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62-85 ORDINANCE NO. 62-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 26, 'TRAFFIC", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE II, ~STOPPING, STANDING AND PARKING~, DIVISION 3.5, "PARKING METER ZONES", SECTION 26-29, "VIOLATIONS', BY ADDING A NEW SUBPARAGRAPH (f), TO ESTABLISH THAT IT SHALL BE UNLAWFUL AND A VIOLATION FOR ANY PERSON TO PARK A VEHICLE IN A PARKING SPACE DESIGNATED FOR HANDICAPPED PARKING WITHOUT DISPLAYING A VALID PERMIT FOR HANDICAPPED PARKING; BY AMENDING SECTION 26-71, "PENALTIES", TO PROVIDE A FIVE DOLLAR PENALTY FOR PERSONS WHO PARK THEIR VEHICLE ACROSS ANY LINE OR MARKING OF A PARKING METER SPACE OR IN SUCH POSITION THAT THE VEHICLE SHALL NOT BE ENTIRELY WITHIN THE DESIGNATED AREA, TO PROVIDE A TEN DOLLAR PENALTY FOR CERTAIN PARKING VIOLATIONS, TO PROVIDE A PENALTY OF NOT LESS THAN TWO HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS FOR PERSONS WHO DEPOSIT ANY SLUGS, DEVICE OR METAL SUBSTANCE, OR OTHER SUBSTITUTE FOR LAWFUL COINS IN ANY PARKING METER, AND ADDING A NEW SUBSECTION (C) TO PROVIDE A FIFTY DOLLAR FINE FOR THE FIRST VIOLATION, A SEVENTY-FIVE DOLLAR FINE FOR THE SECOND VIOLATION, AND A ONE HUNDRED DOLLAR: FINE OR THE MAXIMUM AMOUNT ALLOWED BY LAW FOR THE THIRD OR MORE VIOLATION FOR ANY PERSON PARKING A VEHICLE IN A PARKING SPACE DESIGNATED FOR HANDICAPPED PARKING; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 26-69, "Violations", of the Code of Ordinances of the City of Delray Beach, Florida, is and the same shall be amended to read as follows: Sec. 26-69. Violations. It shall be unlawful and a violation of the provisions of this division for any person to: (a) Cause, allow, permit or suffer any vehicle registered in his name to be parked overtime; (b) Cause, allow, permit or suffer any vehicle registered in his name to remain or be placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space; (c) Cause, allow, permit or suffer any vehicle registered in his name to be parked across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings; (d) Deface, injure, tamper with, open, break, destroy or impair the usefulness of any parking meter installed under the provisions of this division; (e) Deposit or cause to be deposited in any parking meter any slugs, device or metal substance, or other substitute for lawful coins_; Anyperson who parks a.vehicle .in any. parking s~.ace designated as a handi- capped parking space w~thout displaying a permit fgr handicapped parking which has been issued by a ~overnmental agency having the authority to issue such ]~ermit. Section 2. That Section 26-71, "Penalties", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 26-71. Penalties. (a) Any person violating the provisions of subsection 26-69 (a), or tl~) (c) shall be subject to a fine under the terms and conditions as set forth in ~ections 26---~ through 26-86 of this chapter; any person in violation of Section 26-69(b) shall be subject to a fine in amount of ten dollars ($10.00). (b) Any person violating the provisions of subsection 26-69(d) and (e) shall be subject to a fine in an amount not less than two hundred dollars ($200.00) &~id not more than one thousand dollars ($1,000.00). (c) Any person violating the provisions of subsection 26-69(f) shall be subject to a fine in an amount not less than fifty dollars ($'50.00) for the first violation; a fine in the amount of not less than seventy-five dollars ($75[00) for the second violation; and a fine in the amount of not less than one l~undred dollars ($100.00) or the maximum penalty permitted by law for the third or more violation. te) (d) The violation of any other provision contained within sections 26-63 through 2b~ shall result in the penalties provided in section 1-6 of this Code. 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 ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of June , 19 85 · MAYOR / ' ~ ATTEST: First Reading June 11, 1985 Second Reading June 25t 1985 2 ORD. NO. 62°85