05-046
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ORDINANCE NO. 05- o'-lb
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AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 16, "PARKS AND RECREATION", ARTICLE
II, "CITY PARKS AND BEACHES" BY AMENDING
SECTION 16-82 TO PROVIDE FOR AN INCREASE OF
BEACH PARE3NG PERMITS AND RELATED FEES
AND ELIMINATING REDUNDANT LANGUAGE;
PROVIDING FOR CONFLICT, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
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WHEREAS, staff has become aware that the cost to maintain and general operation
expenses of the Oceanfront Park with its scenic boardwalk, picnic areas, restrooms and
playground have significantly increased; and
WHEREAS, Beach parking fees have not increased since 2000; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
determined that it is in the best interests of the citizens and residents of the City to amend the
Code to increase the beach parking permits and related fees and eliminating redundant
language;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing Whereas clauses are true and correct and incorporated
24 herein by this reference.
25 Section 2. That Chapter 16, " Parks and Recreation", Article II "City Parks and
26 Beaches" Section 16-82 is hereby amended by adding the words and figures in underlined
27 type, and by deleting the words and figures in struck-through type, as follows:
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29 Sec. 16-82. Rules, regulations controlling parking of vehicles at municipal
30 beach property located within the Town of Ocean Ridge.
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32 The city manager is hereby directed to implement subject procedures at the earliest possible date.
33 (Said regulations are set out below.)
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2 POLICY NO. 1. PARKING PERMITS
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4 Parking permits will be issued on an annual basis (October 1 through September 30) with
5 issuance beginning September 1 each year to residents (see "definitions") of the City of
6 Boynton Beach, for a charge ofhventy thirty-dollars ($~30.00) for the first decal issued to
7 a resident vehicle, upon satisfactory completion of appropriate application forms. Applicants
8 will be required to establish proof of residency in the City of Boynton Beach (see
9 "definitions") and to present his official state motor vehicle tag registration certificate.
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11 \Vllen application is made for more than one permit, each separate individual vehicle
12 registration must be presented. Residents who are not property owners must establish
13 residency by some suitable means, such as voter's registration, executed lease, utility bills or
14 other legal document.
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16 Permanent beach parking permit decals shall be issued at a charge of hventy dollars
17 ($20.00) only to residents ov,'ning, leasing, renting, occupying or residing in real estate in the
18 city for at least six (6) months of each year. Proof of six (6) months' residency, if property is
19 not owned, shall be established by lease agreements, rent receipts or \vritten lessor
20 verification.
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22 Lost or mutilated parking permits. In the event that the vehicle to which the permanent
23 decal was issued has been sold or otherwise changed ownership and/or in the event a properly
24 issued parking decal is mutilated and can be identified, such decal will be replaced for a
25 charge of teBfifteen dollars ($~15.00) provided the holder can return an identifiable
26 portion of the mutilated parking decal to the city. In the event the holder of a lost or mutilated
27 parking permit cannot provide an identifiable portion or part of such parking decal, the charge
28 for a replacement decal will be the sum of twentythirty dollars ($~30.00). Lost decals will
29 not be replaced until after a thirty-day waiting period from the date the decal is reported lost.
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31 Definitions.
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33 Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or
34 living accommodations within the City of Boynton Beach for a time period of at least six (6)
35 consecutive months each calendar year, as well as members of their immediate family residing
36 with them; provided, however, for purposes of this section, the term "City of Boynton Beach"
37 shall include all property within the corporate limits of the Town Ocean Ridge. Proof of six
38 (6) months' residency, if property is not owned, shall be established by lease agreements, rent
39 receipts or written lessor verification.
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41 Qualified nonresident: Anyone who is not a resident but who resides in the
42 agricultural reserve area of unincorporated Palm Beach County bounded on the south by
43 lateral Canal No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by
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the Loxahatchee National Wildlife Refuge.
Ci~y employees: All city employees, classified and nonclassified and retired regardless
of residency shall be eligible to receive one parking permit. Proof of employment shall be
established through the personnel department of the city. Persons who terminate (not retired)
their employment with the city and who are not city residents shall be required to scrape off
their stickers and return remains to the issuing office.
