HomeMy WebLinkAboutO-2016-016 Amending Sections in Chapter 25 Second Reading ORDINANCE NO. 2016-016
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 25, ENTITLED "TRAFFIC",
ARTICLE I, ENTITLED "IN GENERAL", SECTION 25-9, ENTITLED
"TRANSMISSION OF INFORMATION TO THE DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR VEHICLES", OF THE CITY CODE OF
ORDINANCES, PERTAINING TO PERSONS WHO ACCUMULATE THREE
OR MORE PARKING CITATIONS, OR VIOLATIONS FOR PARKING IN
SPACES FOR DISABLED PERSONS; FURTHER, AMENDING VARIOUS
SECTIONS OF CHAPTER 25 TO UPDATE, CLARIFY, AND REVISE SUCH
SECTIONS, INCLUDING AUTHORIZING THE USE OF ELECTRONICALLY
PRINTED PARKING CITATIONS, EXTENDING THE GRACE PERIOD FOR
PAYMENT OF CITATIONS, PROVIDING FOR A SPECIAL MAGISTRATE
PROCESS AS AN ALTERNATIVE PARKING HEARING APPEAL
PROCESS, AND INCREASING FINES FOR VARIOUS PARKING
VIOLATIONS; 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 I, entitled "In General" of Chapter 25, entitled "Traffic", and
specifically Section 25-9, "Transmission of Information to the Department of Highway Safety
and Motor Vehicles" of the City Code of Ordinances, is amended to read as follows:
Sec. 25-9. Transmission of information to the Florida Ddepartment of Hhighway Ssafety
and Mmotor Vvehicles.
The director of parking enforcement or his or her authorized agent shall is authorized an
required to supply the State of Florida Department of Highway Safety and Motor Vehicles
(hereinafter- the "Ddepartment") with a magnetically encoded computer tape reel or cartridge,
which is machine readable by the Ddepartment's computer system or send by other electronic
means data which is machine readable by the computer system at the Department, listing names
of persons who have three (3) or more outstanding parking violations or one I ^r ,.orlon .yhe
have outstanding violations of section 25-46 of the City of Dania Beach Code of Ordinances €er
pertaining to unauthorized parking in spaces designated for use by disabled ^r handieappe
persons.
Section 2. That Article III, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled"Traffic", Division 2, entitled"Enforcement", and specifically Section 25-72, "Authority
to Issue Citations for Non-moving Violations" of the City Code of Ordinances, is amended to
read as follows:
Sec. 25-72. Authority to issue citations for non-moving violations.
Parking enforcement specialists, police officers and duly certified code enforcement
officers who possess the same required certification are authorized to issue citations for non-
moving violations of this chapter. The City Commission shall designate those non-moving
violations for which fines shall be established and accepted and shall further specify by suitable
schedules the amount of such fines,provided such fines are within the limits provided by law.
Section 3. That Article III, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled "Traffic", Division 2, entitled "Enforcement", and specifically Section 25-74, "Parking
Tickets" of the City Code of Ordinances, is amended to read as follows:
Sec. 25-74. Parking tickets.
The city manager is authorized to utilize printed have a gaR*'�of parking fiekets
citations or electronical citations, printed by use of a mobile device printed in substantially the
form her-ei prescribed in this section. with eaeh said tieket t ,.,,ntai, an envelope t be used ;
the manner hereina€tef «er-ibea�nd said The met citation is hereb authorized as a proper
notice to be given by the police department or authorized city personnel to persons parking
motor vehicles ante es illegally or improperly. Service of said fieke a citation may be made
by leaving same in er it on the parked automobile. RR4her, the eit-y manager is dir-eeted to instaH
a proper- bex or- Y-eeeptaele fef the eelleefien of the fine for- violatien ef the par-king me
of this arfiele-.
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Section 4. That Article I11, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled "Traffic", Division 2, entitled "Enforcement", and specifically Section 25-75, "Notice of
Illegally Parked Vehicles" of the City Code of Ordinances, is amended to read as follows:
Sec. 25-75. Notice of illegally parked vehicles.
(a) Whenever any vehicle is found parked, stopped or standing in violation of any of the
restrictions imposed by any ordinance of this the city, or state statute, the officer or
parking enforcement specialist finding such vehicle shall issue a parking citation in the
form to be approved by the city manager and shall conspicuously affix this the citation to
the vehicle in violation. This The citation shall notify the person responsible for the
vehicle to pay the fine indicated on the citation within thigy 30) dus r^..t., oigm (^4`
fours from the date of issuance at the in the manner specified on the citation,
exeluding Satufdays, Sundays and legal holidays.
(b) If the fine indicated on the citation is not paid within the thirty (30) dqyperiod f
f'14`�exeluding Satwdas, Sundays and lega4 holidays, an additional fine of forty
dollars $40.00) rive dollars ($5 nm r, will be assessed for that citation violation.
Fever additional administrative Bests. However, if the person cited in the citation
mien bfing-s seeks an administrative appeal pursuant to section 25-77 such additional
fine shall not be levied until said the administrative appeal is exhausted.
Section 5. That Article III, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled"Traffic", Division 2, entitled "Enforcement", and specifically Section 25-76, "Failure to
Obey Notice or Summons" of the City Code of Ordinances, is amended to read as follows:
Section 25-76. Failure to obey notice or summons.
(a) The violation of a written promise to appear, given to an officer upon arrest or issuance
of a traffic or parking citation for any traffic violation, shall constitute a violation of this
chapter regardless of the disposition of the original charge.
