§ 20-39. Definitions.

The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context otherwise requires:

(a)

Bicycle: Any device propelled by human power, or any "moped" propelled by a pedal-activated helper motor with a manufacturer's certified maximum rating of one and one-half (1½) brake horsepower, upon which any person may ride, having two (2) tandem wheels, wither of which is twenty (20) inches or more in diameter, and including any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels.

(b)

Bicycle path: Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way.

(c)

Board of county commissioners: The Board of County Commissioners of Hernando County, Florida.

(d)

Clerk: Clerk of the Circuit Court and County Courts of Hernando County, Florida.

(e)

Commercial motor vehicle: Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle:

(1)

Has a gross vehicle weight rating of ten thousand (10,000) pounds or more;

(2)

Is designed to transport more than ten (10) passengers, including the driver; or

(3)

Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 1801 et seq.).

(f)

County: Hernando County, Florida.

(g)

Crosswalk:

(1)

That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway, measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.

(2)

Any portion of a roadway set aside for pedestrian crossing at an intersection or elsewhere which is distinctly indicated by lines or other markings on the surface.

(h)

Designated disabled parking space: Any disabled parking space posted with the sign bearing the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY" or similarly designated on the parking space.

(i)

Exclusive bicycle lane: That portion of a highway or street set aside only for bicycle travel and which is distinctly indicated by lines or other markings on the surface.

(j)

Handicapped or disabled person: Any person who is:

(1)

Severely physically disabled and has permanent mobility problems which substantially impair his ability to ambulate; or

(2)

Certified as legally blind.

Any person meeting either of the above requirements must also have been issued an exemption entitlement parking permit pursuant to F.S. ch. 320, as amended, or legally issued pursuant to the statute, rule or regulation of any other country, state, province, district or territory.

(k)

Highway: The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic.

(l)

Intersection:

(1)

The area embraced within the prolongation or connection of the lateral curb lines; or, if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at, or approximately at, right angles; or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

(2)

Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection.

(m)

Pay designated parking space: Any parking space within any land owned, leased or controlled by the county that is marked or designated as pay parking and for which a parking fee is required to stop, stand or park any vehicle to cover the duration of time said vehicle is stopped, standing or parked in said space. The meter or pay station may be individualized to each particular parking space or may be placed in a centralized location or locations in order to cover multiple parking spaces.

(n)

Official traffic-control device: All signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

(o)

Official traffic-control signal: Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

(p)

Owner: A person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of the vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for purposes of this article.

(q)

Park or parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers as may be permitted by law under this article.

(r)

Parking enforcement specialist: A person appointed by the sheriff, the head of county code enforcement and/or the county department director having jurisdiction over county parks, lands or applicable facilities to enforce parking regulations and said person has successfully completed a state-approved training program for parking enforcement specialists in accordance with all applicable state laws and regulations.

(s)

Parking ticket: The means by which a violation is enforced through the affixing of an official form to the vehicle. A parking ticket shall identify the vehicle by tag number or vehicle identification number, list the type of violation(s), state the amount of civil penalty, state the procedures to be followed in either paying the civil penalty or electing to have a hearing to contest the civil penalty, and state the penalty for failure to comply with the directions contained in the ticket. The parking ticket may be in the form of a ticket, notice, or citation although for purposes of this article all may be treated as one and the same.

(t)

Person: Any natural person, firm, copartnership, association or corporation.

(u)

Private road or driveway: Any privately owned way or place for vehicular travel by the owner and not open to travel by the public.

(v)

Public parking space: Any parking space which the owner, lessee or person in control of such property provides for use by members of the public other than employees of such owner, lessee or person, including, but not limited to, parking spaces at shopping centers, stores, offices, motels, malls, restaurants and marinas.

(w)

Railroad: A carrier of persons or property upon cars operated upon stationary rails.

(x)

Residential area: Any area of the county which is classified within any one (1) of the following zoning classifications: R-1A, R-1B, R-1C, R-2, R-3, R-PDP, RM or MH-PDP.

(y)

Roadway: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway," as used herein, shall refer to any such roadway separately but not to all such roadways collectively.

(z)

Sheriff: The Sheriff of Hernando County or his duly-appointed deputies.

(aa)

Sidewalk: That portion of a street between the curb line, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

(bb)

Stand or standing: The halting of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in receiving or discharging passengers as may be permitted by law under this article.

(cc)

Stop or stopping: When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or traffic-control sign or signal.

(dd)

Street: The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic.

(ee)

Traffic: Pedestrians, ridden or herded animals, and vehicles, and other conveyances, either singly or together, while using any street or highway for purposes of travel.

(ff)

Vehicle: Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(Ord. No. 2011-1 § I, 1-11-11)