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HomeMy WebLinkAboutO-2000-014 ORDINANCE NO. 2000-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO PARKING; AMENDING CHAPTER 25 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "TRAFFIC', ARTICLE III, DIVISION III, WHICH DIVISION IS ENTITLED "PARKING METERS" TO INCLUDE PROVISIONS APPLICABLE TO MULTI-METER PARKING DEVICES AND AMENDING SECTIONS 25-86 TO AND INCLUDING 25-89 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR SUCH INCLUSION; PROVIDING FOR SEVERANCE; 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 Division 3 of Article III of Chapter 25 of the City Code of Ordinances, which Chapter is entitled "Traffic", is amended to read as follows: ARTICLE III PARKING PARKING, STOPPING AND STANDING DIVISION 3. PARKING METERS Sec. 25-86. Deposit 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 an appropriate U.S. coin 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 teken currency is deposited, and notice of such restrictions shall be posted on the meter or on a parking control device in the vicinity of soiroral sursh the meters, to which such a restriction applies. (c) Every vehicle shall be parked wholly within the metered a marked parking space for 1Afh*r__h the meter shows that the parking privilege has been granted and 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. Sec. 25-87. Violations. It shall be a violation of this section to: (a) Park a vehicle in any metered parking space without depositing an appropriate U.S. coin 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; (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) Deposit or attempt to deposit in any parking meter anything other than a lawful U.S. coin 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 space or in a metered city parking lot beyond the time period allowed for due to the deposit of a U.S. coin or currency, the parking meter shall display a sign indicating expired time or if a permit displayed in a vehicle and issued by a multi-meter parking device displays a parking time which has expired, then, in either event, such vehicle shall be considered parked overtime and a citation may be issued. The parking of a vehicle overtime 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 form issuing a subsequent citation; for example, a citation may be issued every two (2) hours at a two-hour time limit parking meter space for a vehicle that remains parked overtime. Sec. 25-89. Presumptions of overtime parking and.operation of vehicle. The fact that the time device on any parking meter is not in operation shall be presumptive evidence that the person who parked the vehicle then found standing in the i 2 ORDINANCE NO. 2000-014 parking space adjacent to such meter failed to deposit a eeiR money as required • therein; or has permitted hi&-the vehicle to remain in such parking space for a period of time greater than that permitted for the GGiR 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 that 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. Section 2. That except as amended above, all other provisions of Chapter 25 of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full force and effect. 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. Section 4. 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 5. That this ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on first reading on March 13, 2000. PASSED AND ADOPTED on second reading on March 28, 2000. AYOR — t O KWIS TJON ER ATTEST: ROLL CALL: MAYOR MCELYEA - YES VICE-MAYOR BERTINO - YES SHERYL HAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER ETLING -YES COMMISSIONER MIKES —YES APPROVED AS TO ORM ND CORRECTNESS: By: T THOMO J. SBR CITY ATTORNEY • 3 ORDINANCE NO. 2000-014 NOTICE OF HEARING BEFORE CITY COMMISSION ® CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on March 28, 2000, at 7:30 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE LEASE AGREEMENT EXECUTED APRIL 3, 1998, WHICH LEASE EXISTS BETWEEN THE CITY OF DANIA BEACH AND THE HUMANE SOCIETY OF BROWARD COUNTY, INC., FOR LEASE OF VACANT REAL PROPERTY GENERALLY DESCRIBED AS LOT 13 AND A PORTION OF LOT 12, BLOCK 13 OF HIGHLAND PARK UNIT NO. 2 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 12, PAGE 29, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA FOR A PERIOD OF TWENTY (20) YEARS WITH TWO OPTION PERIODS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO LEASE AGREEMENT ATTACHED TO THIS ORDINANCE AND MARKED EXHIBIT "A" TO CLARIFY THE LEGAL DESCRIPTION OF THE LAND SO LEASED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO • PARKING; AMENDING CHAPTER 25 