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05-92 ORDINANCE NO. 5-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 71, "PARKING REGULATIONS", BY AMENDING SECTION 71.091, "LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS", BY ENACTING A NEW SUBSECTION (F), TO PROVIDE THAT TItE CLERK OF THE COURT OR THE TRAFFIC VIOLATION BUREAU SHALL SUPPLY THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES WITH A MAGNETICALLY ENCODED COMPUTER TAPE REEL OR CARTRIDGE T~AT IS MACHINE RF~ABLE BY THE INSTALLED COMPUTER SYSTEM AT THE DEPARTMENT, LISTING PERSONS WHO NAVE THREE OR MOR~ OUTSTANDING PARKING TICKETS FOR THE PURPOSE OF PLACING ADMINISTRATIVE STOPS ON THE ISSUANCE OF LICENSE PLATES OR REVALIDATION STICKERS OF THOSE PERSONS A~FEARING ON THE LIST; PROVIDING A - GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, in order to provide for a more effective collection of outstanding parking ticket fines is desirous of implementing an ordinance as authorized by Florida Statutes Section 316.1967(6) as amended by Chapter 91-180 of the Laws of Florida; and, WHEREAS, Florida Statutes Section 316.1967(6) was amended in 1991 to provide that a City may, by ordinance, require the Clerk of the Court or the Traffic Violation Bureau to supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape, reel or cartridge which is machine readable by the installed computer system at the Department, listing persons who have three or more outstanding parking violations; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of having the Department of Highway Safety and Motor Vehicles mark the appropriate registration records of persons so reported; and, WHEREAS, Florida Statutes, Section 320.03(8) as modified by Chapter 91-180 of the Laws of Florida provides that if an applicant's name appears on the list, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until he presents a receipt from the clerk showing that such parking fines have been paid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Chapter 71, "Parking Regulations", Section 71.091, "Liability for Payment of Parking Ticket Violations", of the Code of Ordinances of ths City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subsection (F), to read as follows: (F) The Clerk of the Circuit Court or the Traffic Violations Bureau shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which ia machine readable by the installed computer system at the Department, listin~ persons who have three or more outstandin~ parkin~ violations. The Department shall mark the appropriate registration records of persons so reported. If the applicant's name appears on the liar referred to herein, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the Clerk showin~ that such parktn~ fines have been paid. 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 effect the validity of the remainder hereof as a whole or a 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 passage on second and final reading.- PASSED AND ADOPTED in regular session on second and final reading on this the llth day of February, 1992. ATTEST: ICity CleFk · First Reading January 14, 1992 Second Reading February 11, 1992 - 2 - ORD. NO. 5-92 TNICT: BY EELETTERII~ StJ~ PAR~ ~G)(S)(eJ AND ......... - I~ C~U~; PROVI~ A RE-  ~JJJ ~ALER C~USE: P*,O,~ AN E~FE~IVE A PU~IC H~RI~ ~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ AN ~DI~E ~ THE Cl~ C~ RATON~DELRAY ~ACfl BOYNTOH BEACfl~ DEERFIELD fl~ACH m~), ~ T~, ~ 1I, MI~I~ ~ THE CITY OF DELRAY ~OCA 1~ in ~ C~ ~ ~ B~CH, FLOJIOA, ~EN~NG TI- ~ Iff N.W. lJ A~ ~ TLE V, 9UILIC ~K~, CHAPTER ~, ~ ~ ~ ~ C~ ~ ~ ~R~, SUBHEADING s~ ~11 c~ ~ ~. ~ ~TE~ AND CH~RGE~, OF THE ~ ~ffl~s)~y ~ ~ C~ ~ ORDINANCES OF THE Ci~ Hall, ~ N.W. Ig A~ ~ D~ BY ~ENOfNG SECTION ~.~ Mondayu~ ~,~ro~'~ ~nday ~, ~, ~ ,:. A~. ~ s:. ~.v~ .Am A.~ p.M., ~y ~ Fr~, ~ SU~CTI~ IBHI), TO CORRECT Boca Rato~t P~lm Be~c~ Co~y, FloF~d~ vi~ ~1 i~ = ~ e~ ~ ~ ~ ~ICHTHE ~ERmE C~OITyOF GALLONScHARGE Delray Beach, ~al~ Be~ch ColoNy, Florld~ ~~di~: c~;IS ~D;PROViDiNGPROVIDINGA AGENERAL~VING ~t~ REaR C~USE; PROVIDING AN EFFECTIVE DATE AN ORDINANCE OF THE CITY C~ MI~I~ OF THE CITY OF DEL~Y ~ ~ ~ .