§ 12-13. Parking a motor vehicle, trailer or fifth-wheel in public area/property prohibited.

(a)

No person shall, and it shall be unlawful to, park or leave unattended any motor vehicle, trailer or fifth-wheel on any public area or on any public property in such a way as to impede or obstruct access to public or private ways, entrances or exits for vehicles or pedestrian traffic.

(b)

No person shall, and it shall be unlawful to, park or leave unattended any motor vehicle, trailer or fifth-wheel on any other public property, except for duly-authorized use of designated parking areas and except for persons floundering, crabbing or mullet fishing.

(1)

"Duly-authorized use" shall mean the parking of motor vehicles, trailers or fifth-wheels in designated parking areas for the purpose of access to a particular public or private business during the time of sunset and sunrise each day.

(2)

"Park" or "parking" means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in unloading passengers or personal property.

(3)

"Motor vehicle" shall include any device in, upon or by which any person or property is or may be transported upon a street, except devices moved by human power or operated on rails or tracks.

Both the Sheriff of Franklin County and the county administrator are hereby authorized to direct the towing and removal of any motor vehicle, trailer or fifth-wheel found parked or left unattended in violation of this section, and the owner thereof shall be entitled to recover such vehicle only upon payment of all reasonable towing and storage charges. Either the sheriff or the county director of administrative service may exercise the authority conferred by this section.

(c)

The county director of administrative services is directed to post signs that will adequately notify the public of the parking restrictions established by this section; provided, that the placement, adequacy or number of the signs shall not affect the validity of this section or of any prohibition hereunder, or of any action by the sheriff, or of prosecution for any violation hereof.

(d)

Penalty. Any person who violates the provision hereof shall be guilty of a noncriminal violation as defined in F.S. § 775.08, to be enforced in accordance with the provisions of applicable Florida law with respect to the investigation, prosecution and adjudication of noncriminal traffic offenses. Any person who violates the provisions hereof for a second time, or which violates the provisions hereof which violation causes or contributes to any injury to any person, shall be guilty of a misdemeanor of the second degree as defined by applicable Florida law, to be enforced in accordance with the provisions of applicable Florida law with respect to the investigation, prosecution and adjudication of criminal traffic offenses.

(e)

Rules of construction.

(1)

Words used in the present tense shall include the future and words in the singular number shall include the plural and plural the singular, unless the context clearly indicates the contrary.

(2)

Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows:

a.

"And" indicates that all connected terms, conditions, provision or events shall apply.

b.

"Or" indicates that the connected items, conditions, provision or events may apply singly or in any combination.

c.

"Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(3)

The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(Ord. No. 05-44, §§ 1—4, 7, 6-7-05)