Ord 26-09ORDINANCE NO. 26-09
AN ORDINANCE OF THE CITY COI~~vIISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
CHAPTER 71, "PARKING REGULATIONS", SECTION 71.999,
"PENALTY", SUBPARAGRAPH (B}, "CIVIL PENALTY" TO ALLOW
THE CITY TO ADD CERTAIN COSTS OF COLLECTION FEES
FROM A REGISTERED COLLECTION AGENCY TO ANY UNPAID
BALANCE OWED THE CITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE.
WHEREAS, Florida Statutes Sec. 938.35 allows for municipalities to pursue the collection of any fines
or costs which remain unpaid for ninety days through a registered collection agency and assess the collection
fee to the balance owed the municipality; and,
WHEREAS, the cost savings to the City would be substantial since the violator would now be
responsible for the collection fees instead of the City.
NOW, THEREFOI~;E, BE IT ORDAINED BY 'I"HE CITY COI~IIvIISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Chapter 71, "Parking Regulations", Section 71.999, '"Penalty", Subsection (B},
""Civil Penalties", of the City's Code of Ordinances of the City of Delray Beach, Florida, shall hereby be enacted
as follows.:
(B} [Civil Penalties. The civil penalties shall be set out in the complaint and parking ticket and shall
be in the amount of twenty-five dollars ($25.00} for each violation of this Chapter, except as otherwise set forth
in this Section. An additional twenty-five dollars ($25.{}0} civil penalty shall be imposed unless the amount
designated on the complaint and parking ticket is paid within fourteen (14} calendar days from the date the
complaint and parking ticket was affixed to that motor vehicle. Any fees which remain unpaid for 90 dais ar
more shall be referred to a registered collection agency, who will~ursue the collection of the outstanding
balance of the unpaid fine along with any collection fees, service charges, or costs accrued for the collection of
said fines in an amount not to exceed forty percent (40°1°} of the amount awed at the tune the account is
referred to the collection agency
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 3. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADAPTED in regular session on sewn d final r o this 1"C"``-day o£
_, 2009.
MAYC?R
ATTEST:
~...J . ~t ~.J l~
City Clerk
First Readin
Second Readin ~ ~~
z aRD. NC3. z~-09
MEMORAND~.TM
TO: Mayar and City Cammissianers
FROM: David T. Harden, City Manager
DATE: May 12, 2449
SUBJECT: AS,ENDA ITEM 10.H -REGULAR COMMISSIO MEETING OF MAY 19, 2009
ORDINANCE N0.26-09
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading of an ordinance amending Chapter 71,
"Parking Regulations", to allow the City to add certain casts of collection fees to any unpaid balance
owed the City.
BACKGROUND
At the first reading on May 5, 2449, the Commission passed Ordinance No. 26-49.
RECOMMENDATION
Recommend approval of Ordinance No. 26-49 on second and final reading,
ORDINANCE N0.26-09
AN ORDINANCE OF THE QTY COIt~SSION OF 'I~ 3E CITY OF
DELRAY BEACH, FLORIDA, p~~NDING T~~ CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY .~~NDING
CIHA]PTER 71, "'PP-RKING REGULATIONS", SECTION 71.999,
"PENALTY", SL1BP~-ItAGRAPH {B}, "CIVIL PENALTY" TO ALLOW
THE CITY TO ADD CERTAIN COSTS OF COLLECTION FEES
FROM A REGISTERED COLLECTION AGENCY TO ANY LNI'AID
BALANCE OWED THE CITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, ~~~iD AN EFFECTIVE DATE.
V"JI=IEREAS, Florida Statutes Sec. 938.35 allows for municipalities to pursue the collection of any fines
or costs which remain unpaid for ni~~~ty days through a registered collection agency and mess the collection
fee to the balance owed the municipality; and,
U~ RE AS, the cost savings to the City would be substantial since the violator would now be
responsible for the collection fees instead of the City:
NOW, THEREFORE, BE IT OZ#;DAINED BY TI-3E CITY COI~!MSSION OF T'HE CITY OF
DELS;AY BEACH, FLORIDA:
Section 1. That Chapter 71, "Parking Regulations", Section 71.999, "Penalty', Subsection (B),
"Civil Penalties", of the City's Code of Or~Iinances of the City of Delray Be~:h, Florida, shall hereby be enacted
as follows::
(B} [Civil Penalties.] The civil penalties shall. be set out in the complaint and parking ticket and shall
be in the amount of twentyfive dollars ($25,00} for e<~ch violation of this Chapter, except as otY~erwise set forth
in this Section. An additional. t~n~nt~five dollars {$25.00) civil pe~~alty shall be unposed. unless the amount
designated on the complaint and parkiing ticket is paid within fourteen (14} calendar days from tl,~e date the
complaint arzd parking ticket was affixed to that motor vehicle. Any fees Uahich remain un~raid for 90 days or
said fines in an amount not to exceed forth p~rcent~40°I~ of the amount owed at the time tl~~e account is
referred to the collection agency
Section 2. That all or~iinarices or parts of ordinances in conflict herewith be, and the same are
hereby r~~ealed
;~ tion That this ordinance shall. become effective unrr~diately upon its passage on second
and final reading.
PASSED A1~JD ADOPTED in regular session on second and final. reading on this day of
2oa~.
ATTEST:
City Clerk
Fast Reading_
Second Reading
MAYOR
2 ORD. NO, 26-x9
MEM{)RANDUM
TO: Mayor and City Commissioners
FROM: Catherine M. Kozol, Asst. City Attorney
THROUGH: City Attorney
DATE: April 29, 2009
SUBJECT: A_ar',ENDA ITEM 12.E, - REGULAR. COMM~.SSION MEETING OF MAY S. 2049
QRDINANCE N0.26-09
ITEM BEFORE CC?MNIISSION
This Ordinance would amend Chapter 71, "Parking Regulations, Section 71,999, Penalty, subparagraph
{b) Civil Penalty to allow the City to add certain costs of collection fees to any unpaid balance owed the
City.
BACKGROI.JND
Florida Statute 938.35 allows for municipalities to charge violators any collection fees charged by any
registered collection agency for obtaining payment for any unpaid traffic tickets. We have paid abaut
X20,000 annually for parking ticket callectian fees.
~tECOMMENDATION
The City Attorney's Office recommends approval.