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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. en~ereemeat -spee~a~se -whe -d~seevers -a -veh~e~e -par~ed -~n ~ssue-a-%~e~e%-~erm-as-~s-~enera~-used -w~eh~n ~ ~-~he-~eh~e~e-~s-~aa%~ended?-a%~aeh-s~oh-~eke~ e~-~he-~eh~e~e-~n-a-e~nsp~e~e~s-p~aee~ th~s-seet~en~ ~he-ewner-ef-the-veh~e~e-~s-respens~b~e-&nd-~aB~e fer -%he -payment -ef -any -%~e~et -~ssued -fer -~he ~e~a~en -of -%h~s -seet~en -~n~ess -~he -~wner -ean f~rn~sh-e~deaee-khat-~he-~eh~e~e-was-at-~he-t~me el-the-~o~a~on-~n-the-earew-e~stody-or ef-a~e~her-persen~--~n-s~eh-~s%aaees?-~he-ewner o~-%he -veh~e~e-~s-~e~a~ed?-w~h~a-~teea-~ ~e--~sh--~he--S~M--e~--BSYN~SN--Beaeh--Po~ee Beparemea~-aa-a~f~da~-~-~he-aame-aad-address-o~ otherw~se-had-~he-eareT-eus~edy-~r-e~r~-~-the ~eh~e~e=---~he--owaer--e~--%he--~eh~e~e--~s--ae~ ~eh~e~e-~n~ed-was-a~-~he'~me?-st~e~?-o~-~n ~he-eare7-e~s%ody-or-eon~r~-~-seme-person-who d~d-n~e-ha~e-perm~ss~en-o~-the-ewaer-~o-~se-ehe veh~e~e~ AnM-person-~ssued-a-~e~e~-aader-%h~s-seet~on-BM-a Dar~n~-en~eemen~-spee~a~s~-~r-~eer-sha~-Be ~&e~e%v --~m -the -evem~ -~ha~ -%he -paymemt -&s -mot reee~edT-or-a-~esp~nse-%o-~he-~o~e~-~s-~-made w~h~n -~teen -~ -days? -.~eeed~n§s -sha~ -Be ~nse~ed --~n --ee~n~y--eeure --er --~s --e~a~e ~o~a~oas -B~rea~? -and -~he~ -sha~ re~s~ered-ewner-e~-~he-veh~e~e-wh~eh-was-e~eed-by ne~oa~on7 -~he -re§~s~e~ed -~wner -sha~ -and -am~ -persem -whe -e~eets -~o -appear Be~ore-a-des&§na~ed-e~&e&a~-~e-presen~-e~&denee sha~-~e-deemed-~o-ha~e-wa&ved-h&s-r~ht-te-e&v&~ a~e~-~he-hear~m~7-sha~-ma~e-a-de~erm&ma~&om-as eo-whe%her-a-par~mg-~&e~a~&om-has-beem-oemm&~ed Payment --e~ --eest --o~ --t&eket --w&~ho~ --eeurt appea~aneev--She~d-any-persem-w&sh-~e-pay-~he-ees~-e~-sa&d appearanoeT-the~-sha~-Be-ab~e-~e-pay-a-~me-e~-~wen~y_~&~e do~ars-~$~88~-payaB~e.to-the-~y-~f-Boyn~n-Beaeh~ 2 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) 6