Ord 14-02ORDINANCE NO. 14-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BE, ACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY AMENDING CHAPTER 71,
"PARKING REGULATIONS", BY ENACTING SECTION
71.092, "IMMOBILIZATION OF VEHICLES BY THE CITY
TO COLLECT OUTSTANDING PARKING FINES", TO
PROVIDE PROCEDURES FOR THE IMMOBILIZATION
OF VEHICLES THAT HAVE A CERTAIN NUMBER OF
UNPAID PARKING TICKETS OUTSTANDING;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, there are certain owners and operators of vehicles who have failed to pay
parking tickets issued by the City of Dekay Beach; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
have these owners and operators of vehicles pay their parking tickets on time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DI~.LRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances of the City
of Delray Beach, is hereby amended by enacting Section 71.092, "Immobilization of Vehicles by the
City to Collect Outstanding Parking Fines", to read as follows:
Section 71.092 IMMOBILIZATION OF VEHICLES BY THE CITY TO CO!J-ECT
OUTSTANDING PARKING FINES
(A) Any police officer employed by the City is hereby authorized to attach a "Denver boot"
or other nondestructive device, which prevents a vehicle from being moved under its own power, to
motor vehicle under the following conditions:
(1) The motor vehicle has. on at least five (5) prior occasions, been found
stopped, standing or parked on any street, alley or thoroughfare within the City. in violation
of a ~tate law or Ci.ty ordinance for which parking tickets have been issued and to which the
reostered owner has failed or refused to respond by requesting an administrative heating
before the City Manager's des'_mnee or a court date to contest the parking tickets or by paying
the civil penalties indicated upon the parking tickets or imposed by court order. A parking
ticket issued for parking in a handicapped parking space shall count as three (3) occasions or
tickets for the purposes of this ordinance.
1 ORD. NO. 14-02
(2) The re~stered owner of thc motor vehicle has been given written notice by
mail (to the address listed by the Florida Department of Highway Safety. & Motor Vehicles)
or otherwise that the provisions of this section will be enforced against the motor vehicle
unless, not more than ten (10) calendar days from the date of receipt of the notice, the
owner shall pay the civil penalties for all such outstanding parking tickets, or request an
administrative hearing before the City Manager's designee to determine whether thc
immobili~,.ation of thc vehicle is warranted or notifies the City. that he has requested a court
hearing for the unpaid tickets: and
The re~stered owner of the motor vehicle has failed or refused to respond to
thc notice described in paragraph (A)(2) above by paying such civil penalties or requesting an
administrative hearing or court hearing: and
(4) If the owner or operator of such vehicle requests an administrative heating_.
the City Manager's des'~kgnee shall grant an administrative hearing within ten (10) working
days from the date of such request. Immobili~.ation shall be warranted if the City. Manager's
designee finds that the City. has correctly followed the notice procedures of this section and
there are a sufficient number of outstanding parking tickets. The owner or operator may
appeal the City. Manager's des'_tgnee's decision to the City. Mana~r.
(13) The City. shall maintain a current list of all motor vehicles to which an immobilizing
device may be attached pursuant to this section.
(C) The immobilizing device shall be attached to the motor vehicle at any location within the
City. where the motor vehicle may be found, if the location is in a right-of-way or a place where the
public is invited to travel, except that no motor vehicle shall be immobili~.ed within the traveled
portion of any street or in any portion of any street when mobilization at such place would create
a hazard to the public or to traffic.
.rD) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be
affixed t9 the windshield and to the left front window (drivers side) stating that the immobilizing
device has been attached and cautioning the operator not to attempt to operate the motor vehicle or
to attempt to rcm0ve thc mobilizing device. The notice shall inform thc 0whet or operator of the
motor vehicle of the total amount of civil penalties assessed under the citations for which the motor
vehicle is immobilized, plus the removal char~ for removal of the mobilizing device, and the
location to which the owner or operator must go in order to pay the civil penalties and removal
charge and have the immobilizing device removed from the motor vehicle.
0~) Except as provided in subsection .(la). below, the immobilizing_ device shall be removed
from thc motor vehicle only ut>on pa.vment of the dvil penalties assessed under the citations for
which the motor vehicle has been immobilized, plus the removal charges, or upon the authorization
2 ORD. NO. 14-02
of the City Manager's designee. Payment may be made in the form of cash. cashier's check, money
order, MasterCard or Vis~. Payment shall be made at the City. of Dekay Beach Police Department.
