47-77 ORDINANCE NO. 47-77
AN ORDINANCE RELATING TO TRAFFIC AND REGULA-
TING THE STOPPING, STANDING AND PARKING OF
VEHICLES ON STREETS, ALLEYS, SIDEWALKS, DRIVE-
WAYS, PARKING AREAS AND EVERY OTHER WAY, WITHIN
OR WITHOUT THE CORPORATE LIMITS OF THE CITY OF
DELRAY BEACH, FLORIDA, THE USE OF WHICH THE
CITY OF DELRA¥ BEACH HAS JURISDICTION AND
AUTHORITY TO REGULATE; CREATING AND DEFINING
PARKING AND PASSENGER, CURB AND FREIGHT LOADING
ZONES; PRESCRIBING PARKING TIME LIMITS; DEFIN-
ING AND PROVIDING FOR FIRE LANES; PROVIDING FOR
THE DIRECT RESPONSIBILITY OF AN ILLEGALLY PARKED
VEHICLE TO BE ON THE OWNER THEREOF; DEFINING OF-
FENSES, PROCEDURES AND PRESCRIBING CIVIL PENAL-
TIES; DECLARING A VIOLATION TO BE A PUBLIC
NUISANCE AND TRESPASS AND A NON-CR/MINAL INFRAC-
TION AND PROVIDING THAT INVALIDITY OF PART SHALL
NOT AFFECT THE VALIDITY OF THE REMAINDER.
WHEREAS, the narrowness of and the volume of traffic on streets in
certain sections of the City of Delray Beach, Florida, has the effect of
congesting the streets and impeding the movement of traffic; and,
WHEREAS, numerous operations of motor vehicles take advantage of
this situation by parking for unreasonably icn~ periods 9f time ~.n close
proximity to other motor vehicles so parked on the most congested parts
of the City's business streets; by stopping, standing and parking im-
properly; by not parking within the spaces provided; by parking too close
to corners and too close to fire hydrants; by parking on the sidewalks;
by double-parking; by parking in fire lanes; and by parking in "No Park-
ing'' areas; and,
WHEREAS, such practice tends to further impede traffic and in
addition thereto constitutes a danger to the life, limb and property of
other motorists, pedestrians and others; and,
WHEREAS, the City of Delray Beach is desirous Of providing maxi-
mum safety and convenience for all persons who use the streets, highways,
alleys and motor vehicle parking areas in the City; and,
WHE~S, the City provides many benefits for motor vehicles and
expends considerable public funds which benefit the owners of the vehicle~ ;
and,
WHEREAS, it is impractical and in most cases impossible to as-
certain and establish the identity of a driver of a motor vehicle which
has been left illegally parked, and unless the registered owner of such
vehicle is held responsible for such illegal parking, the parking ordi-
nances of the City will be unenforceable and ignored; and,
WI{EREAS, the City has the power to regulate, limit, restrict and
prohibit the privilege of parking on the streets, highways, alleys, park-
ing lots and other areas open to and used by vehicular traffic, the use
of which the City has jurisdiction and authority to regulate;
NOW, T}~REFORE, BE IT ORDAINED BY THE CIT~ COUNCIL OF THE CITY OF
DELRAY BEACH, STATE OF FLORIDA, AS FOLLOWS:
Section 1. That the Code of Ordinances of the City of Delray
Beach be amended by adding the following:
MOTOR VEHICLES AND TRAFFIC
ARTICLE I. IN GENERAL
SECTION 1. Definitions
The following words and phrases, when Used in this ordinance,
shall for the purposes of this ordinance, have the meanings respectively
ascribed to them in this Section, except where the context clearly in-
dicates a different meaning:
(a) Infraction or Non-Criminal Infraction. A non-criminal
violation which is not punishable by incarceration and
for which there is no right to a trial by jury or a
right to court appointed counsel.
(b) Vehicle. Any device in, upon or by which any person
or property is or may be transported upon a highway,
except a device which is operated upon rails Or tracks.
(c) Street. Any public street, avenue, road, alley, high-
way, lane, path, or other public place located in the
City of Delray Beach, Florida, and established for the
use of vehicles.
(d) Person. Any individual, firm, co-partnership, associa-
tion or corporation.
(e) Operator. Every individual who shall operate a vehicle
as the owner thereof, or as the agent, employee or
permittee of the owner, or is in actual control of a
vehicle.
