§ 2-5-7. Parking prohibited in designated areas.

(a)

No person shall park or leave unattended any motor vehicle or any boat, whether on a trailer or on a stationary block or platform, in any zoning district in any public area officially designated as a no-parking area, including county right-of-way, county real property, or property subject to a county easement for the use of drainage or swales, where designated as provided herein, unless upon written authority of Charlotte County.

(1)

Any person may apply to the public works director for the establishment of a non-parking area. The board hereby approves the form of application attached thereto as Exhibit "A" following this section for this purpose.

(2)

In order to be considered by the county, the completed application must be accompanied by the signed petitions of the owners of at least fifty-one (51) percent of the developed lots within the area to be regulated. The board hereby approved the form of petition attached hereto as Exhibit "B" following this section for this purpose. The public works division will maintain a supply of blank application and petition forms for use by the public.

(3)

Upon receipt of the application, the public works director shall direct that a review of the application be conducted. At the conclusion of the review, the public works director will prepare a report and recommendation, on a standard format, to the county administrator and the board of county commissioners. The report shall evaluate the application on the following criteria:

a.

A well-defined areas as delineated by a street, set of streets, or a neighborhood.

b.

Demonstrated support among individuals affected.

c.

Widespread public support.

d.

Safety concerns.

e.

Engineering analysis.

f.

Number of entrances to area to have signs posted.

g.

Cost of implementation.

(4)

Upon receipt of the report, the county administrator shall schedule and notice a public hearing for board consideration of the matter, at a regularly scheduled board meeting. Notice shall be by publication not less than seven (7) days, and not more than fourteen (14) days prior to the date of the hearing.

(5)

After consideration of public comment and the report and recommendations of the public works division, the board may adopt a resolution designating the subject area, or any modification thereof, as a no-parking area. The resolution shall specify the effective hours of the regulation.

(6)

The resolution shall provide that the public be given notice of the designed area by appropriate signage. Such signs shall clearly invalidate whether the regulation prohibits parking at any time or during specified hours.

(7)

Upon adoption of the resolution and upon designation of a source of funding by the board of county commissioners, the public works division shall mark with conspicuous signage the designated area.

(b)

License for Right-of-Way Use. As an exception to the prohibition contained in subsection (a), persons applying for use of a right-of-way for utility or parking purposes may be granted a license therefor under F.S section 125.42, upon the approval of the board of county commissioners.

EXHIBIT "A"

CHARLOTTE COUNTY APPLICATION FOR DESIGNATION
OF "NO PARKING" AREA

INSTRUCTIONS

Please complete every applicable item on this form. To be considered by the County, the signed and completed application must be accompanied by signed petitions of at least 51 percent of the owners or lessors of the lots within the area described in number 2 below. The Public Works Division will not process incomplete applications.

1.

Name and address of applicant (please print):

_____
_____
_____
Daytime phone number: _____

2.

Provide a verifiable description of the boundaries of the area or street to be regulated (you may attach a sketch or graphic depiction to the application): _____

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_____
_____

3.

State the reason or reasons for the establishment of the requested no parking regulation: _____

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_____

4.

State the time period in which the requested regulation would be effective, e.g., "No parking at any time," "No parking from midnight until 7:00 A.M.," etc. _____

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_____
_____

5.

Provide any additional information relevant to, or that should be considered by the County regarding the application: _____

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_____

_____
Applicant's signature

_____
Date of submission

NOTES: (1) Be sure the required number of petitions are attached to the application.

 (2) Return the application and petitions to:

Charlotte County Public Works Division
7000 Florida Street
Punta Gorda, Florida 33950
ATTENTION: Production Control

EXHIBIT "B"

PETITION FOR NO PARKING AREA

An application is being proposed for establishment of a "No Parking" regulation for the area and time periods described below:

(APPLICANT TO COMPLETE)

A.

Description or boundaries of area: _____

_____
_____
_____

B.

Effective hours of regulation: _____

_____
_____
_____

We, the undersigned, by our signatures hereon, certify our APPROVAL and SUPPORT of the above-described no parking regulation. NOTE : DO NOT SIGN PETITION IF A and B above have not been filled in. ONLY ONE SIGNATURE PER LOT.

NAME (signature)	Address or Legal	Daytime Phone
No.	Description of Lot
	in Designated Area

 

(Ord. No. 86-24, §§ 1—4, 5-27-86; Ord. No. 92-30, § 1, 6-2-92)

Editor's note

Ord. No. 86-24, adopted May 27, 1986, did not specifically amend the Code; hence, codification of §§ 1—4 as § 2-5-7 was at the discretion of the editor. This section was amended in subsections (a) and (b) and subsections (c) and (d) were repealed by § 1 of Ord. No. 92-30, adopted June 2, 1992. Section 3 of that ordinance declared the ordinance repealed on June 30, 1994.