t r a n c e t u c h e n t r a n c e ( w h e n p r o p e r t y s i g n p o s t e d ) . f . O n a n e x c l f f i c c o n t r o l d e v i c e s p r o h i b i t s t a n d i n g . ( 3 ) P a r k a v e r t h e p u r p o s e o f , a n d w h i l e a c t u a l l y e n g a g e d i n , l o a d f i f t y ( 5 0 ) f e e t o f t h e n e a r e s t r a i l o f a r a i l r o a d c r n c e d u e t o u n u s u a l c i r c u m s t a n c e s . b . A t a n y (b) No person shall move a vehicle not lawfully under his control into any such prohibited area p or away from a curb such a distance as is unlawful. l (Ord. No. 89 - 3, § 2, 2 a - 21 - 89) 2002 S - 18 Motor Vehicles and Traffic 2A Sec. 14 - 6 Traffic calming measures. vehicles as derived from the 1958 Code, §§ 29 - 3, 29 - 3.1. (a) The city shall consider placement of traffic calming measures only upon completi on of an initial traffic study. Traffic calming shall be considered: Sec. 14 - 7. Trains blocking or obst ructing crossings. (1) Only on those local streets with average daily traffic volumes greater than 500 (a) No two (2) or more consecutive street vehicles per day; and crossings, where the streets of the city intersect a railroad track at grade level shall be blocked by (2) Only when the 85th percentile speed is railroad traffic of any nature whatsoever, at the same greater than 30 mph for those str eets posted time, for a period of more than ten (10) minutes, and at 25 mph, or greater than 35 mph for those in no case shall any street crossing within the city be streets posted at 30 mph. blocked by railroad traffic for a period of more than twenty (20) minutes. After a railroad crossing has (b) Signing, striping and other devices been identifying traffic calming measures shall conform to blocked by railroad traffic for a period of more than the current Manual on Uniform Traffic Control twenty (20) mi nutes, said crossing shall not again be Devices. (Ord. No. 02 - 009, § 2, 2 - 19 - 02) blocked by railroad traffic until it has been cleared Editor's note - Former § 14 - 6, repealed by Ord. for the use of vehicular or pedestrian traffic No. 85 - 45, Attach. (b), adopted Aug. 20, 1985, had pertained to speed limits for trains and other railroad 2002 S - 18 Boynton Beach Code 2B Motor Vehicles and Traffic 3 across or upon the intersecting s treets for a period of at Sec. 14 - 8. Supplemental provisions for least ten (10) minutes. impounding, sale, redemption of abandoned vehicles; disposition of (b) It shall be the responsibility of all railroads proceeds. operating trains or other railway vehicles of any nature whatsoever within or through the city to notify the city (a) The provisions of this section shall be in police and fire departments whenever a ny street addition and supplemental to any other provisions of crossing is to be blocked by railroad traffic for a law. period of ten (10) minutes or more. (Code 1958, § 29 - 3.2) (b) Any abandoned vehicle, as defined in the Cross reference - Obstructing streets generally, § Statutes of the State of Florida, lawfully taken into 22 - 4. possession of the city by any officer or agent thereof may be sold by the city at public outcry to the highest bidder, after notice of said sale shall have been in a Sec. 14 - 7.1 When sounding train whistle - horn news paper of general circulation in the city once a prohibited; penalty. week for a period of two (2) consecutive weeks, with the first publication being at least fifteen (15) days (a) It shall be unlawful and a public nuisance for prior to the date of sale, and the purchaser at said sale any person, business or corporation operating a shall take title to said propert y free and clear of all railroad train of a railroad company wholly within the prior claims against same. A diligent search and State of Florida to blow, activate, or in any way permit inquiry shall be conducted by the city official or cause the blowing or activation of train whistles conducting any such sale, prior to said sale, to and/or horns from railroad trains between the hours of ascertain the name and residence address of the owner 10:00 p.m. and 6:00 a.m. on any day, when such train and any lienholders against subj ect property, and an is traveling within the City of Boynton Beach, Florida. affidavit establishing that such search has been made, together with the names and addresses of the owner (b) This section relates only to public and lienholders, or that the same are unknown to railroad/highway grade railroad train crossings h aving affiant, shall be set forth therein and filed in the sale train activated automatic traffic - control devices, which proceedings. A copy of the notice of sale shall be shall include flashing lights, bells and crossing gates mailed to each owner and lienholder, if known, at on both sides of the railroad tracks. least ten (10) days prior to the date of sale. Failure of such owners and lien - holders to receive such notice (c) Any person, business or corporation found to shall not invalidate the sale. Any owner or lienholder be in violation of this section will be subject to the shall have t he right to redeem subject property prior penalty provisions of section 1 - 6, general penalties; to the time of sale by paying the city all costs incurred continuing violations; adjudging fines and in connection with the proceedings, including moving imprisonment of the Code of Ordinances of the City of and storage costs incurred. Proceeds of such sales Boynton Beach, Florida. (Ord. No. 84 - 33, §§ 1 — 3, 8 - shall be and become a part of the general fund of t he 21 - 84; Ord. No. 86 - 38, § 1, 11 - 5 - 86) city to be utilized pursuant to directions of the city Editor's note - Ord. No. 84 - 33, §§ 1 — 3, adopted council for any lawful purpose. (Laws of Fla., Ch. 63 - Aug. 21, 1984, did not specify manner of codification; 1123, § 1) hence, inclusion herein as § 14 - 7.1 has been at the Cross reference - Alternative provisions for discretion of the editor. abandoned, wrecked or junked vehicles, § 10 - 