NOTICE is hereby given the City Commission of the City of Palatka, Florida, will consider the enactment of the following entitled Ordinance 2024-03:
AN ORDINANCE OF THE CITY OF PALATKA, BY CREATING SEC. 94-263 OF THE MUNICIPAL CODE OF THE CITY OF PALATKA AS IT PERTAINS TO PARKING AND STORAGE OF VEHICLES GENERALLY; ADDING PROVISIONS FOR THE DEFINITIONS OF VARIOUS VEHICLES; PROHIBITING OVERNIGHT VEHICLE PARKING IN THE RIGHT OF WAY, PROHIBITING UNLICENSED VEHICLES FOR EXCESS OF 12 HOURS, PROHIBITING MAJOR REPAIR OF VEHICLES ON RESIDENTIAL PROPERTY, PROHIBITING COMMERCIAL VEHICLES IN RESIDENTIAL ZONES, PROVIDING REQUIREMENTS FOR PARKING AND STORAGE OF PASSENGER VEHICLES IN RESIDENTIAL ZONES; PROVIDING FOR RECREATIONAL VEHICLE RESTRICTIONS; PROVIDING FOR SCRIVENER’S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE
at its meetings to be held at 6:00 PM on March 28 and April 11, 2024 at City Hall, 201 N. 2nd St., Palatka, Florida. Said proposed Ordinance may be inspected by the public at City Hall during regular hours of business. All interested persons are hereby advised of such consideration by the City Commission and all interested parties may appear at said meeting at said time and place and be heard with respect to the proposed ordinance. A business impact statement is below. This notice is given in accordance with F.S. 166.041.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
Business Impact Estimate
Proposed ordinance’s title/reference: Parking and storage of vehicles generally.
This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City of Palatka is of the view that a business impact estimate is not required by state law[1] for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting.
☐ The proposed ordinance is required for compliance with Federal or State law or regulation;
☐ The proposed ordinance relates to the issuance or refinancing of debt;
☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget;
☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government;
☐ The proposed ordinance is an emergency ordinance;
☐ The ordinance relates to procurement; or
☐ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare):
The parking and storage of vehicles ordinance seeks to address blight associated with abandoned vehicles, and the parking and storage of commercial and recreational vehicles in residential zoning for extended periods of time in areas that pose safety and welfare concerns.
2. An estimate of the direct economic impact of the proposed ordinance on private, for-profit businesses in the City, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
(b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs.
It is not anticipated that businesses will incur any direct compliance costs as the ordinance still allows for parking in residential areas, but in specific areas of the residential lot (garage, carport or driveway). Businesses that are unable to comply with the proposed ordinance will be financially responsible for code enforcement fines as a result of non-compliance. It is not anticipated that the City will incur any additional regulatory costs as compliance is determined by code enforcement officers during their regular course of business. Any nominal increase in regulatory costs will be offset by revenue from fines.
- 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: There are 1,120 businesses with Business Tax Receipts (BTRs) in the City of Palatka. Only businesses that have commercial vehicles that are brought home into a residential area for parking and storage would be impacted by this ordinance. Of those vehicles, only those that are not able to park the commercial vehicle in a garage, carport or driveway would be impacted by this ordinance. The ordinance defines “Commercial vehicle” to mean any vehicle used for agricultural, construction or industrial equipment; any motor vehicle having a carrying capacity of more than one ton; any motor vehicle to which has been added a platform rack or other similar apparatus designed for carrying property or cargo, but excluding a standard luggage rack; any pickup truck to which has been added a cargo box, or similar carrying device, which is located outside the flatbed portion of the vehicle, or which is located within the flatbed portion but exceeds the height of the cab portion of the vehicle; any motor vehicle equipped with a hoist or other similar mechanical equipment. The term “commercial vehicle” includes but is not limited to, a bus, step van, tractor, trailer, semitrailer, or semitruck, limousine, cab, ice cream truck, tow truck or any vehicle which requires a commercial driver's license to operate. A good faith estimate is that less than 5% of businesses would be impacted by the proposed ordinance.
4. Additional information the governing body deems useful (if any):
[You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: City staff solicited comments from businesses in the City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on City website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses).
[1] See Section 166.041(4)(c), Florida Statutes.