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Home My WebLink AboutO-2023-009 Text Amendment (TX-017-23) Parking Garage Use AmendmentORDINANCE NO. 2023-t _v l AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, OF THE CITY'S CODE OF ORDINANCES ENTITLED `BEACHES, PARKS, WATERWAYS AND RECREATION," TO AMEND THE TITLE AS FOLLOWS: "BEACHES, PARKS, WATERWAYS, RECREATION AND PARKING"; AMENDING ARTICLE H, ENTITLED "BEACH PARKING", TO 'PARKING"; AND AMENDING SECTIONS: 6-32, ENTITLED "METHOD OF IMPOSING CHARGES; AND 6-33, ENTITLED "SCHEDULE OF CHARGES" TO AMEND PARKING PERMIT FEES APPLICABLE TO THE CITY GARAGE PARKING AREA; AMENDING CHAPTER 25 OF THE CITY'S CODE OF ORDINANCES ENTITLED, "TRAFFIC", ARTICLE III. ENTITLED "PARKING, STOPPING AND STANDING", DIVISION 3, ENTITLED "PARKING METERS" TO REFERENCE PARKING METERS/PARKING CONTROL TECHNOLOGY; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2011, the City Commission created new provisions applicable to the City Hall Parking Garage; and WHEREAS, Chapter 6 entitled" Beaches, Parks, Waterways and Recreation" also addresses Parking Fees and should be reflected in the title for ease of use and understanding by the community at large; and WHEREAS, the City is seeking to authorize a parking fee in the City's Parking Garage located at City Hall; and WHEREAS, the City is updating its parking fees and shall do so by Resolution; and WHEREAS, Chapter 25, entitled "Traffic", Article III, entitled "Parking, Stopping and Standing", at Division 3 entitled "Parking Meters" is amended to reflect "parking meters/parking control technology" as the City may change the type of technology utilized for allowing people to pay the City's proposed parking fees in the future; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMHSSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Chapter 6, of the City's Code of Ordinances entitled "Beaches, Parks, Waterways and Recreation", at Article 11 entitled "Beach Parking", is amended to read as follows: BEACHES, PARKS, WATERWAYS, AND RECREATION AND PARKING ARTICLE H. BEACH AND PUBLIC PARKING GARAGE PARKING 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. Additionally, the city expends considerable sums of money in maintaining the parking garage facility at city hall. Such sums are expended for such direct costs as cleaning, maintaining and 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. (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 that will be reasonable and will have some reasonable relationship to the actual costs of maintaining each of the city's facilities. Expressly, the commission finds and determines that this article 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 article 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 eCommission finds that the only reasonable way to charge patrons for the use of Dania Beach is by the installation of parking meters/parking control technology at all city parking_areas of Dania Beach as designated by the City manager. The operation of said such parking meters/parking control technology and gate ern 2 ORDINANCE #2023- 0 091 pig-systerB shall be governed by and subject to the provisions of Chapter 25, Article 1U, Division 3, entitled 'Parking Meters/narking control technology." Sec. 6-33. Schedule of charges. (a) Dania Beaeh. The eCity eCommission has established by resolutionfihe-fellewing parking fees to be charged to the owner or operator of each motor vehicle parking at My of the City of Dania Beach parking areas. e€the Gi between the hours ofo.0n a.m. an 6:00 p.m. dail .- AIR ..� .. MIMI ORDINANCE #2023- 001 - .. . - ...-..... �.. .• . �. ticketingBeach parking areas. The City Administration shall monitor and enforce this prohibition through its review and of parked vehicles. The City may also have any such vehicle removed from the gai-7age ggy of the Cjjy of Dania (e) The wer-d "resident-," as used in this seetion, shall mean a 9 an ORDINANCE #2023- ()V I MI 011�;;- Mw M -100 .. W1�101--,----, . ........ i.�: fegistfmieff fefm to show that beth wefe issued ift the same name. * x % Section 2. Chapter 25, of the City's Code of Ordinances entitled "Traffic", Article III entitled "Parking, Stopping and Standing", at Division 3 entitled "Parking Meters" is amended to read as follows: Chapter 25 TRAFFIC ARTICLE III. PARKING, STOPPING AND STANDING DIVISION 3. PARKING METERS/PARKING CONTROL TECHNOLOGY' Sec. 25-85. Authority to determine metered parking/parking control technology zones. The city manager is hereby authorized to determine and designate metered parkingiparking control technology zones and to install and maintain upon any of the designated streets, or parts of streets and other municipal property, as many parking meters/parking