Ord 26-03ORDINANCE NO. 26-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING CHAPTER 71, "PARKING
REGULATIONS", SUBSECTION 71.030(B),
"REQUIREMENTS FOR IMMOBILIZATION CONTRACTOR
OR PROPERTY OWNER", TO PROVIDE FOR A CHANGE
IN THE FEES AND PAYMENT PROVISIONS AND TO
CLARIFY OTHER MINOR ITEMS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEAI.F.R CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission has determined it to be in the public's best interest to
provide for a change in the fees and payments provisions and to clarify other minor items of the
ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances of the
City of Delray Beach, is hereby amended by amending Section 71.030, "Immobili~.afion
Regulations", Subsection (B), "Requirements for Immobili~.ation Contractor or Property Owner"
to read as follows:
Sec. 7L030 IMMOBILIZATION REGULATIONS.
(B) Requirements for Iraraobih'~ation Contractor or Property Owner. A property owner or
immobilization contractor, to be in compliance with the provisions of this Section, must comply
with the following requirements:
(1)
Notice. Property owners are required to post notice if vehicles are subject to
immobilization.
The notice must clearly indicate on a sign that parking is reserved for
customers only and unauthorized vehides will be subject to
immobilization at the owner's expense.
The notice must also provide the name and telephone number of the
person or firm immobili~.ing the vehicle, the fee for the removal of
the immobilization device, such fee not to exceed a maximum rate of
(3)
...... c_.A fifty dollars ($~5_0.00), and acceptable methods of
payment. Such methods shall include cash, check payable in U.S.
funds and credit cards. If the property owner or immobil/zation
contractor does not accept credit cards, they may require the vehicle
owner sign an invoice for payment prior to removal of the
immobili~.afion device.
The notice shall read substantially, in not less than three (3) inches
high, light reflective letters on a contrasting background, the words
"RESERVED PARKING"; in not less than one and one-half (1/2)
inches high, light reflective letters on a contrasting background, the
words "Customers of (insert name of facility) Only--Unauthorized
Vehicles Subject to Immobilization and a Fee of ~-cnD-~;-¢ fifty
dollars ($~50.00)"; in not less than three-quarters of an inch high,
light reflective letters on a contrasting background, the words "To
Remove Immobili~.afion Device Calk (insert name, address and
telephone number to call to request removal of the immobili~.afion
device)".
Notice must be prominently placed at each driveway access or curb
allowing vehicular access to the property and within five (5) feet from
the Public Right-of-Way line.
(e)
The sign structure containing the required notices must be
permanendy installed with the bottom of the sign not less than four
(4) feet above ground level and must be continuously maintained on
the property for not less than twenty-four (24) hours prior to the
immobilizing of any vehicles.
(0
The City is authorized to requite permitting and inspection of these
signs prior to any mobilizing of vehicles being authorized.
Inspection of Real Property ~vhere Immobilization is Used to Enforre Parking Restrictions. The
property owner shall provide access to the City Manager or his designee in order to
inspect the required signs on premises where immobilization is used to enforce
parking restrictions.
Notification to Oumer. Prior to immobili~.afion, the property owner or immobili~.afion
contractor's representative shall attempt to notify the owner, operator, or person
legally in control of the vehicle to have that person retrieve it promptly before the
vehicle is immobili~.ed. Notification to a person within reasonable access shall be
made by a verbal warning.
2 ORD. NO. 26-03
(4)
(5)
(8)
(9)
Method of Immobilization. Immobili~.ation shall be accomplished by placi~ a steel boot
or comparable immobili~.afion device to the front wheel on the driver's side of the
motor vehicle. The steel boot or comparable immobili~afion device may be placed
on any other wheel if placement on the front wheel on the driver's side is not
feasible.