50 et Cross reference - Locomotive whistles and bells seq. disturbing peace and quiet of neighborh oods, § 15 - State law references - Vehicle defi ned for 8(a). purposes of traffic law, F.S. § 317.003(64); supplemental procedure for removal and destruction of abandoned property, including definition of “abandoned property,” F.S. § 705.16. Boynton Beach Code 4 Sec. 14 - 9. Disabled parking space violat ion. custody, or control of some person who did not have (a) It shall be unlawful for any person to stop, permission of the owner to use the vehicle. stand, or park a vehicle in any parking space designated with the internationally accepted (b) Any person issued a parking ticket by a wheelchair symbol or the caption, “PARKING BY parking enf orcement specialist or officer shall be DISABLED PERMIT ONLY,” or with both such deemed to be charged with a noncriminal violation symbol and caption, un less such vehicle displays a and shall comply with the directions on the ticket. In parking permit issued pursuant to Section 320.0848, the event that payment is not received or a response to Florida Statutes, and such vehicle is transporting a the ticket is not made within the time period specified person eligible for such parking permit. However, any thereon, the county court or its traffic violations person who is chauffeuring a disabled person shall be bureau shall notify the registered owner of the vehicle allowed, witho ut need for an identification parking which was cited, by mail to the address given on the permit, momentary parking in any such parking space motor vehicle registration of the ticket. Mailing of the for the purpose of loading or unloading a disabled notice to such address shall constitu te notification. person. No penalty shall be imposed upon the driver Upon notification, the registered owner shall comply for such momentary parking. with the court's directive. (b) Whenever a law enforcement of ficer or a (c) Any person who fails to satisfy the court's parking enforcement specialist finds a vehicle in directive shall be deemed to waive his right to pay the violation of this section, that officer may have the applicable civil penalty. vehicle in violation removed to any lawful parking space or facility or require the operator or other person (d) Any person who elect s to appear before a in charge of the vehicle immediat ely to remove the designated official to present evidence shall be unauthorized vehicle from the parking space. deemed to have waived his right to pay the civil Whenever any vehicle is removed by a law penalty provisions of the ticket. The official, after a enforcement officer, parking enforcement specialist, hearing, shall make a determination as to whether a or agency to a storage lot, garage, or other safe parking violation has been co mmitted and may parking space, the cost of such removal and parki ng impose a civil penalty not to exceed one hundred shall be a lien against the vehicle. (Ord. No. 85 - 44, § dollars ($100.00) plus court costs. Any person who 1, 8 - 6 - 85; Ord. No. 89 - 3, § 3, 2 - 21 - 89) fails to pay the civil penalty within the time allowed by the court shall be deemed to have been convicted of a parking ticket violation, an d the court shall take Sec. 14 - 10. Liability for payment of parking appropriate measures to enforce collection of the fine. ticket violations. (e) The city police department as the city's (a) The owner of a vehicle is responsible and traffic violations bureau shall periodically supply the liable for payment of any parking ticket violation Florida Department of Highway Safety and Motor unless the owner can furnish evidence that the vehicle Vehicles (“department”) wit h magnetically encoded was, at the time of the parking violation, in the care, computer tape reels or cartridges which are machine custody, or control of another person. In such readable by the installed computer system at the instances, the owner of the vehicle is required, within department, listing persons who have any outstanding a reasonable time after notific ation of the parking violation for parking in a handicap/disabled parking violation, to furnish to the appropriate law space or three (3) or more unpaid parking violations; enforcement authorities the name and address of the with the intent that no license plate or revalidation person or company who leased, rented, or otherwise sticker shall be issued by the department or the tax had the care, custody or control of the vehicle. The collector to such persons until the registered owner owner of a vehicle is not responsi ble for a parking presents a receipt showing that such parking fines ticket violation if the vehicle involved was, at the have been paid, o r the person is removed from the time, stolen or in the care, tape after update. (Ord. No. 89 - 3, § 4, 2 - 21 - 89; Ord. No. 91 - 69, § 2, 10 - 1 - 91) Motor Vehicles and Traffic 5 Sec. 14 - 11. Civil penalties. The following civil penalties shall be imposed upon the owner of any motor v ehicle found to be stopped, standing or parking in violation of an ordinance or Florida law as follows: Violation Civil penalty (1) Nonmoving traffic violations as prohibited by sections 14 - 3 and 14 - 5, excepting 14 - 5(2)(b) and 14 - 5(2)(e), Code of Ord inances: ................................ ................. If paid within 10 days $ 25.00 ................................ . After 10 days from date of issue 32.00 (2) Nonmoving traffic violations as prohibited by sections 14 - 5(2)(b) and 14 - 5(2)(e), Code of Ordinances: ................................ ................. If paid within 10 days 50.00 ................................ . After 10 days from date of iss ue 65.00 (3) Parking in a space or spaces provided for certain disabled persons, as prohibited by section ................................ ................................ ........... 14 - 9 250.00 (Ord. No. 89 - 3, § 5, 2 - 21 - 89; Ord. No. 90 - 44, § 1, 9 - 18 - 90; Ord. No. 90 - 52, § 1, 11 - 7 - 90) Boynton Beach Code 6