15-029 1 ORDINANCE NO. 15 -029
2
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AMENDING CHAPTER 14, SECTION 14 -9,
6, "DISABLED PARKING SPACE VIOLATIONS" OF THE
7 CITY'S CODE OF ORDINANCES; PROVIDING FOR
8 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
9
10 WHEREAS from time to time the City's staff reviews its Code of Ordinances to
11 determine whether such ordinances may be made more efficient; and
12 WHEREAS, the Police Department Staff has reviewed Part II, Chapter 14, Section 14-
13 9 of the Code of Ordinances and determined that the disabled parking regulations needed to be
14 updated to reflect language contained in the Florida Statutes; and
15 WHEREAS, upon the recommendation of staff, the City Commission deems it to be
16 in the best interest of the citizens and residents of the City to amend Part II, Chapter 14 of the
17 Code of Ordinances, specifically Section 14 -9, Disabled Parking Regulations.
18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 Section I. The foregoing whereas clauses are true and correct and are now ratified and
21 confirmed by the City Commission.
22 Section 2. The City Commission of the City of Boynton Beach desires to amend
23 Chapter 14, Section 14 -9, "Disabled Parking Space Violation" of the City's Code of Ordinance
24 as follows:
25 Sec. 14 -9 Disabled Parking Regulations
26
27 Enforcement of parking requirements for persons who have disabilities. -
28
29 W(a) (a)-1t-shall-be PARKING Pursuant to Section 316.1955, Florida Statutes, it is unlawful for
30 any person to stop, stand, or park a vehicle imwithin, or to obstruct, any such specially
31 designated and marked parking space designated provided in accordance with the
{00052271.3 306 - 9001821 1C:\ Users \Prainitoj\Appdata\ Local \Microsoft \ Windows \Temporary Internet Files \Content.Outlook \TO8S9F2M\BB
Hindi cappedParki Rev). DocS : \C i nances \BB' '^^d Par ^^
Ordinance. Doc W : \Wdox \Does \306 \9001821 \00052271. DOC
- 1 -
1 internationally accepted wheelchair symbol or the caption, "PARKING BY DISABLED
2 ' PERMIT ONLY," or with both such symbol and captions. 553.5041, unless suehthe vehicle
3 displays a disabled parking permit issued pursuant to Section under s. 316.1958 or s. 320.0848
4 Florida Statutes, or a license plate issued under s. 320.084, s. 320.0842, s. 320.0843, or s.
5 320.0845, and sthe vehicle is transporting athe person eligible for such parkingto whom the
6 displayed permit. - . , . . ' .. . _ is issued. The violation may not be
7 dismissed for failure of the marking on the parking space to comply with Florida law if the
8 space is in general compliance and is clearly distinguishable as a : ' :: - :: - .
9 allowed, without need for an idcntificationdesignated accessible parking pet,
10 women space for people who have disabilities. Only a warning may be issued for
11 unlawfully parking in any such parking space for the purpose of loading or unloading a
12 disabled person. No penalty shall be imposed upon the drivcra space designated for seeh
13 momentary parkingpersons with disabilities if there is no above -grade sign as provided by law.
14 —
15 (b)— Whenever a law enforcement officer, a parking enforcement specialist, or the owner or
16 lessee of the space finds a vehicle in violation of this Secti onsub section, that officer may
17 owner, or lessor shall have the vehicle in violation removed to any lawful parking space or
18 facility or require the operator or other person in charge of the vehicle immediately to remove
19 the unauthorized vehicle from the parking space. Whenever any vehicle is removed by a law
20 enforcement officer, parking enforcement specialist, or agencyunder this section to a storage
21 lot, garage, or other safe parking space, the cost of suehthe removal and parking shall
22 beconstitutes a lien against the vehicle.
23 —
24 (c) A parking ticket issued The officer or specialist shall charge the operator or other person
25 in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as
26 provided in s. 316.008(4) or s. 318.18(6). The owner of a leased vehicle is not responsible for a
27 violation of this section if the vehicle is registered in the name of the lessee.
