13-95 ORDINANCE NO. 13- 9 5
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, AMENDING CHAPTER 71, "PARKING
REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, SECTION 71.058, "COST OF PARKING OR
sTANDING VEHICLE IN CERTAIN METERED SPACES", TO COME
INTO CONFORMITY WITH OTHER CODE SECTIONS; AND BY
AMENDING SECTION 71.999, "PENALTY", TO PROVIDE FOR A
CHANGE IN PARKING FINES; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to
amend its parking regulations to conform to other code sections; and
WHEREAS, the City C.ommission of the City of Delray Beach, desires to
change the amount it currently charges for parking fines. ~
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, "Parking Regulations", Section 71.058,
"Cost of Parking or Standing Vehicle in Certain Metered Spaces", of the Code of
Ordinances of the City of Delray Beach, is hereby amended, by amending Section
71.058(A), to read as follows:
Section 71.058 COST OF PARKING. OR STANDING VEHICLE IN CERTAIN
METERED SPACES.
(A) The cost of parking or standing a vehicle in a parking meter space located
in the Holiday. Inn North arking lot, ,,,, ...................... ,,, . Fire ,.,e°~+:^-,,,,,,,,,, and in the
parking lots at Atlantic Dunes Park, Anchor Park, and Sandoway Park shall be $.75 per
hour. The cost of parking or standing a vehicle in a parking meter space located along
State Road A-1-A shall be $.75 per hour.
(B) The only coins which the meters accept are United States quarters.
('80 Code, Sec. 26-67(a), (b)) (Ord. No. 21-81, passed 4/21/81; Am. Ord. No. 46-81,
passed 6/23/81; Am. Ord. No. 93-87, passed 11/10/87; Am. Ord. No. 14-90, passed
4/24/90)
Penalty, see Sec. 71.999
Cross,reference:
Parking on A-l-A, see Sections 71.040 through 71.042
Section 2. That Chapter 71, "Parking Regulations", Section 71.999,
"Penalty", of the Code of Ordinances of the City of Dekay Beach, is hereby amended to
read as follows:
Section 71.999 PENALTY.
(A) Whoever violates any provision of this chapter for which another penalty is
not already otherwise provided shall be subject to the penalty provisions set forth in Sec.
70.99.
03) The civil penalties shall be set out in the complaint and parking ticket and
shall be in the amount of $ I0 .$20 for each violation of this chapter, except as otherwise
set forth in this section., howev~, _aAh additional $10 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 the complaint and parking ticket was affixed to that motor vehicle.
('80 Code, Sec. 26-78) (Ord. No. 80-80, passed 12/16/80; Am. Ord. No. 101-87, passed
12/22/87)
(C) The fine for the traffic violations of parking too close to an intersection and
parking too dose to a fire hydrant or in a fire lane shall be in the amount of $30 for each
violation.
(D) (-C--) Any person violating the provisions of Sec. 71.028 shall be subject
to a fine of net !z:: a,,,,,,,,, ,e'nt~,-,,, ,,,,, ....... ,,,,,,,~ .~,,.,., *-----,,e"~^ $200 as permitted under F.S. Section
316.008(4) and 318.18(7).
(E) Parking Meters.
(1) The violation of any provision contained in Sections 71.055
through 71.060 and Sec. 71.062 shall result in the penalties set forth in division (A) above.
('80 Code, Sec. 26-71(d))
· . (2) Any person violating the provisions of Sec. 71.061(A)~ (B). ov (C).
(G). or (H) shall be subject to a fine under the terms and conditions as set forth in geetions
71 nn~ +u .....u '~ ~n,~ ~.a Sec 71 99903) of this chapter~· ~--' .... ~ ~ :., .~.,~+:~., ~c
C~,~ "71 /'~11"l~'~ ~k.ll k .... I,:~+ +.., ~ ~,~, :~ +k.~ ,, .... ,.,+
('80 Code, Sec. 26-71(a))
(3) Any person violating the provisions of Sec. 71.061 (D) and (E) shall
be subject to ' the
provisions of the Florida Criminal mischief Statute §806.13.
- 2 - ORD. NO. 13-95
('80 Code, Sec. 26-71(b))
(4) Any person violating the provisions of Sec. 71.061(F) shall be
subject to a fine in the ~ amount of $200 for each violati'on.
[~@l'~ /~,.l~ C~ '3~ ~1/'~\~ 1~'~.1 ~I~T~ ")1 @1 ,~n~l .4/"~1 /01 · A~ ~ %T~ ~ ~ ~J
Semion 3. That should ~y section or pro,sion of t~s ord~ce or
~y potion thereof, ~y p~agraPk ~ntence, or word be decided by a cou~ of ~mpetent
jurisdiction to be inv~id, such decision s~ not ~ect the v~dity of the reminder hereof
~ a whole or p~ thereof other th~ the p~ to be decided ~v~d.
Section 4. T~t ~ orates or p~s of ord~ces w~h co~ict
here~th be ~d the s~e is hereby repe~.
Semion 5. That t~s ordi~ce s~l he,me effective ten (10) days
~er its passage on second ~d ~ r~d~g.
PASSED ~ ~OP~D ~ re~]~ session on second ~d ~ reading
ont~sthe 2~s~ayof ~ebtua~y . . ,1995.
ATTEST:
atY-Clerk- ~ -- /
First Reading February 7, 1995
Second Reading February 21, 1995
- 3 - ORD. NO. 13-95
glT¥ DF DELRR¥ BERgH
CITY ATTORNEY'S OFFICE TM
FACSIMILE 407/278-4755 W~'s D~ ~e: (~ 243-7091
DELRAY BEACH
Ail. America City MEMO~NDUM
'llli '""Janua~27. 1995
1993 TO: David T. Harden, City ~ager
FROM: Brian Shutt, Assistant City Attorney
S~CT: Fines for P~ng Violations
Attached is a dr~ of a proposed ordinance increasing the Ciw's p~ng fines to be
consistent with the mounts discussed by the City Comssion on the November 8th
worksession. I have also made other ch~ges to the ordinance. For example the proposed
ordinance modifies section 71.058 by eli~nating reference to the parhng lot east of the
~drews Avenue Fire Station, w~ch is no longer in efistence, and by including reference to
the Holiday Inn No~h parhng lot whch previously had not been listed.
The ordin~ce ~her mends the following sections:
(1) Se~ion 71.999(B) sets the fines for violating the City's p~ng ordin~ces at $20.
(2) Section 71.999(C) has been added to reflect the increased fine of $30 for p~hng to
close to ~ intersection or fire hydr~e.
(3) Sections 71.999(D) and (E)(4) have been amended to provide for a fine of $200 for
parking in a handicap designated p~hng space.
(4) Section 71.999(E)(2) has been amended to provide for a fine of $20 for parhng
pe~t ~olations.
(5) Section 71.999(E)(3) has been amended to provide that the fine for violating
Sections 71.061 (D) and (E) concer~ng the brea~ng or destroying of parking meters will be
governed by the Florida Crimin~ ~schef Statute.
(6) Section 71.999(E)(5) has been deleted since it is covered in Section 71.999(E)(2).
If tbs ordin~ce meets with your approval please put it on the City Comssion agenda for
their consideration.
Please do not hesitate to call if you have any questions.
cc: Susan A. Ruby, City Attorney
Major Lincoln, Police Department