~c~ ~.o .~s~.~ ~. O.O~.A.C~ o~ ~.E C,r~ C~ ~AU~V~ C~.aAU O~ C.*.TE. ~. ~,W~ O.~.S~ A.O TRICT; ~ID ~ND BEING LOTS ~ EME~GENCIE~ OF THE CODE OF Before the undersigned authority personally ...cuD. ~. eL~ .. ~ O.D,.A.C. ~o... C,T. O~ J PARK, ACCORDI~G TO THE P~T DELRAY BEACH FLORtOA, 8Y appeared Nancy Smith. Inside Sales Man- ~..o~ ..0.~. ,..~. .~,.~ c.... ager of The News, daily newspapers pub- ~ .co.~ ~ .~ .AC~ C~. .ov,~ . ~.~E~.~ ~ TY, FLORIDA, A~ BEI~ ~E DEC~RATIOg OF EMERGENCIES, J PARTICU~RLY DE~RIBED PROVIDING FOR DEFINITIONS; lished in Boca Baton in Falm Beach County, ..~,.~ ..~ ~.~,~ ~,~ ...~,~,~,.. o~ .o~,~,~.~ OI$T"tCT ~P, OELRAY "~C". EMEEGE"CY ~NAGEMENT Florida; that the attached copy of advertise- ~o.,~ --; ...,.,- . s..uc.u.; ~.E.s, GENERAL REP~LER. C~USE; AND RES~NSIBILITIES; OEC~. ment was published in said newspapers in ..0v,~,.~ ~ ~v,.~ c~us.; ~.,o. o~ s... 0~ PROVlDINGAN EFFECTIVE DATE. CY; TERMI~TiON OF A STATE OF ~ERGENCY; ~LICE EMERGE~ the issues of: ~-~ c,.; ~.. ~...~.~ ~. T~RIALS EMERGENCIES; ~TILITY AN ORDINANCE OF THE CITY C~ ~ERGENCI/S; WEATHER EMRO. ~CH, FLORI~ ~NDI~ BUiLOI~ EEGU~TtON~; CERT~-  __ CHAPTER ~ ~ONING EEGU~ FICATION OF E~EEGENCY CONOI- TION~, SECTION ~4.~ TION~ AND PENALTIES; '~UT~T~VE C~ERCiAL (AC) 1~ A' GENERAL DI~RIC~, SUBSECTIOfl ~G), C~USE; RESIDING A SAVING ~U~LEMENTAL DISTRICT RE~ C~USE; AND PROViDiNG AN ~TI~, ~P THE ~ND ~L- FECTIVEDATE OPMENT REGU~TIONS OF THE [CITY OF DELRAY BEACH, FLORI- ~N ORDINANCE OF THE CITY MINION OF THE CITY OF DELRAY Affiant further says that The News ls a c.... T~. newspaper publisheO in Boca ~aton, in saiO ~, o~ to~,~o~ ~. Palm Beach County, Florida, Monday ~,, .o~,,o,s o~ CODE OF ORDINANCES OF THE through Sunday, and has been entered as o~... ~.o,.~ second class matter at the post office in ~'='~'c'"'O.o.~ o~ .o~,o.~0.s~.u~,o.,.~ ~"~... Boca Baton, Palm BeaCh County. Florida. ~o~..EG~.~. ~.~ "USINE~ MEETINGS EACH YEAR, for a period of one year next preceding the .Dy,Dr.*.. ,~..~,.~ first publication of the attached copy of GEgERAL~VI~ C~US/;EEPEALEEPROVlDi,Gc~uSE; advertisement; and affiant further says that : he has neither paid nor promised any :~ ~,.~.CE o~ ~.E person, firm or corporation any discount, .~c..~Lo.,oA, r~E W~, VRI~C rebate, commission or refund for the pur- ~.,,....~,.~ -~ ~gDIgG SECTIO~~ pose of securing this advertisement for pub- ~.,L,~ FOR ~..~.~ ~c~ v~o~ lication in said newspapers. · .~c.,. ~ .w ~ERK OF THE COURT-~'~. ~FFIC VlO~TION R~L SUPPLY THE ~ ~TOR VEHICLES WITH ~ ~ ~TI~LLY ENCODED C~  ~PE REEL OR ~CglgE REAOABLE tST~LLED C~TER ~ r THE DEPARTMENT;, ORE OUTSTANDI~ ~ ~0~ ~0 ~d ~o~bed be~o~ ~6 ~ CKETS FOR THE J~ THE ISSUANCE OF I~R REVALIDATION STICK- ~1HESE PER.aS APPEAR. (Seal, Notary Public. ff Florida at large) AI~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER!~' SUBJECT: AGENDA ITEM # /O ~ _ MEETING OF FEBRUARY 11o 1992 ORDINANCE NO. 5-92 DATE: February 7, 1992 This is a second reading of an ordinance amending the Code of Ordinances by enacting a new subsection to provide that the Clerk of the Court or the Traffic Violation Bureau shall supply the Department of Highway Safety and Motor Vehicles with a listing of persons who have three or more outstanding parking tickets for the purpose of placing administrative stops on the issuance of license plates or revalidation stickers. State Statutes permit cities to enhance collection of outstanding parking tickets by sending a listing to the Department of Highway Safety and Motor Vehicles. Those persons who appear on the list will not be issued a license plate or revalidation sticker until the outstanding tickets are paid. For 1991, our Police Department issued approximately 8,176 parking tickets. Of that amount, approximately 5,082 were collected, leaving 3,094 uncollected. At this time, we do not have a method for determining how many of these are third offenses; however, staff is currently working to computerize this information. Recommend approval of Ordinance No. 5-92 on second and final reading. [lTV JIF DELRfl¥ BEIICH CITY ATTORNEY'S OFFICE ~oo ~ .