LEE COUNTY ORDINANCE NO. 91-35

AN~ORDINANCEmAMENDING AND RESTATING LEE LUULV~~ ORDiN-ICE NOS. 86-21 AND 90-39 RELATING TO ON-STREET PARKING IN THE LEE COUNTY PORTION OF GASPARILLA ISLAND, FLORIDA; PROVIDING JUSTIFICATORY CLAUSES; PROVIDING FOR SHORT TITLE; -- -__--___- PROVIDING FINDINGS OF FACT; !?K""ILIIN~ DEFiNiTiONS; PROVIDING FOR PARALLEL AND ANGLE PARKING REGULATIONS; PROVIDING APPLICABILITY; PROV=+BI%G FOR SPECIFIC PARKING PROHIBITIONS; PROVIDING FOR AREAS FOR PUBLIC PARKING; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR LIABILITY; PROVIDING FOR PENALTY; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICT; ..,-.T1-.?1 Tn 2nuvLuLt\~ FOR CODIFICATION; AND, PROVIDING FOR EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners of Lee County,

Florida recognizes rhe neces-sity of preserving Gaspariiia-

island's irreplaceable natural features for use and enjoyment by

residents and visitors alike and the necessity of balancing the

increasing pressure for parking and other services against

environmental constraints; and

WHEREAS, the Board desires to perpetuate the beauty,

tranquility and other envxonmental virtues which have made this

sensitive barrier isiand famous; and

WHEREAS, the Board of County Commissioners of Lee County

-gi $&e c &mxxage +hP llq~ nf the public um facilities on

the island by Lee County residents and visitors; and

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WHEREAS, it is -the intent of this Ordinance to reduce

hazardous traffic conditions~--for pedestrians and -v&ieles ~.~.

resulting from parking of vehicles upon major street and road

rights-of-way within or adjacent to the Island's residential and

central business district; to protect those areas and the Island

from excessive noise, trash, refuse and commotion commonly

associated with such parking; to protect rhe Island's residents

and property owners and business personnel from unreasonable

burdens in gaining access to their properties and businesses; 'to

preserve the character of -the Island generally as low intensiry

residential a-d mcnr+ .k--v+ -i thereby promoting and stabilizing the

residential property values and tax base of the Island and the

Island's tourist related economy; to promote efficiency in the

maintenance of streets and public areas in a clean and safe

condition; and to preserve the safety of children and other

pedestrians and traffic safety generally; and

WHEREAS, Policy VIII.B.4. of the Lee Plan states that the

County shall guarantee the availability of beach recreational

areas equipped with sufficient parking facilities to insure user

convenience and to avoid unnecessary disruption to adjacent

neighborhoods.

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ice NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY

. COMMISSIONERS OF LEECOUNTY, FLORIDA; THAT:

SECTION ONF : SHORT TITLE

This Ordinance shall be known as, referred to, and cited as

the "Gasparilla Island Parking Ordinance."

SECTION TWO: FINDINGS OF FACT

The Board of County Commissioners finds the following facts

to be true and a sufficient basis, either individually or in

combination, to justify the restrictions on parking set forth

herein.

P 2 &&& ~Gasparilla Island in Lee County, Florida, is

approximately six j6J miles long, is between eight

hundred fifty 18501 and thirtv six hundred

13,6001 feet wide, contains approximately eleven

hundred and ninety 11,1901 acres, is situated between

the Gulf of Mexico and Charlotte Harbor, and is known

for its unique atmosphere and unusual natural

environment; end

B. 2432 The attraction of Gasparllla's serene environment and - beautiful beaches has resulted in an inordinate

influx of tourists, visitors and w daytime

siqhtseers; and

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& 2+$3 The influx of tourists parking within the Island's

residential neighborhoods-and iow intensity- resort ~-~~ ~~ ~~~

areas has caused serious inconvenience, discomfort

and unsafe conditions for the County's residents and

taxpayers; a&

D. %%4 The primary responsiblity of paying for the public -

services required by the influx of tourists is borne

by the Cozrty's resider&s and taxpayers; a&

E. G%3+ Safe parking upon many of the Island's streets and - road rights-of-way is impossible or inappropriate due

to the presence of mature vegetation and extremely

unstable roadway shoulders; and

F. 24-5 Parkrng along the main artery road and specific side - roads and streets creates a hazardous and congested

condition endangeriag the well-being of motorists,

bicyclists, and pedestrians alikelw

SECTION THREE: DEFINITIONS

A. 34+ Person: - Any natural person, individual, firm,

association, joint venture, partnership, estate,

trust, business trust, syndicate, fiduciary,

corporation and any other group or combination.

