15-76 ORDINANCE NO. 15-76
AN ORDINANCE RELATING TO TRAFFIC AND REGULATING THE
USE OF THE STREETS AND HIGHWAYS OF THE CITY OF DELRAY
BEACH; CREATING AND DEFINING PARKING 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
congesting 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,
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;
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 establishe
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 obedience to traffic regula-
tions, 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 either~in person or by designee 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
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 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 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 5. VIOLATIONS~ It shall be unlawful and a violation of
the provisions of ~is ordinance for any person:
La) 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.
To park any vehicle across any line or marking of a parkin
space or in suck 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
Department to enforce the provisions of this ordinance.
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Ord. No. 15-76
SECTION 7. PENALTY. Any person who shall violate or fail to
comply with any of the provisions of tkis 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.
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. All 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 10. REPEAL OF EMERGENCY ORDINANCE NO. 10-76. Upon the
effective date of this ordinance Emergency Ordinance No. 10-76 shall be
repealed and replaced in full by this ordinance.
SECTION 11. SEVERABILITY. If any section or provisions, or
parts thereof in this ordinance shall be adjudged invalid or unconstitutiona ,
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 12. 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 13. EFFECTIVE DATE. This ordinance shall be effective
when it is passed and adopted on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 24th day Of May , 1976.
ATTEST:
.7 ~.~_ CitY Clerk ......
First Reading April 26, 1976.
Second Reading May 24, .1976
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Ord. No. 15-76