300 W. Atlantic Avenue. Delray Beach.
Cc-') The owner or operator of a vehicle which has been immobili~.ed with an immobilizing
device shall have the right to request the City Manager's des'~mnee to conduct an administrative
heating for the purpose of determining whether such vehicle was properly immobili~.ed in
accordance with the terms of this section. The hearkng shall be held during normal business hours
(M-F 8:00 a.m. to 5:00 p.m.. excluding holidays) and within twenty-four (24) hours of such a request
being made if thc City. Manager's des'~gnee is available. If said immobili?.ation occurs after n0rm~
City. business hours 0VI-F 8:00 a.m. to 5:00 p.m.) said hearing will be scheduled within 24 hours of
the opening of the business. The owner or operator requesting the hearing shall receive notice of its
date, time and place at the me the request is made. If, upon the c0ndu~ion of the hearing, the City.
Manager's designee determines that the vehicle was properly immobilized in accordance with the
terms of this section, the owner or operator, in order to obtain the removal of the immobili~.ing
device, shall pay the City. the mount indicated in subsection (E). If the City. Mana~r's des'~mee
determines that the vehicle wa~ not properly immobili~.ed, the immobili~.ing device shall be removed
a~ soon as possible. The owner or operator may appeal the decision of the City. Manager's des'~mnee
to the City. Manager.
(G) The removal char~ for the authorized removal of an immobili~,.ing device is hereby
established in the mount of twenty, five dollars ($25.00).
~ A~ an ~dditional remedy, if an immobili~.ing device remains on a motor vehicle for more
than twenty-four (24) hours, any motor vehicle desc,4;ibed in subsection (A~ may be towed from any
location where it may be found within the city., if the location is in a tight-of-way or a phce where
the public is invited to travel, and shall be impounded until the registered owner pays all outstanding
civil penalties, the removal charge and the costs of towing and impoundment.
.fl). This section shall be applied retrospectively so that any outstanding dtation or summons
shall be includable in determining whether the requirements of Para~aph (A)(1) have been met.
_fl). The City. Manager shall have the tight to appoint the Parking Manage~ ment Specialist or
another des'_~onee to conduct the administrative hearing.
(K) If the immobiliz~g device is destroyed or damaged while placed on a motor vehicle, the
owner of the ~ot0r v¢l~cle ~hall be responsible for the costs to repair such damage or to replace the
immobilizing device if destroyed. However, in no event shall such charges exceed $500.00. Such
charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed
on a motor vehicle and the motor vehicle is moved without returning the immobili~.ing device, the
owner of the motor vehicle shall then be responsible for the replacement cost of the immobili~.ing
device.
3 ORD. NO. 14-02
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSE.~.,~A _NI2). ADOPTED
.. day o f "ff~-~
in regular session on second and final reading on this the
,200a,f.
MAYOR
City Clerk
First ReadingS_
Second Reading
4 ORD. NO. 14-02
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM ] 0 ~:~ - REGULAR MEETING OF MAY 21, 2002
ORDINANCE NO. 14-02 (IMMOBILIZATION OF VEHICLES)
DATE: MAY 17, 2002
This is second reading and public hearing for Ordinance No. 14-02 by amending Chapter 71,
"Parking Regulations", of the Code of Ordinances by enacting Section 71.092, "Immobilization of
Vehicles by the City to collect outstanding parking fines". Authorizing the Police Department to
attach a "Denver boot" or other nondestructive device to a motor vehicle preventing the vehicle from
being moved via its own power under the following conditions:
The motor vehicle has, on at least five (S) prior occasions, been found
stopped, standing, or parked on any street, alley or thoroughfare within the
City in violation of a state law or City ordinance for which parking tickets
have been issued and to which the registered owner has failed or refused to
respond by requesting an administrative hearing before the City Manager's
designee or a court date to contest the parking tickets or by paying the civil
penalties indicated upon the parking tickets or imposed by court order.
At the first reading on May 7, 2002, The City Commission passed the Ordinance No. 14-02
unanimously.
Recommend approval of Ordinance No. 14-02 on second and final reading.
S:\C~ty Clerk\chevelle folder\agenda memos\Ord. 14-02 0S 21 02
TO:
THRU:
FROM:
SUBJECT:
DAV~~H A,~~, CI TYMAN AG ER
P A:,~~RL~RE CTOR OF PLAN NING & ZON lNG
SCOTT ARONsoN,-pAI~KING MANAGEMENT SPECIALIST
MEETING OF MAY 7, 2002 - REGULAR AGENDA
REVIEW OF PROPOSED IMMOBILIZATION ORDINANCE
AMENDING CHAPTER 71 OF THE CITY CODE OF ORDINANCES
BY ENACTING SECTION 71.092 "IMMOBILIZATION OF VEHICLES
BY THE CITY TO COLLECT OUTSTANDING PARKING FINES"
At the November 13, 2001 City Commission Workshop, staff was directed to create an
immobilization ordinance to address the collection of outstanding parking fines.
