8.A.PUBLIC HEARING

8/4/2020

City of Boynton BeachAgenda Item Request Form

Commission Meeting Date: 8/4/2020

Requested Action by Commission: Proposed Ordinance No. 20-028 - Second Reading - Approveamendments to Part II of the City Code of Ordinances, Chapter 14, Motor Vehicles and Traffic, creating anew Section 14-14, Parking Meters, to add definitions, standards, and fees to regulate parking meters in theCity and striking Chapter 16 Section 16-61 and 16-82 removing redundant language.

Explanation of Request: On November 5, 2019 the City Commission approved Resolution No. R19-119 for the award of a contract toPark Mobile for automated parking technology at Oceanfront Park, Harvey E., Oyer Jr. Park and futurelocations that might require metered parking. The purpose of these amendments is to establish standards, regulations, enforcement, and fee structure tosupport the deployment of automated parking technology. Attached is a copy of the proposed amendmentsand corresponding ordinance for review and approval. The proposed fee schedule will be a separate resolution which will be reviewed upon 2nd reading of theordinance. Attached is a draft copy of the fee schedule to assist with the discussion and review of theproposed parking meter ordinance.

How will this affect city programs or services? Developing and promoting an efficient, easy-to-use parking system will improve customer service and qualityof life.

Fiscal Impact: Budgeted Automated parking meter improvements will control operating costs and generatesufficient revenue to support system operations.

Alternatives: Continue the status quo and collect cash parking fees by part time parking attendants andforgo the use of automated parking technology.

Strategic Plan:

Strategic Plan Application:

Climate Action:

Climate Action Discussion:

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Is this a grant?

Grant Amount:

ATTACHMENTS:Type Description

OrdinanceOrdinance regarding parking meters CreatingSection 14-14 and deteling Sections 16-61 and16-82

Exhibit Exhibit 1 - Section 16-61 & 16-82 - Strikethrough

Exhibit Exhibit 2 - Proposed Section 14-14 - ParkingMeters

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1 ORDINANCE NO. 20- 2

3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART II OF THE CITY CODE OF ORDINANCES, 5 CHAPTER 14, MOTOR VEHICLES AND TRAFFIC, CREATING A 6 NEW SECTION 14-14, PARKING METERS, TO ADD DEFINITIONS, 7 STANDARDS, AND FEES TO REGULATE PARKING METERS IN 8 THE CITY; DELETING CHAPTER 16, ARTICLE II, DIVISION 1, 9 SECTION 16-61; DELETING CHAPTER 16, ARTICLE II, DIVISION 3, 10 SECTION 16-82 TO REMOVE REDUNDANT LANGUAGE; 11 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 12 AND AN EFFECTIVE DATE. 13 14

WHEREAS, on November 5, 2019 the City Commission approved Resolution No. 15

R19-119 for the award of a contract to Park Mobile for automated parking technology at 16

Oceanfront Park, Harvey E., Oyer Jr. Park and future locations that might require metered 17

parking; and 18

WHEREAS, the purpose of these amendments is to establish standards, regulations, 19

enforcement, and fee structure to support the deployment of automated parking technology; 20

and 21

WHEREAS, the City Commission deems it to be in the best interest of the citizens and 22

residents of the City to amend Chapters 14 by creating a new Section 14-14, “Parking Meters” 23

and amending Chapter 16, Article 2, by deleting in their entirety Sections 16-61 and 16-82 of 24

the City’s Code of Ordinances as hereinafter referenced. 25

NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26

THE CITY OF BOYNTON BEACH, THAT: 27

Section 1. The foregoing "WHEREAS" clauses are true and correct and 28

incorporated herein by this reference. 29

Section 2. Chapter 14, “Motor Vehicles and Traffic” of the City’s Code of 30

Ordinances is hereby amended to create a new Section 14-14, “Parking Meters”, by adding the 31

words and figures in underlined type and by deleting the words and figures in struck-through 32

type, as follows: 33

See Exhibit “A” attached hereto and incorporated herein 34 35

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36

Section 3. Chapter 16, “Parks and Recreation”, Article II, “City Parks and 37

Beaches”, Division 2, “Conduct Regulated”, Section 16-61, “Boat Launching and Trailer 38

