O81-10ORDINanCE NO. ~:/-/~
AN ORDINANCE OF THE CITY COUNCIL OF T~tE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 29., TRAFFIC, SECTION 29-4 "TRUCK
PARKING, REGULATED, p "
ENALTY , BY PROVIDING
FOR LIABILITY OF OWNER OF. THE VEI{ICLE,
ENFORCEMENT, PENALTY, METHOD OF COMPLIANCE
WITI{ PENALTY, PROCEDURE FOR PROPER ENFORCE-
MENT FOR VIOLATION OF SECTION 29-z~, PROVIDING
FOR A REPEALING CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE;
PROVIDING AUTHORITY TO CODIFY; AND FOR OTHER
PURPOSES.
NOW, THEREFORE, BE.'IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA., AS FOLLOWS:
Section 1: That Chapter 29, Traffic, Section 29-4 of
the Codified Ordinances of the City of Boynton Beach, Florida, is
hereby amended to read as follows:
Sec. 29-4. Truck parking; regulated, penalty.
(a) Time limit on public streets. It is hereby
declared unlawful for any individual, to park or cause to be
parked any farm tractor, semi-trailer 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 areas zoned residential. It is
hereby declared unlawful for any individual, to park, cause to be
parked, or allow to be parked any farm tractor, semi-trailer,
truck or other motor vehicle or greater than three-quarter (3/4)
ton capacity for a longer period than fifteen (15) minutes in any
residential ares 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 and 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
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is now prohibited by ordinance or lawful order of the Bolice
Department.
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~ .Enforcement. A police officer or parkinq
enforcement specialist who discovers a vehicle parked in violat
of this Section may:
~ Issue a ticket from as is generally used
within the CitV to enforce traffi~
violations, or
2) If the vehicle is ~attended, attach such
ticket to the ~ehicle in a conspicuous
place.
Liability for pa~ent and penalty for viola
tion of this section.
1)
The owner of the vehicle is responsibl~-;
and liable for the payment of any ticket.
issued for the violation of this Section.
unless the owner can furnish evidence
that the vehicle was at the time of thc.
violation in the care, custody, or
control of another person. In such
instances, the owner of the vehicle i?..
required, within ~15 days after notifica
tion of the parking violation, to furnish
the City of Boynton Beach Police
.Department an affidavit of the name and
address of the person or company who
leased, rented or otherwise had the care,
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3)
custody or control of the vehicle. The
owner of the vehicle is not responsible
for a violation of this action 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.
2) Any person issued a ticket under this
Section by a parking enforcement specia
list or officer shall be deemed to be
charged with a non-criminal violation and
shall comply with the directions on the
ticket. In the event that the payment is
not received, or a response to the ticket
is not made within 15 days, proceedinqs _
shall be instituted in County Court or
its Traffic Violations Bureau, and they
shall notify their reqistered owner of the
vehicle which was cited by certified mai]
of the ticket. Upon receipt of tho.
notification, the registered owner shall
.comply with the Court's directive.
Any person who fails to satisfy tho,
Court's directive and any person who elect
_to appear before a designated official to
present evidence shall be deemed to have.
waived his right to civil penalty pro
visions of the ticket. The official
after the hearing shall make a deter
ruination as to whether a parking
violation has been committed and may
.impose a fine not to exceed One Hundred
Dollars ($100.00) plus court costs.
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(F) Penalty. Should any Derson wish to Day the
-~ost of said ticket i.ssued under this section without makinq s
court aDpearance,~he.y__~hall be~ able to pay a fine of Twenty-five
(i$25.00_k_p_~yable to the-City of Boynton Beach.
Section 2. That all ordinances or parts of ordin-
ances in conflict herewith are hereby repealed.
Section 3. That should any section or provismon of
this Ordinance or any portion hereof 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 upon its passage.
Section 5. That authority is hereby granted to
;odify this Ordinance.
FIRST READING this ~7th _day of
March
SECOND, FINAL READING AND PASSAGE, this
,1981.
_, 1981.
__day of
CITY OF BOYNTON BEACH, FLORIDA
/
MaYor
ATTEST:
Cit}~ Clerk (Co~-.--Seal) --
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