POLICY NO.2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS
(1) Ensure that applicants are residents as defined in Policy No. 1.
(2) Have applicant complete permanent application form.
(3) Request proof of residency. Proof established in accordance with Policy No. 1.
(4) Request separate vehicle registration for each parking permit to be issued.
(5) Residents leasing automobiles should provide contract documents establishing
the lease agreement or arrangement or company car assignment.
(6) Issuing authority shall complete parking permit application by listing separate
permit numbers opposite the make, model and year of each vehicle.
(7) All parking permits shall be permanently affixed upon the lower, left-hand side
(driver's side) of the front windshield of such vehicle. Decals placed on a vehicle other than
the one for which it was originally issued shall be construed to be void.
(8) Parking permits issued to motorcycles, motor bikes, and motor scooters shall
be displayed on the left front fork of such vehicle or other visible location in the area of the
left front.
POLICY NO.3. TEMPORARY PARKING PERMITS
Qualified nonresidents: Qualified nomesidents may obtain beach decals which permit
parking on specified dates and times. The cost for such permit and the dates they are valid
shall be as set forth herein:
The permit fee for Qualified nomesidents shall be ~inety dollars ($~90.00)
each, and shall be valid seven (7) days a week, from May 1 to November 15.
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PARKING FEES FOR MOTOR VEHICLES
A daily parking fee is hereby established for all motor vehicles parking at the public
beach except those hereinafter excepted in accordance with the following rates and charges.
Class 1. Automobiles, motor scooters, motor bikes, motorcycles:
May I-November 15
$ 4.76
Tax 0.24
$ 5.00
November 16-April 30
$ 9.52
Tax ~
$10.00
Class 2. Buses, trucks and other motor vehicles not included or described in Class I
hereof ~
Tax ~
$10.00
Vehicle definitions.
Class 1. A passenger vehicle designed for family pleasure.
Class 2. A passenger vehicle designed for group (more than 10 passengers) transportation
other than family pleasure.
Exceptions:
(1 ) Vehicle having affixed thereto a parking permit issued in accordance with the rules
and regulations of Policies 1 and 2.
(2) Official state, county and city vehicles entering the park III the performance of
governmental functions.
(3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when
engaged in official park business.
(4) School buses transporting Florida school, college or university students in a group or
body for a field trip for educational purposes. This exception shall not apply to
vehicles transporting such groups to the park for recreational purposes.
(5) Florida school groups, as mentioned in exception (4), must make prearrangements
with the director of recreation and parks or his designee by submitting a letter from
the school principal certifying that the trip is a part of the school curriculum.
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2 i Parking permits will be available to all city residents as outlined in Policies 1 and 2. Vehicles
3 not exhibiting the permit will be required to pay the parking fee in accordance with this
4 policy.
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7 PARKING AREAS FOR MOTOR VEHICLES
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9 (1) All motorcycles, motor bikes, and motor scooters shall park in the designated areas on
10 the upper level of the parking area at the public beach.
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12 (2) The parking spaces in the upper level of the parking area at the public beach shall be
13 used exclusively by automobiles. Additionally, only vehicles having affixed thereto a parking
14 permit issued in accordance with the rules and regulations of Policies 1 and 2 may park in said
15 upper level; provided, however, that handicapped persons may park in designated spaces on
16 the upper level without having a parking permit affixed to their vehicles.
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18 (3) All other motor vehicles, including all vans, campers, trucks, buses and trailers shall
19 park in the lower level spaces of the parking area at the public beach.
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22 PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS
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24 It shall be unlawful for any person to falsify information in the process of applying for a
25 parking permit, for any person to sell a parking permit, for any person to transfer a parking
26 permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining
27 to the use of the parking facilities at the public beach.
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29 Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph,
30 sentence or word be declared by a court of competent jurisdiction to be invalid, such decision
31 shall not affect the remainder of this ordinance.
32 Section 4.
33 Section 5.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
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FIRST READING this ~ day of August, 2005.
/i SECOND, FINAL READING AND PASSAGE this /~~ay of
Utl<~ ,20U5.
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CI Y OF BOYNTON BEACH, FLORIDA
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Commissioner
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