IVarning Sign Requirement. Upon immobilization, the property owner shall affix a
warning notice written in English, e_~_:~. ~_.~ t-.~A~_ on the driver's side window
of the vehicle, indicating that the vehicle is immobili~.ed and that any attempt to
move it will cause damage, and shall provide the telephone number to contact for
release of the immobili~.ation device, and the fee for its removal. The warning sign
shall be in a form acceptable to the City.
~lvailabilt~ and Re~)anse Time. The property owner or immobilization contractor shall
make available on a twenty-four-hour, seven-days-a-week basis, attendants and
equipment for the timely release of the immobili~.afion device. The immobili~.afion
contractor is required to remove the immobilization device from the vehicle within
"-:~'~..~ sixty (36_0) minutes of a call for said service by the owner of the immobili~.ed
vehicle.
Record of Contracts. The property owner or immobili~.afion contractor shall file and
maintain on record at all times with the City Manager or his designee a list of any and
all current written contracts for immobili~.afion services on private real property
within the City limits. The list shall be kept current and shall provide the City with:
(a) The address of the real property;
(b) The date of the agreement;
(c) A contact name and tdephone number at the premises.
Insurance. The property owner or immobili~.afion contractor shall file with the City's
Risk Manager and have in effect an insurance policy or certificates of insurance in
lieu thereof, which shall indemnify or insure the property owner or immobilization
contractor for all claims of damage to property resulting from any action or
operation in connection with the service performed, such mount not to be less than
twenty thousand dollars ($20,000.00) for each incident.
Recordkaq)ing Procedures. The property owner or immobili~.ation contractor shall keep
an immobili~.afion log with information including, but not limited to, date and time
the vehicle was observed illegally parked, compliance with subsection 0) of thi.q
3 ORD. NO. 2643
Section, the date and time of immobili~.ation, the location/address of the real
property where the immobili~.ation took place, make, model, color and license tag
number of the vehicle immobili~.ed. In addition, the immobili:,.ation contractor shall
include in the log the following release information: verification of vehicle
ownership, the name of the person removing the steel boot or comparable
immobilization device and the name of the person requesting the service, if
applicable. All files, records and logs shall be available for inspection and checking
on the subject premises during normal working hours by the City Manager or his
designee.
(10)
Ethics and Conduct. The property owner and immobili~,.ation contractor shall conduct
their business in an orderly, ethical and business-like manner at all times, and shall
use every means to obtain and keep the confidence of the motoring public. All
public contact shall be courteous.
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 AN~ ADOI~ED
day of ~
in regular session on second and final reading on this the
,2003.
City Clerk
First Reading~
Second Reading~z'x/
4 ORD. NO. 26-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # \~ - REGULAR MEETING OF AUGUST 19, 2003
ORDINANCE NO. 26-03 (AMENDING CHAPTER 71, SUBSECTION
71.030(B))
AUGUST 15, 2003
This ordinance is before Commission for second reading and public hearing to amend Chapter 71,
"Parking Regulations", Subsection 71.030(B), "Requirements for Immobili:,.ation Contractor or
Property Owner". Ordinance 26-03 provides for changes in the fees and payment provisions,
language of warning notices, and length of response time for the removal of the immobilization
device.
At the first reading on August 5, 2003, the City Commission passed Ordinance No. 26-03.
Recommend approval of Ordinance No. 26-03 on second and final reading.
S:\City Cle~k\chevelle folde~\agenda memos\Oed.26.03.8.19.03
TO:
THRU:
FROM:
SUBJECT:
DA~[~Pc~RI~~TY.MANAGER
..~COTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF AUGUST 5, 2003 - REGULAR AGENDA
APPROVE ORDINANCE 26-03 AMENDING PORTIONS OF THE CITY
CODE OF ORDINANCES CHAPTER 71, SECTION 71.030,
"IMMOBILIZATION REGULATIONS"
A recent inquiry from a commercial property owner initiated an evaluation of the City Code of
Ordinances Chapter 71, Section 71.030. The concern was that some of the requirements of
the ordinance are too restrictive making the immobilization of vehicles illegally parked on
private property unfeasible. The request was made to amend the ordinance so the property
owner could have illegally parked vehicles immobilized rather than towed.