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B. 3i-Bz Vehicle: Any motorized device in, upon, or by which -

any person or property-is, or may be, transported or ~~ -

drawn upon a highway including motorcycles and

rotor-driven cycles as defined by Florida Statutes.

This does not include mopeds.

SECTION FOUR: m PARALLEL AND ANGLE PARKING REGULATIONS

A. - Parallel Parking

1 9 Except as otherwise provided in this section, every

vehicle stopped or parkinq uoon a two-way roadway

shall be so stopped or parked with the ;iqht-hand

wheels parallel to and within twelve (12) inches of

the riqht-hand curb or edqe of the roadway;

2 2 Every vehicle stooped or parked upon a one-way

roadway shall be so stopped or parked parallel to the

curb or edge of the roadway, in the direction of

authorized traffic movement, with its riqht-hand

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wheels within twelve (12) inches of the riqht-hand

curb or edqe of the roadway;-or its left wheeis

within twelve (12) inches of the left-hand curb or

edge of the roadway.

B -I Angle Parkinq

Angle parkinq may be permitted on streets and/or

roadways within unincorporated Lee County provided

that a proper 2nd documented traffic enqineerinq

study is performed, either by the Department of

Transportation and Enqineerinq or by 2 private

consiilt2ilt, and =nnrn.r!aA b" pl.a..v.-- , the Department of

Transportation and Enqineerinq pursuant to the

applicable Adininistrative Code.

SECTION FIVE: ATPLICABILITP

The provisions of this Ordinance shall apply to the

qeoqraphical area of Gasparilla Island in Lee County, Florida.

Where not provided for or prohibited by this ordinance, the

provisions found within Lee County Parkinq Control Ordinance

Shall also apply on Gasparilla Island.

The provisions of this Ordinance apply only to the parkinq of

vehicles. It is not the intent of this Ordinance to restrict

access by the qeneral public to the public beaches. Bicycles and

mopeds are excluded from the purview of this Ordinance.

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SECTION SIX: SPECIFIC PARKING PROHIBITIONS

Except as provided in Section + Eiqht~the parking of

vehicles in or upon the following street and road rights-of-way

(denoted on Exhibit A) within the boundaries of Gasparilla

Island, Lee County, Florida, is hereby prohibited:

A. 5&% Gasparilla Road (also known as County Road and -

Highway 771) from the Charlotte County/Lee County

line south to and including 5th Street.

B. S&Z All of Gulf Boulevard from 1st Street south to the -

intersection of Gulf Boulevard and Belcher Road.

C. M Earbor Drive from 1st Street North to 4th Street: - except for Lots 7, 8, 9, 10 and 11 Earbor Drive

Waterways Subdivision, one the west -side of Harbor

Drive. Lot B, Earbor Drive Waterways Subdivision, on

the east side of Barbor Drive; and Lots 11, 12, and

13, & platted Block 24, Addition to Boca Grande

Plat, on the east side of Harbor Drive.

SECTION SEVEN: AREAS FOR PUBLIC PARKING

The following designated parking areas shall continue to

provide the opportunity for public beach parking on Gasparilla

Island.

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A. 64X& Those parking areas located at the western end of 5th -

Street, between Gilchrist Ave. and -rzhe Gulf of. -

Mexico.

n. W That parking area located at what is known as Hal z

Scott Park and the U.S. Coast Guard Range Light Park.

C. &83 That parking area owned by the public located between -

lots 31 and 32 of Golden Beach Unit 1.

D. 4&84 Those parking areas located at the southern end of - the Island and known as Light House Park (also known

as Lee County Park).

H G--8+ siich other -I - areas as m.ay be designated by the Board of

County Commissioners and/or the State of Florida for

public purposes from time to time.

SECTlOG EIGHT: EXCEPTIONS

This Ordinance shall not apply to:

A. m Lee County vehicles parked for purposes of conducting - County business, including, but not limited to, Lee

County Department of Transportation and Engineering

Services, Lee County Department of Community Services

and Division of Parks and Recreation We&&e?, and

Lee County Department of Community Development.

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B. 3434% Lee County Sheriff vehicles, fire and other emergency -

vehicles, including ambilances, for- purposes -of

responding to an emergency or fire.

c. ,.-- - - F lorida Righway Patrol vehicles, U.S. Coast Guard,

F lorida Department of Natural Resources, F lorida

Marine Patrol and other law enforcement vehicles when

conducting law enforcement business and when such

vehicles are clearly identified as law enforcement

agency vehicles.

D. 74% Private vehicles when conducting animal rescue, and -

vehicles of DLLGIILIkIC ,e,..., rr:--4e:4=;- c Z lrnC condlxtiag research for

only the period necessary to accomplish their task

and Only with prior approval of the Lee County

assigned Boca Grande deputy.

