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O99-01ORDINANCE NO. ~?~'-~/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 23. PARKING LOTS BY ADDING A NEW ARTICLE III, SECTION 1, ENTITLED "PROHIBITED ACTIVITY", PROVIDING THAT MOTOR VEHICLE OR BOAT REPAIR IS A PROHIBITIVE ACTIVITY IN A COMMERCIAL OR PUBLIC PARKING LOT AND DECLARING SUCH ACTIVITY A NUISANCE PER SE; PROVIDING FOR PENALTIES, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has determined that motor vehicle or boat repairs, including parts replacement and oil changes, in commercial or public parking lot results in litter, pollution, ground contamination, and is aesthetically displeasing and not reflective of community standards; and WHEREAS the City Commission has determined that such activity constitutes a public nuisance and should be prohibited; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That Chapter 23, Parking Lots is hereby amended by creating a new Article III, Section 1. Entitled "Prohibited Activity", as follows: ARTICLE III. PROHIBITED ACTIVITY Major and minor motor vehicle or boat repair, including oil changes. adding of oil or lubricants, and installation of new tires, is prohibited in public parking lots or spaces, and commercial parking or-loading areac and is declared to be a public nuisance. Commercial property ownem engaged in the sale of motor vehicle or boat parts, oils, or lubricants, shall post notices within their premises in close proximity to check out counter~ or exit doors notifying customers of this prohibition. Violations of thi~' provision of the Code is subject to enforcement through Code Enforcement action, Nuisance Abatement action for injunctive relief. action, Municipal Ordinance violation, or Law enforcement officers are authorized to issue Notice to Appear for violation of this Ordinance Section 2. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. This Ordinance shall become effective immediately. FIRST READING this t~' day of December, 1998. SECOND, FINAL READING AND PASSAGE this ~ day of /??~ ATTEST: lerk "- S:ca\ord\motor vehicle prohibition of repairs CITY OF BOYNTON BEACH, FLORIDA Mayor Pro Tem ,,~ issioner Commissioner