Staff agrees that the immobilizing vehicle is a preferred method of enforcement over towing
for the following reasons:
1. The vehicle remains in the same place it was parked by the vehicle owner,
2. Vehicle owner is not required to travel to desolate impound yards and,
3. Cost to remove immobilization device is less expensive than redemption after being
towed.
Staff suggests the following changes to City Code of Ordinances Chapter 71, Section
71.030:
Increase the maximum fee which could be charged for the removal of the
immobilization device from $25 to $50,
If the property owner or Contractor is unable to accept credit cards they can invoice
the vehicle owner for payment at a later date,
Extend the maximum response time to remove the device from 30 to 60 minutes and,
Require the warning notices affixed to the vehicle window to be in English only (the
current requirement is English, Spanish and Creole).
These changes shall be accomplished through the adoption of Ordinance No. 26 - 03
(attached for your review)
At their meeting of July 10, 2003, the Development Services Management Group reviewed
and supported the above modifications.
By motion, approve on first reading Ordinance No. 26-03 amending City Code of Ordinances
Chapter 71, Section 71.030 and set a public hearing for August 19, 2003.
Attachment:
ORDINANCE NO. 26-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DE1.RAY BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DE1.RAY
BEACH, BY AMENDING CHAPTER 71, "PARKING
REGULATIONS", SUBSECTION 71.03003),
"REQUIREMENTS FOR IMMOBILIZATION CONTRACTOR
OR PROPERTY OWNER", TO PROVIDE FOR A CHANGE
IN THE FEES AND PAYMENT PROVISIONS AND TO
CLARIFY OTHER MINOR ITEMS; PROVIDING A SAVING
CLAUSE, A GENERAL REPEAI.F.R CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission has determined it to be in the public's best interest to
provide for a change in the fees and payments provisions and to clarify other minor items of the
olrdinallce.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, '~Parking Regulations", of the Code of Ordinances of the
City of Delray Beach, is hereby amended by amending Section 71.030, "Immobilization
Regulations", Subsection (B), "Requirements for Immobilization Contractor or Property Owner"
to read as follows:
Sec. 7L030 IMMOBILIZATION REGULATIONS.
03) tDquir~ments for Immobi~ation Contractor or Property Oamer. A property owner or
immobili~.ation contractor, to be in compliance with the provisions of this Section, must comply
with the following requirements:
(1)
Notice. Property owners are required to post notice ff vehicles are subject to
immobili~.ation.
The notice must dearly indicate on a sign that parking is reserved for
customers only and unauthorized vehicles will be subject to
immobilization at the owner's expense.
The notice must also provide the name and telephone number of the
person or firm immobili~.ing the vehicle, the fee for the removal of
the immobilization device, such fee not to exceed a maximum rate of
the immobili~.ation device, such fee not to exceed a maximum rate of
.....~,-~--~ ---,~:"- fifty dollars ($~q50.00), and acceptable methods of
payment. Such methods shall include cash, check payable in U.S.
funds and credit cards. If the property, owner or immobilization
Contractor does not accept credit cards, they may require the vehicle
owner sign an invoice for payment prior to removal of the
immobili~.ation device.
The notice shall read substantially, in not less than three 0) inches
high, light reflective letters on a contrasting background, the words
"RESERVED PARKING"; in not less than one and one-half (1/2)
inches high, light reflective letters on a contrasting background, the
words "Customers of (insert name of facility) Only--Unauthorized
Vehicles Subject to Immob/li~.ation and a Fee of ..... ~:--- fifty
dollars ($~.5_0.00)"; in not less than three-quarters of an inch high,
light reflective letters on a contrasting background, the words "To
Remove Immobili~,.ation Device Call: (insert name, address and
telephone number to call to request removal of the immobilization
device)'*.
Notice must be prominently placed at each driveway access or curb
allowing vehicular access to the property and within five (5) feet from
the Public Right-of-Way line.
