Boynton14 CHAPTER 14
MOTOR VEHICLES AND TRAFFIC*
*Cross references(Identification of vehicles used in business, ( 13 21; unnecessary use of horns, ( 15 8(b); noisy vehicles, ( 15-8(f), (h); parades, ( 15 10; prevention of scattering
of loads, ( 15 33; traffic and parking regulations in beaches and parks, ( 16 69 et seq.; recreational vehicles, Ch. 20; taxicabs, Ch. 24; trailers, Ch. 25; traffic control devices in
subdivisions, App. C, Art. IX, ( 16; design specifications for traffic control devices in subdivisions, App. C, Art. X, ( 17.
State law references(State traffic control law generally, F.S. Ch. 316; municipal legislation prohibited on matters covered by that law, F.S. ( 316.007; powers of local authorities,
F.S. ( 316.008; municipal speed limits, F.S. ( 316.189.
Sec. 14 1. Regulatory traffic control.
(a) All signs, striping, and traffic signals established by the direction of the City Commission and/or city staff shall conform, to the extent possible, to implement the relevant regulations
to the current national Manual on Uniform Traffic Control Devices for streets and highways in effect at the time of the establishment of said signs, striping, and traffic signals.
(b) When authorized signs are replaced, the new sign shall conform to the national Manual on Uniform Traffic Control Devices for streets and highways in effect at the time of replacement.
(Ord. No. 02 009, ( 2, 2 19 02)
Editor(s note(Ord. No. 85-45, Attach. (b), adopted Aug. 20, 1985, repealed former ( 14 1, careless driving, as derived from the 1958 Code, ( 29 9.
Sec. 14-2. Speed in construction areas.
The speed of vehicular traffic over any portion of any street, avenue, road, highway or other thoroughfare within the city used by vehicular traffic, which area is under construction
or repair and properly
marked by signs as such, shall not exceed 20 miles per hour, and the speed limits hereinabove established shall be altered accordingly when such construction conditions exist, except
in any area where a lower speed limit has been established and in such event the lower speed limit shall govern. (Code 1958, ( 29 2)
Sec. 14-3. Truck parking; regulated.
(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 one ton chassis configuration on any publicly dedicated street, alley or thoroughfare (including the entire right of way thereof) of the city for a longer period than 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, semitrailer, truck or
other motor vehicle greater than one ton chassis configuration for a longer period than 15 minutes in any residential area of the city as defined on the city's master zoning map, 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 is
now prohibited by ordinance or lawful order of the police department. (Code 1958, ( 29 4; Ord. No. 81 10, ( 1, 4 7 81; Ord. No. 89 3, ( 1, 2 21 89; Ord. No. 93 6, ( 1, 5 4 93; Ord. No.
93 36, ( 1, 9 21 93)
Cross reference(Zoning ordinance, App. A.
Sec. 14-4. Solicitation of rides or business.
(a) It shall be unlawful for any person to stand upon any sidewalk, street, avenue, alley or public
1
2002 S-18
2 Boynton Beach Code
highway or grounds within the limits of the city for the purpose of hitchhiking, (thumbing,( requesting, asking, or soliciting a ride from the operator of any vehicle. The provisions
hereof shall not be construed to prevent a person from soliciting upon a public highway, or a driver of a vehicle from giving a ride, where an emergency actually exists, nor to prevent
a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire.
(b) No person shall stand in a roadway for the purpose of soliciting employment or business from the occupant of any vehicle. (Code 1958, ( 29 10)
State law reference(Authority to prohibit hitchhiking, F.S. ( 316.008(1)(u).
Sec. 14-5. Stopping, standing, parking, or storage prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:
(1) Stopping, standing, parking, or storage of a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
b. On a sidewalk.
c. Within an intersection.
d. On a crosswalk.
e. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs
or markings.
f. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.
2004 S-21
g. Upon any bridge or other elevated structure.
h. On any railroad tracks.
i. On a bicycle path.
j. At any place where official traffic control devices prohibit stopping.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. In front of a public or private driveway.
b. Within 15 feet of a fire hydrant.
c. Within 20 feet of a crosswalk at an intersection.
d. Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway.
e. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted).
f. On an exclusive bicycle lane.
g. At any place where official traffic control devices prohibit standing.
(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:
a. Within 50 feet of the nearest rail of a railroad crossing, unless the city establishes a different distance due to unusual circumstances.
b. At any place where official signs prohibit parking.
Motor Vehicles and Traffic 2A
(4) No vehicle can be stored on the public right-of-way. A vehicle shall be considered stored, as opposed to parked, when the vehicle is not operated and moved, for a minimum of one-half
hour, at least once during a 36-hour period.