(f) ~Park or Parkinq. The standing of a vehicle, whether
occupied or not, otherwise than temporarily for the
purpose of, and while actually engaged in, receiving
or discharging passengers or loading or unloading mer-
chandise or in obedience to traffic regulations, signs
or signals or an involuntary stopping of the vehicle
by reason of causes beyond the control of the operator
of the vehicle.
(g) Loadinq Zone.
1. Curb Loading Zone. A space adjacent to a curb re-
served for the exclusive use of vehicles during the
loading or unloading of passengers or materials.
2. Freight Loading Zone. A space adjacent to a curb
reserved for the exclusive use of vehicles during
the loading or unloading of freight.
3. Passenger Loading Zone. A space adjacent to a curb
reserved for the exclusive use of vehicles during
the loading or unloading of passengers.
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Ord. No. 47-77
(h) Owner. Any person in whose name the Title to a motor
vehicle is registered.
(i) Private Road or Drivew.a¥... Every road or driveway ~not
open to the use of the public for the purpose of ve-
hicular traffic.
(j) Sidewalk. That portion of a street between the curb
lines or the lateral lines of a roadway and the adjacent
property lines intended for the use of pedestrians.
(k) Stand or Standinq. The halting of a vehiCle, whether
occupied or not, otherwise than temporarily for the
purpose of, and while actually engaged in, receiving or
discharging passengers or loading or unloading merchan-
dise or in obedience to traffic regulations, signs or
signals or an involuntary stopping of the vehicle by
reason of causes beyond the control of the operator of
the vehicle.
(1) Stop or Stoppi.n~.' When prohibited, such term means any
halting, even momentarily, of a vehicle, whether occu-
pied or not, except when necessary to avoid conflict
with other traffic or in compliance with the directions
of a police officer or traffic-control sign or signal,
or an involuntary stopping of the vehicle by reason of
causes beyond the control of the operator of the ve-
hicle.
(m) Taxi Stand or Taxi-Cab Stand. A fixed area in the road-
way parallel and adjacent to the curb set aside for
taxicabs to stand or wait for passengers.
ARTICLE II
PARKING ZONES AND DESIGNATION OF PARKING SPACES
SECTION 1. Parkinq Zones.
The following named and described areas, streets or portions of
streets and such other areas, as may hereafter be included in this Sec-
tion by amendment hereto, lying within the corporate limits of the City
of Delray Beach, shall constitute parking zones. The Chief of Police,
in person or by designee, shall mark off individual parking spaces and
enforce a two-hour parking restriction in the following described park-
ing areas:
ON FRoM \ ~0
Atlantic Avenue Swinton Avenue A-1-A
N.E. 1st Avenue Atlantic Avenue N.E. 1st Street
N.E. 2nd Avenue Atlantic Avenue N.E. 4th Street
N.E. 4th Avenue Atlantic Avenue N.E. 1st Street
S.E. 1st Avenue Atlantic Avenue 1st alley to the
south
S.E. 2nd Avenue Atlantic Avenue 1st alley to the
south
S.E. 3rd Avenue Atlantic Avenue S.E.lst Street
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Ord. No. 47-77
FROM
S.E. 4th Avenue Atlantic Avenue S.E. 1st Street
Venetian Drive Atlantic Avenue Miramar Drive
S.E. 5th Avenue Atlantic Avenue 1st alley to the
south
The two-hour parking restriction shall apply in the following
described city-owned parking lots:
Lots 11 through 16, Block 92
Plat Book 2, Page 21.
Lots 14-15-16-17, Block 101
Plat Book 1, Page 103.
Lot 8 and North 21.5' of Lot 9, all of Lot 16
and North 26.33' of Lot 17, Block 109
Plat Book 1, Page 3.
The two-hour parking restriction shall apply in the following
described city-leased parking lot:
The South six (6) inches of Lot 9 and all of Lot 8, Block
92, Re-subdivision of Blocks 91 and 92 and West one-half
of Block 99, Delray Beach, Florida.
SECTION 2. Parkinq Time Limit in Parkinq Zones.
Parking or standing a vehicle in a designated space in the
parking areas or zones described in Section 1 of this Article II shall
be laWful for two hours. The two-hour parking limit shall be in effect
every day between the hours of eight o'clock A.M. and six o'clock P.M.,
except Sundays and holidays; provided, however, that within the meaning
of this ordinance, the term "holiday" shall include New Years Day,
Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
Christmas Day and the days upon which the Delray Affair is held.
