BOYNTON.14 CHAPTER 14
MOTOR VEHICLES AND TRAFFIC*
*Cross references - Identification of vehicles used miles per hour, and the speed limits hereinabove
in business, § 13 - 21; unnecessary use of horns, § 15 - established shall be altered accordingly when such
8(b); noisy vehicles, § 15 - 8(f), (h); parades, § 15 - 10; construction conditions exist, except in any area
prevention of scattering of loads, § 15 - 33; traffic and where a lower speed limit has been established and in
parking regulations in beaches and parks, § 16 - 69 et such event the lower speed limit shall govern. (Code
seq.; recreational vehicles, Ch. 20; taxicabs, Ch. 24; 1958, § 29 - 2)
trailers, Ch. 25; traffic control devices in subdivisions,
App. C, Art. IX, § 16; design specifications for traffic
cont rol devices in subdivisions, App. C, Art. X, § 17. Sec. 14 - 3. Truck parking; regulated.
State law references - State traffic control law
generally, F.S. Ch. 316; municipal legislation (a) Time limit on public streets. It is hereby
prohibited on matters covered by that law, F.S. § declared unlawful for any individual to park or cause
316.007; powers of local authorities, F.S. § 316.008; to be parked any farm tractor, semi - trailer, truck or
munici pal speed limits, F.S. § 316.189. other motor vehicle of greater than one (1) ton chassis
configuration on any publicly dedicated street, alley
or thoroughfare (including the entire right - of - way
Sec. 14 - 1. Regulatory traffic control. thereof) of the city for a longer period than fifteen
(15) minutes, unless the actual loading or unloading
(a) All signs, striping, and traffic signals of such vehicle is involved or in progress.
established by the direction of the City Commission
and/or city staff shall conform, to the extent possible, (b) Time limit in areas zoned residential. It is
to implement the relevant regulations to the current hereby declared unlawful for any individual to park,
national Manual on Uniform Traffic Control Devices cause to be parked or allow to be parked any farm
for streets and highways in effect at the time of the tractor, semitrailer, truck or other motor vehicle
establishment of said signs, striping, and traffic greater than one (1) ton chassis configuration for a
signals. longer period than fifteen (15) minutes in any
residential area of the city as defined on the city's
(b) When authorized signs are replaced, the new master zoning map, unless the actual loadi ng or
sign shall co nform to the national Manual on Uniform unloading of such vehicle is involved and in progress.
Traffic Control Devices for streets and highways in
effect at the time of replacement. (Ord. No. 02 - 009, § (c) Effect of provisions. This section shall not
2, 2 - 19 - 02) be construed as authorizing trucks to utilize any street
Editor's note - Ord. No. 85 - 45, Attach. (b), or other public thoroughfare of the city over which
adopted Aug. 20, 1985, repealed former § 14 - 1, such vehicular traffic is now prohi bited by ordinance
carele ss driving, as derived from the 1958 Code, § 29 - or lawful order of the police department. (Code 1958,
9. § 29 - 4; Ord. No. 81 - 10, § 1, 4 - 7 - 81; Ord. No. 89 - 3, §
1, 2 - 21 - 89; Ord. No. 93 - 6, § 1, 5 - 4 - 93; Ord. No. 93 -
36, § 1, 9 - 21 - 93)
Sec. 14 - 2. Speed in construction areas. Cross reference - Zoning ordinance, App. A.
The speed of vehicular traffic over any portion of
any street, avenue, road, highway or other Sec. 14 - 4. Sol icitation of rides or business.
thoroughfare within the city used by vehicular traffic,
which area is under construction or repair and properly (a) It shall be unlawful for any person to stand
marked by signs as such, shall not exceed twenty (20) upon any sidewalk, street, avenue, alley or public
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2002 S - 18
Boynton Beach Code
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highway or grounds within the limits of the city for h. On any railroad tracks.
the purpose of hitchhiking, “thumbing,” requesting,
asking, or soliciting a ride from the operator of any
vehicle. The provisions hereof shall not be construed
to prevent a person from soliciting upon a public
highway, or a driver of a vehicle from giving a ride,
where an emergency actually exists, nor to prevent a
person from signaling or requesting transportation
from a passenger carrier for the purpose of becoming
a passenger thereon for hire.