(5) No vehicle can be parked or stored on the public right-of-way for any period of time unless the front, rear, and side reflectors and the license plate are visible.
(6) Stand or park a vehicle, whether occupied or not, in a designated parking space on or along any street, roadway, or right-of-way under the jurisdiction of the Florida Department
of Transportation in contravention to the parking restrictions set forth in any general use permit issued to the city by the Florida Department of Transportation. A general use permit
authorizes the city to restrict the hours of continuous parking along a designated street, roadway or right-of-way, and to install and maintain signage specifying the continuous parking
restriction, the hours in which the restriction is applicable, and the street, roadway, or right-of-way on which the restriction is applicable. Signage in accordance with this section
and general use permit shall be conspicuously posted identifying the restricted parking zone and the hours in which the restricted parking is applicable.
(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. (Ord. No. 89 3, ( 2, 2 21 89; Ord.
No. 03-057, ( 2, 11 5 03; Ord. No. 04-089, ( 1, 11-3-04)
Sec. 14 6. Traffic calming measures.
(a) The city shall consider placement of traffic calming measures only upon completion of an initial traffic study. Traffic calming shall be considered:
(1) Only on those local streets with average daily traffic volumes greater than 500 vehicles per day; and
2005 S-23
(2) Only when the 85th percentile speed is greater than 30 mph for those streets posted at 25 mph, or greater than 35 mph for those streets posted at 30 mph.
(b) Signing, striping and other devices identifying traffic calming measures shall conform to the current Manual on Uniform Traffic Control Devices. (Ord. No. 02 009, ( 2, 2 19 02)
Editor(s note(Former ( 14-6, repealed by Ord. No. 85-45, Attach. (b), adopted Aug. 20, 1985, had pertained to speed limits for trains and other railroad vehicles as derived from the
1958 Code, (( 29 3, 29 3.1.
Sec. 14-7. Trains blocking or obstructing
crossings.
(a) No two or more consecutive street crossings, where the streets of the city intersect a railroad track at grade level shall be blocked by railroad traffic of any nature whatsoever,
at the same time, for a period of more than ten minutes, and in no case shall any street crossing within the city be blocked by railroad traffic for a period of more than 20 minutes.
After a railroad crossing has been blocked by railroad traffic for a period of more than 20 minutes, said crossing shall not again be blocked by railroad traffic until it has been cleared
for the use of vehicular or pedestrian
2B Boynton Beach Code
Motor Vehicles and Traffic 3
traffic across or upon the intersecting streets for a period of at least ten (10) minutes.
(b) It shall be the responsibility of all railroads operating trains or other railway vehicles of any nature whatsoever within or through the city to notify the city police and fire
departments whenever any street crossing is to be blocked by railroad traffic for a period of ten (10) minutes or more. (Code 1958, ( 29 3.2)
Cross reference Obstructing streets generally, ( 22-4.
Sec. 14-7.1 When sounding train whistle-horn
prohibited; penalty.
(a) It shall be unlawful and a public nuisance for any person, business or corporation operating a railroad train of a railroad company wholly within the State of Florida to blow, activate,
or in any way permit or cause the blowing or activation of train whistles and/or horns from railroad trains between the hours of 10:00 p.m. and 6:00 a.m. on any day, when such train
is traveling within the City of Boynton Beach, Florida.
(b) This section relates only to public railroad/highway grade railroad train crossings having train activated automatic traffic control devices, which shall include flashing lights,
bells and crossing gates on both sides of the railroad tracks.
(c) Any person, business or corporation found to be in violation of this section will be subject to the penalty provisions of section 1 6, general penalties; continuing violations; adjudging
fines and imprisonment of the Code of Ordinances of the City of Boynton Beach, Florida. (Ord. No. 84 33, (( 1(3, 8 21 84; Ord. No. 86 38, ( 1, 11 5 86)
Editor's note Ord. No. 84 33, (( 1(3, adopted Aug. 21, 1984, did not specify manner of codification; hence, inclusion herein as ( 14 7.1 has been at the discretion of the editor.
Cross reference Locomotive whistles and bells disturbing peace and quiet of neighborhoods, ( 15 8(a).
Sec. 14-8. Supplemental provisions for
impounding, sale, redemption of
abandoned vehicles; disposition of
proceeds.
(a) The provisions of this section shall be in addition and supplemental to any other provisions of law.
