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Ord 26-01ORDINANCE NO. 26-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 71, "PARKING REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.070, "WHEN IMPOUNDMENT AUTHORIZED," BY AMENDING SUBSECTION (E) TO INCLUDE EMERGENCY VEHICLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is concerned that emergency vehicles may be impeded by illegally parked vehicles; and, WHEREAS, the City Commission is dedicated to protecting the health and welfare of its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 71 "Parking Regulations," of the Code of Ordinances of the City of Delray Beach, Florida, Section 71.07, "When Impoundment Authorized," Subsection (E) is hereby amended to read as follows: Section 71.07 When Impoundment Authorized Members of the Police Department are hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety or to a garage designated or maintained by the Police Department or by the City under the following circumstances: (E) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to emergency vehicles or the normal movement of traffic. Section2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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 4. That this ordinance shall become effective immediately upon passage on the second and final reading. on this the P.~kSSED AN,[2, ADOPTED in regular session on second and final reading day of ~ ,2001. MAYOR Acting City Clerk First Reading ~ .~t ~'~/ Second Reading 2 ORD 26-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #/i~.REGULAR MEETING OF APRIL 17, 2001 ORDINANCE NO. 26-01 (PARKING REGULATIONS) DATE: APRIL 13, 2001 This is second reading and public hearing for Ordinance No. 26-01 by amending Chapter 71, "Parking Regulations", of the Code of Ordinances by amending Section 71.070, "When Impoundment Authorized". Authorizing the Police Department to remove a vehicle from a street or highway to the nearest garage or other place of safety or to a garage designated or maintained by the Police Department or by the City under the following circumstances: When a vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to emergency vehicles or the normal movement of traffic. At the first reading Commission approved this ordinance unanimously. Recommend approval of Ordinance No. 26-01 on second and final reading. Ref. Agmemo21 .Ord.26-01Parking Regulatmns. Fmal4-17-01 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #/~,aREG~ MEETING OF APRIL 17~ 2001 ORDINANCE NO. 26-01 (PARKING REGULATIONS) DATE: APRIL 13, 2001 This is second reading and public heating for Ordinance No. 26-01 by amending Chapter 71, "Parking Regulations", of the Code of Ordinances by amending Section 71.070, "When Impoundment Authorized". Authorizing the Police Department to remove a vehicle from a street or highway to the nearest garage or other place of safety or to a garage designated or maintained by the Police Department or by the City under the following circumstances: When a vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to emergency vehicles or the normal movement of traffic. At the first reading Commission approved this ordinance unanimously. Recommend approval of Ordinance No. 26-01 on second and final reading. Ref:Agraemo21 OrcL26-01 Parking Regulataons.FMal4-17-01 £1T¥ DF DELRR¥ BER£H CITY ATTORNEY'S OFFICE 1993 POLICE LEGAL ADI/ISOR 300 W ATLANTIC AVENLIE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815 MEMORANDUM TO: City Commission David Harden, City Manager FROM: Catherine M. Kozol/~/ Police Legal Adviso~ DATE: March 26, 2001 SUBJECT: Parking Regulations Ordinance Attached for your review is the Amended Chapter 71 "Parking Regulations", of the Code of Ordinance. The amendment is to Section 71.070 "When Impoundment Authorized," subsection (E). After a meeting with the DSMG, it was determined that the ordinance be more clearly defined as to allow emergency vehicles the right of access where they may be impeded by illegally parked vehicles. The ordinance will allow for the towing of these illegally parked vehicles to provide for the access of the emergency vehicles. Please place this item on the Consent Agenda for Tuesday, April 3, 2000 City Commission meeting. Once the ordinance has been approved and signed, please forward a copy to me. If you have any questions, please do not hesitate to contact me regarding this matter. CMK:lbg C: Barbara Garito, Acting City Clerk Susan Ruby, City Attorney Attachments ORDINANCE NO. 26-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CHAPTER 71, "PARKING REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 71.070, "WHEN IMPOUNDMENT AUTHORIZED," BY AMENDING SUBSECTION (E) TO INCLUDE EMERGENCY VEHICLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission is concerned that emergency vehicles may be impeded by illegally parked vehicles; and, WHEREAS, the City Commission is dedicated to protecting the health and welfare of its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 71 "Parking Regulations," of the Code of Ordinances of the City of Delray Beach, Florida, Section 71.07, "When Impoundment Authorized," Subsection (E) is hereby amended to read as follows: Section 71.07 When Impoundment Authorized Members of the Police Department are hereby authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety or to a garage designated or maintained by the Police Department or by the City under the following circumstances: (E) When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to emergency vehicles or the normal movement of traffic. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. 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 4. That this ordinance shall become effective immediately upon passage on the second and final reading. on this the PASSED AND ADOPTED in regular session on second and final reading ~ day of ,2001. MAYOR ATTEST: Acting City Clerk First Reading Second Reading 2 ORD 26-01 A I~e~C H~ING w~ M he~ m the lO ~Aoosed ~'(t~lnc~ a~ ?:00 ~~,~mNw ~ ~m, ~ ~h ~ ~OD OF ClaUS ~ER ~ ~ ~G~ATI~ ~ ~P~IES ~O ~BLIC ~ILI~ ~P~IES W~I~ ~ C~ ~Y ~, ~DI~ A G~ ~ REaR C~ A ~1~ ~ ~E C~ ~ ~Y ~R 4. ~ING REGU~TI~". ~ ~ ~D ~L~ REGU~ ~ONS OF ~E CODE OF ORDI- ~S ~ ~E ~ ~ ~Y ~H BY ~ENDING ~ION ~ ~ ~ ~D ~ C~ ~U~ RE~ TO ~ ~RC~ ~, RE~ C~RT~D ~T, ~1~ ~ ~Nm~ ~ ~ ~EM~ SI~ ~D ~C~ S~, PRO~D~ ~R ~R~M~ ~D~G ~RT~ RESTRICTIONS, PROVIDING ~R ~RI~ ~0 RENUM~RI~, ~1~ ~ ~ ~ ~ ~Y ~, ~D~ ~ENDI~ ~TI- 4~ 3, ~ ~IDE~ ~ ~CIFIC U~S" OF ~E ~D ~LO~ REGU~TIONS ~ ~ ~ ~Y ~H, F~RID~ ~ RE--lNG SUBSE~ION (I), ~S~R HOMES ~D GROUP ~S", ~D E~ING A N~ ~ H~ES AND GROUP ~, ~ ~0~ ~R ~G~- ~ ~ GROUP ~ES ~D C~ MUNI~ RESIDE~I~ ~MBS, ~DI~ ~CTI~ 44 1, '~RI- ~D S~TURES ~RMI~ED", ~DI~ ~ 4 4 2, ~ECTI~ 4 4 2(B), ~S ~D ~S ~R~- ~CTON 4 4 5. 'LOW DENSITY RESI- DENTIN. (RI.) D~STRICT. SUBSEC- TION 4 4 5(B), PRINCIPAL USES AND STRUCTURES PERMITTED", SUB- ~cCTION 445(D). "CONDITIONAL USES AND STR~ ALLOWED", AMENOING SECTlON 4 4 6, "MEDIUM OENSiTY RESIDENTIAL (RM) TRICT". SUBSECTION 4 4 'PRINCIPAL USES AND STRUC- TURES PERMITrED. SUBSECTION 446(D), 'CONDmONAL USES AND ~G SEC~ON 449, ~3ENERAL COM- MERCIAL {GC) DISTRICT". SUBSEC- TION 449(B), 'PRINCIPAL USES AND STRUCTURES PERMITTEO, SUBSEC11ON 449(D). q~NDmOfl- AL USES AND STRUCTURES ALLOWED", BY AMt~IDING SECTON 4413. ~ENTRAL BUSINESS (CBD) D~STRICT.' SUbsECTION 4413(0) 'IX)NDmONAL USES AND STRUC- TURES ALLOWED', AMENDING SEC~ ~110~-4417, ~IESIDENTIAL OFFICE  R40) DISTRICT,' SUBSECTION 17(8) .PRINCIPAL USES AND STRUCTURES PERMITTED". SU~ SECTION 44 17{C). 'ACSESSOR¥ USES AND STRUCTUFES ~ERM~- TED", SUBSECTION 4 417(D), 'CON- DI~ONAL USES AND STRUCTURES ALLOWEO", ANIENOING SECTION 4 421, "COMML~JrrY FADIUTIES (C~) OJSTRICT", SUBSECTION 4421 (S), 'PRINCIPAL USES AND STRUC- TURES N.LOWED', SUbsECTION 4 421(D), "CONDITIONAL USES AND I~G SECTION 4424, "OLD SCHOOL- SQU/~E HISTORIC ARTS OISTRICT (OSSHN)). SUBSECTION 4 4.24(B), 'PRINCIPAL US~S AND STRUC- TURES", SUBSECTION 4 4 24(D), 'ODNDmOflAL USES AND STRUC- 3IJREG ALLOWED" TO PROVISE FOR TH~ REGULA3~ON OF GROUP HOMES AND COMMUNITY RESIDENTIAL HOMES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING ~t.,UJSE, AND AN ER=ECTNE D~'r£ AN ORDtNA~K;Z OF 'n.E CfTY COM~ MJSSION OF ~ CITY OF D~LDAY BF_.~CH, FLORIDA, N~ENDING LAND DEVELOPMENT REGULATIONS OF ~IE CODE OF OflDtNANCES OF DA BY AMENOING APPENDIX 'A", 'DEFINITIONS', TO Q..ARIFY DEFINITION OF 'GROUND FLOOR BUILDING AREA', PROVIDING A GENERAL REPEN..ER CLAUSE, A SA'~NG CLAUSe, ARO ~ ~FF£-CTN~ AN ORDINANCE OF ~ CITY COM- BEACH, FLORIDA AMEM)tNG Ct~P- ~ 71, 'PARKING REGULATIONS,' OF ~ CODE OF ORDINANCES OF CLAUSE, A GENERAL REPF. A~R CLAUSE, ANO AR ER:EC~TNE DATE OR~ #0. 27-~1 AN ORDINARCE OF 1HE CITY ODM' MISSION OF ~ CJTY OF DELRAY BEACH. FLORIDA, ADOPTING COM- ,'PREHENSIV[ PLAN AMENDMENT 2D81-~31 PURSUN~ TO TRE PROVI- SIONS OF THE 'LOCAL GOVERN- AND LAND DEVELOPMENT REGULA- ~ AC~, FLORIDA STATUTES SEC- TION 1633161 1HROUGH 1633243, LARLY DESCRIBED IN EXHIBIT 'A" ENTITLED ~OMPR~'IENSIVE PLAN AMENDMENT 2001~1"/eld INODR- PORATED HEREIN BY REFERENCE, PROVIDING A SAVING Q.AUSE, A ' AN BR:EC'P~,~ DA'TF- decks ~o appM an~ dec~m made In~s, such pes~ may m~ m ~- that a ~*l~atim record Inctu~s b~e t~- mant to F S 286.01~5.