(b) No person shall stand in a roadway for the
purpose of soliciting employment or bus iness from
the occupant of any vehicle. (Code 1958, § 29 - 10)
State law reference - Authority to prohibit
hitchhiking, F.S. § 316.008(1)(u).
Sec. 14 - 5. Stopping, standing, or parking
prohibited in specified places.
(a) Except when necessary to avoid c onflict
with other traffic, or in compliance with law or the
directions of a police officer or official traffic control
device, no person shall:
(1) Stop, stand, or park a vehicle:
a. On the roadway side of any vehicle
stopped or parked at the edge or c urb
of a street.
b. On a sidewalk.
c. Within an intersection.
d. On a crosswalk.
e. Between a safety zone and the
adjacent curb or within thirty (30) feet
of points on the curb immediately
opposite the ends of a safety zone,
unless a different length is in dicated
by signs or markings.
f. Alongside or opposite any street
excavation or obstruction when
stopping, standing, or parking would
obstruct traffic.
g. Upon any bridge or other elevated
structure.
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(b) No person shall move a vehicle not lawfully
under his control into any such prohibited area p or
away from a curb such a distance as is unlawful. l
(Ord. No. 89 - 3, § 2, 2 a - 21 - 89)
2002 S - 18
Motor Vehicles and Traffic
2A
Sec. 14 - 6 Traffic calming measures. vehicles as derived from the 1958 Code, §§ 29 - 3, 29 -
3.1.
(a) The city shall consider placement of traffic
calming measures only upon completi on of an initial
traffic study. Traffic calming shall be considered: Sec. 14 - 7. Trains blocking or obst ructing
crossings.
(1) Only on those local streets with average
daily traffic volumes greater than 500 (a) No two (2) or more consecutive street
vehicles per day; and crossings, where the streets of the city intersect a
railroad track at grade level shall be blocked by
(2) Only when the 85th percentile speed is railroad traffic of any nature whatsoever, at the same
greater than 30 mph for those str eets posted time, for a period of more than ten (10) minutes, and
at 25 mph, or greater than 35 mph for those in no case shall any street crossing within the city be
streets posted at 30 mph. blocked by railroad traffic for a period of more than
twenty (20) minutes. After a railroad crossing has
(b) Signing, striping and other devices been
identifying traffic calming measures shall conform to blocked by railroad traffic for a period of more than
the current Manual on Uniform Traffic Control twenty (20) mi nutes, said crossing shall not again be
Devices. (Ord. No. 02 - 009, § 2, 2 - 19 - 02) blocked by railroad traffic until it has been cleared
Editor's note - Former § 14 - 6, repealed by Ord. for the use of vehicular or pedestrian traffic
No. 85 - 45, Attach. (b), adopted Aug. 20, 1985, had
pertained to speed limits for trains and other railroad
2002 S - 18
Boynton Beach Code
2B
Motor Vehicles and Traffic
3
across or upon the intersecting s treets for a period of at Sec. 14 - 8. Supplemental provisions for
least ten (10) minutes. impounding, sale, redemption of
abandoned vehicles; disposition of
(b) It shall be the responsibility of all railroads proceeds.
operating trains or other railway vehicles of any nature
whatsoever within or through the city to notify the city (a) The provisions of this section shall be in
police and fire departments whenever a ny street addition and supplemental to any other provisions of
crossing is to be blocked by railroad traffic for a law.
