§ 2-4-79. Parking within right-of-way.

(a)

Definitions. For purposes of this section, the following words and phrases shall have the meanings ascribed to them:

Park or parking means the standing of a vehicle whether occupied or not, otherwise then temporarily, for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers as may be permitted by law under the Uniform Traffic Control Law.

Stand or standing means the halting of a vehicle, whether occupied or not, otherwise then temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers, as may be permitted by law under the Uniform Traffic Control Law.

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

(b)

Prohibited. It shall be unlawful for any person to park any vehicle within the right-of-way of the following locations:

(1)

County Road 74 between U.S. 17/S.R. 35 and the Glades County line.

(2)

Taylor Road between Cooper Street and Airport Road.

(3)

Enterprise Drive between U.S. 41/S.R. 45 and S.R. 776.

(4)

Olean Boulevard between Aaron Street and Harbor Boulevard.

(5)

Harbor Boulevard between Aaron Street and Olean Boulevard.

(6)

Repealed.

(7)

Florida Street between Bailey Street and Henry Street.

(8)

Three Rivers Road between Florence Road and Prairie Creek Drive.

(9)

Southside of Englewood Road between Thorman Road and Coliseum Road.

(10)

Wisteria Place between Rio Villa Drive and the Venice Canal boat basin.

(11)

Leach Drive between Wisteria Place and Palm Drive.

(12)

Bayshore Road between Main Street and 200 feet east of Shear Street.

(13)

Shear Street between Bayshore Road and 100 feet north of Bayshore Road.

(14)

Pinion Street between Bayshore Road and Central Avenue.

(15)

On County Road 771 from El Gaspar Drive to the intersection of County Road 771 and County Road 775.

(16)

On County Road 775 from the intersection of County Road 771 and County Road 775 to Thunderation Way.

(17)

Both north and south sides of the eastbound lane of Panama Boulevard.

(18)

The first 500 feet of the south side of the westbound lane, center median strip of Panama Boulevard.

(19)

The first 400 feet of the north side of the westbound lane of Panama Boulevard.

(20)

An extension of the current parking prohibition on Placida Road from Thunderation Way northwest for one-half mile.

(21)

On Sailors Way from the intersection of SR 776 to a point 435 feet north of SR 776.

(22)

On the east and west side of Torrence Street from SR 776 to Ester Avenue and on the north and south side of Ester Avenue from Torrence Street west approximately 525 feet.

(23)

Along Point of Pines Road between SR 776 and Deer Creek Drive/Lemon Bay Drive.

(c)

The department of public works shall post those areas referred to in subsection (a) above with "No Parking" signs. Removal of any such sign without the authority of the department of public works shall constitute a violation of this Code.

(d)

Penalty.

(1)

A violation of this section will result in a fine as set forth in F.S. § 318.18, for nonmoving traffic violations as that statute may be amended from time to time.

(2)

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

(Ord. No. 91-23, § 1, 5-14-91; Ord. No. 91-62, § 1, 11-26-91; Ord. No. 92-78, § 1, 10-6-92; Ord. No. 93-43, §§ 1—3, 9-27-94; Ord. No. 97-123, § 1, 12-9-97; Ord. No. 2002-029, § 1, 6-25-02; Ord. No. 2003-038, § 1, 7-8-03; Ord. No. 2003-047, § 1, 8-11-03; Ord. No. 2008-052, § 1, 6-24-08; Ord. No. 2011-004, § 1, 2-22-11; Ord. No. 2011-016, § 1, 6-14-11; Ord. No. 2017-019, § 1, 4-25-17)