Ord No. 07-18 - - -- _ --
_ .. ---- ---
1 ORDINANCE NO. 07-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES CHAPTER 71, "PARING REGULATIONS", BY
AMENDING SECTION 71.005, "ENFORCEMENT BY POLICE
DEPARTMENT" TO ALLOW ENFORCEMENT BY DESIGNEE; BY
AMENDING SECTION 71.018, "PARKING IN ALLEYS" AND
SECTION 71.025, "OBSTRUCTION OF TRAFFIC" TO INCREASE
AVAILABLE WIDTH FROM TEN FEET TO TWELVE FEET; BY
AMENDING SECTION 71.024, "ALL-NIGHT PARKING" TO
PROHIBIT ALL-NIGHT PARKING IN CITY GARAGES AND
PARKING LOTS; BY AMENDING SECTION 71.022, "PARKING
PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS"
AND "SECTION 71.023, "LIMITING PARKING TIME ON CERTAIN
STREETS" TO ALLOW TIMES TO BE SET BY RESOLUTION;
AMENDING SUBCHAPTER "PARKING METERS" BY AMENDING
SECTION 71.055, "DEFINITIONS", SECTION 71.056,
"DESIGNATION OF SPACES; INSTAI.I.ATION OF METERS",
SECTION 71.057, "OPERATION OF PARKING METERS", AND
SECTION 71.058, "COST OF PARING OR STANDING VEHICLE IN
CERTAIN METERED SPACES" TO PROVIDE FOR THE USE OF
PARKING METER TECHNOLOGY AND TO ALLOW TIMES AND
FEES TO BE SET BY RESOLUTION; BY AMENDING SECTION
71.060, "PARKING METER PERMITS" TO PROVIDE FOR
EMPLOYEE PARKING PERMITS; BY REPEALING SECTION 71.063.
"LIMITED TIME PARKING ZONES" AND SECTION 71.064
"PARKING METER ZONES" TO MAKE CONSISTENT WITH
AFOREMENTIONED CHANGES; BY AMENDING SECTION 71.091,
"LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS"
TO ALLOW THE CITY TO PROVIDE NOTIFICATIONS FOR
UNPAID PARKING VIOLATIONS;BY AMENDING SECTION 71.999,
"PENALTY"TO ALLOW PENALTIES TO BE SET BY RESOLUTION;
i REPEALING CHAPTER 73 IN ITS ENTIRETY; AMENDING
SUBCHAPTER "IMPOUNDMENT" BY AMENDING SECTIONS
71.070 THROUGH 71.073 TO RELOCATE IMPOUNDMENT
REGULATIONS FROM CHAPTER 73; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WHEREAS, the City Commission of the City of Delray Beach desires to expand the City's paid parking
program to better utilize the City's parking inventory and to use revenues derived from all parking fees to fund
improvements in parking facilities and related infrastructure and such other uses as may be authorized by the
City Commission; and
WHEREAS, pursuant to Section 71.002 of the City's Code of Ordinances, the regulation of parking is
deemed to be an exercise of the police powers of the City of Delray Beach for the preservation and protection
of public safety;and
WHEREAS, in 2010, the City retained Kimley-Horne and Associates, Inc. to evaluate the existing
parking supply and operations and transportation program within the downtown study area and identify strategies
to efficiently manage and offset the City's expenditures for parking and transportation services;and
WHEREAS,this study recommended that the City consider increasing the amount of paid public parking
spaces to generate additional revenue for the City in order to fund improvements to parking-related facilities and
programs;and
WHEREAS, this study recommended that the City manage parking supply and demand by adopting
policies,guidelines and restrictions that encourage short-term parking with higher vehicle turnover in convenient
on-street parking spaces and longer-term parking by employees and visitors who wish to spend longer hours
within downtown at the City-owned parking lots; and
WHEREAS, in 2016, Kimley-Horne performed an additional study, which continued to support the
need for the City to create a parking and transportation program in order to help fund improvements to parking-
related facilities and programs; and
WHEREAS, the City Commission finds that adjusting the parking rates and permit fees to promote
increased use of all City parking facilities and resources will distribute the parking load more evenly between
residents and visitors,and maximize the utility and use of all City parking facilities and resources,thereby making
parking easier, reducing traffic hazards and congestion, and promoting the public convenience, safety, and
welfare; and
WHEREAS, the City Commission finds that the implementation of time-limited parking zones,parking
meter zones, and the parking fee structure by resolution gives the City the flexibility required to successfully
expand the City's parking program;and
WHEREAS, the City Commission finds that the use of parking meter technology, which enables
convenient payment of parking rates, and the use of private company for parking enforcement services, which
makes it easier for the City to enforce its regulations and collect parking fines, will assist the City in managing
the parking supply and demand within the City; and
WHEREAS, the City Commission finds it to be in the best interests of the City to expand the paid
parking program in the City and to use the additional parking revenue generated for funding improvements to
parking facilities and related infrastructure; and
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ORD NO. 07-18
WHEREAS, the City Commission has determined that the adoption of this ordinance in the best
interests of the health, safety, and welfare of the citizens and the public at-large; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 71, "Parking Regulations", Subchapter "General Provisions", Section
71.005, "Enforcement by Police Department", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended to read as follows:
Sec. 71.005. —ENFORCEMENT BY POLICE DEPARTMENT.