28
29 (d) All convictions for violations of this section must be reported to the Department of
30 Highway Safety and Motor Vehicles by the clerk of the court.
31
32 (e) A law enforcement officer or a parking enforcement specialist has the right to demand to be
33 shown the person's disabled parking permit and driver license or state identification card when
34 investigating the possibility of a violation of this section. If such a request is refused, the person
35 in charge of the vehicle may be dismissed or voided by the city's police departmcnt,charged
36 with resisting an officer without violence, as provided that thein s. 843.02.
37
38 if) No person, vehicle, or object shall obstruct the path of travel to an accessible parking space.,
39 curb cut, or access aisle by standing or parking a vehicle within any such designated area. The
40 violator is subject to the same penalties as are imposed for illegally parking in a space that is
41 designated as an accessible parking space for persons who have disabilities.
42
43 (4) Any person who is chauffeuring a person who has a disability is allowed, without need for a
44 disabled parking permit or a special license plate, to stand temporarily in any such parking
45 space, for the purpose of loading or unloading the person who has a disability. A penalty may
46 not be imposed upon the driver for such temporary standing.
{0005227.3 306- 9001821 )C:\ Users \Prainitoj\Appdata\ Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \TO8S9F2M\BB
Handicapped Parking Ordinance(Rev).Doc : e : ' •, . = : - •. • • .. e ' • - •
`:. .; I *55 551 ..
- 2 -
1
2 (4)(a) A vehicle that is transporting a person who has a disability and that has been granted a
3 permit under Section 320.0848(1)(a), Florida Statutes may be parked for a maximum of 30
4 minutes in any parking space reserved for persons who have disabilities.
5
6
7 (2) PLACARD PLACEMENT AND SPECIFICATION Pursuant Section 320.0848, Florida
8 Statutes, the disabled parking permit placard must be placed in a motor vehicle so as to be
9 visible from the front and rear of the vehicle. Each side of the placard must have the
10 international symbol of accessibility in a contrasting color in the center so as to be visible. One
11 side of the placard must display the applicant's driver's license number or state identification
12 card number along with a warning that the applicant must have such identification at all times
13 while using the parking permit. A validation sticker must also be issued with each disabled
14 parking permit, showing the month and year of expiration on each side of the placard.
15 Validation stickers must be of the size specified by the Department of Highway Safety and
16 Motor Vehicles and must be affixed to the disabled parking permits. The disabled parking
17 permits must use the same colors as license plate validations.
18
19 (3) ILLEGAL USE Any person who fraudulently obtains or unlawfully displays a disabled
20 parking permit that belongs to another person while occupying a disabled parking space or an
21 access aisle while the owner of the permit is not being transported in the vehicle or who uses an
22 altered, tampered or unauthorized replica of such a disabled parking permit with the intent to
23 deceive shall be issued the ticket presents proof of the following to the police department
24 within ten (10) days of thea citation issuance datc:for Illegal Use and fined $250.
25 (1) At the time the
1 26 (4) CONFISCATION A law enforcement officer or a parking ticket was issucd, that the
27 person issucd thc ticket possessed a valid- enforcement specialist is authorized to confiscate the
28 disabled parking permit or license place in accordance with F.S. § 320.0848, as amended from
29 •-- - -- -, - . -: .. • .. -- :----• . y person who fraudulently obtains or license
30 plate as required by law; and
31 (2) That the person issued the unlawfully uses such a permit. A law enforcement officer or
32 a parking ticket is the owner of the vehicle cited on the parking ticket: and
33 (3) That thecnforcement specialist may confiscate any disabled parking permit of
34 placardthat is expired, reported as lost or assigned to thc vehicle cited on the parking
35 ticket; andstolen, defaced, does not display a personal identification number .
36 (4) That the owner of the disabled parking permit or placard was driving or was a
37 passenger in the vehicle immediately prior to thc time the parking ticket was issued.
