10-76 EMERGENCY ORDINANCE NO. 10-76.
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE
USE OF THE STREETS AND HIGHWAYS OF THE CITY OF DELRAY
BEACH; CREATING AND DEFINING PARKINC ZONES; PROVIDING
FOR THE DESIGNATION OF INDIVIDUAL PARKING SPACES; PRO-
VIDING FOR THE INSTALLATION OF PARKING SIGNS; PRESCRIBING
PARKING TIME LIMITS; REPEALING CONFLICTING ORDINANCES;
PROVIDING FOR THE ENFORCEMENT THEREOF; DESCRIBING
OFFENSES AND PRESCRIBING PENALTIES; PROVIDING THAT
INVALIDITY OF PART SHALL NOT AFFECT THE VALIDITY OF
THE REMAINDER.
WHEREAS, the narrowness of and the volume of traffic on the streets
in certain sections of the City of Delray Beach has the effect of con-
gesting the streets and impeding the movement of traffic; and,
WHEREAS, it is the habit of numerous operators of motor vehicles
to take advantage of this situation by parking for unreasonably long
periods of time in close proximity to other motor vehicles so parked on
the most congested parts of the City's business streets and parking lots;
and,
~HEREAS, 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, it is the opinion of the City Council of the City of Delray
Beach, Florida, that an emergency exists by reason of the above mentioned
conditions, and the best method by which the above mentioned conditions
may be remedied is by an emergency ordinance for a period of 120 days
during which parking in said area would be restricted to two hour intervals;
by the installation of Two-Hour parking signs; and by designation of
individual parking spaces,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, STATE OF FLORIDA, AS FOLLOWS:
SECTION 1. DEFINITIONS.
(a) The word "vehicle" shall mean 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.
(b) The word "street" shall mean any public street, avenue, road,
alley, highway, lane, path, or other public place located
in the City of Delray Beach, Florida, and established for the
use of vehicles.
(c) The word "person" shall mean and include any individual, firm,
co-partnership, association or corporation.
(d) The word "operator" shall mean and include 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
physical control of a vehicle.
(e) The word "park" or "parking" shall mean the standing of a
vehicle, whether occupied or not, upon a street otherwise than
temporarily for the purpose of, and while actually engaged
in, receiving or discharging passengers or loading or unloading
merchandise or in o~edience 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.
SECTION 2. DESIGNATION OF PARKING SPACES. The Chief of Police is
hereby directed and authorized to mark off individual parking
spaces and enforce the two hour restriction in the following
described parking areas:
ON FROM TO
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. 1st Street
S.E. 4th Avenue Atlantic Avenue S.E. 1st Street
Venetian Drive Atlantic Avenue Miramar Drive
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.
SECTION 3. INSTALLATION OF TWO-HOUR PARKING SIGNS. In the parking
area described in Section 2 above, the City Engineer shall cause Two-Hour
parking signs to be installed upon the curb or sidewalk adjacent to the
parking spaces and at the entrance of the above described parking lots.
SECTION 4. PARKING TIME LIMIT. Parking or standing a vehicle in
a designated space in the parking area described in Section 2 shall be
lawful for two (2) 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 only the 30th day
of May, and the fourth of July, and the days upon which the Delray Affair
is held.
SECTION 5. VIOLATIONS. It shall be unlawful and a violation of
the provisions of this ordinance for any person:
(a) To cause, allow, permit or suffer any vehicle registered in
the name of, or operated by such person to be parked in
the parking area for a continuous period in excess of two
hours.
(b) To park any vehicle'across any line or marking of a parking
space or in such position that 'the vehicle shall not be
entirely within the space designated by such lines or
marking.
SECTION 6. ENFORCEMENT. It shall be the duty of the Police Depart-
ment to enforce the provisions of this ordinance.
SECTION 7. PENALTY. Any person who shall violate or fail to comply
with any of the provisions of this ordinance, or who shall counsel, aid or
abet any such. violation or failure to comply, shall be deemed guilty of an
offense and shall be punished by a fine of not to exceed $50.00 or by
imprisonment for not to exceed 30 days, either or both penalties to be
imposed at the discretion of the court.
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SECTION 8. RESERVATION OF POWERS. Nothing in this ordinance shall
be construed as prohibiting the City of~Delray Beach from providing for
bus stops, for taxicab stands and other matters of similar nature, including
the loading or unloading of trucks, vans, or other commercial vehicles.
SECTION 9. REPEAL OF CONFLICTING ORDINANCES° Ail ordinances and
parts of ordinances inconsistent with the terms of this ordinance are here-
by 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 10. SEVERABILITY. If any section or provisions, or parts
thereof in this ordinance shall be adjudged invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the validity of the
ordinance as a whole or of any other section or provision or part hereof.
SECTION 11. EXERCISE OF POLICE POWER. This entire ordinance
shall be deemed and construed to be an exercise of the police power of 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 effectuation of such purpose.
SECTION 12. EFFECTIVE DATE. This ordinance shall be in full force
and effect from and after its passage for a period of 120 days.
PASSED AND ADOPTED as an Emergency Ordinance in regular session
on first and final reading on this the 22nd day of March , 1976.
ATTEST:
~ ~ty Clerk
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