The following highlights the major points of the proposed ordinance:
1. Vehicles with five (5) outstanding violations are eligible for immobilization.
2. Illegally parking in a handicapped zone counts as three (3) violations.
3. Once meeting the criteria, the registered owner shall be served notice via U.S. Mail.
The owner will have ten (10) calendar days from the receipt of notification to: pay all
outstanding fines and penalties, request an administrative hearing, or request a court
date to contest the fines.
4. Vehicle owners have the right to request an administrative hearing to determine that
the vehicle was properly immobilized pursuant to this ordinance.
5. Boot removal fee is established at $25.00 in addition to the payment of all outstanding
fines and penalties.
6. Vehicles remaining immobilized in excess of twenty-four (24) hours shall be towed
from their location and impounded until all outstanding penalties, boot removal
charges, and the cost of towing and impoundment are paid.
7. Cost of repair to, or replacement of, the immobilization device will be assessed to the
vehicle owner if the device is damaged, destroyed, or if a vehicle is moved without
returning the immobilization device. This cost will not exceed $500.00.
8. This section shall be applied retrospectively so that any outstanding citation or
summons shall be includable in determining whether the requirements of Paragraph
(A)(1) have been met.
The Parking Management Advisory Board, at their meeting of April 23, 2002, unanimously
recommended approval of the proposed Immobilization Ordinance.
By motion, approve the amendment to Chapter 71 of the City Code of Ordinances by
enacting Section 71.092, "Immobilization of Vehicles by the City to Collect Outstanding
Parking Fines."
Attachment:
[] Proposed Immobilization Ordinance
ORDINANCE NO. 14-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES, BY AMENDING CHAPTER 71,
"PARKING REGULATIONS", BY ENACTING SECTION
71.092, "IMMOBILIZATION OF VEHICLES BY THE CITY
TO COIJ.ECT OUTSTANDING PARKING FINES", TO
PROVIDE PROCEDURES FOR THE IMMOBILIZATION
OF VEHICLES THAT HAVE A CERTAIN NUMBER OF
UNPAID PARKING TICKETS OUTSTANDING;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, there are certain owners and operators of vehicles who have failed to pay
parking tickets issued by the City of Delray Beach; and
WHEREAS, the City Commission has determined it to be in the public's best interest to
have these owners and operators of vehicles pay their parking tickets on time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances of the City
of Delray Beach, is hereby amended by enacting Section 71.092, "Immobilization of Vehicles by the
City to Collect Outstanding Parking Fines", to read as follows:
Section 71.092 IMMOBILIZATION OF VEHICLES BY THE CITY TO COLLECT
OUTSTANDING PARKIN(3 FINES
(A) Any police officer employed by the City is hereby authorized to attach a "Denver boot"
or other nondestructive device, which prevents a vehicle from being moved under its own power, to
motor vehicle unsler the following conditions:
(1) The motor vehicle has, on at least five '(5) prior occasions, been found
stopped, standing or parked on any street, alley or thoroughfare within the City. in violation
of a state law or City. ordinance for which parking tickets have been issued and to which the
re~stered owner has failed or refused to respond by requesting an administrative hearing
before the City Manager's des'~kLmee or a court date to contest the parking tickets or by paving
the civil penalties indicated upon the parking tickets or imp.osed by court order. A parking
ticket issued for parking in a handicapped parking space shall count as three (3) occasions or
l;iek¢~s for the purposes of this ordinance.
1 ORD. NO. 14-02
(2) The re~stered owner of the motor vehicle has been given written notice by
mail (to the address listed by the Florida Department of Highway Safety & Motor Vehicles)
or otherwise that the provisions of this section will be enforced against the motor vehicle
unless, not more than ten (10) calendar days from the date of receipt of the notice, the
owner shall pay the civil penalties for all such outstanding parking tickets, or request an
administrative hearing before the City Manager's designee to determine whether the
immobilization of the vehicle is warranted or notifies the City that he has requested a court
hearing for the unpaid tickets: and
(3) The re~stered owner of the motor vehicle has failed or refused to respond to
the notice described in para~aph (.A)(2) above by paying such civil penalties or requesting an
administrative hearing or court hearing: and
(4) If the owner or operator of such vehicle requests an administrative hearing.
the City. Manager's des'_mnee shall ~ant an administrative hearing within ten (10) working
days from the date of such request. Immobili~.afion shall be warranted if the City Manager's
designee finds that the City has correctly followed the notice procedures of this section and
there are a sufficient number of outstanding parking tickets. The owner or operator may
appeal the City. Manager's des'_mnee's decision to the City. Manager.