SECTION 3. Violations of the Provisions of this Article II.
It shall be unlawful and a violation of the provisions of this
Article II for any person:
(a) To cause, allow, permit or suffer any vehicle registered
in his name to be parked in the said parking areas for
a continuous period in excess of two hours.
(b) To cause, allow, permit or suffer any vehicle registered
in the name of such person to be parked across any line
or marking of a parking space or in such position that
the vehicle shall not be entirely within the space des-
ignated by such lines or marking.
SECTION 4. Enforcement.
It shall be the duty of the Police Department to enforce all the
provisions of this Ordinance.
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Ord. No. 47-77
SECTION 5.
The Chief of Police or his designee is hereby directed and author-
ized to mark off individual parking spaces in such other parking zones as
may hereafter be established, said parking spaces to be designated by line~
painted or durably marked on the curbing or surface of the street. At
each space so marked off it shall be unlawful to park any vehicle in such
a way that such vehicle shall not be entirely within the limits of the
space so designated.
ARTICLE III.
STOPPING, STANDING AND PARKING GENERALLY
SECTION 1. Applicability of Article.
The provisions of this article prohibiting the stopping, standing
or parking of a vehicle shall apply at all times or at those herein
stated or as indicated on official signs, except when it is necessary to
stop a vehicle to avoid conflict with other traffic or in compliance with
the directions of a police officer or official traffic-control device.
The provisions of this article imposing a time limit on parking
shall not relieve any person f~om the duty to observe other and more re-
strictive provisions prohibiting or limiting the stopping, standing or
parking of vehicles in specified places or at specified times.
SECTION 2. Standing or Parking Close to Curb.
Except as otherwise provided in this chapter, every vehicle stop-
ped or parked upon a street where there is an adjacent curb shall be so
stopped'or parked with the curb-side wheels of such vehicle within twelve
inches of the curb and shall be headed in the direction of the lawful move
ment of traffic in the adjacent lane.
SECTION 3. Obedience to Posted Signs.
When official signs prohibiting parking are erected, as authorized
in this chapter, no person shall stop, stand or park a vehicle in any
such designated place.
SECTION 4. Parking Not to Obstruct Traffic.
No person shall park any vehicle upon a street in such a manner
or under such conditions as to leave available less than ten feet of
width of the roadway for free movement of vehicular traffic. Where street
~re. not completely paved or curbs provided, the parking of a car shall be
in such a manner as not to obstruct the free movement of traffic.
SECTION 5. Unattended Motor Vehicles.
No person driving or in charge of any motor vehicle.shall permit
it to.stand unattended without first stopping the engine, locking the
ignition, 'removing the key and setting the parking brake.
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Ord. No. 47-77
SECTION 6. $~oppinq, Standinq or Parkinq Prohibited in Specified Places.
(a) No person shall stop, stand or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance with'law
or the directions of a police officer or traffic-control device, in any
of the following places:
1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. Within six feet of a fire hydrant.
5. On a crosswalk.
6. Within twenty feet of a crosswalk at an intersection.
7. Within thirty feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located
at the side of the roadway.
8. Between a safety zone and the adjacent curb or within
thirty feet of points on the curb immediately opposite
the ends of a safety zone, unless the Chief of Police or
his designee indicates a different length by signs or
markings.
9. Within fifty feet of the nearest rail of a railroad
crossing.
10. Within twenty feet of the driveway entrance to any fire
station and on the side of a street opposite the entrance
to any fire station within seventy-five feet of such en-
trance (when properly signposted) o
11. Alongside or opposite any street excavation or obstruction
when stopping, standing or parking would obstruct traffic.
12. On the roadway side of any vehicle stopped or parked at
the edge or curb of a street.
13. Upon any bridge or other elevated structure upon a high-
way or within a highway tunnel.
14. At any place where official signs prohibit stopping.
15. In a designated fire lane open to the use of public travel
on private or public property.
(b) No person shall move a vehicle not lawfully under his control
into any such prohibited area or away from a curb such distance as is
'unlawful.
(c) No person shall park a vehicle at any time on any of the
following parts of streets, sidewalks or sidewalk areas where signs are
erected giving notice thereof:
1. In front of a theater entrance.
2. In front of the entrance or exit of a hotel.
3. In front of the entrance of any building where in the
opinion of the Chief of Police parking should be pro-
hibited for public safety.
SECTION 7. All-Niqht Parkinq.
