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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 -1- is now prohibited by ordinance or lawful order of the Bolice Department. ~- -~~--A~!¢- ~~_ee~e~e~_e~,v~e~- ~ .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, -2- 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. -3- (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) -- -4-