It shall be the duty of the Police Department or its designee to enforce all the provisions of this
Chapter.
Section 3. That Chapter 71, "Parking Regulations",Section 71.018,"Parking in Alleys", of the Code
of Ordinances of the City of Delray Beach, Florida,is hereby amended to read as follows:
Sec. 71.018. - PARKING IN ALLEYS.
No person shall park a vehicle within an alley in a manner or under those conditions as to leave
available less than 0)twelve 12 feet of the width of the roadway for the free movement of vehicular
traffic. No person shall stop, stand or park a vehicle within an alley in a position as to block the driveway
entrance to any abutting property,except for the purpose of unloading freight for a period of time which
shall not exceed fifteen (15) minutes.
Section 4. That Chapter 71, "Parking Regulations", Section 71.022, "Parking Prohibited During
Certain Hours on Certain Streets", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Sec. 71.022. - PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN
STREETS.
(A) When signs are erected in each block giving notice thereof, no person shall park, stand,
or stop a vehicle between the hours specified on the _sign.
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ORD NO. 07-18
(4�B) When signs are erected designating parking spaces to be used as a valet parking queue, no
person shall park a vehicle in said spaces between the hours specified on the sign. All vehicles shall be
removed fiom the designated valet parking queues in accordance with the time limits provided on the
signs.
(DQ The City shall have the authority to either issue a parking ticket or remove the vehicle for
violating subsection ((�B).
Section 5. That Chapter 71, "Parking Regulations", Section 71.023, "Limiting Parking Time on
Certain Streets", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Sec. 71.023. -LIMITING PARKING TIME ON CERTAIN STREETS.
kWhen sig-as are ei-eeted !RE)--ee diei!eef, fie pei!saia shall stop, pai�k oi! stand a vehiele fe
ii!s so stated by the signs aft
anrday, eNeept Suiidays a-ad full legal holidays,within the Gity.
(A) The City is hereby authorized to establish by resolution time-limited parking zones which
limit the maximum time a vehicle can park in certain areas within the City. These zones maybe
subsequently amended by the Citv Manager,who may invite comments and recommendations from the
Parking Management Advisory Board (PAIAB) and the Delray Beach Downtown Development
Authorit�(DDA�before making any amendments thereto.
(B) Each time-limited parking zone shallprovide signage to notify drivers of the maximum
amount of time a vehicle can park in that zone.
(C) Nothing in this section shall be construed as prohibiting the C4 Manager or his or her
designee from temporarily restricting parking in these zones or allowing parking in excess of the
designated maximum time limit based on special circumstances including but not limited to emergencies
special events, construction, change in building uses and actual usage of parking spaces in the zones.
(D) No person shall move and rQark a vehicle on either side of a street within the same block
in order to avoid exceeding the time limits specified for either side of the street in that particular block.
Section 6. That Chapter 71, "Parking Regulations", Section 71.024, "All-Night Parking", of the
Code of Ordinances of the City of Delray Beach, Florida,is hereby amended to read as follows:
Sec. 71.024. -ALL-NIGHT PARKING.
Only persons on emergency calls shall park a vehicle on any street marked to prohibit all-night parking
for a period of time longer than one hour between the hours of 1:00 a.m. and
7:00 a.m. of any day, or as otherwise posted by the Police Department.
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All-night and overnight parking in the City's parkingtgarages or in the CitP's surface parking lots shall
be prohibited.