Only persons on emergency calls shall park a vehicle on any street
marked to prohibit all-night parking, and giving notice thereof, 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 Delray Beach Police
Department.
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Ord. No. 47-77
~ECTION 8. Parkinq in Alleys..
No person shall park a vehicle within an alley in such a manner
or under such conditions as to leave available less than ten feet of the
width of the roadway for the free movement of vehicular traffic, and no
person shall stop, stand or park a vehicle within an alley in such posi-
tion as to block the driveway entrance to any abutting property except
for the purpose of unloading freight which shall not exceed 15 minutes.
SECTION 9. Parkinq for Certain Purposes Prohibited.
No person shall park a vehicle upon any roadway for the principal
purpose of advertising any place of business or service; displaying such
vehicle for sale; washing, greasing or repairing such vehicle, except
repairs necessary for meeting an emergency; selling merchandise from such
vehicle, except as a duly established marked place or when so authorized
or licensed under the Code or other ordinances of the City.
SECTION 10. Parkinq Prohibited Durinq Certain HourS on Certain Streets.
When signs are erected in each block giving notice thereof, no
person shall park a vehicle between the hours specified in regulations
promulgated by the Chief of Police or other official designated by the
City Council.
SECTION 11. Stoppinq,. S~an~inq. or Parkinq Prohibited Durinq Certain
Hours on Certain Streets.
When signs are erected in each block giving notice thereof, no
person shall stop, stand or park a vehicle between the hours of any day
as specified in regulations promulgated by the Chief of Police or other
city official designated by the City Council, except Sundays and public
holidays, within the district or upon any of the streets described in
such regulations.
SECTION 12. Parkinq Time Limited on Certain Streets.
When signs are erected giving notice thereof, no person shall
stop, park or stand a vehicle for longer than the time designated by such
signs at any time between those hours so stated by such signs on any day,
except Sundays and full legal holidays, within the City.
SECTION 13. Standinq in Passenqer Curb Loadinq Zone.
No person shall stop, stand or park a vehicle for any purpose or
period of time, other than for the expeditious loading or unloading of
passengers, in any place marked as a passenger curb loading zone during
hours when the regulations applicable to such curb loading zone are effec.
tive, and then only for a period not to exceed five minutes.
SECTION 14. Standinq in Freiqht Loadinq Zone or in Curb Loadinq Zone.
(a) Freight Curb Loading Zone.
1. No person shall stop, stand or park a vehicle for any pur.
pose or length of time, other than for the expeditious
unloading and delivery or pick-up and loading of material:
in any place marked as a freight curb loading zone during
hours when the provisions applicable to such zones are in
effect. In no case shall the stop for loading and unload
lng of materials exceed thirty minutes.
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2. The driver of a passenger vehicle may stop temporarily at
a place marked as a freight curb loading zone for the
purpose of and while actually engaged in loading and un-
loading passengers, when such stopping does not interfere
with any motor vehicle used for the transportation of
materials which is waiting to enter or about to enter such
zone.
(b) Curb. Load. inq Zone.
1. No person shall stop, stand or park a vehicle for any pur-
pose or length of time other than for the expeditious un-
loading and delivery or pick-up and loading of materials
or passengers in any place marked as a loading zone during
hours when the provisions applicable to such zones are in
effect. In no case shall the stop for loading and unload-
ing of materials or passengers exceed thirty minutes.
SECTION 15. Standinq in Restricted Parkinq Zone.
No person shall stop, stand or park a vehicle for any purpose or
length of time in any restricted parking zone, other than for the purpose
to which parking in such zone is restricted~ except, that a driver of a
passenger vehicle may stop temporarily in such zone for the purpose of
and while actually engaged in loading or unloading of passengers when
such stopping does not interfere with any vehicle which is waiting to
enter or about to enter the zone for the purpose of parking in accordance
with the purpose to which parking is restricted.
SECTION 16. Stoppinq, Standinq and Parkinq of Buses and Taxicabs
Requlated.
1. The operator of a bus shall not stand or park such vehicle
upon any street at any place other than a bus stand designated as such
as provided herein.
2. The operator of a bus shall not stop such vehicle upon any
street at any place for the purpose of loading or unloading passengers
or their baggage other than at a bus stop, bus stand or passenger loading
zone so designated as provided herein, except in the case of an emergency.
