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Commercial vehicles subject to fines for parking on city rights-of-way

UPDATED: Q&A added

By MEGHAN BRADBURY 4 min read

Update:

The Breeze has received some queries asking for additional information on the city of Cape Coral’s parking ordinance pertaining to the parking of commercial vehicles.

The city has provided answers to the following reader questions: (Our thanks to the city’s Communications Office.)

Q: What is the definition of “parking?” Does this mean that a Lowes truck or a repair man or a window installer or yard maintenance crew can no longer park in front of a client’s house while working for that client?

A: The answer is no – Service providers (like lawn care, pool, delivery, contractors, etc.) can still park while working. They're allowed up to 2 hours while performing work or making deliveries. Also, they could park in the person's driveway.

Q: Where would the vehicle be allowed to park if the client do not want them parking in the driveway.

A: Service providers (like lawn care, pool, delivery, contractors, etc.) can still park in the ROW while working. They're allowed up to 2 hours while performing work or making deliveries. Crews working on permitted jobs can park in the right-of-way (ROW) if there's an approved construction management plan in place. So, if you're doing a kitchen remodel and have received the proper permits for the project, their vehicles would be allowed to park in the ROW because there is an approved permit in place for the work to take place.

Q: After what time period is the parked vehicle in violation of 44-25?

A: Two hours, however, that is not the spirit of the ordinance. The determination would ultimately be up to the officer called to the scene; however, the intent is to prevent habitual offenders of parking commercial vehicles along the ROW of streets and reduce long-term storage of large commercial vehicles.

Q: Is this ordinance in effect during working hours?

A: Yes.

Q: When does this take effect?

A: Oct. 1, 2025

Original post:

Cape Coral City Council approved a city-wide prohibition of the parking of commercial vehicles and trailers in the public rights-of-way Wednesday.

City Attorney Alexandr Boksner said a new section of the city ordinance deals with enforcement by the parking enforcement officer issuing violations within public property and recognizing code compliance to enforce parking regulations on private property.

"The purpose of the proposed ordinance is to consolidate all existing parking regulations currently located throughout the City's Code of Ordinances and the Land Development Code into one Article in the Code of Ordinances. The proposed ordinance also establishes a city-wide prohibition for the parking of commercial vehicle and trailers in the public rights-of-ways. The intent of the ordinance is to protect the health, safety and welfare of the citizens of the City reducing the obstruction of views of drivers and pedestrians who are attempting to navigate City streets; by reducing impediment to the flow of traffic; and by reducing aggravate to the aesthetic standards of the City," the summary included in documents post online with the council agenda states.

The ordinance was developed to address the city experiencing "a great increase in the proliferation of commercial vehicles being parked and stored along public rights-of-way in the city."

The public right-of-way is to "enable pedestrians and lawfully permitted vehicles to safely and efficiently move from place to place, facilitate the delivery of goods and services, and provide the general public with convenient access to goods and services."

Businesses will be subject to a civil penalty under Ordinance 44-25 if a commercial vehicle or a trailer registered to that business commits a violation of various parking prohibitions.

Civil penalties will be assessed at $100 for violations with violations for parking in areas designated for disabled persons to be a $250 civil penalty.

The ordinance includes provisions for certain circumstances including emergency situations such as vehicle mechanical issues, driver incapacity, or similar circumstances with the emergency parking not to exceed 24 hours. Emergency situation violations not subjected to fines are limited to two within a 12-month period.

Councilmember Bill Steinke said he was very supportive of the ordinance and content but he had concern of a "sea turtle getting caught in a fishing net" when it comes to passenger vehicles with lettering. He said a passenger vehicle currently has exemption for the driveway at a house. The same exemption for right-of-way parking did not gain any traction from the other council members.

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