Parking User Fee at Harvey E. Oyer, Jr. Park”, of the City’s Code of Ordinances is hereby 39

deleted in its entirety as follows: 40

Sec. 16-61. Boat launching and trailer parking user fee at the Harvey E. Oyer, Jr. 41 Park.reserved. 42

(a) The purpose of this section is to establish an annual and daily boat launching and 43 trailer parking user fee for the Harvey E. Oyer, Jr. Park, and to establish rules and regulations 44 related to the use of the Park. 45

(b) The city shall charge a fifty dollar ($50.00) annual decal fee. On weekends and 46 holidays, those who do not have an annual decal may pay a ten dollar ($10.00) daily fee. 47 There is no daily fee for non-decal holders during the weekdays (Monday through Friday). 48

(c) The city shall not differentiate between residents and non-residents of the county or 49 the state while processing decal applications. 50

(d) (1) Decals will be issued to an applicant on an annual basis, October 1 to September 51 30, upon satisfactory completion of appropriate application forms, commencing October 1, 52 2001. All decals shall be permanently affixed on the passenger side of the trailer (on a 53 conspicuous part of the winch post; alternately the tongue, as close as possible to the ball). 54 Decals placed on a trailer other than the one for which it was originally issued shall be 55 construed to be void. 56

(2) In the event that the trailer to which the permanent decal was issued has been sold or 57 otherwise changed ownership and/or in the event a properly issued decal is mutilated and can 58 be identified, the decal will be replaced for a charge of twenty-five dollars ($25.00), provided 59 the holder can return an identifiable portion of the mutilated decal to the city. In the event the 60 holder of a lost or mutilated decal cannot provide an identifiable portion or part of the decal, 61 the charge for a replacement decal will be the sum of fifty dollars ($50.00). 62

(e) Boats, vessels and trailers that do not have a lawfully issued decal shall be subject to a 63 twenty-five dollar ($25.00) fine. 64

Section 4. Chapter 16, “Parks and Recreation”, Article II, “City Parks and 65

Beaches”, Division 3, “Traffic and Parking Regulations”, Section 16-82, “Rules, regulations 66

controlling parking of vehicles at municipal beach property located within the Town of Ocean 67

Ridge” of the City’s Code of Ordinances is hereby deleted in its entirety as follows: 68

Sec. 16-82. Rules, regulations controlling parking of vehicles at municipal beach 69 property located within the Town of Ocean Ridge.reserved 70

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The City Manager is hereby directed to implement subject procedures at the earliest 71 possible date. (Said regulations are set out below.) 72

POLICY NO. 1. PARKING PERMITS 73

Parking permits will be issued on an annual basis (October 1 through September 30) each 74 year to residents (see “Definitions”) of the City of Boynton Beach, for a charge of fifty 75 dollars ($50.00) for each decal issued to a resident vehicle, upon satisfactory completion of 76 appropriate application forms. Applicants will be required to establish proof of residency in 77 the City of Boynton Beach (see “Definitions”) and to present their official state motor vehicle 78 tag registration certificate for each decal purchased. 79

Lost or mutilated parking permits. In the event that the vehicle to which the permanent 80 decal was issued has been sold or otherwise changed ownership and/or in the event a 81 properly issued parking decal is mutilated and can be identified, such decal will be replaced 82 for a charge of fifteen dollars ($15.00), provided the holder can return an identifiable portion 83 of the mutilated parking decal to the city. In the event the holder of a lost or mutilated 84 parking permit cannot provide an identifiable portion or part of such parking decal, the 85 charge for a replacement decal will be the sum of fifty dollars ($50.00). 86

Qualified nonresidents: Qualified nonresidents may obtain beach decals that permit 87 parking annually. The cost for such permit as set forth herein: 88

The permit fee for qualified nonresidents shall be two hundred dollars ($200.00) each. 89

