O-2016-06 CITY OF CLERMONT
ORDINANCE No. 2016-06
AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY
COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
AMENDING THE CODE OF ORDINANCES, CHAPTER 62 TRAFFIC
AND VEHICLES, CREATING A NEW SECTION 62-39 PARKING FOR
CERTAIN PURPOSES PROHIBITED; SALE OF MOTOR VEHICLES;
PROHIBITED ACTS; PROVIDING FOR CODIFICATION;
SEVERABILITY; EFFECTIVE DATE; AND PUBLICATION.
WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of
Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City,
has held a public hearing on January 5, 2016 and following such hearing found this Ordinance to
be in the best interest of the City of Clermont, and recommended that the City Council adopt this
Ordinance, and
WHEREAS, the City Council of the City of Clermont desires to Amend Chapter 62
Traffic and vehicles, Creating a New Section 62-39 Parking for certain purposes prohibited, sale
of motor vehicles, prohibited acts, of the City of Clermont's Code of Ordinances, and
WHEREAS, the State of Florida has adopted under Florida Statutes Section 316 1951
Parking for certain purposes prohibited, sale of motor vehicles, prohibited acts, effective July 1,
2010, and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Clermont, Florida as follows
SECTION 1.
The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes
SECTION 2.
The City of Clermont Code of Ordinances is hereby amended to read as follows
Chapter 62 TRAFFIC AND VEHICLES
Article II Stopping, Standing and Parking
Section 62-39
Parking for certain purposes prohibited, sale of motor vehicles, prohibited acts
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CITY OF CLERMONT
ORDINANCE No. 2016-06
(1) It is unlawful for any person to park a motor vehicle, as defined in Florida Statutes
320 01, upon a public street or highway, a public parking lot, or other public property, or
upon private property where the public has the right to travel by motor vehicle, for the
principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or
rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on
such property by municipal or county regulation and the person is in compliance with all
municipal or county licensing regulations
(2) The provisions of Subsection (1) do not prohibit a person from parking his or her own
motor vehicle on any private real property which the person owns or leases or on private
real property which the person does not own or lease, but for which he or she obtains the
permission of the owner, or on the public street immediately adjacent thereto, for the
principal purpose and intent of sale, hire, or rental Provided, however, that such parking
of vehicles shall otherwise comply with all applicable laws, codes and regulations All
Clermont regulations for such parking must be adhered to
(3) Subsection (1) does not prohibit a licensed motor vehicle dealer from displaying for sale
or offering for sale motor vehicles at locations other than the dealer's licensed location if
the dealer has been issued a supplemental license for off-premises sales, as provided in
Florida Statutes 320 27(5), and has complied with the requirements in Subsection (1) A
vehicle displayed for sale by a licensed dealer at any location other than the dealer's
licensed location is subject to immediate removal without warning
(4) A local government may adopt an ordinance to allow the towing of a motor vehicle
parked in violation of this section A law enforcement officer, compliance officer, code
enforcement officer from any local government agency, or supervisor of the department
may issue a citation and cause to be immediately removed at the owner's expense any
motor vehicle found in violation of Subsection (1), except as provided in Subsections (2)
and (3), or in violation of Subsection (5), Subsection (6), Subsection (7), or Subsection
(8), and the owner shall be assessed a penalty as provided in Florida Statutes 318 18(21)
by the government agency or authority that orders immediate removal of the motor
vehicle A motor vehicle removed under this Section shall not be released from an
impound or towing and storage facility before a release form prescribed by the
department has been completed verifying that the fine has been paid to the government
agency or authority that ordered immediate removal of the motor vehicle However, the
owner may pay towing and storage charges to the towing and storage facility pursuant to
Florida Statutes 713 78 before payment of the fine or before the release form has been
completed
(5) It is unlawful to offer a vehicle for sale if the vehicle identification number has been
destroyed, removed, covered, altered, or defaced, as described in Florida Statutes
319 33(1)(d) A vehicle found in violation of this Subsection is subject to immediate
removal without warning
CITY OF CLERMONT
ORDINANCE No. 2016-06
(6) It is unlawful to knowingly attach to any motor vehicle a registration that was not
assigned or lawfully transferred to the vehicle pursuant to Florida Statutes 320 261 A
vehicle found in violation of this Subsection is subject to immediate removal without
warning
(7) It is unlawful to display or offer for sale a vehicle that does not have a valid registration
as provided in Florida Statutes 320 02 A vehicle found in violation of this Subsection is
subject to immediate removal without warning This Subsection does not apply to
vehicles and recreational vehicles being offered for sale through motor vehicle auctions
as defined in Florida Statutes 320 27(1)(c) 4
(8) A vehicle is subject to immediate removal without warning if it bears a telephone number
that has been displayed on three or more vehicles offered for sale within a 12-month
period
(9) Any other provision of law to the contrary notwithstanding, a violation of Subsection (1),
Subsection (5), Subsection (6), Subsection (7), or Subsection (8) shall subject the owner
of such motor vehicle to towing fees reasonably necessitated by removal and storage of
the motor vehicle and a fine as required by Florida Statutes 318 18
(10) This Section does not prohibit the governing body of a municipality or county, with
respect to streets, highways, or other property under its jurisdiction, from regulating the
parking of motor vehicles for any purpose
(11) A violation of this Section is a noncriminal traffic infraction, punishable as a nonmoving
violation as provided in chapter 318, unless otherwise mandated by general law
SECTION 3.
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole
SECTION 4
The text of Section 2 of this Ordinance shall be codified as a part of the Clermont City Code The
codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take
such editorial license
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CITY OF CLERMONT
ORDINANCE No. 2016-06
SECTION 5.
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed
SECTION 5.
This Ordinance shall be published as provided by law and it shall become law and shall take
effect immediately upon its Second Reading and Final Passage
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CITY OF CLERMONT
ORDINANCE No. 2016-06
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
Flonda on this 26th day of January, 2016
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CITY OF CLERMONT
r ? Gail L Ash, Mayor
ATTEST
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Tracy Ac yd Howe, City Clerk
Approved as to • - ality
,1W' . zans, ity Attorney