(B) The City. shall maintain a current list of all motor vehicles to which an mobilizing
device may be attached pursuant to this section.
(C) The immobili~,.ing device shall be attached to the motor vehicle at any location within the
City. where the motor vehicle may be found, if the location is in a right-of-way or a place where the
public is invited to travel, except that no motor vehicle shall be immobilized within the traveled
portion of any street or in any portion of any street when immobili~.afion at such place would create
a hazard to the public or to traffic.
.fl3) At the time that an immobili?.ing device is attached to a motor vehicle, a notice shall be
affixed to the windshield and to the left front window (drivers side) stating that the immobili:,.ing
device has been attached and cautioning the operator not to attempt to operate the motor vehicle or
to attempt to remove the mobilizing device. The notice shall inform the owner or operator of the
motor vehicle of the total mount of civil penalties assessed under the citations for which the motor
vehicle is immobilized, plus the removal char~ for removal of the immobilizixlg device, and the
location to which the owner olr operator must go in order to pay the civil penalties and removal
charge and have the immobilizing device removed from the motor vehicle.
(E) Except as provided in subsection (F) below, the immobili~.ing device shall be removed
from the motor vehicle only upon payment of the civil penalties assessed under the citations for
which the motor vehicle has been immobili~.ed, plus the removal charges, or upon the authorization
2 ORD. NO. 14-02
of the City Manager's des'~mnee. Payment may be made in the form of cash. cashier's check, money
order, MasterCard or Visa. Payment ~hall be made at the City of Delray Beach Police Department,
300 W. Atlantic Avenue, Delray Beach.
(~ The owner or operator of a vehicle which has been immobili~.ed with an immobili~.ing
device shall have the fight to request the City Manager's designee to ~0nduct an adminislxative
hearing for the purpose of determining whether such vehicle was properly immobilized in
accordance with thc terms of this section. The hearing shall be held during normal business hours
(M-F 8:00 a.m. to 5:00 p.m.. excluding holidays) and within twenty-four (24) hours of such a request
being made if the City Manager's designee is available. If said immobilization occurs after n0nnal
City business hours (M-F 8:00 a.m. to 5:00 p.m.) s.aid hearing will be scheduled within 24 hours of
the opening of the business. The owner or operator requesting the hearing shall receive notice of its
date. time and place at the time the request is made. If, upon the conclusion of the hearing, the City
Manager's designee determines that the vehicle was properly immobilized in accordance with the
terms of this section, the owner or operator, in order to obtain the removal of the immob~
device, shall pay the City the amount indicated in subsection .(E). If the City Manager's des'~,nee
determines that the vehicle was not pr0pe~;ly immobili~.ed, the immobilizing device shall be removed
as soon as possible. The owner or operator may appeal the decision of the City. Manager's des'_~nee
to the City. Mana~r.
(G) The removal char_ce for the authorized removal of an immobilizing device is helreby
established in the amount of twenty five dollars ($25.00).
.fl-I) As an additional remedy, if an immobili~.ing device remains on a motor vehicle for more
than twenty-four (24) hours, any motor vehicle described in subsection (A) may be towed from any
location where it may be found within the city., if the location is in a fight-of-way or a place where
the public is invited to travel, and shall be impounded until the registered owner pays all outstanding
dvil penalties, the removal charge and the costs of towing and impoundment.
~ This section shall be applied retrospectively so that any outstanding dtafion or summons
shall be includable in determining whether the requirements of Para~aph (A)(1) have been met.
.fl). The City. Manager shall have the fight to appoint the Parking Mana~ment Speeiuli~t or
another desitmee to conduct the administrative heafines.
(K) If the immobili:,.ing device is destroyed or damaged while placed on a motor vehicle, the
owner of the motor vehicle shall be responsible for the costs to repair such damage or to replace the
immobilizing device if destroyed. However, in no event shall such charges exceed $500.00. Such
charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed
on a motor vehicle and the motor vehicle is moved without returning the immobilizing device, the
owner of the motor vehicle shall then be responsible for the replacement cost of the immobili~ing
device.
3 ORD. NO. 14-02
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regafiar session on second and final reading on this the
d~y of ,200
ATTEST
MAYOR
city Clerk
First Reading
Second Reading
4 ORD. NO. 14-02