Section 7. That Chapter 71, "Parking Regulations",Section 71.025, "Obstruction of Traffic", of the
Code of Ordinances of the City of Delray Beach, Florida,is hereby amended to read as follows:
Sec. 71.025. - OBSTRUCTION OF TRAFFIC.
No person shall park any vehicle upon a street in a manner or under conditions as to leave
available less than ten(10)twelve 12 feet of width of the roadway for free movement of vehicular traffic.
Where streets are not completely paved or curbs provided, the parking of a car shall be in a manner as
not to obstruct the free movement of traffic.
Section 8. That Chapter 71, "Parking Regulations", Subchapter "Parking Meters", Section 71.055,
"Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Sec. 71.055. - DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Multispace parking meter. Any mechanical device or meter placed or erected for the regulation of
more than one parking space.
Multispace parking meter hones. Any space or group of spaces controlled by a single multispace
parking meter. Spaces shall be numbered so as to allow users to identify the appropriate space number
in order to pay the appropriate fees to park in said spaces.
Parking meter. Any mechanical device or meter placed or
erected for the regulation of parking by authority of this subchapter.
iiidieate by pi!epe:e legeiad the legal paiking dine established by the Gity a�ad wheia epei!ated shall at aH
oi!evei! ae pa-r�-g.
Parking meter.!pace. Any space within a parking meter zone adjacent to a parking meter and which
is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the
curb or on the surface of the street adjacent to or adjoining the parking meters or which is in an area
clearl marked by signs indicating the space is in a parking meter zone and indicating that payment may
be made by the use of parking meter technology.
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_.-
Parking meter technology, Any technoloa that allows payment for parking in parking meter zones
without the use of mechanical parking meters including but not limited to telephone, smartphone
aVplications website, single or multi space meters or any other technology as deemed appropriate by
City to pay for parking. Parking meter technology may utilize parking space numbers, license plates
sticker numbers or any other means designated by the specific parking meter technology to process
parking payment.
1
Parking meter.Zone.Any area designnated by resolution as a parking meter zone.
Section 9. That Chapter 71, "Parking Regulations", Subchapter "Parking Meters", Section 71.056,
"Designation of Spaces;Installation of Meters" of the Code of Ordinances of the City of Delray Beach,Florida,
is hereby amended to read as follows:
Sec. 71.056, - DESIGNA WN OF SPACES PARKING METER ZONES; INSTALLATION
OF METERS.
j , established;
with appheable City oi!dinaiaees.
The City is hereby authorized to establish by resolution certain sections of the City 12 blic
right of way to be designated as parking meter zones These zones may be subsequently be amended by
the City Manager who may invite comments and recommendations from the Parking Management
Advisory Board (PMAB) and the Delray Beach Downtown Development Authority (DDA) before
making any amendments thereto.
B The Citv is hereby authorized to installor have installed parking meters for the parking
spaces in parking meter zones.
4Q Each parking meter zone shall provide signage to notify drivers of the required payment
for that parking meter zone and the maximum length of allowable parking time.
D Each parking meter installed in a parking meter zone shall indicate by proper legend the
legal parking time established by the City, and when operated shall at all times indicate the balance of
leg,al parking time and at the expiration of the period shall indicate illegal or overtime parking.
E For anyparking space in a parking meter zone for which no meter is installed adjacent to
the space, the City shall install signage in the area and visible from the space indicating that payment of
the parking meter rates for that space shall be made by using parking meter technology, and indicating
the procedure for using said technology.
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ORD NO. 07-18
(F When parking meter technology is in use, it shall notify the user and the parking
enforcement officer of the legal parking time for which payment has been made and the balance of legal
parking time.
4 Nothing in this section shall be construed as prohibiting the City Manager or his or her
designee from temporarily restricting parking or allowing parking at no charge at spaces within parking
meter zones based on special circumstances, including but not limited to emergencies, special events
construction change in building uses,and actual usage of parking spaces in the zones.
No person shallmove and rWark a vehicle on either side of a street within the same block
in order to avoid exceeding the parking meter time limits specified for either side of the street in that
particular block.
Section 10. That Chapter 71, "Parking Regulations", Subchapter "Parking Meters", Section 71.057,
"Operation of Parking Meters", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Sec. 71.057. - OPERATION OF PARKING METERS.
(A)
e1 sig}3aL5 en any vehicle shall be is parked in any parking space in a in meter zone when
payment is required , the operator of this vehicle
shall, upon entering the parking meter space, tray the parking meter rate by using either the meter or
parking meter technology.
