O89-03ORDINANCE NO. 89-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE CODE OF ORDINANCES CHAPTER
14 MOTOR VEHICLES AND TRAFFIC BY
AMENDING SECTION 14-3 TO REMOVE THE
ENFORCEMENT, LIABILITY, AND PAYMENT
PROVISIONS FROM SAID SECTION; BY
CREATING A NEW SECTION 14-5 DELINEATING
PROHIBITED STOPPING, STANDING OR PARKING
IN SPECIFIED PLACES; BY AMENDING SECTION
14-9 TO REMOVE THE PENALTY PROVISION FOR
DISABLEDPARKING SPACES AND TO AUTHORIZE
THE TOWING OF VEHICLES; BY CREATING A
NEW SECTION 14-10 ESTABLISHING LIABILITY
FOR THE PAYMENT OF PARKING TICKET
VIOLATIONS; BY CREATING A NEW SECTION
14-11 TO PROVIDE FOR CIVIL PENALTIES FOR
ALL NON-MOVING TRAFFIC VIOLATIONS;
PROVIDING THAT EACH AND EVERY OTHER TERM
AND PROVISION OF CHAPTER 14 SHALL REMAIN
IN FULL FORCE AND EFFECT AS PREVIOUSLY
ENACTED; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR 'AUTHORITY TO CODIFY;
PROVIDING FOR AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Chapter 14, Section 14-3. Truck
parking; regulated; penalty, is hereby amended by adding the
words and figures in underlined type and by deleting the
words and figures in struck-through type, as follows:
Sec. 14-3. Truck parking; regulated~
(a) Time limit on public stree~ts~~ ~ It'~is- hereby
declared unlawful for any individual to park or cause to be
parked any farm tractor, semitrailer truck or other motor
vehicle of greater than three-quarter (3/4) ton capacity on
any publicly dedicated street, alley or thoroughfare
(including the entire right-of-way thereof) of the city for
a longer period than fifteen (15) minutes, unless the actual
loading or unloading of such vehicle is involved or in
progress.
(b) Time limit in area zoned residential. It is
hereby declared unlawful for any individual to park, cause
to be parked or allow to be parked any farm tractor,
semitrailer, truck or other motor vehicle greater than
three-quarter (3/4) ton capacity for a longer period than
fifteen (15) minutes in any residential area of the city as
defined on the master zoning map of said city adopted
December 29, 1961, and now on file in the office of the city
clerk of said city, unless the actual loading or unloading
of such vehicle is involved in progress.
(c) Effect of provisions. This section shall not be
construed as authorizing trucks to utilize any street or
other public thoroughfare of the city over which such
vehicular traffic is now prohibited by ordinance or lawful
order of the police department.
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Section 2.
as follows:
That a new Section 14-5 shall be created
Sec. 14-5. Stopping, standing, or parking prohibited
in specified places.
(a) Except when necessary to avoid conflict with other
traffic, or in compliance with law or the directions of a
police ~fficer or official traffic control devise, no person
shall:
(1) Stop, stand, or park a vehicle:
A
B
C
D
E
F
G
H
I
J
On the roadway side of any vehicle stopped or
parked at the edge or curb of a street.
On a sidewalk.
Within an intersection.
On a crosswalk.
Between a safety zone and the adjacent curb
or within 30 feet of points on the curb
immediately opposite the ends of a safety
zone, unless a difference length is indicated
by signs or markings.
Alongside or opposite any street excavation
or obstruction when stopping, standing, or
parking would obstruct traffic.
Upon any bridge or other elevated structure.
On any railroad tracks.
On a bicycle path.
At any place where official traffic control
devices prohibit stopping.
(2)
Stand or park a vehicle, whether occupied or not,
except momentarily to pick up or discharge a
passenger or passengers:
A
B
C
D
E
F
G
In front or a public or private driveway.
Within 15 feet of a fire hydrant.
Within 20 feet of a crosswalk at an
intersection.
Within 30 feet upon the approach to any
flashing signal, stop sign, or traffic
control signal located~'~the side of a
roadway.
Within 20 feet of the driveway entrance to
any fire station and on the side of a street
opposite the entrance to any fire station
within 75 feet of such entrance (when
property signposted).
On an exclusive bicycle lane.
At any place where official traffic control
devices prohibit standing.
(3)
Park a vehicle, whether occupied or not, except
temporarily for the purpose of, and while actually
engaged in, loading or unloading merchandise or
passengers:
A
B
Within 50 feet of the nearest rail of a
railroad crossing, unless the City
establishes a different distance due to
unusual circumstances.
At any place where official signs prohibit
parking.