Definitions. 90

City employees: All city employees, classified, nonclassified and retired, regardless of 91 residency,shall be eligible to receive one (1) parking permit. Proof of employment shall be 92 established through the Personnel Department of the city. Persons who terminate (not retired) 93 their employment with the city and who are not city residents shall be required to scrape off 94 their stickers and return remains to the issuing office. 95

Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or 96 living accommodations within the City of Boynton Beach for a time period of at least six (6) 97 consecutive months each calendar year, as well as members of their immediate family 98 residing with them; provided, however, for purposes of this section, the term “City of 99 Boynton Beach” shall include all property within the corporate limits of the Town of Ocean 100 Ridge. Proof of residency shall be established by some suitable means, such as utility bill, tax 101 bill, property deed or lease agreement. 102

Qualified nonresident: Anyone who is not a resident but who resides in the agricultural 103 reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal 104 No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by the 105 Loxahatchee National Wildlife Refuge. 106

POLICY NO. 2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS 107

(1) Ensure that applicants are residents as defined in Policy No. 1. 108

(2) Request proof of residency. Proof established in accordance with Policy No. 1. 109

(3) Request separate vehicle registration for each parking permit to be issued. 110

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(4) Residents leasing automobiles should provide contract documents establishing the 111 lease agreement or arrangement or company car assignment. 112

(5) Issuing authority shall complete parking permit application by listing separate permit 113 numbers opposite the make, model and year of each vehicle. 114

(6) All parking permits shall be permanently affixed upon the lower, left-hand side 115 (driver’s side) of the front windshield of such vehicle. Decals placed on a vehicle other than 116 the one for which it was originally issued shall be construed to be void. 117

(7) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be 118 displayed on the left front fork of such vehicle or other visible location in the area of the left 119 front. 120

PARKING FEES FOR MOTOR VEHICLES 121

A daily parking fee is hereby established for all motor vehicles parking at the public beach, 122 except those hereinafter excepted, in accordance with the following rates and charges. 123

May 1—November 15 124

Weekdays (Monday - Friday) $5.00 125

Weekends (Saturday & Sunday) 126

and holidays $10.00 127

November 16—April 30 $10.00 128

Exceptions: 129

(1) Vehicle having affixed thereto a parking permit issued in accordance with the rules 130 and regulations of Policies 1 and 2. 131

(2) Official state, county and city vehicles entering the park in the performance of 132 governmental functions. 133

(3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when 134 engaged in official park business. 135

(4) School buses transporting Florida school, college or university students in a group or 136 body for a field trip for educational purposes. This exception shall not apply to vehicles 137 transporting such groups to the park for recreational purposes. 138

Florida school groups, as mentioned in exception (4), must make prearrangements with 139 the Director of Recreation and Parks, or his or her designee, by submitting a letter from the 140 school principal certifying that the trip is a part of the school curriculum. 141

Parking permits will be available to all city residents as outlined in Policies 1 and 2. 142 Vehicles not exhibiting the permit will be required to pay the parking fee in accordance with 143 this policy. 144

PARKING AREAS FOR MOTOR VEHICLES 145

Trucks, buses and trailers shall park in the lower level spaces of the parking area at the 146 public beach. 147

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PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS 148

It shall be unlawful for any person to falsify information in the process of applying for a 149 parking permit, for any person to sell a parking permit, for any person to transfer a parking 150 permit to a nonresident, or for any person to fail to follow the rules and regulations pertaining 151 to the use of the parking facilities at the public beach. 152

153

Section 5. Each and every other provision of the Code of Ordinances of the City 154

of Boynton Beach not herein specifically amended shall remain in full force and effect as 155

previously enacted. 156

Section 6. All ordinances or parts of ordinances in conflict herewith be and the 157

same are hereby repealed. 158

Section 7. Should any section or provision of this ordinance or portion hereof, any 159

paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 160

such decision shall not affect the remainder of this ordinance. 161

Section 8. Authority is hereby granted to codify said ordinance. 162

Section 9. This ordinance shall become effective immediately upon passage. 163

FIRST READING this ____ day of July, 2020. 164 165 SECOND, FINAL READING AND PASSAGE this day of ________, 2020. 166

