16-001 1 ORDINANCE NO. 16 -001
2 •
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AMENDING PART II, CHAPTER 14 OF THE CITY
5 CODE OF ORDINANCES ENTITLED "MOTOR VEHICLES AND
6 TRAFFIC ", SECTION 14 -12 ENTITLED "CURBSTONING ", BY
7 AMENDING THE AMOUNT OF THE PENALTY ASSESSED;
8 PROVIDING FOR CODIFICATION; PROVIDING FOR
9 CONFLICTS; PROVIDING FOR SEVERABILITY; A N D
10 PROVIDING FOR AN EFFECTIVE DATE.
11
12 WHEREAS from time to time the City's staff reviews its Code of Ordinances to
13 determine whether such ordinances may be made more efficient; and
14 WHEREAS, the Code Compliance Division has reviewed Section 14 -12 of the Code
15 of Ordinances (Curbstoning) and has determined that an increase in the penalty amount
16 assessed for violation of this section is consistent with Section 318.18(21), Florida Statutes;
17 and
18 WHEREAS, upon the recommendation of staff, the City Commission deems it to be
19 in the best interest of the citizens and residents of the City to amend Section 14 -12 of the
20 Code of Ordinances to increase the penalty for violation from $100.00 to $500.00 to be
21 consistent with Florida Statutes.
22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
23 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
24
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a part of this Ordinance.
27 Section 2. Section 14 -12, "Curbstoning" of Part II, Chapter 14, of the City Code
28 of Ordinances "Motor Vehicles and Traffic ", is amended as follows:
29 Sec. 14-12. Curbstoning.
30
31 .
32
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1 (e) A law enforcement officer, code compliance officer, or supervisor of the department
2 may issue a citation and cause to be immediately removed at the owner's expense any motor
3 vehicle found in violation of subsections (b), (f), (g), (h), or (i). Pursuant to F.S. •318.18, Tthe
4 owner shall be assessed a penalty of endive hundred dollars ($4- 500.00) by the city and the
5 motor vehicle will be immediately removed. A motor vehicle removed under this section shall
6 not be released from an impound or towing and storage facility until after the fine has been
7 paid to the city and a release form has been issued by the city verifying that the fine has been
8 paid.
9 ...
10
11 (k) The city hereby incorporates F.S. §§ 316.1951, 318.18, 320.270), and 320.01 as if
12 fully set forth herein. Further, this section Section shall automatically incorporate any and all
13 subsequent amendments to F.S. §§ 316.1951, 318.18, 320.270, and 320.01, without further
14 action by the City Commission.
15
16 Section 3. City Staff is authorized to take all steps necessary to effectuate the
17 intent of this ordinance. •
18 Section 4. It is the intent of the City Commission of the City of Boynton Beach
19 that the provisions of this Ordinance shall become and be made a part of the Code of
20 Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may be
21 renumbered, re lettered and the word "Ordinance" may be changed to "Section ", "Article" or
22 such other word or phrase in order to accomplish such intent.
23 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of
24 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
25 conflict.
26 Section 6. If any clause, section, or other part or application of this Ordinance
27 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
28 unconstitutional or invalid part or application shall be considered as eliminated and so not
29 affecting the validity of the remaining portions or applications remaining in full force and
30 effect.
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1 Section 7. This Ordinance shall become effective upon adoption.
2
3 FIRST READING THIS 19th DAY OF JANUARY, 2016. ki/raikli, 4 f 5 SECOND, FINAL READING AND PASSAGE this � day of 2016.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9 YES NO
10
11 Mayor — Jerry Taylor
12
13 Vice Mayor — Joe Casello
14
15 Commissioner — David T. Merker
16
17 Commissioner — Mack McCray
18
19 Commissioner — Michael M. Fitzpatrick
20
21
22 VOTE
23
24 ATTEST:
25
27 id- M • 1 ".
28 Ju 'th A. Pyle, CMC
29 e City Clerk
30 -
sr
31 �� " r
32 1403
33 (Corporate Seal)
34
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