,(i) If payment is made using the meter, the operator shall immediately deposit or
cause to be deposited in the meter the proper coin of the United States as is
required for the parking meter and as is designated by proper directions on the
meter, and when required by the directions on the meter, the operator of the
vehicle, after the deposit of the proper coin or coins, shall also set in operation
the timing mechanism on the meter in accordance with directions properly
appearing thereon, and failure to deposit the proper coin, and to set the timing
mechanism in operation when so required, shall constitute a violation of this
subchapter.
If payment is made using parking meter technologv, the operator shall follow the
directions posted for the use of such technology.
(B) Upon
so i!equ�red),payment of the parking meter rate,the parking space may be lawfully occupied by the vehicle
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ORD NO. 07-18
- .... -- -- -
during the period of time which has been prescribed for the part of the street in which the parking space
is located,provided that any person placing a vehicle in a parking meter space adjacent to a meter which
indicates that unused time has been left in the meter by the previous occupant of the space shall not be
required to deposit a coin so long as his occupancy of the space does not exceed the indicated unused
parking time.
(C) If the vehicle shall remain parked in any parking space beyond the parking time limit set
for that parking space, and if the meter or parking meter technology shall indicate illegal parking, then,
and in that event, the vehicle shall be considered as parking overtime and beyond the period of legal
parking time, and parking shall be deemed a violation of this subchapter.
Section 11. That Chapter 71, "Parking Regulations", Subchapter "Parking Meters", Section 71.058,
"Cost of Parking or Standing Vehicle in Certain Metered Spaces", of the Code of Ordinances of the City of
Delray Beach, Florida,is hereby amended to read as follows:
Sec. 71.058. - COST OF PARKING OR STANDING VEHICLE IN CERTAIN METERED
SPACES.
ffr
The cost of parking or standing a vehicle in a parking meter space located in a parking meter zone
E
shall be established by resolution of the City Commission and may be subsequently amended from time
to time by Ci , Manager.Any future amendments made by the Ci Manager shall be based upon the
demand for all publicly-owned parking spaces and shall not exceed a cost of three dollars ($3.00) :p
hour for on-street parking meter spaces.
Park, >
9
east of the la"aeeasfal Watei!way shall be eiae dollar- &ad fifty eeiats ($1.50) per
J
Section 12. That Chapter 71, "Parking Regulations", Subchapter "Parking Meters", Section 71.060,
"Parking Meter Permits", of the Code of Ordinances of the City of Delray Beach,Florida,is hereby amended to
read as follows:
Sec. 71.060. - PARKING METER PERMITS.
(A) A&y person may purchase a "beach parking permit" ffiffy be pttrehased fiein the Qty,
in accordance with and subject to the administrative rules and regulations promulgated by the City.by-all
peizsoias whi A beach parking permit shall authorize the operator to park p*Aiing-4 the vehicle for
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ORD NO. 07-18
which the permit was acquired in any designated permit-only parking space and in any parking meter
space located within Anchor Park, Sandoway Park, Orange Grove Lot, Atlantic Dunes, and Ingraham
Avenue parking lots without requiring payment of the parking meter rate.
taxes.
(4�B) Any person aged sixty-two-two 62)and over may purchase a A"senior beach aL_L_ permit",
in accordance with and subject to the administrative rules and regulations promulgated by th_�City.
whie A senior beach a� rking
permit shall authorize the operator to park p r3' e€the vehicle in the parking areas designated for a
"beach parking permit" and in any parallel parking
space on Ocean Boulevard (State Road A-1-A) without requiring the payment of parking meter rate.
( Q
appheable -Anyperson who is employed b, an approved City employ emypurchase an"employee
parking permit" in accordance with and subject to the administrative rules and regulations promulgated
by the City. An employee parking permit shall authorize the operator of the vehicle to park in the Old
School Square Garage without requiring the payment of the parking meter rate.
{E-D) The fee for obtaining the parking permits described in this section shall be established by
resolution of the City Commission, and may be subsequently amended by the City Manager.
(E) Each permit shall cover the an annual period from October 1 through September 30.