167 CITY OF BOYNTON BEACH, FLORIDA 168

169 YES NO 170 171

Mayor – Steven B. Grant _____ _____ 172 173

Vice Mayor – Ty Penserga _____ _____ 174 175 Commissioner – Justin Katz _____ _____ 176

177 Commissioner – Woodrow L. Hay _____ _____ 178

179 Commissioner – Christina L. Romelus _____ _____ 180 181 VOTE ______ 182 ATTEST: 183 184 _____________________________ 185 Crystal Gibson, MMC 186 City Clerk 187 188 (Corporate Seal) 189

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EXHIBIT “A”

CHAPTER 14 – MOTOR VEHICLES AND TRAFFIC Sec. 14-14. Parking Meters Sec. 14-14.1. Definitions

For the purpose of this subchapter the following definitions shall apply unless the context clearly

indicates or requires a different meaning:

City employees: All city employees, classified, nonclassified and retired, regardless of residency. Proof of employment shall be established through the Human Resources Department of the city.

Multispace parking meter. Any mechanical device or technology placed or erected for the regulation of more than one parking space.

Multispace parking meter zones. Any space or group of spaces controlled by a single multispace parking meter or technology. Spaces shall be signed so as to allow users to identify the appropriate location in order to pay the appropriate fees to park in said spaces.

Parking meter. Any mechanical device or technology placed or erected for the regulation of parking by authority of this subchapter.

Parking meter space. Any space within a parking meter zone adjacent to a parking meter or technology and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters or which is in an area clearly marked by signs indicating the space is in a parking meter zone and indicating that payment may be made by the use of parking meter technology.

Parking meter technology. Any technology that allows payment for parking in parking meter zones without the use of mechanical parking meters, including but not limited to telephone, smartphone applications, website, single or multi space meters, or any other technology as deemed appropriate by the City to pay for parking. Parking meter technology may utilize parking space numbers, license plates, sticker numbers, or any other means designated by the specific parking meter technology to process parking payment.

Parking meter zone. Any area designated by resolution as a parking meter zone.

Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or living

accommodations within the City of Boynton Beach for a time period of at least six (6) consecutive months

each calendar year, as well as members of their immediate family residing with them; provided, however,

for purposes of this section, the term “City of Boynton Beach” shall include all property within the

corporate limits of the Town of Ocean Ridge. Proof of residency shall be established by some suitable

means, such as utility bill, tax bill, property deed or lease agreement.

Senior Resident: Anyone 65 years or older owning real estate and/or leasing, renting or occupying

real estate or living accommodations within the City of Boynton Beach for a time period of at least six (6)

consecutive months each calendar year, as well as members of their immediate family residing with them.

Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed

or lease agreement.

Nonresident: Anyone who is not a resident but who resides in the agricultural reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No. 30, bounded on the north

by Hypoluxo Road, and bounded on the west by the Loxahatchee National Wildlife Refuge.

Weekday: Includes any day except; friday, saturday, sunday, and all holidays. Weekend: Incudes friday, saturday, sunday, and all holidays.

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EXHIBIT “A”

Sec. 14-14.2. Parking meter zones; installation of meters

(a) The City is hereby authorized to establish by resolution certain sections of the City public right of way

or public off-street parking facilities to be designated as parking meter zones.

(b) The City is hereby authorized to install, or have installed, parking meters for the parking spaces in parking meter zones.

(c) Each parking meter zone shall provide signage to notify drivers of the required payment for that parking meter zone and the maximum length of allowable parking time.

(d) Each parking meter or technology installed in a parking meter zone shall indicate by proper legend the legal parking time established by the City, and when operated shall at all times indicate the balance of legal parking time, and at the expiration of the period shall indicate illegal or overtime parking.

(e) For any parking space in a parking meter zone for which no meter is installed adjacent to the space, the City shall install signage in the area and visible from the space indicating that payment of the parking meter rates for that space shall be made by using parking meter technology, and indicating the procedure for using said technology.

(f) When parking meter technology is in use, it shall notify the user and the parking enforcement officer of the legal parking time for which payment has been made and the balance of legal parking time.

