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Ord 36-00ORDINANCE NO. 36-00 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, BY AMENDING SECTION 71.999, "PENALTY", TO REVISE THE FEES CHARGED FOR PARKING VIOLATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the Parking Management Advasory Board rexdewed the fees charged by the C~t3, of Delray Beach for parking vmlanons as set forth at Secuon 71.999, "Penalty", of the Caty Code; and WHEREAS, the Parking Management Advisory Board recommended to the Caty Commission that certain parking violation fees be increased to help cover administrative costs for ticket processing and the need to encourage turnover of spaces m the allotted parking times; and WHEREAS, the Cat3' Commissaon finds it to be m the best interests of the catizens of Delray Beach to enact these revised fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulauons", Section 71.999, "Penalty", of the Code of Ordinances of the Caty of Delray Beach be, and the same as hereby amended to read as follows: Section 71.999 PENALTY. (A) Whoever violates any provision of this chapter for which another penalty is not already otherwise provaded shall be subject to the penalty provismns set forth m Section 70.99. (13) The civil penalties shall be set out m the complaint and parking ucket and shall be m the amount of ~,,_,, $25 for each vmlanon of th~s chapter, except as otherwise set forth in this secuon. An additional e ~.,, $.25 civil penalty shall be imposed unless the amount desxgnated on the complaint and parking ncket xs prod within fvee-~ fourteen (14) calendar days from the date the complaint and parking ticket was affixed to that motor vehicle. (C) The fine for the traffic v~olations of parking too close to an intersection and parking too close to a fire hydrant or m a fire lane shall be m the amount of $30 for each v~olauon. (D) Any person v~olatmg the proxfs~ons of Section 71.028 shall be sublect to a frae of ~e200 $250 as permitted under F.S. Section 316.008(4) and 318.18(7). (E) Parking meters. (1) The vmlation of any prov~smn contained in Sections 71.055 through 71.060 and Secnon 71.062 shall result in the penalties set forth in subsecuon (A) above. (2) Any person violating the provisions of Section 71.061(A), (t3), (C), (G) or (H) shall be subject to a fine under the terms and conditions as set forth m Section 71.999(B) of this chapter. (3) Any person vmlating the promsions of Section 71.061(D) and (E) shall be subject to the provisions of the Florida Criminal M~scluef Statute Section 806.13. (4) Any person violating the proms~ons of Secuon 71.061(F) shall be subject to a fine m the amount of $290 $250 for each molauon. Section 2. That should any section or provision of tins ordinance or any pornon thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invahd, such decasmn shall not affect the vahditT 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 confhct herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effecuve nnmediately upon its passage on second and final reading. the 2nd PASSED AND ADOPTED in regular session on second and final reading on tins __ day of aanuar7 ,2001. ATTEST: C~ty Clerk MAYOR FirstReadmg December 12, 2000 Second Reading January 2, 2001 -2- Ord. No. 36-00 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ~I~ MANAGER AGENDA ITEM 10. ~ - REGULAR MEETING OF JANUARY 2, 2001 ORDINANCE NO. 36-00 (FEES FOR PARKING VIOLATIONS) DECEMBER 28, 2000 This is second reading and a public hearing for Ordinance No. 36-00 which amends Chapter 71, "Parking Regulauons", Section 71.999, "Penalty", of the City Code by revising the fees charged for parking violations. In November, 2000, the Parking Management Advisory Board reviewed the current fee structure and voted to recommend the following changes: Current Proposed Parking tickets (metered & non-metered spaces) $20 $25 Parking ticket late fee Handicapped parking ticket $10 if not paid After 5 calendar days $25 if not paid After 14 calendar days $200 $250 The changes are m line with fees charged by other municipahues. In addition, the Parking Board felt that the fee increase would help to cover admimstrative costs for ucket processing and the need to encourage mover of spaces in the allotted parking times. At fzrst reading on December 12th, the City Commtssion passed the ordinance by unammous vote. Recommend approval of Ordinance No. 36-00 on second and final reading. Ref. Agmemo14.Ord36-00.Fees for Parking V~olanons DELRAY BEACH POLICE DEPARTMENT (Parking Ticket Fee Comparisons) Revenue Source Delray Beach West Palm Boynton Beach Boca Raton Beach PKT OT $20 $20 $25 $25 $30 $20 $25 $25 PKT (Fire lane) (Fire lane, Fire $50 hydrant, (Fire hydrant, Intersection) fire station entrance) PKT $20 (No meters) (No meters) (No meters) (OT Meters) PKT Late Fee $10 $0 $7 $25 Handicap Parking $200 $250 $250 $250 (State Statute) (State Max.) (State Max.) (State Max.) Revenue Source Town of Lake Worth Deerfield Beach Pompano Beach Palm Beach PKT OT $25 $20 $25 $25 PKT (Fire lane, Fire $40 $20 $25 $25 hydrant, Intersection) PKT $20 $20 $25 $25 (OT Meters) After-- After--- After--- After-- 3 days $10 10 days $40 10 days $15 14 days $10 PKT Late Fee 60 days $20 90 days $25 Handicap Parking $250 $200 $250 $250 (State Statute) (State max) 10 days or > (State max) (State max) $4OO DELRAY BEACH POLICE DEPARTMENT (Parking Ticket Fee Comparisons) Revenue Source Miami Beach PKT OT $18 pKT (Fire lane, Fire $28 hydrant, Intersection) PKT $18 (OT Meters) After-- PKT Late Fee 45 days $45 Handicap Parking $103 (State Statute) GRW/grw C '~lyF de~X~rlun~Enfor~m ent~--.om pan ~m doo 2 £1T¥ I)F I)ELI:IR¥ BEI:I£H DELRAY BEACH AII-AmericaCJty 1993 FROM: SUBJECT: 100N.W. lstAVENUE DELRAYBEACH, FLORIDA 33444 MEMORANDUM David T. Harden, City Manager RobertA. Barcinski, Assistant City Manager AGENDA ITEM - CITY COMMISSION MEETING DECEMBER 12, 2000 APPROVAL FIRST READING ORDINANCE #36-00 DATE: December 5, 2000 561/243-7000 Action City Commission is requested to approve on First Reading Ordinance #36-00 amending Section 71.999 "Penalty" revising parking ticket fees. Background At their meeting held on November 27, 2000 the Parking Management Advisory Board unanimously (7-0) voted to amend the parking ticket fees last changed in 1995 as follows: Parking tickets (metered and non metered spaces) Parking ticket late fee Handicapped parking ticket Current Proposed $20 $25 $10 (if not paid) After 5 calendar days $2a0 $25 (if not paid) After 14 calendar days $250 The Board reviewed fees charged in eight (8) other cities. These changes were recommended. Based on this comparison and the Boards concerns to increase fees to help cover administrative costs for ticket processing and the need to encourage turnover af spaces in the allotted parking times. If approved on First Reading a Public Hearing would be held on January 2, 2001. Recommendation Staff recommends approval of Ordinance #36-00 on First Reading. RAB:tas F/le: u..swee ne y/agenda Doc:Approva/ FIrst Reading Parking Ecket Fees THE EFFORT ALWAYS MATTERS A PUBLIC HEARING will be hekl on the ! folowtng pmpe~ o~dtnance at 71~0 p~'n o~ TUESDAY, JANUARY 2, 2001 (or at any continuation of such me~ng * which is Set by the Commission), in 100 N W 1at Avenue, Delmy Beach, Fk, r, da. bawee~ ~e horns of 8'00 a.m and 5130 p m Monday through Riday, ', OIX 'A~. 'DEFINITIONS~, OF THE ~ LAND DEVELOPMENT REGULATIONS OF THE ~ OF ORDINANCES OF REPEALING THE DEFINITION OF 'ALCOHOL AND DRUG ABUSE 'mEATMENT FACILrI~f~ AND ENACT- lNG THE OFI:INmONS OF 'RESiDEN- TIAL ALCOHOL AND DRU~ ABUSE TF~:.ATMENT FACILITY~ AND 'NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITY~ TO CONFORM TO CHANGES IN THE FLORIDA STA'RJES, AMENDING SEC- TION 43 $(D), "ALCOHOL AND DRUG ABUSE TREA'i~IENT FACILI- TIES', OF TH~ LAND DEVELOI~MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DEL- RAY BEACH TO REFLECT CHANGES MADE TO THE DEFINITION OF'ALCO- HOL AND DRUG ABUSE TREATMENT FACILITY". AND TO PROVIDE SPAC- ING REOUIREMENTS BE'PAtEN ~CHOOLS AND OTHER ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES, AMENDING SECTION 446 OF THE LAND D~LOPMEN- TREGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DEL- RAY BEACH TO GPECIFY THAT RESI- DENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILmES ABE A CONDITIONAL USE IN TI.E RM ZONIN~ DISTRICT, AMENDING SEC- TIO~ 449 OF THE LAND DEVI-:LOP- OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SI~-CIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDmONAL USE IN TH~ GC ZON- ING DIb'T~ICT, AMENDING SECTION REGULATIONS OF THE CODE OF ORDINANCES ~ TH~ CITY OF DEL- RAY SEACH TO SPECIFY ~HAT DENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDmONAL USE IN THE C~D ZONING DI~-~RICT, AMENDING SEC- TION 4415 OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE POD ZONING DISTRICT, AMENDING SEC- TION 4417 OF THE LAND DEVELOP- MENT REGULATIONS OF THE C(X)E OF ORDINANCES OF THE CITY OF DELRAY SEACH TO SI~CtFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL ~ IN THE RO ZONING DISTRICT, AMENDING SEC- TION 44 ~'1 OF THE LAND D~LOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OFTHE cn'Y OF DELRAY BEACH TO SPECIFY THAT RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE CF ZON- ING DISTRICT, AMENDING SECTION 44.24 OF THE LAND DEVELOPMFNT REGULATIOINS OF THE CODE OF ORDINANCES OF ~ CrTY OF OFL- RAY BEACH TO SF~:;IFY THAT RESI- DENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES ARE A CONDITIONAL USE IN THE OSSHAD ZONING DIS'II~ICT, AMENDING SEC- TION 4 6 9 OF THE LAND DEVELOP- MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO SPECIFY THE OFF-STREET PARKING REGUIRE- MENTS FOR RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FAClLmES, PROVIDING A SAVING CLAUSE. A GENERAL REPEALER CLAUSE, AND (~N EFIrcCTIVE DATE AN ORDINANCE OF THE CiTY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA. AMENDING CHAP- TER 71, 'PARKING REGULATIONS", OF ~ CODE OF ORDINANCES OF 11~ crPf OF DELRAY BEACH, BY AMENDING SECTION 71 999, 'PENALTY", TO REVISE THE FEES CHARGED FOR PARKING VIOLA- TIONS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE crPf OF DELRAY SEACH A~son MacG~'egor Han'y Publish D~,c~,-,~r 22,