09-020
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1 ORDINANCE NO. 09- oao
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3 AN ORDINANCE OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING
5 CHAPTER 16, "PARKS AND RECREATION", ARTICLE
6 II, "CITY PARKS AND BEACHES" BY AMENDING
7 SECTION 16-82 TO PROVIDE FOR AN INCREASE OF
8 BEACH PARKING PERMITS AND RELATED FEES
9 AND ELIMINATING REDUNDANT LANGUAGE;
10 PROVIDING FOR CONFLICT, SEVERABILITY,
) I CODIFICATION AND AN EFFECTIVE DATE.
12
13 WHEREAS, staff has become aware that the cost to maintain and general operation
14 expenses of the Oceanfront Park with its scenic boardwalk, picnic areas, restrooms and
IS playground have significantly increased; and
16 WHEREAS, Beach parking fees have not increased since 2005; and
]7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 determined that it is in the best interests of the citizens and residents of the City to amend the
19 Code to increase the beach parking permits and related fees and eliminating redundant
20 language;
2] NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 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.
31 The city manager is hereby directed to implement subject procedures at the earliest
32 possible date. (Said regulations are set out below.)
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I POLICY NO.1. PARKING PERMITS
2 Parking permits will be issued on an annual basis (October 1 through September 30) each
3 year to residents (see "definitions") of the City of Boynton Beach, for a charge of thirty dollur~;
4 ($30.0C)) forty dollars ($40.00) for the first each decal issued to a resident vehicle, upon
5 satisfactory completion of appropriate application forms. Applicants will be required to
6 establish proof of residency in the City of Boynton Beach (see "definitions") and to present
7 ffis their official state motor vehicle tag registration certificate for each decal purchased.
8 When application is made for more than one permit, euch separate individual vehicle
9 registration must be presented. Re~;jdent~; ';.'ho are not property' owners mu~;t establish
10 residency bv some suitable mean~;. such as: voter's registration. execatcd lease. utility bills or
"" ,.I -" ...
11 other legal document.
12 Lost or mutilated parking permits. In the event that the vehicle to which the permanent
13 decal was issued has been sold or otherwise changed ownership and/or in the event a properly
14 issued parking decal is mutilated and can be identified, such decal will be replaced for a
]5 charge of fifteen dollars ($15.00) twenty dollars ($20.00) provided the holder can return an
16 identifiable portion of the mutilated parking decal to the city. In the event the holder of a lost
17 or mutilated parking permit cannot provide an identifiable portion or part of such parking
18 decal, the charge for a replacement decal will be the sum of thirty dollars ($30.00) forty
]9 dollars ($40.00). be-st- decul~; will not be replaced until after a thil1y day ....aiting period from
20 the dale the decal is reported lost.
21 Definitions.
22 Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or
23 living accommodations within the City of Boynton Beach for a time period of at least six (6)
24 consecutive months each calendar year, as well as members of their immediate family residing
25 with them; provided, however, for purposes of this section, the term "City of Boynton Beach"
26 shall include all property within the corporate limits of the Town Ocean Ridge. Proof of s*
y' t4t- month~; residency, --if property--ts-flB-l:-OVffle&,--sfla.tl- be e~;tabl i shed b) --lease- agreemel1t~;. rent
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28 receipts or written le~;~;or veritication. Proof of residency shall be established by some suitable
29 means, such as utility bill, tax bill, property deed or lease agreement.
30 Qualified nonresident: Anyone who is not a resident but who resides in the agricultural
31 reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No.
32 30, bounded on the north by Hypoluxo Road, and bounded on the west by the Loxahatchee
33 National Wildlife Refuge.
34 City employees: All city employees, classified and nonclassified and retired regardless of
35 residency shall be eligible to receive one parking permit. Proof of employment shall be
36 established through the personnel department of the city. Persons who terminate (not retired)
37 their employment with the city and who are not city residents shall be required to scrape off
38 their stickers and return remains to the issuing office.
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1 POLICY NO.2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS
2 (1) Ensure that applicants are residents as defined in Policy No.1.
3 8-} Have applicant complote permcment application form.
4 (J2) Request proof of residency. Proof established in accordance with Policy No. I.
5 (4]J Request separate vehicle registration for each parking permit to be issued.
6 ( ~:!J Residents leasing automobiles should provide contract documents establishing the
7 lease agreement or arrangement or company car assignment.