(b) Any abandoned vehicle, as defined in the Statutes of the State of Florida, lawfully taken into possession of the city by any officer or agent thereof may be sold by the city at public
outcry to the highest bidder, after notice of said sale shall have been in a news paper of general circulation in the city once a week for a period of two (2) consecutive weeks, with
the first publication being at least fifteen (15) days prior to the date of sale, and the purchaser at said sale shall take title to said property free and clear of all prior claims
against same. A diligent search and inquiry shall be conducted by the city official conducting any such sale, prior to said sale, to ascertain the name and residence address of the owner
and any lienholders against subject property, and an affidavit establishing that such search has been made, together with the names and addresses of the owner and lienholders, or that
the same are unknown to affiant, shall be set forth therein and filed in the sale proceedings. A copy of the notice of sale shall be mailed to each owner and lienholder, if known, at
least ten (10) days prior to the date of sale. Failure of such owners and lien-holders to receive such notice shall not invalidate the sale. Any owner or lienholder shall have the right
to redeem subject property prior to the time of sale by paying the city all costs incurred in connection with the proceedings, including moving and storage costs incurred. Proceeds
of such sales shall be and become a part of the general fund of the city to be utilized pursuant to directions of the city council for any lawful purpose. (Laws of Fla., Ch. 63-1123,
( 1)
Cross reference Alternative provisions for abandoned, wrecked or junked vehicles, ( 10 50 et seq.
State law references Vehicle defined for purposes of traffic law, F.S. ( 317.003(64); supplemental procedure for removal and destruction of abandoned property, including definition of
(abandoned property,( F.S. ( 705.16.
2005 S-23
4 Boynton Beach Code
Sec. 14-9. Disabled parking space violation.
(a) It shall be unlawful for any person to stop, stand, or park a vehicle in any parking space designated with the internationally accepted wheelchair symbol or the caption, (PARKING
BY DISABLED PERMIT ONLY,( or with both such symbol and caption, unless such vehicle displays a parking permit issued pursuant to Section 320.0848, Florida Statutes, and such vehicle
is transporting a person eligible for such parking permit. However, any person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit,
momentary parking in any such parking space for the purpose of loading or unloading a disabled person. No penalty shall be imposed upon the driver for such momentary parking.
(b) Whenever a law enforcement officer or a parking enforcement specialist finds a vehicle in violation of this section, that officer may have the vehicle in violation removed to any
lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever any
vehicle is removed by a law enforcement officer, parking enforcement specialist, or agency to a storage lot, garage, or other safe parking space, the cost of such removal and parking
shall be a lien against the vehicle.
(c) 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:
(1) At the time the parking ticket was issued, that the person issued the ticket possessed a valid disabled parking permit or license place in accordance with F.S. ( 320.0848, 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 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 twenty-five dollars ($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 in this subsection,
the administrative fee will 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 (
14-10 and the procedures of the county court. (Ord. No. 85 44, ( 1, 8 6 85; Ord. No. 89 3, ( 3, 2 21 89; Ord. No. 05-003, ( 1, 1-4-05)
Sec. 14-10. Liability for payment of parking
ticket violations.
(a) The owner of a vehicle is responsible and liable for payment of any parking ticket violation unless the owner can furnish evidence that the vehicle was, at the time of the parking
violation, in the care, custody, or control of another person. In such instances, the owner of the vehicle is required, within a reasonable time after notification of the parking violation,
to furnish to the appropriate law enforcement authorities the name and address of the person or company who leased, rented, or otherwise had the care, custody or control of the vehicle.
The owner of a vehicle is not responsible for a parking
2005 S-23
Motor Vehicles and Traffic 5
ticket violation 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.
(b) Any person issued a parking ticket by a parking enforcement specialist or officer shall be deemed to be charged with a noncriminal violation and shall comply with the directions
on the ticket. In the event that payment is not received or a response to the ticket is not made within the time period specified thereon, the county court or its traffic violations
bureau shall notify the registered owner of the vehicle which was cited, by mail to the address given on the motor vehicle registration of the ticket. Mailing of the notice to such address
shall constitute notification. Upon notification, the registered owner shall comply with the court's directive.
(c) Any person who fails to satisfy the court's directive shall be deemed to waive his right to pay the applicable civil penalty.
(d) Any person who elects to appear before a designated official to present evidence shall be deemed to have waived his right to pay the civil penalty provisions of the ticket. The official,
after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed one hundred dollars ($100.00) plus court
costs. Any person who fails to pay the civil penalty within the time allowed by the court shall be deemed to have been convicted of a parking ticket violation, and the court shall take
appropriate measures to enforce collection of the fine.
(e) The city police department as the city's traffic violations bureau shall periodically supply the Florida Department of Highway Safety and Motor Vehicles ((department() with magnetically
encoded computer tape reels or cartridges which are machine readable by the installed computer system at the department, listing persons who have any outstanding violation for parking
in a handicap/disabled parking space or three (3) or more unpaid parking violations;
with the intent that no license plate or revalidation sticker shall be issued by the department or the tax collector to such persons until the registered owner presents a receipt showing
that such parking fines have been paid, or the person is removed from the tape after update. (Ord. No. 89 3, ( 4, 2 21 89; Ord. No. 91 69, ( 2, 10 1 91)
Sec. 14-11. Civil penalties.