~ ~v~. ~,^~ ,~.~. ~o,~^ ~ FACSIMILE 407/278-4755 ~&~' ~ ~&~ ~&~ (407) ~43--709X MEMORANDUM DATE: December 31, 1991 TO: City Commission FROM: Susan A. Ruby, Assistant City Attorney SUBJECT: Collection of Parkinq Tickets - Ordinance At the request of the City Administration, our office has prepared the attached ordinance implementing Florida Statutes Section 316.1967(6). The statute permits cities to enhance collection of outstanding parking tickets by sending to the Department of Highway Safety and Motor Vehicles, a listing of those that have three or more outstanding parking violations. Those persons listed will not be issued a license plate or revalidation sticker until the outstanding tickets are paid. By copy of this memorandum to David Harden, City Manager, our office is requesting this ordinance be placed before the City Commission for consideration. Please contact me if you have any questions. Attachment cc David Harden, City Manager Chief Richard Overman, Delray Beach Police Department parktk, sar ORDINANCE NO. 5-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 71, "PARKING REGULATIONS", BY AMENDING SECTION 71.091, "LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS", BY ENACTING A NEW SUBSECTION (F), TO PROVIDE THAT THE CLERK OF THE COURT OR THE TRAFFIC VIOLATION BUREAU SHALL SUPPLY THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES WITH A MAGNETICALLY ENCODED COMPUTER TAPE REEL OR CARTRIDGE THAT IS MACHINE READABLE BY THE INSTALLED COMPUTER SYSTEM AT THE DEPARTMENT, LISTING PERSONS WHO HAVE THREE OR MORE OUTSTANDING PARKING TICKETS FOR THE PURPOSE OF PLACING ADMINISTRATIVE STOPS ON THE ISSUANCE OF LICENSE PLATES OR REVALIDATION STICKERS OF THOSE PERSONS APPEARING ON THE LIST; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, in order to provide a for more effective collection of outstanding parking ticket fines is desirous of implementing an ordinance as authorized by Florida Statutes Section 316.1967(6) as amended by Chapter 91-180 of the Laws of Florida; and, WHEREAS, Florida Statutes Section 316.1967(6) was amended in 1991 to provide that a City may, by ordinance, require the Clerk of the Court or the Traffic Violation Bureau to supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer, tape, reel or cartridge which is machine readable by the installed computer system at the Department, listing persons who have three or more outstanding parking violations; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of having the Department of Highway Safety and Motor Vehicles mark the appropriate registration records of persons so reported; and, WHEREAS, Florida Statutes, Section 320.03(8) as modified by Chapter 91-180 of the Laws of Florida provides that if an applicant's name appears on the list, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until he presents a receipt from the clerk showing that such parking fines have been paid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. (F). The Clerk of~ the Circuit Court or th~ Traffic Violations Bureau shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at. the Department~ listing persons who have three or more outstanding parking violations. The Department shall mark the approDriat~ registration records of persons so reported. If the applicants namn appears on the list referred to herein~ no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the Clerk showing that such parking fines have been paid. 