3. The operator of a bus shall enter a bus stop, bus stand or
passenger loading zone on a public street in such a manner that the bus,
when stopped to load or unload passengers or baggage, shall be in a posi-
tion with the right front wheel of such vehicle not further than twelve
inches from the curb and the bus approximately parallel to the curb, so
as not to unduly impede the movement of other vehicular traffic.
4. The operator of a taxicab shall not stand or park such vehicle
upon any street at any place other than in a taxicab stand so designated
as provided herein. This provision shall not prevent the operator of a
taxicab from temporarily stopping in accordance with other stopping or
parking regulations at any place for the purpose of and while actually
engaged in the expeditious loading or unloading of passengers.
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Ord. No. 47-77
SECTION 17. Restricted Use of Bus and Taxicab Stands.
No person shall stop, stand or park a vehicle, other than a.bus
in a bus stop (or other than a jitney in a jitney stand) or other than
a taxicab in a taxicab stand, when any such stop or stand has been offi-
cially designated and appropriately signed, except that the driver of a
passenger vehicle may temporarily stop therein for the purpose of and
while actually engaged in loading or unloading passengers when such stop-
ping does not interfere with any bus (or jitney) or taxicab waiting to
enter or about to enter such zone.
ARTICLE IV
~IOLATION, ENFORCEMENT PROCEDURE AND IMPOUNDMENT OF VEHICLES
SECTION 1. Violation Constitutes a Public Nuisance and Trespass
and Deemed a Non-Criminal Infraction.
Any and all violations of the provisions of this ordinance re-
lating to the parking of vehicles are hereby declared to be a public
nuisance and trespass. Any person cited for a violation of this ordinance
shall be deemed to be charged with a non-criminal infraction and shall
be cited for such and liable for a civil penalty. The procedures and
provisions set forth in the Florida Rules for Traffic Court shall apply
as closely as is possible in handling said infractions and enforcing the
provisions of this ordinance.
SECTION 2. Responsibility of Reqistered Owner.
In any prosecution involving a violation of thi~ ordinance, the
registered owner of a vehicle when such vehicle is parked or left standin¢
in violation of said ordinances is hereby declared to be directly re-
sponsible to the City for the payment of the civil penalty for the vehicle
being so parked or left standing. The term "registered owner" is the
person or entity who is lawfully registered with the Department of High-
way Safety and Motor Vehicles as provided by State law on the day such
violation occurs.
SECTION 3. Forms and Notices of Citations.
The City shall provide a uniform complaint and parking ticket,
serially numbered, for notifying alleged violators to appear and answer
to charges of violating this ordinance or other traffic ordinances. Such
forms shall be issued to and receipted for by the Chief of Police or
other person acting for him. The City Clerk shall have. access to the
necessary records of the Police Department.
SECTION 4. Cancellation of Traffic Citations. ~
It shall be unlawful for any person to cancel or solicit the can-
cellation or disposition of any traffic parking ticket in any manner
other than as provided by this ordinance.
SECTION 5. Notice on Illeqally..Parked Vehicle.
Whenever any motor vehicle without driver is found parked, stop-
ped or standing in violation of any of the restrictions imposed by this
ordinance, the officer finding such vehicle shall take the registration
number and may take any other information displayed on the vehicle which
may identify its owner and shall conspicuously affix to such vehicle a
9 Ord. No. 47-77
complaint and parking ticket for the owner to answer the charge against
him within five (5) calendar days during the hours and at a place speci-
fied in the complaint and parking ticket. The complaint and parking
ticket shall inform the owner of the procedure available to him under
this ordinance and of the civil penalties applicable to the infractions
with which he is charged.
SECTION 6. Civil Penalties Set Out in Complaint and Parkinq Ticket.
The civil penalties shall be set out in the complaint and parking
ticket and shall be in the amount of five dollars ($5.00) for each vio-
lation, except in the case of time violations and violations for not
parking between designated lines which shall be two dollars ($2.00);
however, an additional five dollar ($5.00) civil penalty shall be imposed
unless the amount designated on the complaint and parking ticket is paid
within five (5) calendar days from the date said complaint and parking
ticket was affixed to such motor vehicle.
SECTION 7. Failure to Comply With Complaint and Parkinq Ticket Attached to Parked Vehicle.
