Ord 42-09AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CI-IAPTER 71,
"PAR;.KING REGLiLATIONS", SECTION 71.006, "SURCHARGE ON
PARING FINES"; TO PROVIDE FOR AN INCREASE IN THE
SURCHARGE ON PARKING FINES TO FUND THE SCHOOL
CROSSING GUARD PROGRAM; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes ~318.21(11)(a} a]lows a municipality to impose a surcharge on
parking fines for the sole purpose of funding school crossing guard programs; and
WHEII:EAS, an increase in the parking fine surcharge will supplement the crossing guard
program, thereby helping reduce the continued deficits; and
WHEREAS, the school crossing guard program is a significant asset to the community in
protecting the welfare of our children.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS;
Section 1. That Chapter 71, "Parking Regulations", Section 71.006, "Surcharge on Parking
Fines", of the Cade of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows;
A ~i~e-de~'rar•-{~~i:88} ten dollar ($10.00 surcharge on each parking fine is hereby imposed for
the sole purpose of funding the City's school crossing guard program, which also may be used to pay
for startup costs, recurring administrative costs related to printing new tickets or other means of
implementing the program. The proceeds wi11 be placed in a trust fund established by the City called
the "School Crossing Guard Trust Fund". The surcharge funds collected shall be distributed quarterly
to fund the school crossing guard program.
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are hereby repealed.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.
~A~SSED AID ADOPTED in regular session an second and Final reading an this the
day of ~1~~~~ , 2009. ~"`~
ATTEST
URD NQ. 42-09
Page 1 of 1
MEMt)RANDUM
TO; Mayor and City Connnissianers
FRAM: David T. Harden, City Manager
DATE: August 26, 2009
SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING flF SEPTEMBER 10 2009
ORDINANCE N0.42-09
ITEM BEFORE COMMISSION
This ordinance is before Comrission for second reading to consider acity-initiated amendment to
Chapter 71, "Parking Regulations", Section 71.006, "Surcharge on Parking Fines"; to provide for an
increase in the surcharge on parking fines to fund the school crossing guard program.
BACKGROUND
At the first reading on August 18, 2009, the Commission passed Ordinance No. 42-49.
RECOMMENDATION
Recommend approval of Ordinance No. 42-09 on second and final reading.
http://miweb001 /AgendaslBluesheet.aspx?ItemID=2522&MeetingID=217 9!1012009
ORDINANCE N0.42-09
AN ORDINANCE OF THE CITY COR~1NffSSION OF TIC QTY OF
DELRAY BEACH, FLORIDA, t?-MENDING CHAPTER 71,
"P~!-RKING REG.IL,ATIONS", SECTION 71.006, "SURC~I~AI2GE ON
PARKING FINES"; TO PROVIDE FOR AN INCREASE IN THE
SURCHARGE ON PARKING FINES TO FUND THE SCHOOL
CROSSING GUARD PROGRAN1i PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
~'dI-IEREAS, Florida Statutes ~18.21(11)(a) allows a mamicipality to impose a surcharge on
parking fines for the sale purpose of f~.~~cling school cros:~ng ~ program; and
"~~REA~S, an increase in the parking fine surcharge vain dement the Gros,~ing guard
program, thereby helg.'~ng nee the continued deficits; and
WI-IEREAS, the school crossing guard program is a significant asset to the community in
protecting the ~lfare of our children.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COZ~~INIISSION OF THE CITY
OF DELRAY BEACH, FLORIDI~ AS FOLLOWS:
Section 1. That Chapter 71, "Parking Re;~.ilations", Section 71.006, "Surcha~:ge on Parking
Fines", of the Code of Or~~inances of the City of Delray Beach, Florida, be and the same is hereby
amended. to read as follows:
A ~.~~far--~~:88} ten dollar (~10,00~ surcharge an each parking fine is hereby imposed for
the sole purpose of fianuling the Cit3/s s~:lYOal Gros~~ing guard program, vahich also maybe used to pay
far startup casts, recurring administrative costs related to printing new tickets or other rr~ans of
implenn~.ting the program The proceeds vain be placed in a trust fiend established by the City called
the "School Cros:;ing Guard Trezst Fund". The surcharge funds collected shall be distributed quarterly
to fund the s+;.hool Grassing guard program
Section 2. That should any section ar provision of this ar<~ir~ance ar any portion thex~af, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, s~ueh
decision shall not affect the validity of the renrr~ainclex hereof as a valwle or part thereof atlter than the
part declared. to be invalid
S~tion 3. That all arclinances ar parts of ordinances in conflict herewith be, and the sarr~e
are hereby repealed
Section 4. That this an~nance shall became effective immediately upon its passage on
second and final r~~tcfing
PASSED ~~TID ADOPTED in rf~g,~lar session on second and final r~~~ding on tills the
day of 2019.
ATTEST
City Clerk
First Reading
Second l:~:eacling
MAYOR
oRO rva. ~z-os
Page 1 of 2
MEMC}RANDUM
TO: Mayor and City Commissioners
FROM: Catherine M. Rozol, Asst. City AttorneylPolice Legal Advisor
THROUGH: City Attorney
DATE: August 13, 2009
SUBJECT: AGENDA ITEM I2.A. -REGULAR COMMISSION MEETING (JF AUGUST 18.2009
QRDINANCE 42-09
ITEM BEFORE COMMISSION
This is an ordinance amending Chapter 71 of the Code of Ordinances, "Parking Regulations", Section
71.006. "Surcharge on Parking Fines", to provide for an increase in the surcharge on parking fines to
fund the School Crossing Guard Program.
BACKGROUND
This ordinance will increase the surcharge on parking fines from $5.00 to $10.00. The increase in this
surcharge will generate an additional revenue of approximately $30,000.00 to the City far the School.
Crossing Guard Program.
RECOMMENDATION
The City Attorney's Office recommends approval of Ordinance 42-09.
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