The sign structure containing the required notices must be
permanently installed with the bottom of the sign not less than four
(4) feet above ground level and must be continuously maintained on
the property for not less than twenty-four (24) hours prior to the
immobili~.ing of any vehicles.
(0
The City is authorized to require permitting and inspection of these
signs prior to any mobilizing of vehicles being authorized.
(2)
In{pec~on of Real Property ~vhert Immobilization is Used to Enforce Parking Restn'ctions. The
property owner shall provide access to the City Manager or his designee in ozder to
inspect the required signs on premises where immobilization is used to enforce
parking restrictions.
(3)
Notificaa'on to Owner. Prior to immobili~.ation, the property owner or immobiliv, ation
contractor's representative shall attempt to notify the owner, operator, or person
legally in control of the vehicle to have that person retrieve it promptly before the
2 ORD. NO. 26-03
(5)
(6)
(8)
vehicle is immobilized. Notification to a person within reasonable access shall be
made by a verbal warning.
Method oflmmobili~.ation. Immobilization shall be accomplished by placing a steel boot
or comparable mobilization device to the front wheel on the driver's side of the
motor vehide. The steel boot or comparable immobilization device may be placed
on any other wheel if placement on the front wheel on the driver's side is not
feasible.
lVarning Sign Requirement. Upon immobili~.ation, the property owner shall affix a
warning notice written in English, e-_-:~u __a r_~_~_ on the driver's side window
of the vehicle, indicating that the vehicle is immobili~.ed and that any attempt to
move it will cause damage, and shall provide the telephone number to contact for
release of the immobili~.afion device, and the fee for its removal. The warning sign
shall be in a form acceptable to the City.
Availability and Response Time. The property owner or immobili~.afion contractor shall
make available on a twenty-four-hour, seven-days-a-week basis, attendants and
equipment for the timely release of the immobilization device. The immobilization
contractor is required to remove the immobilization device from the vehicle within
thaW sixty. (36_0) minutes of a call for said service by the owner of the immobilized
vehicle.
Record of Contracts. The property owner or immobili~.ation contractor shall file and
maintain on record at all times with the City Manager or his designee a list of any and
all current written contracts for immobilization services on private real property
within the City limits. The list shall be kept current and shall provide the City with:
(a) The address of the real property;
(b) The date of the agreement;
(c) A contact name and telephone number at the premises.
Insurance. The property owner or immobilization contractor shall file with the City's
Risk Manager and have in effect an insurance policy or certificates of insurance in
lieu thereof, which shall indemnify or insure the property owner or immobili~.ation
contractor for all claims of damage to property resulting from any action or
operation in connection with the service performed, such amount not to be less than
twenty thousand dollars ($20,000.00) for each incident.
3 ORD. NO. 26-03
tDcordkeq)ing Procedures. The property owner or immobilization contractor shall keep
an immobilization log with information including, but not limited to, date and time
the vehicle was observed illegally parked, compliance with subsection (3) of this
Section, the date and time of immobilization, the location/address of the real
property where the immobili~.afion took place, make, model, color and license tag
number of the vehicle immobili~.ed. In addition, the mobilization contractor shall
include in the log the following release information: verification of vehicle
ownership, the name of the person removing the steel boot or comparable
immobili~.afion device and the name of the person requesting the service, if
applicable. All files, records and logs shall be available for inspection and checking
on the subject premises during normal working hours by the City Manager or his
designee.
(10)
Ethics and Conduct. The property owner and immobilization contractor shall conduct
their business in an orderly, ethical and business-like manner at ail times, and shall
use every means to obtain and keep the confidence of the motoring public. All
public contact shall be courteous.
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 juri.~diction 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 regular session on second and final reading on this the
day of ,2003.
ATTEST
MAYOR
City Clerk
Fkst Reading
Second Reading
4 ORD. NO. 26-03
A P~UC HEARIN6 MI I~ Mid m f~