(b) A written promise to appear in court may be complied with by an appearance by counsel.
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Section 6. That Article III, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled "Traffic", Division 2, entitled "Enforcement", and specifically Section 25-77,
"Administrative Appeal" of the City Code of Ordinances, is amended to read as follows:
Section 25-77. Administrative appeal.
In lieu of the foregoing procedure, if the city so chooses it may,pursuant to an agreement
with the Clerk of the Courts for Broward County, or by use of a Special Magistrate,t� provide for
funding for hearing officers for contested parking citations. As prescribed by state law, Florida
Statutes, section 318.325, as amended from time to time, the city is authorized to provide
funding for one (1) or more hearing officers to hear any appeal by any person who seeks to
contest receipt of any parking citation. if sueh an agreement is effeetive, sueh appeal rreeess
stall be the v el„siye p s f „testing par-king e t.,tions
Section 7. That Article III, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled "Traffic", Division 2, entitled "Enforcement", and specifically Section 25-79, "Fines" of
the City Code of Ordinances, is amended to read as follows:
Section 25-79. Fines.
The following fines have been established for improper parking within the city limits:
(e) 14,,ndieap Disabled parking: All persons found in violation of section 25-46 shall be
liable€er to pay a fine of two hundred fifty dollars ($250.00).
( In addition to the fines provided for in this section, a five dollar ($5.00) surcharge to
provide funds for the city's school crossing guard program shall be added to each fine
imposed for each parking violation, as authorized by state law.
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Section 8. That Article III, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled "Traffic", Division 3, entitled "Parking Meters", and specifically Section 25-86,
"Deposit of Appropriate Coins or Currency; Time Restrictions; Parking within Metered Space"
of the City Code of Ordinances, is amended to read as follows:
Section 25-86. Deposit s€Paving for parking by use of appropriate coins or currency; time
restrictions; parking within metered space.
(a) When a parking control device commonly known as a parking meter or multi-meter device
is erected adjacent to or in front of a particular parking space within the city or within a city
parking lot, no person shall stop, stand or park a vehicle in that metered parking space or lot
without depositing a„ paying the appropriate U.S. coiner or currency for the amount of
parking time desired.
(b) Unless notice to the contrary is posted in the metered parking lot or on the parking meter,
meters within the city shall be enforced every day. The city manager may restrict the
maximum length of time that any individual vehicle may remain in a particular metered
space or parking lot, whether or not a coin or currency is deposited, paid, and notice of such
restrictions shall be posted on the meter or on a parking control device in the vicinity of the
meters,to which such a restriction applies.
(c) Every vehicle shall be parked wholly within a marked parking space with the front end of
such vehicle immediately in front of or adjacent to the curb or parking meter for such space,
as provided by the pavement markings.
Section 9. That Article III, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled "Traffic', Division 3, entitled "Parking Meters", and specifically Section 25-87,
"Violations" of the City Code of Ordinances, is amended to read as follows:
Section 25-87. Violations.
It shall be a violation of this section to:
(a) Park a vehicle in any metered parking space without depositin paying an appropriate
U.S. coiner or currency in the meter and activating the meter mechanism or, when
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applicable, fail to display a valid parking permit in the vehicle when parked in the beach
parking lot or parkingarage;
(b) Allow a vehicle to remain parked in a metered parking space or in a metered city parking
lot for a period of time longer than the maximum time allowed by a parking control
device erected pursuant to section 25-86(b);
(c) Depesi Pay or attempt to depesit pay in into any parking meter anything other than a
lawful U.S. coiner or currency;
(d) Remove, deface, tamper with, open, willfully break, destroy or damage in any way any
parking meter or parking control device, or to tamper with the mechanism for timing such
parking for the purpose of prolonging such time.
Section 10. That Article III, entitled "Parking, Stopping and Standing" of Chapter 25,
entitled "Traffic", Division 3, entitled "Parking Meters", and specifically Section 25-88,
"Overtime Parking" of the City Code of Ordinances, is amended to read as follows:
Sec. 25-88. - Overtime parking.
If any vehicle remains parked in any metered parking space or in a metered city parking
lot beyond the time period allowed due to the depeai payment of a U.S. coins or currency, the
par-king meter- shall display a sign indieating expired time of if a pemit displayed in a vehiele
and issued by a multi meter- par-king deviee displays a par-king time Whieh has expired, then,_In
either- such vehicle shall be considered parked overtime and a citation may be issued. The
parking of a vehicle in excess of the allotted time period ovowe in any part of a street or city
parking lot where any such meter or device is located shall be a violation of this section. A
subsequent citation may be issued for each violation of the time limits provided on the legend of
the meter or the permit. The fact that a citation has been issued for a vehicle parked overtime
shall not prevent enforcement personnel from issuing a subsequent citation; for example, a
citation may be issued every two (2) hours at a two-hour time limited parking space for a vehicle
that remains parked overtime.
Section 11. 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.
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Section 12. 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.
Section 13. That this Ordinance shall take effect on immediately following City
Commission adoption.
PASSED on first reading on July 26, 2016.
PASSED AND ADOPTED on second reading on August 23, 2016.
ATTEST:
LOUISE STILSON, CMC m�'° — c'�i- CO A. SALVINO, SR.
CITY CLERK AYOR
APPROVED AS TO FORM
AND CORREC SS: 'ti gyp,
ATE® 19�"
rl I-) —
THONIAS J. AN RO
CITY ATT�kNEY
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