38 The police department
39 (5) OUT OF STATE Pursuant to Section 316.1958, Florida Statutes, motor vehicles
40 displaying a special license plate or parking permit issued to a person who has a disability by
41 any other state or district subject to the laws of the United States or by a foreign country that
42 issues disabled parking permits that display the international symbol of accessibility are
43 recognized as displaying a valid license plate or permit, if the other state or district grants
44 reciprocal recognition for residents of this state who have disabilities. However, when an
{00052271.3306- 9001821 }C:\ Users \Prainitopinpdata \ Local \Microsoft\Windows \Temporary Internet Files \Content.Outlook \TO8S9F2M\BB
Handicapped Parkin Ordinance Revl.DocS:\C_^_ \_'-Finance °`BB Nandi^
Ordirian cc. Doc W : \ W dox \Does \306 \9001821 \00052271. DOC
- 3 -
1 individual is required by law to have a Florida driver license or a Florida vehicle registration, a
2 special motor vehicle license plate or parking permit issued by another state, district, or country
3 to persons who have disabilities is not valid and the individual whose vehicle displays such an
4 invalid plate or permit is subject to the same penalty as an individual whose vehicle does not
5 display a valid plate or permit. A law enforcement officer or parking enforcement specialist
6 may not ticket a vehicle for a violation without first determining whether the vehicle is
7 transporting a resident of another state who is the owner of the out -of -state placard.
8
9 (6) ASSESSMENT OF FINES AND USE OF FUNDS incurs administrative costs in
10 processing requests under this subsection. An administrative fee of twenty five dollars ($25.00) • 11 . . .: .. _ • - - first administrative fcc shall be waived. If the
12 person requesting thc dismissal or voiding of a parking ticket does not meet thc criteria set forth
13 • - - - • . -, -- .. • • • • .. -- . :; : -- . - . - - - .. --
14 parking ticket in full or challenge the issuance of the parking ticket in accordance with the
15 provisions of § 14 10 and thc procedures of thc county court. A violation of section 316.1955,
16 Florids Statutes shall be deemed an infraction, the fine for which shall be two hundred fifty
17 dollars ($250.00). Penalties for late payment of fines shall be assessed pursuant to Florida
18 Statutes section 318.18. The sums collected pursuant to this section shall be used in the
19 following manner:
20
21 (a) One -third to be used to defray expenses for the administration of this division and
22 the provisions of the Florida Statutes regarding disabled parking violations.
23 (b) Two - thirds to be used to provide funds to improve accessibility and equal
24 opportunity to qualified physically disabled persons in the county or municipality
25 and to provide funds to conduct public awareness programs in the county or
26 municipality concerning physically disabled persons.
27
28 The penalties set forth herein are nonexclusive and may be imposed in addition to or in lieu of
29 any other penalties set forth in Chapters 316, 318, and 320 of the Florida Statutes.
30
31 f8) This Ordinance hereby incorporates and adopts Sections 316.1955, 320.0848, 316.1958,
32 and 316.18 Florida Statutes, as may be amended from time to time.
33
34 Section 3. Each and every other provision of the City of Boynton Beach Code of
35 Ordinances not herein specifically amended, shall remain in full force and effect as originally
36 adopted.
37 Section 4. All laws and ordinances applying to the City of Boynton Beach in
38 conflict with any provisions of this ordinance are hereby repealed.
39 Section 5. Should any section or provision of this Ordinance or any portion thereof
40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
(00052271.3306- 9001821 }C:\ Users \Prainitoj\Al3pdata \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \TO8S9F2M\BB
Handicapped Parking Ordinance (Revl.Doc
. .. .. I; 'et 1 f 1 • •
1 remainder of this Ordinance.
2 Section 6. This Ordinance shall become effective immediately.
3 FIRST READING this 20 day of October, 2015.
4 SECOND, FINAL READING AND PASSAGE this 3 day of November 2015.
5 CITY OF BOYNTON BEACH, FLORIDA
6
7 YES NO
8
9 Mayor — Jerry Taylor 1 /
10
11 Vice Mayor — Joe Casello r/
12
13 Commissioner — David T. Merker ✓
14
15 Commissioner — Mack McCray ✓
16
17 Commissioner — Michael M. Fitzpatrick
18
19 _
20 VOTE 5 -0
21 ATTEST:
22
23
24 Aug: . • /91
25 er M. Prainito, MMC
26 Clerk
27 `,t Y p R
28
29 or - ' al)
1 _
{0005227.3 306- 9001821 }C:\ Users) Prainitoj \Appdata)L.ocaI\Microsoft\Windows \Temporary Internet Files \Content.Outlook \TO8S9F2M\BB
Handicapped Parking Ordinance(Rev
• - - .. .. I; . 1 1 ■ •