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Home My WebLink AboutO-2004-023 Parking Fines Chap 25ORDINANCE NO. 2004-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25, "TRAFFIC", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 25-79, "FINES", TO INCREASE THE SUCH FINES FOR VIOLATIONS PURSUANT TO SECTION 25-79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to recent changes to state law, revisions are required to be made to the amounts of parking fines established by city ordinance; BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 25 "Traffic" of the Code of Ordinances of the City of Dania Beach, Florida Section 25-79 "Fines," is amended to read as follows: Sec. 25-79. Fines. The following fines have been established for improper parking within the city limits: (a) Restricted parking: Any person parked in violations of sections 25-87, 25-88, 25-45(i), 25-43, 25-57, 25-50, 25-123, 25-45(a)—(c), or 25-63 shall be liable for a fine of thirty-fi-veseven dollars and fifty cents ($37-5.050). (b) Improper parking: Any person found in violation of sections 25-5 Im 25-120, 25-45(g), 25-47, 25-52, 25-53 or 25-54 shall be liable for a fine of thirty- fi-veseven dollars and fifty cents ($37-5.050). (c) Prohibited parking: Any person found in violation of sections 25-41, 25-49, 25-44, 25-45(h), 25-59, 25-48, 25-45(l) or 25-55 shall be liable for a fine of thirty-fi-veseven dollars and fifty cents ($37-5.050). (d) Hazardous parkinglprivate lands parking: Any person found in violation of sections 17-14, 25-104, 25-58, 25-64, 25-56, 25-60, 25-61, 25-45(a), (e) or 25-62 shall be liable for a fine of thirty-fi-veseven dollars and fifty cents ($37-5.050). (e) Handicap zone: All persons found in violation of section 25-46 shall be liable for a fine of two hundred fifty-two three dollars and fifty cents ($252-3.050). 1 - - - I - ORDINANCE NO. 2004- 023 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all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict.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 take effect immediately at the time of passage and adoption. PASSED on first reading on August 10, 2004. PASSED AND ADOPTED on second reading on August 24, 2004. -ATIEST: LOUISE STILSON CITY CLERK APPROVED AS TO FORM AND CORRECTNES�: BY: An-k THOMAS)YANSBRO CITY ATTORNEY 0 CK. M4CELYE-X 9-- MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES - YES MAYOR MCELYEA - YES -2- ORDINANCE NO. 2004- 023 0 0 Agenda Request Form City of Dania Beach Agenda Item. Date of Commission meeting: 8/10/2004 Description of Agenda Item: Amending Traffic Violations Fines Commission action being requested: Adopt Resolution or Ordinance 0 Expenditure El Award BID/ RFP [] Presentation E] General approval of item Continued from meeting ease exP ther'jk'j' Pih x d b' k' n" ac d ummarv.e an,,,, groun On July 12, a letter was issued from the Clerk of Circuit & County Court, informing the City that due to Florida State Legislature has enacted a few amendments to new fees (letter attached), the City wil I have to adopt new ordinance to amend our fines. This fees are effective 7/1/04 A 'Oxhi Its"dnd-,',additIo'n"aI'ba , c'k- a — '—(P 6" t erta s .16'As lis Letter from Clerk of Ciruct and County Court 2 Ordinances For purchasing requests ONLY Department: Amount: Fund: General: E] Water: E] Sewer: E] Stormwater: Grants: E] Capital: 0 Account Name: Account Number: Submitted by: pvarney Date: 7/31/2004 Department Director: Date: Admin. Services Director: Date: Finance Director- Patricia Varney Date: 7/31/2004 City Manager: Ivan Pato Date: 8/2/2004 CITY OF DANIA BEACH TO: Patty Varney, Finance Director Nicki Satterfield, Assistant Finance Director CC: Louise Stilson, City Clerk FROM: Tom Ansbro, City Attorney DATE: July 23, 2004 RE: Parking Fines; Ordinance Amendment Attached is a copy of the proposed amending ordinance. Please note that the current fines are $35.00 for "general" citations and $253.00 for disabled parking violations. The school crossing guard $5.00 surcharge per citation was established by City ordinance 2003- 041, which created a new Code Section 6.33.1. That section expressly provides that the surcharge is "in addition to the fines provided for in Section 6-33"; consequently, the attached amending ordinance does not "include" the surcharge for each violation in the subject section (i.e., sec. 6-33). Also attached is an amending ordinance for corresponding "Chapter 25" parking firies. 566.028 TJA:slw 11 HOWARD C. FORMAN CLERK OF CIRCUIT AND COUNTY COURT 17 TI JUDICIAL CIRCUIT 201 Southeast 61h Street, Room 275, Fort Lauderdale, FL 33301 July 12, 2004 Re: New Legislative Fees Municipal and County Parking Violations 0 Dear Sir/Madam: The Florida State Legislature has enacted a number of new fees relating to municipal and county parking violations. These new fees are effective as of 7/01/04, and as a result your citations will need to be amended as follows, All violations of the disabled parking violations should delete the current $3.00 Teen Court Fee, that is currently included in your total fine amount. This fee has been deleted effective 7/01/04. Additionally, a Criminal Justice Education Fee of S2.50, must be added to all parking violations, written on a i-nunicipal or county citation, including the disabled parking violations. T ' his * means a total change of SO.50, less than the current amount due on your present citations for the disabled parking violations and a total increase of S2.50 for all general violations on municipal or county parking violations. Your parking citations \,vill need to have these chanaes made on vour next order. Please In make sure that your printer contacts me directly to ensure all changes have been lnclude�d prior to printing. Until such time as you order new citations your officers may change the current amount due on the citations to reflect these new fees. In addition to the above changes, the Request for Dismissal of a disabled parking citation, for permit owners, must include a S7.50 Dismissal Fee instead of the current S5.00 fee. If you have any questions regarding these changes, please feel free to contact me at (954) 83 1 -5617. Sincerely, Susie Warren Court Operations Supervisor is 0 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 August 24, 2004, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers 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, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33, "SCHEDULE OF CHARGES", TO INCREASE THE FINES FOR PARKING VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25, "TRAFFIC", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 25-79, "FINES", TO INCREASE THE SUCH FINES FOR VIOLATIONS PURSUANT TO SECTION 25-79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, 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 Louise Stilson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Louise Stilson City Clerk 91 Run in Sun Sentinel: August 13 , 2004