If the civil penalty as indicated on said complaint and parking
ticket is not paid within five (5) calendar days, or the owner of the
vehicle does not appear in response to the complaint and parking ticket
affixed to such motor vehicle within five (5) calendar days, the Delray
Beach Police Department or its designee shall mail to the owner of the
motor vehicle to which ~e coraplaint and parking ticket or citation was
affixed a letter informing him of the violation and of his direct re-
sponsibility for the same, and notifying him to either waive a court
appearance by paying the designated amount in the manner and at the time
set forth in said letter, or to appear at the City Police Department,
Municipal Parking Division, 200 S.W. 1st Street, Delray Beach, Florida,
in order to enter an appearance, and if desired, waive arraignment, enter
a plea of Not Guilty and request a hearing. In the event such letter is
disregarded for a period of seven (7) calendar days, a summons will be
issued.
SECTION 8. Issuance and Service of Summons.
In the event any such owner fails to comply with said complaint
and parking ticket attached to his vehicle and disregards the letter
referred to in Section 7 above, the Clerk of the County Court shall issue
and the Sheriff shall serve a summons directing an appearance in the~
County Court,. within the time set forth in said summons.
SECTION 9. Infractions Not Resultinq in a Hearinq.
Infractions which do not result in a hearing, but for which a
su~ons has been issued, shall be subject to a civil penalty of fifteen
dollars ($15.00) for all nonmoving traffic violations, plus court costs
as provided in Section 13.
SECTION 10. Infractions R~sultinq in a Hearinq.
Infractions which do result in a hearing shall be subject to
Rule 6.450 of the Rules For Traffic Courts as to the Order of Hearing.
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Ord. No.47-v7
SECTION 11. Evidence.
The rules of evidence for nonmoving traffic infractions shall
be the same as in civil cases and shall be liberally construed by the
official hearing the case, subject to the following:
(a) Evidence to Establish the Name of the Reqistered
Owner. A copy of the teletype message received by the
Delray Beach Police Department from the office of the
Department. of Highway Safety and Motor Vehicles indicat-
ing the name of the registered owner of the vehicle on
the date in question duly certified by the Chief of
Police or his designee may be received as evidence to
establish the name of the registered owner without fur-
ther authorization. However, if the defendant denies
that he is such registered owner and such fact cannot
be otherwise established, the court may defer the final
determination of such case until a certified record or
appropriate certificate can be obtained from the office
of the Department of Highway Safety and Motor Vehicles ~
showing the record in that office on the date in question.
The expense of obtaining such a certified record or ap- ~
propriate certificate from the office of the Department ~
of Highway Safety and Motor Vehicles shall be added to -
and made a part of the court costs.
(b) Testimony of Persons Other Than Owner, Who Parked
the Vehicle. At any hearing of a case involving illegal
parking in which the owner of said vehicle is being
tried under this ordinance, the Judge may, in his dis-
cretion, allow any person whether the registered owner
or not, to testify or otherwise give evidence if such
person admits under oath or affirmation to have parked
said vehicle at the time and place of the alleged of-
fense.
SECTION 12. Judqment and the Enforcement Thereof.
If there is a hearing and the court finds that the defendant has
violated the provisions of this ordinance and had thereby committed a
non-criminal traffic infraction, the court shall enter a judgment in
favor of the City in an amount not less than $15.00 nor more than $500.00
for each infraction, plus court costs. If the judgment is not paid, the
City may bring an action for execution of the judgment as in civil cases,
and recover in addition to the amount of the judgment, court costs and
reasonable attorney fees plus all costs of collection including reasonable
attorney fees for collection.
SECTION 13. Costs. \
Court costs shall be assessed in accordance with the applicable
provisions of Rule 6.470 of the Rules for Traffic Courts.
SECTION 14. Motion for New Hearinq or in Arrest of Judqment.
A motion for new hearing or in arrest of judgment, or both, may
be made in accordance with Rule 6.540 of the Rules for Traffic Courts.
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Ord. No. 47-77
SECTION 15. Disposition of Traffic Fines.
All fines collected of any person charged with a violation of
any of the provisions of this ordinance or other traffic ordinances
shall be paid into the City Treasury and deposited in the general fund
of the City.
SECTION 16. I~poundment of Vehicles - Authority of Police.
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 Depart-
ment or by this City under the following circumstances:
(a) When any vehicle is left unattended upon any bridge,
viaduct, causeway or tunnel, where such vehicle con-
stitutes an obstruction to traffic.
(b) When a vehicle upon a street is so disabled as to con-
stitute 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 a vehicle is found being operated upon the streets
and is not in proper condition.
