Res 42-09ORDINANCE NO. 42 -09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING 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; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes §318.21(11)(a) allows a municipality to impose a surcharge on
parking fines for the sole purpose of funding school crossing guard programs; and
WHEREAS, 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 Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
A five dollar ($5.00) 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 will 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are hereby repealed.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.
SSED AND ADOPTED in regular session on second and final reading on this the
.2009. x
ATTEST
V�,� I -
City Clerk
First Reading-
Second Reading
MAYOR
2 ORD NO. 42 -09
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: August 26, 2009
SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 109 2009
ORDINANCE NO. 42-09
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city- 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 -09.
RECOMMENDATION
Recommend approval of Ordinance No. 42 -09 on second and final reading.
http:// miweb001 /Agendas/Bluesheet.aspx ?ItemID= 2522 &MeetinglD =217 9/10/2009
ORDINANCE NO. 42-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING 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; PROVIDING A SAVING CLAUSE,
A GENERAL RE PE ALE R CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Florida Statutes §318.21(11) (a) allows a municipality to impose a surcharge on
parking fines for the sole purpose of funding school crossing guard programs; and
WHEREAS, 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 Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
A 9) ten dollar ($1000) 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 will 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
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2009.
ATTEST
City Clerk
First Reams
Second
MAYOR
ORD NO. 42 -09
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Catherine M. Kozol, Asst. City Attorney /Police Legal Advisor
THROUGH: City Attorney
DATE: August 13, 2009
SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF AUGUST 18, 2009
ORDINANCE 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 for the School
Crossing Guard Program.
RECOMMENDATION
The City Attorney's Office recommends approval of Ordinance 42 -09.
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