E. 74-5 Individual private vehicles as approved by the County -

Administrator or the Administrator's designee, after

consultation with the Boca Grande F ire Control

District Chief, for reasons of health: handicaps, or

unique hardship.

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I?. =&@b Individual private vehicles as approved by the Lee -

County assigned Boca Grande deputy; toe ailow parlcii~g ~~.~~~ ~~ ~ - for special events of limited duration.

G. W The temporary parking of moving vans, delivery -

trucks, garbage pick-up vehicles, and other service

related vehicles.

SECTION NINE: ENFORCEMENT

Tile res-ponsibility for en-forcement of t'he provisions of this

Ordinance shall lie with the Lee County Sheriff's Department.

This Ordinance shall not be enforceable until such time as signs

are iiiSt&led in the follo4ng places which clearly state the

intent of the Ordinance:

(1) At the Charlotte- County/Lee County line on

Gasparilla Island; and

(2) At the intersection of Gulf boulevard and 1st

Street; and

(3) At the intersection of Harbor Drive and 1st Street;

and

(5) At lots 7, 8 and 9 on the west side of Harbor Drive;

and at lots 11, 12, 13, A and B on the east side of

Harbor Drive.

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SECTION TEN: LIABILITY

The vehicle-registrant-is responsible-and liable for payment

of any parking ticket, fine, civil penalty or impoundment fee or

eaforcem.en& procedure hereunder unless the vehicle registrant

furnishes evidence that the vehicle was, at the time of violation

in the care, custody or control of another person. In such

instances, the vehicle registrant is required, within forty-eight

(48) hours after notification of the violation, to furnish to the

Lee County Sheriff's Department's duly assigned Deputies at Boca

Grande, Florida, the name and address of the person who had care,

custody or control of the vehicle. The vehicle rorris+ran+ 1s not --~ --------

responsible for any violation if the vehicle involved was, at the

the, s-colen or in the care, custody or control. of some person

who did not have permission of the vehicle registrant to use the

vehicle.

SECTION ELEVEN: PENALTIES

Any violation of Section 5 5 of this Ordinance shall be

punishable by either a fine of thirty-five dollars ($35.00) or

punishable by removal of vehicle by means of towing and

impoundment. Any person who fails to satisfy the provisions

a

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contained in the Lee County summons for violations of parking

contained in the Lee County Parkinq Control Ordinance,~See%an

elects to annear before a designated official -rc--- of the Lee County

Traffic Court to present evidence shall be deemed to have waived

his right to the civil penalty provisions of the ticket. The

official, after a hearing shall make a determination as to

whether a parking violation has beer. comzaitted and may impose a

fine not to exceed ene two hundred dollars ($200.00) plus court -

costs. Owners whose vehicles have been towed and impounded shall

be required to pay for such associated costs.

SECTION TWELVE: SEVERABILITY

If any section, subsection, sentence, clause or phrase or if

any portion of this Ordinance is found for any reason to be

invalid, or unconstitutional by any court of competent

jurisdiction, such portion shall be deemed a separate and

distinct, an independent provision, and such holding shall not

affect the validity of any remaining portions thereof.

SECTION THIRTEEN: CONFLICTS WITH OTHER LAWS

Whenever the requirements or provisions of this Ordinance are

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in conflict with the requirements or provisions of any other

lawfully adopted ordinance, the~most restrictive requirements

shall apply.

SECTION FOURTEEN: INCLUSION IN CODE

It is the intention of the Board of County Commissions that

the provisions of this Ordinance shall become and be made a part

Of the Code of Laws and Ordinances of Lee County; and that the

sections of this Ordinance may be renumbered or relettered and

the word "ordinance" may be changed to "section" or such other

appropriate word or nhrzlcn r.*c -"- iPA order to accomplish such

intentions.

SECTION FIFTEEN: EFFECTIVE DATE

ThiS Ordinance shall take effect upon receipt of notice from

the Secretary of State that the Ordinance was duly filed with the

Secretary of State of the State of Florida.

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THE FOREGOING ORDINANCE was offered by Commxsioner Manning

who moved its adoption. The moEion was seconded by Commissioner

Judah and, being put to a vote, the vote was as follows:

DONALD SLISHER absent

JOHN E. MANNING aYe

RAY JUDAH we

DOUGLAS ST. CERNY aYe

VICXI LOPEZ-WOLFE absent

DONE AND ADOPTED this 18th day of December, 1991.

ATTEST,: COMMISSIONERS

BJRWEB/&TOa

Offi&f Counw Attorney *:. , 872

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EXHIBIT A