control technology as necessary in said metered/parking control technology parking zones, where it is determined that the installation of parking meters/narking control technology shall be necessary to aid in the regulation, control and inspection of the parking vehicles. Cross reference(s)—Enforcement generally, § 25-71 et seq. i In this Division 3, every reference to "metered parking", metered lot, metered space shall include the term "parking control technology, as the City may change the technology but the meaning remains the same, the authority of the city to charge a fee for parking at certain public places, including the City's beach, on street parking, and the City's parking garage. ORDINANCE #2023- 0 09 Sec. 25-86. Paying for parking by use of appropriate coins, currency or credit or debit card; time restrictions; parking within metered space or metered lot. (a) When a parking control device commonly known as a parking meter/parking control technology or multi -meter device is erected adjacent to, in front of or in the vicinity of a particular parking space or lot within the city or within a city parking lot, no person shall stop, stand or parka vehicle in that metered/parking control technology parking space or lot without paying the appropriate U.S. coin(s), currency or making a payment by credit or debit card 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/parking control technology, 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/parking control technology or parking lot, whether or not a coin, currency or credit or debit card is used for payment 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) It is prohibited to back a vehicle into any marked parking space in a metered space/parking control technology or metered lot. 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 wheel stop for such space, as provided by the pavement markings. Sec. 25-87. Violations. It shall be a violation of this section to: (a) Park a vehicle in any metered parking space without paying appropriate U.S. coin(s) or currency in the meter and activating the meter mechanism or, when applicable, fail to display a valid parking permit in the vehicle when parked in the beach parking lot or parking garage; (b) Allow a vehicle to remain parked in a metered/parking control technology 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) Pay or attempt to pay into any parking meter anything other than lawful U.S. coin(s) 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. Sec. 25-88.Overtime parking. If any vehicle remains parked in any metered/parking control technology parking space or in a metered city parking lot beyond the time period allowed due to the payment of U.S. coins or currency, 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 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 ORDINANCE #2023- 0 6 q 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. Sec. 25-89. Presumptions of overtime parlung and operation of vehicle. The fact that the time device on any parking meter/parking-control technology is not in operation shall be presumptive evidence that the person who parked the vehicle then found standing in the parking space adjacent to such meter failed to deposit money as required therein; or has permitted the vehicle to remain in such parking space for a period of time greater than that permitted for the money deposited. The indication by such meter of illegal parking shall be presumptive evidence of overtime parking. The failure to display in the front window on the driver's side of the parked vehicle a valid parking permit issued by a multi -meter device, when applicable, shall be presumptive evidence that the person who parked the vehicle then found parked in a parking space in a city parking failed to deposit U.S. money as required or has permitted the vehicle to remain in such parking space for a period of time greater than that permitted for the money deposited. The failure to display a valid parking permit in a vehicle parked in parking areas or lots in which multi -meter parking devices are used shall be presumptive evidence of overtime parking. Any overtime violation under this division shall raise the presumption that the vehicle involved was operated by the person in whose name such vehicle was registered Secs. 25-90-25-94. Reserved. Section 3. 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 4. 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 5. That this Ordinance shall take effect immediately upon its passage and adoption. ORDINANCE #2023- QOq PASSED on first reading on April 25, 2023. PASSED AND ADOPTED on second reading on May 9, 2028. APPROVED AS TO FORM AND CORRECTNESS: E BqbTSIS CUYATTORNEY ►:lz"L MAYOR lal ORDINANCE #2023-LDI