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "TRAFFIC", ARTICLE III, DIVISION III, WHICH DIVISION IS ENTITLED "PARKING METERS" TO INCLUDE PROVISIONS APPLICABLE TO MULTI-METER PARKING DEVICES AND AMENDING SECTIONS 25-86 TO AND INCLUDING 25-89 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR SUCH INCLUSION; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A copy of these proposed Ordinance are on file in the office of Administrative Services, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Sheryl Chapman, Acting City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3630 at least 72 hours prior to the meeting. /s/ Charlene Johnson Deputy City Clerk • Run in Sun Sentinel: 3/17/2000 S U N — S N T I N E L PUBLISHED DAILY NOTICE OF HEARING FORT LAUDERDAL" SROWARD COUNTY, FLORIDA CITY OFDANIIARBECITY ACH FLORIDA,COMMISSION COCA RATON.- PALM BEACH COUNTY, FLCRIDA ORDDINANCEES: OF THE FOLLOWING PR NOTICE IS HEREBY GIVEN that the City Com M i A M I, DADE COUNTY. FLORIDA the City of Dania Beach, Florida, on March 2E 7:30 p.m. or as soon thereafter as the matte heard,will conduct a public hearing in the City Cc 7 A T E OF FLORIDA room of the Dania Beach City Half, 100 West Dc Boulevard,Dania Beach,Florida to consioer the J, ad ion of the following Ordinances entitled N T Y OF R C h A R D/PALM BEACH/D A D E AN ORDINANCE OF THE CITY OF DANU '`FDR = T UNDERSIGNED AUTHCRITY PERSONALLY APPEARED AGREEMENT EX FLORIDA OECUEDAPRILN . 1998T0T; EXISTS BETWEEN THE CITY OF DANIA BEACH . . _ . . . . . . . ^ t+ HUMANE SOCIETY OF L PROP D COUNTY, - WHO C N OATH SAYS THAT LEASED VACANT REAL PROPERTY GENER SCRIBED AS LOT 13 AND A PORTION OF LOT t P E/ H E I S A DULY A H O R I Z E D REPRESENTATIVE O F THE 13 OF HIGHLAND PARK UNIT NO.2 ACCORDIN PLAT THEREOF AS RECORDED IN PLAT BOOK CLASSIFIED DEPARTMENT OF THE SUN—SENTINEL. DAILY 29.OF THE PUBLIC RECORDS OFBR02ARO FLORIDA FOR A PERIOD OF TWENTY NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE COUNTY, TWO OPTION PERIODS;AUTHORIZING THE D ATE CITY OFFICIALS TO EXECUTE AN AMEND FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT. EEING A LEASE AGREEMENT ATTACHED TO THIS OR AND MARKED EXHIBIT'A'TO CLARIFY THE LI SCRlPTION OF THE LAND SO LEASED:PROVII NOTICE CONFLICTS;FURTHER,PROVIDING FOR AN EI AN ORDINANCE OF THE CITY OF DANIA FLORIDA,PERTAINING TO PARKING;AMENDII TER 25 OF THE CITY CODE OF ORDINANCE: t N THE MATTER O F CHAPTER IS ENTITLED'TRAFFIC',ARTICLE III, III WHICH DIVISION IS ENTITLED 'PARKING Tb INCLUDE PROVISIONS APPLICABLE TO M TER PARKING DEVICES AND AMENDING SECI Y A Q C H 2 O, 2000 86 TO AND INCLUDING 25-89 OF THE CITY ORDINANCES TO PROVIDE FOR SUCH IN( PROVIDING FOR SEVERANCE; PROVIDING F FLICTS; FURTHER, PROVIDING FOR AN EI IN THE CIRCUIT COURT., WAS PUBLISHED IN SAID NEWSFAPER IN DATE. _ ISSUES S U E S O F i A copyy Beach Boulevard, Dania Beach, Florida, and of these proposed Ordinance are on THE office of Administrative Services,City Hall,l n C , 3/ 7, 1 X spected by the public during normal working Z Interested parties may appear at the aforesaf- and be heard with respect to the proposed. Ai who decides to appeal any decision made b� A F r I M►'d T FURTHER SAYS THAT THE SAID SUN—SENTINEL I S A Commission with respect to any matter c ngsidnf hearing will need a record r the Proceedings ec N t h'S P A R a PUBLISHED IN SAID 6 R O W A R D/PALM EEACH/DADE purpose may need e,ensure that a verbatim rec proceedings is made,which record includes the and evidence upon which the appeal is to bE C O UN T Y, FL OR I D A I A N D T H A T TH E S AI D NE W S PA P E R HA S ti E R E T O FI e�sons needling with American with e in a _ pP g g participate in a E` C O N T I N U O U S L Y P U B L I S H E D I N S A I D 8 R O W A R D/P A L f� E E A C H/ C, Clerk e100 West uDan a contact Beach Boulevard, Dan �UNTY, FLORIDA, EACH DAY , AND HAS BEEN ENTERED AS SECOK meenda33004,(954)924-3630atleast72hoursp ,LASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE, IN oeputhyaCityClerkson : ROWARD COUNTY, FLCP,IDA, FOR A PERIOD OF ONE YEAR NEXT March17, 2000 RECEDING THE FIRST PUBLICATION OF THE ATTACHED CCPY OF ADVERTISEMENT; AND AFFT_ANT FURTHER SAYS THAT HE/SEE HAS ''EITHER PAID ROR PROMISED ANY PERSON, FIRW OR CORFORATICN aiiY DISCOUNT, PcBATE, COMMISSION CR REFUND FOR THE PURPCSE F SECUkIN -: THIS ADVERTISEMENT FOR PUBLICATION IN SAID .IcdSPAPE? . . . . .. . . . . . . . • •_ . . . . . ( SIGNATURE OF A w )RN TO AND SU3SCRI3r=D EEFORE ',E HI5 17 AY OF NARCH SIGNA F NUTA-RY P� ).3L1C) --- cJuly 20,209 i THRII TP.(IV FA9.I IVSUP ,,r , . . . � C AA OF NTARYTYPED, PRIti7EDOR. STAMPED ) RSCNALLI` K G'elN . . . . . . . . . . . . . . . . . . . . . OR : D_"!T _ , IC 4TION . . . . . . . . . . . . . . . . .