Ord 19-03ORDINANCE NO. 19-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BF.,ACH, FLORIDA, AMENDING
ORDINANCE NO. 14-02 THAT PROVIDED FOR THE
IMMOBILIZATION OF VEHICLES BY THE CITY FOR
THE COLLECTION OF OUTSTANDING PARKING
FINES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHERRAS, Ordinance No. 14-02 was adopted on May 21, 2002 and provided for the
immobilization of vehicles by the City for failure to pay outstanding parking fines issued by the City;
and
WHEREAS, the City Commission desires to amend Ordinance No. 14-02 in order to clarify
that the amount of the outstanding fines or penalties shall not be required to be placed on the
window sticker affixed to the vehicle that is immobilized.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Paragraph "D" of Ordinance No. 14-02 of the City of Delray Beach is
hereby amended to read as follows:
(D) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be
affixed to the windshield and to the left front window (drivers side) stating that the immobili:,.ing
device has been attached and cautioning the operator not to attempt to operate the motor vehicle or
to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the
hicle ~c ,L ..... ~ ...... ~c ~:..n ....~.'- ......... a .._-:__ .t._ _:.....~_~ c .... t.:_u that the
motor ve ........ ,~ ..... t ..... t- ............. o ,~ ~..,~,, ....................
motor vehicle is mobilized because of civil penalties assessed due to unpaid citations, plua 'kc that
a removal charge for removal of the immobilizing device has been incurredo and the location to
which the owner or operator must go in order to pay the civil penalties and removal charge and have
the immobili~.ing device removed from the motor vehicle.
Section 2. That 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 hereof as a whole or part thereof other than
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective mediately upon its passage on
second and final reading.
PASSEI~kl~. ADOPTED
~ day of ~
ATYEST
City Clerk
First Readin~
Second Rea~f~~~
in reg~dar session on second and final reading on this the
,200c~ .
(_~/.,//'l~I/~ Y 0 R -
2 ORD. NO. 19-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # I [~ ~ . REGULAR MEETING OF_'[LILY 22. 2003
ORDINANCE NO. 19-05 (AMENDING ORDINANCE NO. 14-02)
DATE: JULY 18, 2003
This is second reading and public hearing for Ordinance No. 19-03 amending Ordinance No. 14-02,
by eliminating the requirement for the amount of civil penalties assessed, to be displayed on the
window of a vehicle when the vehicle has been immobilized due to unpaid citations.
At the first reading on July 8, 2003, the City Commission passed Ordinance No. 19-03.
Recommend approval of Ordinance No. 19-03 on second and final reading.
S:\City Clerk\chevelle folde~\agenda memos\Or&19-03.?.22.03
TO:
MANAGER
THRU:
FROM:
-"SCOTT ARONSONI
OF PLANNING & ZONING
tKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF JULY 8, 2003 - REGULAR AGENDA
ADOPTION OF ORDINANCE 19-03 AMENDING ORDINANCE 14-02 WITH
REGARDS TO THE IMMOBILIZATION OF VEHICLES BY THE CITY FOR THE
COLLECTION OF OUTSTANDING PARKING FINES
Ordinance 14-02 allowed the City to immobilize vehicles for failure to pay outstanding parking citations.
The ordinance has not yet been implemented due to a concern that the placement of stickers on the
windshield and drivers window of the vehicle might create certain liabilities if the stickers were not
removed subsequent to payment and removal of the immobilization device.
To alleviate this potential liability, a sticker that can be easily removed from the vehicle was needed. It
was determined that 'static window decals", similar to those used by automobile mechanics to note oil
change schedules would be appropriate.
Ordinance 14-02, Section (D) required the amount of civil penalties to be written on the sticker pdor to
being affixed to the vehicle. When sampling the decals with a vadety of pens and markers it was
discovered that they all smudged. In an effort to avoid any potential challenges to the ordinance due to
the information being illegible, it was determined that an amendment to the ordinance was in order.
Ordinance 19-03, (attached) achieves this through the following modification:
(D) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the
windshield and to the left front window (drivers side) stating that the immobilizing device has been
attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove
the immobilizing device. The notice shall inform the owner or operator of the motor vehicle ef-the-tetal
...... ~ of "~";' ....'~ ......... ,~ ,,,~,4~., ,~.. ,.;~.,~;,,,~.. ~,.,, :':h!ch that the motor vehicle is immobilized
because of civil penalties assessed due to unpaid citations, ph:~4he that a removal charge for removal of
the immobilizing device has been incurred, and the location to which the owner or operator must go in
order to pay the civil penalties and removal charge and have the immobilizing device removed from the
motor vehicle.
This was discussed at the Development Services Management Group on June 19, 2003 with direction to
proceed by amending Ordinance 14-02.
By motion, adopt Ordinance 19-03 eliminating the requirement for the amount of outstanding fines to be
placed on the window sticker.
Attached:
[] Ordinance 19-03
ORDINANCE NO. 19-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF.I.RAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 14-02 THAT PROVIDED FOR THE
IMMOBILIZATION OF VEHICLES BY THE CITY FOR
THE COI.I.ECTION OF OUTSTANDING PARKING
FINES; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 14-02 was adopted on May 21, 2002 and provided for the
irnmobili~.ation of vehicles by the City for failure to pay outstanding parking fines issued by the City;
and
WHEREAS, the City Commission desires to amend Ordinance No. 14-02 in order to clarify
that the amount of the outstanding fines or penalties shall not be required to be placed on the
window sticker affixed to the vehicle that is irnmobili~.ed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DE!,RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Paragraph '~D" of Ordinance No. 14-02 of the City of Delray Beach is
hereby amended to read as follows:
(D) At the time that an immobili~.ing device is attached to a motor vehicle, a notice shall be
affixed to the windshield and to the left front window (drivers side) stating that the immobili~.ing
device has been attached and cautioning the operator not to attempt to operate the motor vehicle or
to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the
hi le f th ....... .... , ~c _:_.a ....,~ ......... a .._a~_ .u~ _:.~..'~__ c ..... t.:_u that th
motor ye c o ,. ........ t ...... to ................ ,., ..................
motor vehicle is immobili~.ed because of civil penalties assessed due to unpaid citations, -~'--
to.~., thc that
a removal charge for removal of the mobilizing device has been incurred, and the location to
which the owner or operator must go in order to pay the civil penalties and removal charge and have
the immobili~,.ing device removed from the motor vehicle.
Section 2. That 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 hereof as a whole or part thereof other than
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regmlar session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
Fit-st Reading
Second Reading
2 ORD. NO. 19-03
I1~11~ II). 14-~ TI~T FI~MOED