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Home My WebLink AboutO-2011-013 Downtown Parking Garage Fees ORDINANCE NO. 2011-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ARTICLE II, ENTITLED "BEACH PARKING" OF CHAPTER 6, ENTITLED "BEACHES, PARKS, WATERWAYS AND RECREATION", OF THE CITY CODE OF ORDINANCES, TO CREATE NEW PROVISIONS APPLICABLE TO PARKING IN THE DOWNTOWN PUBLIC PARKING GARAGE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Article II, entitled "Beach Parking" of Chapter 6, entitled "Beaches, Parks, Waterways and Recreation", of the City Code of Ordinances, is amended to read as follows: ARTICLE II. BEACH AND PUBLIC PARKING GARAGE PARKING Sec. 6-30.1 Parking_Garage defined. For the purposes of this Article, "parking_garage" means the structure for vehicle parking constructed next to the municipal complex (City Hall) located at 100 West Dania Beach Boulevard. Sec. 6-31. Declaration of need for charge. (a) Based on its past fiscal and financial experience, the City spends considerable sums of money in maintaining Dania Beach as a public use, public park, public beach and recreational area. Such sums are expended for such direct costs as maintainingand operating the parking garage, cleaning the beach area and recreational areas from food, trash and debris left by patrons of the area. In addition, the City has the daily responsibility and expense of cleaning the beach area from seaweed brought in by incoming tides. Also, the City has the expense of providing for lifeguards and the expense of providing for police protection to the area and the parking_garage. The City has constructed various pavilions, benches, picnic tables, toilet facilities, and shower facilities, and is engaged in a continuous program of maintaining and updating such facilities. use of a meter- vehiele and that faest pa4fens of the beaeh park their- fneter- vehieles at Dania (b) The City finds that, under its police power, it is obligated to make a charge to the patrons of both Dania Beach and the parking garage Dania Beasy that will be reasonable and will have some reasonable relationship to the actual costs of maintaining each of the City's Dania Beach facilities. Expressly, the commission finds and determines that this aArticle is adopted under the police power for the purpose of deriving sufficient revenues to pay the approximate costs of maintaining both the parking garage and Dania Beach. It is not the intent and purpose of this aArticle that same be in the nature of a general revenue ordinance which will produce large profits for the City. Sec. 6-32. Method of imposing charges. The City commission finds that the only reasonable way to charge patrons for the use of Dania Beach is by the installation of parking meters at all areas of Dania Beach and a gate-arm parking system at the parking garage as designated by the City manager. The operation of said such parking meters and gate-arm parking system shall be governed by and subject to the provisions of Chapter 25, Article III, Division 3, entitled "Parking Meters." Sec. 6-33. Schedule of charges. (a) Dania Beach. The City commission has established the following parking fees to be charged the owner or operator of each motor vehicle parking at Dania Beach parking areas of the City between the hours of 8:00 a.m. and 6:00 p.m. daily: (a)(1) There shall be a charge of one dollar fifty cents ($1.50) for each hour or any fraction of an hour of parking time. This charge shall become effective October 1, 2007. (b) (22) Any resident of the City shall be exempt from the payment of charges as set forth in subsection (al) hereinabove by obtaining a parking permit (sticker) from the City. The permit (stiekfer-) shall be available from the City in the form of a decal, which must be affixed to the exterior lower left corner of the rear window of the vehicle, or if the vehicle is a convertible, it must be affixed to the left of the license plate on the rear bumper. The parking permits (stisler-S) shall be issued annually to correspond with the City's fiscal year, and a charge of forty-five dollars ($45.00) per year for a resident permit, plus Florida sales tax, shall be paid to the City for each such parking permit issued; provided, however, that any senior citizen resident who demonstrates to the City that his or her age is fsixty-five (5565) or more, owns property in the 2 ORDINANCE#2011-013 City and resides in the City on a part-time or full-time basis shall be entitled to such a permit (stieker-) upon payment of a fee of twenty-five dollars ($25.00),plus sales tax. (b) Parking Garage: The City commission establishes