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ORDINANCE NO. 05-C~)~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 14, "MOTOR VEHICLES AND TRAFFIC,"
AMENDING SECTION 14-9, "DISABLED PARKING
SPACE VIOLATION" OF THE CODE OF ORDINANCES,
PROVIDING FOR DISMISSAL OF DISABLED PARKING
VIOLATION CITATIONS UNDER SPECIFIED
CIRCUMSTANCES AND FOR AN ADMINISTRATIVE FEE
ASSOCIATED THEREWITH; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach Police Department enforces the parking
regulations throughout the City, as provided in Chapter 14 of the Code of Ordinances of the City
of Boynton Beach; and
WHEREAS, Section 14-9 of the Code of Ordinances prohibits stopping, standing, or
parking a vehicle in any parking space designated for those possessing valid disabled parking
~ermits or placards; and
WHEREAS, pursuant to Section 14-11(3) of the Code, a civil penalty in the amount of
250.00 is imposed for violations of the disabled parking regulations of the City, said parking
ckets being regularly processed by the County Court of Palm Beach County, Florida; and
WHEREAS, a purpose of Section 14-9 of the Code is to assure that parking areas
designated for the disabled are available for the disabled, and that such parking areas are not
being utilized by those persons not lawfully entitled to stop, stand, or park in such areas; and
WHEREAS, on occasion, persons lawfully possessing disabled parking placards fail or
forget to display the placard when stopping, standing, or parking in an area designated for
disabled parking; and
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WHEREAS, the County Court prefers that the City administratively dispose of such
cases, where possible; and
WHEREAS, the City of Boynton Beach Police Department recommends that an
administrative fee be imposed under specified circumstances where persons lawfully possessing,
but not displaying disabled parking placards are ticketed for violating Section 14-9 of the Code;
and
WHEREAS, the City Commission of the City of Boynton Beach, Florida upon
recommendation of staff and the City's Police Department, has determined that it is in the best
interests of the citizens and residents of the City to amend Section 14-9 of the Code to provide
for an administrative fee associated with the dismissal or voiding of a citation for violation of
,ection 14-9, where one lawfully possessing a disabled parking placard failed to display such
lacard; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
ZITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 14, "Motor Vehicles and Traffic," Section 14-9, "Disabled
parking space violation," of the Code of Ordinances of the City of Boynton Beach is hereby
amended to create a new subsection (c) as follows:
Sec. 14-9. Disabled parking space violation.
(o)
A parking ticket issued for violation of this section may be dismissed or
voided by the city's police department, provided that the person issued the
ticket presents proof of the following to the police department within ten
(10) days of the citation issuance date:
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(1)
At the time the parking ticket was issued, that the person issued the
ticket possessed a valid disabled parking permit or license plate in
accordance with section 320.0848, Florida Statutes, as amended
from time to time, and failed to display the permit or license plate
as required by law; and
(2)
That the person issued the parking ticket is the owner of the vehicle
cited on the parking ticket; and
(3)
That the disabled parking permit or placard is registered or
assigned to the vehicle cited on the parking ticket, and
(4)
That the owner of the disabled parking permit or placard was
driving or a was a passenger in the vehicle immediately prior to the
time the parking ticket was issued.
The police department incurs administrative costs in processing requests
under this subsection. An administrative fee of $25.00 shall be charged to
void parking tickets but the first administrative fee shall be waived. If the
person requesting the dismissal or voiding of a parking ticket does not
meet the criteria set forth iu this subsection, the administrative fee will not
be charged; and the person may then pay the parking ticket in Full or
challenge the issuance of the parking ticket in accordance with the
provisions of section 14-10 of this code and the procedures of the county
court.
Section 2. 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 invalid, such
decision shall not affect the remainder of this ordinance.
Section 3. Authority is hereby granted to codify said ordinance.
Section 4. This ordinance shall become effective immediately upon passage.
FIRST READING this /4 day of ,~l,~ta, l~t3~, 2005.
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SECOND, FINAL READING AND PASSAGE this _l~ day o~, 2005.
CITY OF BOYNTON BEAC-qvI, FLORIDA
~TTEST:
SEAL)
Mayor ~ ~ ~.~---~ //)
Commissioner 65/
tg - Disabled Fee.doc
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