EF,�6ve After April 1st each year,�&�i!a6eja e the permit fee shall be prorated to fifty percent 50%) of
the annual rate, ,
plus applicable taxes. The app1ieafi__._.
t-e
oth vehiele However,
Section 13. That Chapter 71, "Parking Regulations", Subchapter "Parking Meters", Section 71.063,
"Limited Time Parking Zones", of the Code of Ordinances of the City of Delray Beach, Florida, is repealed in
its entirety:
91 1112 TTA TT T IED TIME f U T7 A[D TITRTF_-7 CINTIQ C
9
ORD NO. 07-18
of the
( zenes ha exeessposted r
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(1\ e sips
Z7 ,-te bJT (�the .LV V t f t step, N 7Of + ,]
i'1V11..L� V
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vehiele fei!lofiger than the ti±ne desig�aated by the sig-as at, tifne betweeia those ketws so State
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by the signs Oil al:fy day, exeept Sundays ) New eats ) )
Ghiisttnas
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(2) TE) ea-use, allow,pe±�7 , ei!suffiei!afty vehiele t-egistei!ed in the name of that pet-soia
Section 14. That Chapter 71, "Parking Regulations", Subchapter "Parking Meters", Section 71.064,
"Parking Meter Zones", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed in
its entirety:
See —4. PAR-KING METERZON
r
i!ea desigaated to be
r
i
I;
T9 )
Section 15. That Chapter 71,"Parking Regulations",Subchapter"Impoundment Procedure",Section
71.070, "Reserved", of the Code of Ordinances of the City of Delray Beach, Florida,is hereby amended to read
as follows:
Sec. 71.070. >m>ETc�,���T�: WHEN IMPOUNDMENT AUTHORIZED FOR
UNATTENDED/ABANDONED VEHICLES.
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ORD NO. 07-18
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:
(A) When any vehicle is left unattended upon any bridge,viaduct, causeway or tunnel,where
such vehicle constitutes an obstruction to traffic.
(B) When a vehicle upon a street is so disabled as to constitute an obstruction to traffic or
the person in charge of the vehicle is, by reason of physical injury, incapacitated to such an extent as to
be unable to provide for its custody and removal.
(C) When any vehicle is parked continuously upon a street for more than seven -two 72
hours,prior to removal,procedures must be followed in accordance with Section 90.02(L3).
(D) When any vehicle is left unattended upon a street and is so parked illegally as to constitute
a definite hazard or obstruction to the normal movement of traffic.
(E) When the driver of such vehicle is taken into custody by the Police Department and such
vehicle would thereby be left unattended upon a street.
(F) When removal is necessary in the interests of public safety because of fire, flood, storm,
or other emergency reason.
Section 16. That Chapter 71, "Parking Regulations", Section 71.071, "Reserved", of the Code of
Ordinances of the City of Delray Beach, Florida,is hereby amended to read as follows:
Sec. 71.071. - RESERVED-. NOTICE OF IMPOUNDMENT OF UNATTENDED
/ABANDONED VEHICLES.
(A) Whenever an officer removes a vehicle from a street as authorized in this subchapter,and
when the officer knows or is able to ascertain the name and address of the owner thereof, such officer
shall immediately give or cause to be given notice in writing to the owner of the fact of the removal, the
reasons therefor, and the place to which the vehicle has been removed. In the event of the vehicle being
stored in an authorized garage, a copy of such notice shall be given to the proprietor of the garage.
(B) Whenever an officer removes a vehicle from a street under this subchapter and does not
know and is not able to ascertain the name of the owner or for any other reason is unable to give notice
to the owner, the officer shall within twenty-four-four 24) hours, through the medium of electronic
communications, contact the State Department of Highway Safety and Motor Vehicles giving a full
description of the vehicle,and shall file a copy of such notice with the proprietor of anti authorized garage
in which the vehicle may be stored. The notice shall include a complete description of the vehicle, the
date, time and place from which removed, the reasons for removal, and the name of the garage or place
where the vehicle is stored.
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-- .... -----::_
Section 17. That Chapter 71, "Parking Regulations", Section 71.072, "Reserved", of the Code of
Ordinances of the City of Delray Beach, Florida,is hereby amended to read as follows:
Sec. 71.072. - RESERVE RELEASE OF IMPOUNDED VEHICLE.
No vehicle impounded under this subsection in an authorized garage shall be released therefrom
until the charges for towing the vehicle into the garage and all storage charges have been paid.The charges
for towing or removal of any vehicle and storage shall be at the expense of the owner.
Section 18. That Chapter 71, "Parking Regulations", Section 71.073, "Reserved", of the Code of
Ordinances of the City of Delray Beach,Florida,is hereby amended to read as follows:
Sec. 71.073. - RESERVE SALE OF IMPOUNDED VEHICLE.