the following parking fees to be charged the owner or operator of each motor vehicle parkin at the parking garage: (1) After one (1) hour of free parking, there shall be a charge of one dollar ($1 00) for each hour or any fraction of an hour of parking time. Persons conducting business at City Hall or the County Library (including Library employees) may have their parking validated by authorized employees of these establishments resulting in free parking garage use There shall be a minimum charge of ten ($10.00)dollars for any lost ticket. (2) AU employee of a downtown City business establishment (which shall be defined as a business operating with a valid and active business tax receipt located within 440 yards of the City garage) shall have the option in lieu of paving for hourly parking, to purchase a monthly parking permit for parking of the employee's vehicle in the City garage after providing documentation of his or her current employment by a downtown business establishment and submission of a current vehicle registration and driver's license to Cif staff who will research and confirm the existence of the business tax receipt registration and license before issuing a parking_garage permit. The parking garage permit shall be available from the City in the form of a decal, which must be affixed to the exterior lower left corner of the rear window of the specified individual's vehicle, or if the vehicle is a convertible, it must be affixed to the left of the license plate on the rear bumper. The permits shall be issued by the Finance Department and a charge of forty-five dollars ($45.00) per month or any part of a month for a garage permit, plus Florida sales tax, shall be paid to the City for each such permit issued. Any senior citizen resident who demonstrates to the City that his or her age is's six -five (65) or more, owns property in the City and resides in the City on a part-time or full-time basis shall be entitled to such a permit upon payment of a fee of twenty-five dollars ($25.00)per month or any part of a month,plus sales tax. 3 ORDINANCE#2011-013 (3) City Administration may direct and authorize that City garage parking be made available at no charge for a period of forty-five (45) minutes before and thirty (30) minutes following the completion of public meetings scheduled and conducted by the City. (4) There shall be no overnight parking allowed in the garage. The City Administration shall monitor and enforce this prohibition through its review and ticketing of parked vehicles. The City may also have any such vehicle removed from the garage by towing it. (,c� The word "resident," as used in this section, shall mean a person who lives in the City and who submits a copy of a current Florida motor vehicle registration or a true copy of an existing fully executed lease agreement for a motor vehicle registered in Florida to verify the owner/applicant's name, and, in addition, a current utility bill or voter's registration card in the same name and showing a Dania Beach address. If the applicant provides a motor vehicle registration showing registration outside of the state, the permit fee for the Dania Beach permit shall be seventy-five dollars ($6075.00), plus sales tax, unless the person qualifies for the twenty-five dollar($25.00) Dania Beach permit specified above. If the applicant is a lessee of the motor vehicle to which the permit (stieker) is to be affixed, such lessee, after proof of City residency has been demonstrated to the City, shall pay an additional sum of t+i#-ytwenty dollars ($320.00) for the Dania Beach permit at the time of issu neereturn of the permit (stieler-) which remaining full ' sum shall be returned to the lessee, without interest, upon return of the Dania Beach permit (sticker-) to the City e er-kfinance department The owner of a business located in the City shall be issued one (1) parking permit upon payment of such fee and by presenting a copy of the business tax receipt issued to such business and a copy of the motor vehicle registration form to show that both were issued in the same name. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance, are repealed to the extent of such conflict. 4 ORDINANCE#2011-013 Section 4. That this Ordinance shall take effect immediately upon its passage and adoption. PASSED on first reading on April 12, 2011. PASSED AND ADOPTED on second reading on April 26, 2011. liltl,-- A,ca�� pM'S F�gsT PATRICIA A: FLUR MAYOR—COMMISSIONER ATTEST: oqn,�, 10A U�J LOUISE STILSON, CMC CITY CLERK A ° APPROVED AS T O ND CORRECTNESS: / 1, , THOW4ASJ. ANSBRO CITY ATTORNEY 5 ORDINANCE#2011-013