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 deci- sion shall not effect the validity of the remainder hereof as a whole or a part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be the same and are hereby repealed. Section 4. That this ordinance shall become effective immediately on passage at second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 199 MAYOR ATTEST: City Clerk First Reading. Second Reading - 2 o Ord. No. 5-92 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~/~ ~ - MEETING OF JANUARY 14, 1992 ORDINANCE NO. 5-92 DATE: January 10, 1992 This is a first reading of an ordinance amending the Code of Ordinances by enacting a new subsection to provide that the Clerk of the Court or the Traffic Violation Bureau shall supply the Department of Highway Safety and Motor Vehicles with a listing of persons who have three or more outstanding parking tickets for the purpose of placing administrative stops on the issuance of license plates or revalidation stickers. State Statutes permit cities to enhance collection of outstanding parking tickets by sending a listing to the Department of Highway Safety and Motor Vehicles. Those persons who appear on the list will not be issued a license plate or revalidation sticker until the outstanding tickets are paid. For 1991, our Police Department issued approximately 8,176 parking tickets. Of that amount, approximately 5,082 were collected, leaving 3,094 uncollected. At this time, we do not have a method for determining how many of these are third offenses; however, staff is currently working to computerize this information. Recommend approval of Ordinance No. 5-92 on first reading. ORDINANCE NO. 5-92 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 71, "PARKING REGULATIONS", BY AMENDING SECTION 71.091, "LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS", BY ENACTING A NEW SUBSECTION (F), TO PROVIDE THAT THE CLERK OF THE COURT OR THE TRAFFIC VIOLATION BUREAU SHALL SUPPLY THE DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES WITH A MAGNETICALLY ENCODED COMPUTER TAPE REEL OR CARTRIDGE THAT IS MACHINE READABLE BY THE INSTALLED COMPUTER SYSTEM AT THE DEPARTMENT, LISTING PERSONS WHO HAVE THREE OR MORE OUTSTANDING PARKING TICKETS FOR THE PURPOSE OF PLACING ADMINISTRATIVE STOPS ON THE ISSUANCE OF LICENSE PLATES OR REVALIDATION STICKERS OF THOSE PERSONS APPEARING ON THE LIST; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, in order to provide a for more effective collection of outstanding parking ticket fines is desirous of implementing an ordinance as authorized by Florida Statutes Section 316.1967(6) as amended by Chapter 91-180 of the Laws of Florida; and, WHEREAS, Florida Statutes Section 316.1967(6) was amended in 1991 to provide that a City may, by ordinance, require the Clerk of the Court or the Traffic Violation Bureau to supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer, tape, reel or cartridge which is machine readable by the installed computer system at the Department, listing persons who have three or more outstanding parking violations; and, WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of having the Department of Highway Safety and Motor Vehicles mark the appropriate registration records of persons so reported; and, WHEREAS, Florida Statutes, Section 320.03(8) as modified by Chapter 91-180 of the Laws of Florida provides that if an applicant's name appears on the list, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until he presents a receipt from the clerk showing that such parking fines have been paid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. (F). The Clerk of the Circuit Court or the Traffic Violations Bureau shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the Department, listing persons who have three or more outstanding parking violations. The Department shall mark the appropriate registration records of persons so reported. If the applicants name appears on the list referred to herein, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the Clerk showing that such parking fines have been paid. 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 deci- sion shall not effect the validity of the remainder hereof as a whole or a part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be the same and are hereby repealed. Section 4. That this ordinance shall become effective immediately on passage at second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 199__. MAYOR ATTEST: City Clerk First Reading. Second Reading