04-089
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1 ORDINANCE NO. 04- oeq
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 CHAPTER 14, "MOTOR VEHICLES AND TRAFFIC,"
6 AMENDING SECTION 14-5, "STOPPING, ST ANDING,
7 PARKING, OR STORAGE PROHIBITED IN SPECIFIED
8 PLACES" OF THE CODE OF ORDINANCES, TO
9 RESTRICT HOURS OF PARKING ON FLORIDA
10 DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY
11 WHERE SIGNAGE IS POSTED; PROVIDING FOR
12 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
13 EFFECTIVE DATE.
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15 WHEREAS, certain rights-of-way under the jurisdiction of the Florida Department of
16 I Transportation ("FDOT") are striped to provide limited parking opportunities; and
17 II WHEREAS, it has become apparent that this limited parking is being abused in certain !
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instances for all-day parking by area businesses and visitors, thereby removing such parking ¡
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19 Ispaces for use by the geueral public aud those fTequeutiug the establishmeuts located aloug these I
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20 I FDOT corridors; and I
21 WHEREAS, businesses are obligated to provide sufficient parking on their respective
22 properties for their employees, their business vehicles, and any vehicles for sale or rent; and
23 WHEREAS, upon application to the FDOT for a General Use Permit, a City can request I
24 to restrict the hours of allowable parking on FDOT rights-of-way; and
25 WHEREAS, the FDOT has authorized the City of Boynton Beach to implement
26 restricted parking, usually two (2) hour parking during peak hours, in these parking spaces
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27 located within the FDOT rights-of-way; and I
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WHEREAS, it is the desire of the City Commission to ensure that adequate parking is !
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29 available for the general public, while preserving aesthetics and the safety of those utilizing
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1 public rights-of-way to travel within and through the City of Boynton Beach; and
2 WHEREAS, the City Commission of the City of Boynton Beach, Florida upon
3 recommendation of staff, has determined that it is in the best interests of the citizens and
4 residents of the City to amend Chapter 14 to restrict the hours in which the standing or parking of
5 vehicles on FDOT rights-of-way is permitted;
6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
7 CITY OF BOYNTON BEACH, FLORIDA, THAT:
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9 Section 1. That Chapter 14, "Motor Vehicles and Traffic," Section 14-5, "Stopping,
10 standing, parking, or storage prohibited in specified places," of the Code of Ordinances of the
11 I City of Boynton Beach is her~bY amen~ed to cre~te a new subsection (.a)~6) ~ fOllO~S:
12 I Sec. 14-5. Stoppmg, standmg, parkmg, or storage prohibited m specified places.
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14 I (a) Except when necessary to avoid conflict with other traffic, or in
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15 ' I compliance with law or the directions of a police officer or official traffic control device,
16 I no person shall:
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18 ...
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20 I (6) Stand or park a vehicle. whether occupied or not. in a designated parking
21 space on or along any street. roadway. or right-of-way under the
22 jurisdiction of the Florida Department of Transportation in contravention
23 to the parking restrictions set forth in any general use permit issued to the
24 city by the Florida Department of Transportation. A general use permit
25 authorizes the city to restrict the hours of continuous parking along a
26 designated street. roadway. or right-of-way. and to install and maintain
27 I signage specifying the continuous parking restriction. the hours in which
28 the restriction is applicable. and the street. roadway. or right-of-way on
29 which the restriction is applicable. Signage in accordance with this section
30 and general use permit shall be conspicuously posted identifying the
31 restricted parking zone and the hours in which the restricted parking is I
32 applicable.
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34 Section 2. Should any section or provision of this ordinance or portion hereof, any
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1 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
2 decision shall not affect the remainder of this ordinance.
3 Section 3. Authority is hereby granted to codify said ordinance.
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5 Section 4. This ordinance shall become effective immediately upon passage.
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7 Oc.Tobe.r ,2004.
8 FIRST READING this ~ day of
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10 SECOND, FINAL READING AND PASSAGE this -2L day of t-.le\lcn\b.s ,
11 2004.
12 CITY OF BOYNTON BEACH, FLORIDA
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28 I ATTEST: Commissioner .~ \ A c:c-----..,-
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30 I ~_ /0_ -- 0 /' ,/ //// .t~y..r
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