(A) If the residence or address of the owner or anyperson holding a lien upon an impounded
vehicle cannot be ascertained or if the owner or person holding a lien upon the vehicle fails to take
possession of the vehicle within thirty (30�ys after the mailing of the notice provided for in this
subsection such vehicle shall be sold at public auctioh by the Chief of Police at some place within the
City, but prior to the sale a notice shall be published in a City publication at least ten (10)da prior to
the date of sale. Such notice shall give the time and place of sale and describe the motor vehicle to be
ii
sold A copy of such notice shall be mailed to the owner and each person holding a lien on the car if
1) their address be known, at least ten (10) days before the date of the sale.
l�
(1) The City shall not guarantee title to such vehicle or to deliver a title of ownership,
but shall furnish the purchaser a certificate in substantially the following forin:
Certificate No.
CERTIFICATE OF SALE
Delray Beach Police Dept.
Delray Beach, Florida 33444
THIS IS TO CERTIFY that the following described car was abandoned on the public streets
of Delray Beach, Florida and was placed in the custody of the Police Department where it was held for
thirty (36) dam after which time it having been impossible to find the owner of the same, or if found,
failed to repossess same, this automobile was sold to the highest bidder after legal advertisement.
This certificate of sale is therefore issued to
residing at
Make:
Year:
Engine No.:
Chassis No.:
Dated at Delray Beach, Florida, this day of 20
Chief of Police
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ORD NO. 07-18
(2) The above form shall be in duplicate. The original shall be given to the purchaser
and the duplicate bound in a book or record.
(B) If any motor vehicle shall be sold as provided in this subsection„the proceeds of the sale,
after paling all the costs actuall�xpended for advertising or otherwise in the sale, shall be deposited in
the General Fund of the City.
4Q The owner or aniperson having a lien upon an impounded vehicle may take possession
of the same at any tirne prior to the sale provided for in this subsection but such person shall reimburse
the City for all reasonable expenses for storage, advertising, or other expense incurred in connection
therewith.
(D) The proceeds of any sale of an impounded vehicle paid to the General Fund of the City
shall not be expended or disbursed for ninety (90) days after the date of such sale. At any time during
that period, the owner or any person having an interest in the motor vehicle may,upon making proof of
such ownership or interest,recover back from the fiend the proceeds of the sale, less all the expenses of
caring for such propeM, advertising, and the making of such sale.
Section 19. Chapter 71, "Parking Regulations", Section 71.091, "Liability for Payment of Parking
Ticket Violations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
Sec. 71.091. -LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS.
(A) The registered owner of a vehicle is responsible and liable for payment of any parking
ticket violation. The owner of a stolen vehicle is not responsible for a parking ticket
violation from the date it is reported stolen to the Police Department.
(B) Any person issued a parking ticket by a parking enforcement specialist or officer shall
be deemed to be charged with a noncriminal violation and shall comply with the
directions on the ticket. In the event that payment is not received or a response to the
ticket is not made within the time period specified thereon, the County Court-or,its
Traffic Violations Bureau, orth_ eCity shall notify the registered owner of the vehicle
wh ch was cited,by mail to the address given on the motor vehicle registration, of the
ticket. Mailing of the notice to this address shall constitute notification. Upon
notification, the registered owner shall comply with the Court's or City's decision.
(C) Any person who fails to satisfy the Court's or City's directive shall be deemed to waive
his right to pay the applicable civil penalty.
(D) Any person who elects to appear before a designated official to present evidence shall
be deemed to have waived his right to pay the civil penalty provisions of the ticket.
The official, after a hearing, shall make a determination as to whether a parking
violation has been committed and may impose a civil penalty not to exceed one
hundred dollars ($100.00) plus court costs. Any person who fails to pay the civil
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---- - -- ----- ------- ------
-
penalty within the time allowed by the Court or the City shall be deemed to have been
convicted of a parking ticket violation, and the Court as well as the city shall take
appropriate measure to enforce collection of the fine.
(E) Any provision of divisions (B), (C) and (D) above to the contrary notwithstanding,the
provisions of F.S. Chapter 318 shall not apply to violations of the City's regulations.