period of ten (10) minutes or more. (Code 1958, § 29 -
3.2) (b) Any abandoned vehicle, as defined in the
Cross reference - Obstructing streets generally, § Statutes of the State of Florida, lawfully taken into
22 - 4. possession of the city by any officer or agent thereof
may be sold by the city at public outcry to the highest
bidder, after notice of said sale shall have been in a
Sec. 14 - 7.1 When sounding train whistle - horn news paper of general circulation in the city once a
prohibited; penalty. week for a period of two (2) consecutive weeks, with
the first publication being at least fifteen (15) days
(a) It shall be unlawful and a public nuisance for prior to the date of sale, and the purchaser at said sale
any person, business or corporation operating a shall take title to said propert y free and clear of all
railroad train of a railroad company wholly within the prior claims against same. A diligent search and
State of Florida to blow, activate, or in any way permit inquiry shall be conducted by the city official
or cause the blowing or activation of train whistles conducting any such sale, prior to said sale, to
and/or horns from railroad trains between the hours of ascertain the name and residence address of the owner
10:00 p.m. and 6:00 a.m. on any day, when such train and any lienholders against subj ect property, and an
is traveling within the City of Boynton Beach, Florida. affidavit establishing that such search has been made,
together with the names and addresses of the owner
(b) This section relates only to public and lienholders, or that the same are unknown to
railroad/highway grade railroad train crossings h aving affiant, shall be set forth therein and filed in the sale
train activated automatic traffic - control devices, which proceedings. A copy of the notice of sale shall be
shall include flashing lights, bells and crossing gates mailed to each owner and lienholder, if known, at
on both sides of the railroad tracks. least ten (10) days prior to the date of sale. Failure of
such owners and lien - holders to receive such notice
(c) Any person, business or corporation found to shall not invalidate the sale. Any owner or lienholder
be in violation of this section will be subject to the shall have t he right to redeem subject property prior
penalty provisions of section 1 - 6, general penalties; to the time of sale by paying the city all costs incurred
continuing violations; adjudging fines and in connection with the proceedings, including moving
imprisonment of the Code of Ordinances of the City of and storage costs incurred. Proceeds of such sales
Boynton Beach, Florida. (Ord. No. 84 - 33, §§ 1 — 3, 8 - shall be and become a part of the general fund of t he
21 - 84; Ord. No. 86 - 38, § 1, 11 - 5 - 86) city to be utilized pursuant to directions of the city
Editor's note - Ord. No. 84 - 33, §§ 1 — 3, adopted council for any lawful purpose. (Laws of Fla., Ch. 63 -
Aug. 21, 1984, did not specify manner of codification; 1123, § 1)
hence, inclusion herein as § 14 - 7.1 has been at the Cross reference - Alternative provisions for
discretion of the editor. abandoned, wrecked or junked vehicles, § 10 - 50 et
Cross reference - Locomotive whistles and bells seq.
disturbing peace and quiet of neighborh oods, § 15 - State law references - Vehicle defi ned for
8(a). purposes of traffic law, F.S. § 317.003(64);
supplemental procedure for removal and destruction
of abandoned property, including definition of
“abandoned property,” F.S. § 705.16.
Boynton Beach Code
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Sec. 14 - 9. Disabled parking space violat ion.
custody, or control of some person who did not have
(a) It shall be unlawful for any person to stop, permission of the owner to use the vehicle.
stand, or park a vehicle in any parking space
designated with the internationally accepted (b) Any person issued a parking ticket by a
wheelchair symbol or the caption, “PARKING BY parking enf orcement specialist or officer shall be
DISABLED PERMIT ONLY,” or with both such deemed to be charged with a noncriminal violation
symbol and caption, un less such vehicle displays a and shall comply with the directions on the ticket. In
parking permit issued pursuant to Section 320.0848, the event that payment is not received or a response to
Florida Statutes, and such vehicle is transporting a the ticket is not made within the time period specified
person eligible for such parking permit. However, any thereon, the county court or its traffic violations
person who is chauffeuring a disabled person shall be bureau shall notify the registered owner of the vehicle
allowed, witho ut need for an identification parking which was cited, by mail to the address given on the
permit, momentary parking in any such parking space motor vehicle registration of the ticket. Mailing of the
for the purpose of loading or unloading a disabled notice to such address shall constitu te notification.
person. No penalty shall be imposed upon the driver Upon notification, the registered owner shall comply
for such momentary parking. with the court's directive.