The following civil penalties shall be imposed upon the owner of any motor vehicle found to be stopped, standing or parking in violation of an ordinance or Florida law as follows:
Violation Civil penalty
(1) Nonmoving traffic violations
as prohibited by sections 14 3
and 14 5, excepting 14 5(2)(b)
and 14 5(2)(e), Code of
Ordinances:
If paid within 10 days $ 25.00
After 10 days from date of issue 32.00
(2) Nonmoving traffic violations
as prohibited by sections
14 5(2)(b) and 14 5(2)(e),
Code of Ordinances:
If paid within 10 days 50.00
After 10 days from date of issue 65.00
(3) Parking in a space or spaces
provided for certain disabled
persons, as prohibited by section
14 9 250.00
(Ord. No. 89 3, ( 5, 2 21 89; Ord. No. 90 44, ( 1, 9 18 90; Ord. No. 90 52, ( 1, 11 7 90)
2005 S-23
6 Boynton Beach Code
Sec. 14 12. Curbstoning.
(a) Definition. Curbstoning is a term given to the practice of buying and selling automobiles without a motor vehicle dealer license and legally established place of business. Curbstoners
usually park and display their vehicles for sale in high traffic locations. Often these locations are on rights-of-ways, utility or pipeline easements, at gas stations, convenience stores,
supermarket parking lots, public parking lots, etc.
(b) It is unlawful for any person to park a motor vehicle upon a public street or highway, a public parking lot, or other public property, or upon private property where the public has
the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless the sale, hire, or rental of the motor
vehicle is specifically authorized on such property by municipal regulation and the person is in compliance with all municipal licensing regulations.
(c) As specified by F.S. ( 316.1951, the provisions of subsection (b) do not prohibit a person from parking his or her own motor vehicle or his or her other personal property on any
private real property which the person owns or leases or on private real property which the person does not own or lease, but for which he or she obtains the permission of the owner,
or on the public street immediately adjacent thereto, for the principal purpose and intent of sale, hire, or rental.
(d) Subsection (b) does not prohibit a licensed motor vehicle dealer from displaying for sale or offering for sale motor vehicles at locations other than the dealer(s licensed location
if the dealer has been issued a supplemental license for off premises sales and has complied with the requirements in subsection (b). A vehicle displayed for sale by a licensed dealer
at any location other than the dealer(s licensed location is subject to immediate removal without warning.
(e) A law enforcement officer, code compliance officer, or supervisor of the department may issue a citation and cause to be immediately removed at the owner(s expense any motor vehicle
found in violation of subsections (b), (f), (g), (h), or (i). The owner shall be assessed a penalty of one hundred dollars ($100.00) by the city and the motor vehicle will be immediately
removed. A motor vehicle removed under this section shall not be released from an impound or towing and storage facility until after the fine has been paid to the city and a release
form has been issued by the city verifying that the fine has been paid.
(f) It is unlawful to offer a vehicle for sale if the vehicle identification number has been destroyed, removed, covered, altered, or defaced. A vehicle found in violation of this subsection
is subject to immediate removal without warning.
(g) It is unlawful to knowingly attach to any motor vehicle a registration/tag that was not assigned or lawfully transferred to the vehicle. A vehicle found in violation of this subsection
is subject to immediate removal without warning.
(h) It is unlawful to display or offer for sale a vehicle that does not have a valid registration. A vehicle found in violation of this subsection is subject to immediate removal without
warning. This subsection does not apply to vehicles and recreational vehicles being offered for sale through motor vehicle auctions.
(i) A vehicle is subject to immediate removal without warning if it bears a telephone number that has been displayed on three (3) or more vehicles offered for sale within a twelve (12) month
period.
(j) Any other provision of law to the contrary notwithstanding, a violation of subsection (b), subsection (f), subsection (g), subsection (h), or subsection (i) shall subject the owner
of such motor vehicle to towing fees reasonably necessitated by removal and daily storage of the motor vehicle in
2015 S-45
Motor Vehicles and Traffic 7
addition to a fine as set forth in subsection (e). Such fees and costs are set by the towing, storage, or impound company which removes the vehicle from the unauthorized location.
(k) The city hereby incorporates F.S. (( 316.1951, 320.27(5), and 320.01 as if fully set forth herein. Further, this section shall automatically incorporate any and all subsequent amendments
to F.S. (( 316.1951, 320.27(5), and 320.01.
(Ord. No. 14 017, ( 2, 9 3 14)
State law references Related provisions, F.S. (( 316.1951, 320.27(5), and 320.01.
2015 S-45
8 Boynton Beach Code