8 ( €t~J Issuing authority shall complete parking permit application by listing separate
9 permit numbers opposite the make, model and year of each vehicle.
10 (+2) All parking permits shall be permanently affixed upon the lower, left-hand side
11 (driver's side) of the front windshield of such vehicle. Decals placed on a vehicle other than
12 the one for which it was originally issued shall be construed to be void.
13 (&1) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be
14 displayed on the left front fork of such vehicle or other visible location in the area of the left
15 front.
16 POLICY NO.3. TEMPORARY PARKING PERMITS
]7 Qualified nonresidents: Qualified nonresidents may obtain beach decals which permit
]8 parking on specified dates and times. The cost for such permit and the dates they are valid
19 shall be as set forth herein:
20 The permit fee for Qualified nonresidents shall be ninety dollars ($90.00) each, and
21 shall be valid seven (7) days a week, from May 1 to November 15.
22 PARKING FEES FOR MOTOR VEHICLES
23 A daily parking fee is hereby established for all motor vehicles parking at the public beach
24 except those hereinafter excepted in accordance with the following rates and charges.
25 - Class 1. AlItomobile~;, motor scooters, motor bike~;. motorcycle~;:
26 May I-November 15 November 16-April 30
27 $ 5.00 $10.00
28 ----+- '1uss 2.- Buses. trucb and other motor vehicles not included or described in Class I
29 fleree.f'
30 -----~~_. $lO.OO
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I VehicJe definitions.
2 (,l/ass l. 1\ passenger vehicle designed for family pleasure.
3 I Class 2. ,^~ pu:;:;onger vehicle designed for group (more than 1 0 pus~;enger~;)
4 . transportution other than family pleasure.
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5 Exceptions:
6 (1) Vehicle having affixed thereto a parking permit issued in accordance with the rules
7 and regulations of Policies 1 and 2.
8 (2) Official state, county and city vehicles entering the park in the performance of
9 governmental functions.
10 (3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when
11 engaged in official park business.
12 (4) School buses transporting Florida school, college or university students in a group or
13 body for a field trip for educational purposes. This exception shall not apply to vehicles
]4 transporting such groups to the park for recreational purposes.
15 Florida school groups, as mentioned in exception (4), must make prearrangements with
16 the director of recreation and parks or his designee by submitting a letter from the school
17 principal certifYing that the trip is a part of the school curriculum.
18 Parking permits will be available to all city residents as outlined in Policies 1 and 2.
19 Vehicles not exhibiting the permit will be required to pay the parking fee in accordance with
20 this policy.
21 PARKING AREAS FOR MOTOR VEHICLES
22 H+ 1\11 motorcycles, motor bike~;. und motor :;COOlers shall park in the de~;ignuted areas
23 t:ffi the uppor level or the parking area at the public beach,
24 (~l) The parking spaces in the upper level of the parking area at the public beach shall
25 be used exclusively by automobiles. Additionally, only vehicles having affixed thereto a
26 parking permit issued in accordance with the rules and regulations of Policies 1 and 2 may
27 park in said upper level; provided, however, that handicapped persons may park in designated
28 spaces on the upper level without having a parking permit affixed to their vehicles.
29 C;~) All other motor vehicles, including all vans, campers, trucks, buses and trailers
30 shall park in the lower level spaces of the parking area at the public beach.
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] PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS
2 It shall be unlawful for any person to falsify information in the process of applying for a
3 parking permit, for any person to sell a parking permit, for any person to transfer a parking
4 permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining
5 to the use of the parking facilities at the public beach.
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7 Section 3. Should any section or provision of this ordinance or portion hereof, any
8 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
9 sueh decision shall not affect the remainder of this ordinance.
10 Section 4. Authority is hereby granted to codify said ordinance.
11 Section 5. This ordinance shall become effective immediately upon passage.
12 FIRST READING this 1!h. day of April, 2009.
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13 SECOND, FINAL READING AND PASSAGE this a day of
14 ~r1\ ,2009.
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20 c~r -J~U
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23 c:;;zoner - Ronald Weiland
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25 _ c~~~)~~.
26 -- Vi," KaL:oodrow .
27 1/. .
28 // /~(/t~ '. /' A~.;---'-
29 Commissioner - Marlene Ross
30 ATTEST:
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ee 16-82 Parking Permits doc
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