(b) Whenever a law enforcement of ficer or a (c) Any person who fails to satisfy the court's
parking enforcement specialist finds a vehicle in directive shall be deemed to waive his right to pay the
violation of this section, that officer may have the applicable civil penalty.
vehicle in violation removed to any lawful parking
space or facility or require the operator or other person (d) Any person who elect s to appear before a
in charge of the vehicle immediat ely to remove the designated official to present evidence shall be
unauthorized vehicle from the parking space. deemed to have waived his right to pay the civil
Whenever any vehicle is removed by a law penalty provisions of the ticket. The official, after a
enforcement officer, parking enforcement specialist, hearing, shall make a determination as to whether a
or agency to a storage lot, garage, or other safe parking violation has been co mmitted and may
parking space, the cost of such removal and parki ng impose a civil penalty not to exceed one hundred
shall be a lien against the vehicle. (Ord. No. 85 - 44, § dollars ($100.00) plus court costs. Any person who
1, 8 - 6 - 85; Ord. No. 89 - 3, § 3, 2 - 21 - 89) fails to pay the civil penalty within the time allowed
by the court shall be deemed to have been convicted
of a parking ticket violation, an d the court shall take
Sec. 14 - 10. Liability for payment of parking appropriate measures to enforce collection of the fine.
ticket violations.
(e) The city police department as the city's
(a) The owner of a vehicle is responsible and traffic violations bureau shall periodically supply the
liable for payment of any parking ticket violation Florida Department of Highway Safety and Motor
unless the owner can furnish evidence that the vehicle Vehicles (“department”) wit h magnetically encoded
was, at the time of the parking violation, in the care, computer tape reels or cartridges which are machine
custody, or control of another person. In such readable by the installed computer system at the
instances, the owner of the vehicle is required, within department, listing persons who have any outstanding
a reasonable time after notific ation of the parking violation for parking in a handicap/disabled parking
violation, to furnish to the appropriate law space or three (3) or more unpaid parking violations;
enforcement authorities the name and address of the with the intent that no license plate or revalidation
person or company who leased, rented, or otherwise sticker shall be issued by the department or the tax
had the care, custody or control of the vehicle. The collector to such persons until the registered owner
owner of a vehicle is not responsi ble for a parking presents a receipt showing that such parking fines
ticket violation if the vehicle involved was, at the have been paid, o r the person is removed from the
time, stolen or in the care, tape after update. (Ord. No. 89 - 3, § 4, 2 - 21 - 89; Ord.
No. 91 - 69, § 2, 10 - 1 - 91)
Motor Vehicles and Traffic
5
Sec. 14 - 11. Civil penalties.
The following civil penalties shall be imposed
upon the owner of any motor v ehicle found to be
stopped, standing or parking in violation of an
ordinance or Florida law as follows:
Violation Civil penalty
(1) Nonmoving traffic violations
as prohibited by sections 14 - 3
and 14 - 5, excepting 14 - 5(2)(b)
and 14 - 5(2)(e), Code of
Ord inances:
................................ ................. If paid within 10 days $ 25.00
................................ . After 10 days from date of issue 32.00
(2) Nonmoving traffic violations
as prohibited by sections
14 - 5(2)(b) and 14 - 5(2)(e),
Code of Ordinances:
................................ ................. If paid within 10 days 50.00
................................ . After 10 days from date of iss ue 65.00
(3) Parking in a space or spaces
provided for certain disabled
persons, as prohibited by section
................................ ................................ ........... 14 - 9 250.00
(Ord. No. 89 - 3, § 5, 2 - 21 - 89; Ord. No. 90 - 44, § 1, 9 -
18 - 90; Ord. No. 90 - 52, § 1, 11 - 7 - 90)
Boynton Beach Code
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