(b) No person shall move a vehicle not lawfully under
his control into any such prohibited area or away from a
curb such a distance as is unlawful.
Section 3. That Section 14-9 is hereby amended by
adding the words and figures in underlined type and by
deleting the words and figures in struck-through type, as
follows:
Sec. 14-9. Pema~y --~e~ Disabled parking space
violation.
(a) It shall be unlawful for any person to stop, stand,
or park a vehicle in any parking space designated with the
internationally accepted wheelchair symbol or the caption,
'PARKING BY DISABLED PERMIT ONLY," or with both such symbol
and caption, unless such vehicle displays a parking permit
issued pursuant to Section 320.0848, Florida Statutes, and
such vehicle is transporting a person eligible for such
parking permit. However, any person who is chauffeuring a
disabled personal shall be allowed, without need for an
identification parking permit, momentary parking in any such
parking space for the purpose of loading or unloading a
disabled person. No penalty shall be imposed upon the
driver for such momentary parking.
(b) Whenever a law enforcement officer or a
parking enforcement specialist finds a vehicle in violation
of this subsection, that officer may have the vehicle in
violation removed to any lawful parking space or facility or
require the operator or other person in charge of the
vehicle immediately to remove the unauthorized vehicle from
the parking space. Whenever any vehicle is removed by a law
enforcement officer, ~parking enforcement specialist, or
agenc-f to a storage flor, garage, or other safe parkinq
space, the cost of such removal and parking shall be a lien
against the vehicle.
Section 4.
follows:
That a new section 14-10 is created as
Sec. 14-10.
violations.
Liability for payment of parking ticket
(a) The owner of a vehicle is responsible and liable
for payment of any parking ticket violation unless the owner
can furnish evidence that the vehicle was, at the time of
the parking violation, in the care, custody, or control of
another person. In such instances, the owner of the vehicle
is required, within a reasonable time after notification of
the parking violation, to furnish to the appropriate law
enforcement authorities the name and address of the person
or company who leased, rented, or otherwise had the care,
custody or control of the vehicle. The owner of a vehicle
is not responsible for a parking ticket violation if the
vehicle involved was, at the time, stolen or in the care,
custody, or control of some person who did not have
permission of the owner to use the vehicle.
(b) Any person issued a parking ticket by a parking
enforcement specialist or officer shall be deemed to be
charged with a noncriminal violation and shall comply with
the directions on the ticket. In the event that payment is
not received or a response to the ticket is not made within
the time period specified thereon, the county court or its
traffic violations bureau shall notify the registered owner
of the vehicle which was cited, by mail to the address given
on the motor vehicle registration of the ticket. Mailing of
the notice to this address shall constitute notification.
Upon notification, the registered owner shall comply with
the court's direc{ive.
(c) Any person who fails to satisfy the court's
directive shall be deemed to waive his right to pay the
applicable civil penalty.
(d) Any person who elects to appear before a
designated official to present evidence shall be deemed to
have waived his right to pay the civil penalty provisions of
the ticket. The official, after a hearing, shall make a
determination as to whether a parking violation has been
committed and may impose a civil penalty not to exceed
$100.00 plus court costs. Any person who 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,
and the court shall take appropriate measures to enforce
collection of the fine.
Section 5. That a new
created as follows:
section 14-11
is hereby
Sec. 14-11. Civil penalties.
(a) The following civil penalties shall be imposed
upon the owner of any motor vehicle 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 section 14-3 and 14-5,
Code of Ordinances ...................... $25.00 (if paid
within 10 days)
$32.00 (after
10 days from
date of issue)
(2) Parking in a space or
spaces provided for certain
disabled persons, as prohibited
by section 14-9, Code of
Ordinances ............................. $100.00
Section 6. Each and every other provision of
Chapter 14, Motor Vehicles and Traffic, shall remain in full
force and effect as previously enacted.
Section 7. That all ordinances or parts of ordinances
~in conflict herewith be and the same are hereby repealed.
Section 8. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
word be declared by a court of competent jurisdiction to be
5
invalid, such decision shall not affect the remainder of
this ordinance.
Section 9.
ordinance.
Authority is hereby granted to codify said
Section 10. This ordinance shall become effective
immediately upon passage.
FIRST READING this day of ~6u~.F ,
1989.
SECOND, FINAL READING and PASSAGE this ~/~ day of
]'~'¢.~1,-~,~,~ ~' ~ , 1989.
Mayor
V 1 c9~ Mayo r
~Commissioner
C°mmi~si°ner ~
C6mmlssloner
ATTEST:
City ~rk
(Corporate Seal)
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