(F) The clerk of the Circuit Court, the Traffic Violations Bureau or the City shall supply
the Department of Highway Safety and Motor Vehicles with a magnetically encoded
computer tape reel or cartridge which is machine readable by the installed computer
system at the department, or similar digital file, listing persons who have three (3) or
more outstanding parking violations or one (1) or more outstanding violations of
Section. 316.1955, Florida Statutes. The department shall mark the appropriate
registration records of persons so reported. If the applicant's name appears on the list
referred to herein, no license plate or revalidation sticker shall be issued until such
person's name no longer appears on said list or until the applicant presents a receipt
l
from the clerk showing that such parking fines have been paid.
Section 20. That Chapter 71, "Parking Regulations", Subchapter"Violations;Enforcement", Section
71.999, "Penalty", of the Code of Ordinances of the City of Delray Beach,Florida,is hereby amended to read as
follows:
See. 71.999. - PENALTY.
(A)
70.99. It shall be unlawful for any person to violate any of the parking regulations referenced in this
Chapter. Any person who violates any provision of this chapter will be subject to a penalty which may
include fines immobilization, or towing_.
(B)
shafl be in the amount of tweaty &e dollars ($25.00) fai! eaeh vialatiell of this 9
eNeept asathet-wise set foi!�ifa this Seetion.Aia addifie!aal twenty five dellai!s ($25.00) eivil penalty sha4 be iinpesed
days frain the date the eainplaiiat and paikiag tieket was affixed to that inotei!ve ele. A -r
'Iffy —es lfl
i!emaifa unpaid fef f±inety (90) days afr imer-e shall be i!efetred to a i!egistei!ed eelleetiefi 9
fees,
the a±netmt owed at the t4ne the aeeeuat is refi��ed to the ealleetioia . The amount of the fines
for the violation of barking regulations shall be established by resolution of the City Commission and
may be subsequently amended by the Ci Manager. Fines imposed for violations of this chapter shall
include a ten dollar ($10.00) surcharge that shall be used for funding the City's school crossing guard
program,in accordance with section 71.006.
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ORD NO. 07-18
(C)
r5t-eaeh viol do . Failure to pay penalties within fourteen (14days of issuance of the parking violation
shall result in a service charge to the violator per citation in addition to the cost of the penalty. The
amount of the service charge for the violation of parking regulations enumerated herein shall be
established by resolution of the City Commission and maybe adjusted from time to time.
P)
a fiiae ef two huad±ed fifty dollars ($250.00) as pefffiitted ttadei!F.S. Seetie�as 316.008(4) &ad 34 8.1 gf7)-.
Failure to pay penalties within ninety(90)days or more shall be referred to a registered collection agcy,
en
which will pursue the collection of the outstanding balance of the unpaid fine along with any collection
fees, service charges, or costs accrued for the collection of said fines in an amount not to exceed for
percent 40%) of the amount owed at the time the account is referred to the collection agency.
(E)
(2) Afty pei!sen vielafiiag the pi!o-visieias ef Seetioias 71.061(A), (B), (G), (G) oi! (h) sh-
this Ghaptei!.-
Section 21. That Chapter 73, "Parking Schedules", of the Code of Ordinances of the City of Delray
Beach, Florida,is hereby repealed in its entirety as follows:
CHAPTER�73 _AR K--N- cr-T_TU"TTT Uc, (repeal chapter 73 in its entirety/sections moved to
Chapter 71)
SCHEDULE 1. 42%7C) HOUR/FOUR 14OUR PAPdGNG ZONES.
15
ORD NO. 07-18
_ -
8ra3 TE) P �
[ # �' e
Atlantie A-veffue State Read MA 14 81 4-14 81
Aveau
East side of Ada-ati N.E. 1 st S"eet 14 81 4 14 81
1,.+A-veffae
Gleasoia C+..,,..+ Atlafttie Yy ±arai'D—Ilve
A-
q
T.� ee
S.E. -3#� N.E. �3 $F � 42 1686
� � e �
1
N.E. 2n e-v� Atlai't NT L' ^+l. C+..,,,,+ '14 81 4 14 84
veffite
NL' ^+1^ eveiru Adantie N.E. 1,.+Street 14 81
S.E. ist Sqee-t S.E. 93-8 12 16 86 f
Avefi-u A�i efFa—e s f
�n a e r � - - -c 44-84 4-14 -81
t � y
S.Ez...l e,_,.r,, f S.E. 1„+c+..,.,,+ 14-8-1- ^—T-1z-^,-81
I e
S.E. Sty Ave—Ru 44-84 ^- 14 81
Av�
Venetia Dii „ Atlafftie
i 4 --81 4�
Avefitte
( two 1
ete—�.es
i
i
li
J .