(d) When any vehicle is parked continuously upon a street
for more than seventy-two (72) hours.
(e) 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.
(f) 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.
(g) When removal is necessary in the interest of public
safety because of fire, flood, storm or other emergency
reason.
(h) No vehicle impounded in an authorized garage shall be
released therefrom until the charges for towing such
vehicle into the garage and storage charges have been
paid. The charge for towing or removal of any such
vehicle and storage shall be at the expense of the owner.
SECTION 17. Same - Notice to Owner.
(a) Whenever an officer removes a vehicle from a street as
authorized in this article 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 such owner of
the fact of such removal and the reasons therefor and
the place to which such vehicle has been removed. In
the event of such vehicle being stored in an authorized
garage, a copy of such notice shall be given to the
proprietor of such garage.
- 12 ~ Ord. No.47-77
(b) Whenever an officer removes a vehicle from a street under
this article and does not know and is not able to ascer-
tain the name of the owner or for any other reason is
unable to give the notice to the owner, and in the event
the vehicle is not returned to the owner within a period
of three days, then the officer shall immediately send
or cause to be sent a written report of such removal by
mail to the Director of the Division of Motor Vehicles
and shall file a copy of such notice with the proprietor
of any authorized garage in which the vehicle may be
stored. Such notice shall include a complete descriptio~
of the vehicle, the date, time and place from which re-
moved, the reasons for such removal and the name of the
garage or place where the vehicle is stored.
SECTION 18. Same - Sale; Certificate of Sale.
If the residence or address of the owner or any person 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) days after the mailing of the notice provided
for in Section 17, such vehicle shall be sold at public outcry'by the
Chief of Police at some place within the City, but, prior to the sale,
a notice shall be published in some newspaper published in the City,
publication to be at least ten days prior to the date of sale. Such
notice shall give the time and place of sale and describe the motor ve-
hicle to be sold. A copy of such notice shall be mailed to the owner and
each person holding a lien on such car, if their address be known, at
least ten days before the date of such sale. The City shall not guarantee
title to such vehicle or to deliver a title of ownership, but shall fur-
nish the purchaser a certificate in substantially the following form:
"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 30 days, after
which time it'having been impossible to find the owner of the same, or
if found, he 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, Fla., this day of ,
19 .
Chief of Police"
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Ord. No. 47-77
This form shall be in duplicate. The original shall be given to
the purchaser and the duplicate bound in a book of record,
SECTION 19. Same - Proceeds of Sale.
If any motor vehicle shall be sold'as provided in this article,
the proceeds of such sale, after paying all the costs actually expended
for advertising or otherwise in such sale, shall be deposited in the
general fund of the City.
SECTION 20. Same - Riqht of Owner to Take Possession of Vehicle
Prior to Sale; Reimbursement of Expenses.
The owner or any person having a lien upon an impounded vehicle
may take possession of the same at any time prior to the sale provided
for in Section 1 ~ but such person shall reimburse the City for all
reasonable expenses for storage, advertising or other expense incurred
in connection therewith.
SECTION 21. Same - Proceeds Not to be Expended for Ninety Days;
Right of Owner to Proceeds Upon Proof of Ownership, Etc...
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 such period
the owner or any person having an interest in the motor vehicle may,
upon making prcof of such ownership or interest, recover back from the
fund the proceeds of the sale, less all the expenses of caring for such
property, advertising and makingsuch sale.
ARTICLE V.
Miscellaneous Provisions
Section 1. Exercise of Police Power.
This entire ordinance shall be deemed and construed to be an
exercise of the police power ~f the City of Delray Beach in the State
of Florida for the preservation and protection of public safety and all
of its provisions shall be liberally construed with a view to the ef-
fectuation of such purpose.
Section 2. Repeal of Conflictinq Ordinances.
Ail ordinances and parts of ordinances inconsistent with the
terms of this ordinance are hereby repealed; provided, however, that
such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3. Severability.
If any section or provisions or parts thereof in this ordinance
shall be adjudged invalid or unconstitutional, such invalidity or un-
constitutionality shall not affect the validity of the ordinance as a
whole or of any other section or provision or part thereof.
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Ord. No. 47-77
Section 4. Effective Date.
This ordinance shall be effective ten days after passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 25th day of July , 1977.
V'~ CE M ~. ¥ 0 R "
ATTEST:
sst.~ity Clerk
First Reading July 11, lgT?
Second Reading JUlY 25, 1977
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Ord. No.47-77