Ord 08-06
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ORDINANCE NO. 8-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, BY AMENDING CHAPTER 71, "PARKING
REGULATIONS", "GENERAL PROVISIONS", AND
ENACTING SECTION 71.006, "SURCHARGE ON PARKING
FINES", TO PROVIDE FOR A SURCHARGE ON PARKING
FINES TO FUND THE SCHOOL CROSSING GUARD
PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City incurs expenses to supply school crossing guards; and
WHEREAS, Florida Statutes ~ 318.21(11)(a) allows a municipality to charge a surcharge on
parking violations to fund a School Crossing Guard Program.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOlLOWS:
Section 1. That Chapter 71, "Parking Regulations", "General Provisions", is hereby
amended by enacting Section 71.006, "Surcharge on Parking Violations" to read as follows:
Sec. 71.006. SURCHARGE ON PARKING FINES.
A five dollar ($5.00) surcharge on each parking fine is hereby imposed for the sole
purpose of funding the Cit;y'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 Ci1;y called the "School Crossing Guard Trust Fund". The surcharge funds collected
shall be distributed q.uarterly 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, clause 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
hereof other than the part declared invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
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~ PASSED AN~.QOPTED in regular session on second and final reading on this
the \~- day of ~~) ,2006.
~l~ 4...
ATTEST:
~ \).\:J~:-J
City Clerk
F~t Reading \" ~
Second Reading :L\ '"'\ \ \0\Jl
2
ORD. NO. 8-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERtfJ11
AGENDA ITEM # '0& - REGULAR MEETING OF FEBRUARY 7. 2006
ORDINANCE NO. 8-06 (AMENDING CHAPTER 71, "PARKING
REGULATIONS", "GENERAL PROVISIONS")
SUBJECT:
DATE:
FEBRUARY 3, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 71,
"Parking Regulations", "General Provisions", of the Code of Ordinances by enacting Section 71.006,
"Surcharge on Parking Fines", to provide for a surcharge on parking fines to fund the School
Crossing Guard Program.
At the first reading on January 17, 2006, the Commission passed Ordinance No. 8-06.
Recommend approval of Ordinance No. 8-06 on second and final reading.
S:\City Clerk\agenda memos Ord S-06 Surcharge Parking Fines 020706
[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
~()() NW 1st AVE;-.JUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: 56 I C.:l.<-7(j<J() . FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7091
DELRAY BEACH
F lOR I D A
It.I.8aII
;"ijii! ~;~E:
MEMORANDUM
January 12, 2006
City Commission
David Harden, City Manager
1993
2001
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Ordinance No. 8-06
Attached please find Ordinance No. 8-06 which enacts Section 71.006 to provide
for a surcharge on parking fines to fund the School Crossing Guard Program.
Please place on the January 17, 2006 City Commission agenda for consideration.
Attachment
cc: Chevelle Nubin, City Clerk
\~A
ORDINANCE NO. 8-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING
CHAPTER 71, "PARKING REGULATIONS", "GENERAL
PROVISIONS", AND ENACTING SECTION 71.006, "SURCHARGE
ON PARKING FINES", TO PROVIDE FOR A SURCHARGE ON
PARKING FINES TO FUND THE SCHOOL CROSSING GUARD
PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City incurs expenses to supply school crossing guards; and
WHEREAS, Florida Statutes 9 318.21 (11 )(a) allows a municipality to charge a surcharge
on parking violations to fund a School Crossing Guard Program.
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", "General Provisions", is hereby
amended by enacting Section 71.006, "Surcharge on Parking Violations" to read as follows:
Sec. 71.006. SURCHARGE ON PARKING FINES.
A five dollar ($5.00) surcharoe on each parkinQ fine is hereby imposed for the sole
purpose of fundinQ the City's School CrossinQ Guard Prooram. which also may be used to
pay for startup costs. recurrinQ administrative costs related to printinq new tickets or other
means of implementino the proqram. The proceeds will be placed in a trust fund
established by the City called the "School CrossinQ Guard Trust Fund". The surcharqe
funds collected shall be distributed Quarterly to fund the School CrossinQ Guard Proqram.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, clause 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 hereof
other than the part declared 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 upon its passage on second and
final reading.
ATTEST:
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2006.
City Clerk
MAYOR
First Reading
Second Reading
2
ORD. NO. 8-06
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Ca1.0 I M(,~Vl-
44 Boca Raton/Delray Beach News - Friday/Saturday, January 27 &28. 2006 . www.boCanews.com
.100
ANNOuNcfMENTS
~I
LEGAL. "OTICES
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A PUBLIC HEARlt;G Wlll !le hell! on !he
fOllowing proposed Oflftnances at 7:00
p.m. on TIJeSDAY. FEBRUARy 7,
2000 or at ""J <:<>rl!inuallon of SUCh
m..unp wt1idl is set Itr 111. Comm".
siCn;, iI1 the City~rn...ntssiO!1 Charr,-
~1~~Ot ~"=lheo.:;~
Commissior. will consider its adop1io".
The proposed <>rdinan.:e may be
1Il5_ allhe Office of Ihe Cit1 CI<A<
at City HaIL 100 N.W. 1st AvenUe. 0,1-
my Beach, Aoi;do, bolween the hOu,"
of B:OO a.m. and 5:00 p.rn.. Mot>!...
!hrOU\lh Friddy, '><CaIlI hoOda-,'S.AJ1
in-_ar....li1e<1'oattc'ld
arldlJel1eanlwilhl1l$pOCtlOiIlepro-
pOsed oc.Jinaf,;..
0RllI_ NO._
AN OROlNANCE ~ THE cln C~-
MIS5J(JI; OF THE OIlY OF DElRAY
BEACH. FLORIDA.. AMENDING THE
COOE Of DRDlNA.'lCES OF THE .CITY
OF DELAAY BEACH, BY AMENDING
CMAPlCR 71. 'PARKlr,G REGUl.A-
~~S;~lifi~~R~c'W:IWtl&:
'SURCHARGE 00 PARKING FINES",
TO PROVIDE FOR A SURCHARGE ON
PARKING f1r,ES TDFUND THE
SCHOOL ClIDSSJNG GUARD P-RQ_
GRAM; PROVIOING A SAVING
CLAUSE. A GENERAl REPEAlER
CLAUSE. AliD AIi EFFECTIVE DATE.
Please be ""&ed thal t a_
dec;<les 10._1 ""J dOcision madil
by 111. CiIy Commission wilt1 r6S/JOCt1O
3P.y ma..'ter considered ltthese hear-
ings, such person may need to ensure
tt... _ r!!CCrditldudes iIle ItS-
tim<>ny llI1d evitIont::e UIIOO ...'hid1 111.
appeal is to bE- based.TI13 City does:
~~~~~ ?! ~5s~h record.
. .J 100] ,
LEGAL NOTICES
CITY Of DELAAY BEACH
Ch......IoD. NUlIin
Cit-iCIer1c
PUBLISH Friday. JaJrual)' 27.2006
BO""" Raton News
J'O #126655