l
i
16
ORD NO. 07-18
Lots
15 and
Week
plat of the Town of
Plat Beek
Page
J ) ) ) I )
Raiid
9
Lot 16 a�ad the iaei!�26.33 feet of Lot Bleek
9 J I
plat of the Town of Dekay,Plat Book Page
l 9
GE)Uflty
J •
the aoi�� 16 feet of Lots 7 ftftd
5 J 9
the east/west 16 feet Bleek
J 9
Railway, lying west of Let
J
Bleek
I
Plat Book
J Plat of Veteralls J J
Page J ) •
Lets 10
aiad Lot
Bleek
plat of the Tawn ef
Plat Beek
Page
J 5 J ) 9 J I
J •
Bleek
plat of the Towa of
I J J I
Beek I Page I J •
J J
iizcxtcsrc-�z:
shall be lawful fai! eight (8) houn. The two-hout ei! eight hauf f whiehevei!is 5
).
Atlaafic A-venue fi-ein Swi±itea A-vei-zae to State Read AIA whieh shaR be frain 8.00 a.in. to 9:00
.I
holidays;pi!e-vided that vA4iin the imeaning of this
the tel�tn holiday sha
9
iiielude New I _
J ) J ) ) 9
I held.
17
ORD NO. 07-18
... --
�� to
J step,
J eNeept Suaclays and pub-he 9
! J J
SCHEDULE 11. PAPdG-NG METER ZONES-.
J streets, J
stt-eetsJ J
Sri Dftte
( aizc`�c Read�iizi se ..�w�au. �u.a `.�R..,�.,...1' ns... 21
Read I ^ '
l� 2-1-91 4,121/81
MAE a
21 81 1
a�ad State Road AIA
IMPOUNDMEN
I�
/A 3 A 1lTTll11O E—D TTG'LT C EC
J J !
wrhere
sueT ehiel, cons+.bates gig ebsttuetiofi to +..,.fes.
J by i!easaa of physieal J
ifieapaeitated to saeh an eytefit as to beI
18
ORD NO. 07-18
heujrs
pfiei!to
f )
of
5 ) r
See.
, 73 1 f. T T!`� 6A C TA RT3!>T T A R T`RT 7" d-%U T TAT A T T'12AT7�'U"/A R A ATT f llATlG TI
-��CGo 7��ro. x�O�n��.rv-®- x�rv-i-� vs7�-/--BA D®�T .rrry
VEHICLES-.
•
to the
G „1„efoviiei! .-
5 hours,
J )
See. 73.17. aE�TEr�C�~ nrT7-zTaAp qlDl_%TTT_ A�M.uTI-T lV
rscz.�
73.18.�12 T 17 !1'17 TAR T3l1TT�TTl1G T!ATI�TTTF"T -I-, -
9 7
piioi!to the sale ft iiatiee shaU be published in a Gity publieatioa at least tffi (4 0) days pidae to the date e
19
ORD NO. 07-18
: -:::: _:::: .---
- ...
. -- -----
if theif ad&ess be
J
at least teia (10) days beffe—ile the date ef the sale,
J
(1) The City shall flot guaTaiitee title to stieh velliele ei!to delivei!a tide of 9
GEi-t¢aea�te Ne.
Dekay J
FIE)iida 33444
Dekay > )
ei!if
J )
i
this atAeinobile was sold te the highest bidde:� aftet legal .
J
c
This eei��eafe of sale is diet-efai!e SCGTto
I
Make:
Year--Bated at Delfay—
Ghassis No,
f J dais &y of 20
J
the peoeeeds
J
of the shall be
J sale,
f
ly
i
J )
t e ,it
mcii w-xffr.
that upon±nakiiag pfE)E)Ir
J the owaei! 9
I elJ
J I
20
ORD NO. 07-18
Section 22. 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 of this Ordinance.
Section 23. Specific authority is hereby given to codify this Ordinance.
Section 24. This Ordinance shall become effective immediately upon adoption.
s s _ l
PASSED AND ADOPTED in re alar°°ssu ion cond a d fin reading on this day of
a
.)U)(- , 201 .
Shelly Petr a,Mayor
ATTEST
Tz
City Clerk
FirstReadin
g
Second Reading
Ap roy'd las o rm andle surf iency.
Max Lo n, ity Attorney
21
ORD NO. 07-18