(g) Nothing in this section shall be construed as prohibiting the City Manager or his or her designee from temporarily restricting parking or allowing parking at no charge at spaces within parking meter zones based on special circumstances, including but not limited to emergencies, special events. construction, change in building uses, and actual usage of parking spaces in the zones.

(h) No person shall move and repark a vehicle on either side of a street within the same block in order to avoid exceeding the parking meter time limits specified for either side of the street in that particular block.

Sec. 14-14.3. Operation of parking meters

(a) When any vehicle is parked in any parking space in a parking meter zone when payment is required,

the operator of this vehicle shall, upon entering the parking meter space, pay the parking meter rate by using parking meter technology.

(1) If payment is made using parking meter technology, the operator shall follow the directions posted for the use of such technology.

(b) Upon payment of the parking meter rate, the parking space may be lawfully occupied by the vehicle during the period of time which has been prescribed for the part of the street in which the parking space is located.

(c) If the vehicle shall remain parked in any parking space beyond the parking time limit set for that parking space, and if the parking meter technology shall indicate illegal parking, then, and in that event, the vehicle shall be considered as parking overtime and beyond the period of legal parking time, and parking shall be deemed a violation of this subchapter.

Sec. 14-14.4. Cost of parking or standing vehicle in certain metered spaces

The cost of parking or standing a vehicle in a parking meter space located in a parking meter zone

shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission. The term “cost” is synonymous with “fee.”

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EXHIBIT “A”

Sec. 14-14.5. Parking time limits

The parking meters shall be operated in the parking meter zones every day for the hours stated by

the appropriate signage in the particular parking meter zones, including Saturdays, Sundays and holidays.

Sec. 14-14.6. Parking meter permits

(a) Any person may purchase a "beach parking permit" in accordance with and subject to the

administrative rules and regulations promulgated by the City. A beach parking permit shall authorize the operator to park the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Ocean Front Park parking lots without requiring payment of the parking meter rate.

(b) The fee for obtaining the parking permits described in this section shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission.

(c) Each permit shall cover an annual period from October 1 through September 30.

Sec. 14-14.7. Certain acts prohibited

It shall be unlawful and a violation of the provisions of this subchapter for any person to:

(a) Cause, allow, permit, or suffer any vehicle registered in his name to be parked overtime;

(b) Cause, allow, permit, or suffer any vehicle registered in his name to remain or be placed in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying the parking space has already been parked beyond the period prescribed for the parking space;

(c) Cause, allow, permit, or suffer any vehicle registered in his name to be parked across any line or marking of a parking meter space or in a position that the vehicle shall not be entirely within the area designated by the lines or markings;

(d) Deface, injure, tamper with, open, break, destroy, or impair the usefulness of any parking meter installed under the provisions of this subchapter;

(e) Deposit or cause to be deposited in any parking meter any slugs, device, or metal substance, or other substitute for lawful coins;

(f) Park a vehicle in any parking space designated as a handicapped parking space without displaying a permit for handicapped parking which has been issued by a governmental agency having the authority to issue the permit;

(g) Deface a parking permit or transfer a parking permit from the vehicle for which it was acquired to another vehicle without approval in advance of the City Manager;

(h) Park a vehicle in any parking lot or space which requires a parking permit without displaying a valid permit.

(i) Cause, allow, permit, or suffer any vehicle registered to back into a parking space to and/or

obstruct vehicle license plate.

Sec. 14-14.8. Collection of deposited moneys

The City administration shall provide for the regular collection of the money deposited in the parking

meters. All of the money shall be deposited into the Parking Fund of the City.

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EXHIBIT “A”

Sec. 14-14.9. Issuance of parking ticket

(a) A parking enforcement specialist who discovers a vehicle parked in violation of this Chapter may:

(1) Issue a ticket in the form used by the City to the driver; or

(2) If the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place.

(b) The uniform traffic citation prepared by the State Department of Transportation pursuant to F.S. Section 316.650 may not be used by the City for parking violations.

Sec. 14-14.10. Liability for payment of parking ticket violations

(a) The registered owner of a vehicle is responsible and liable for payment of any parking ticket violation.

The owner of a stolen vehicle is not responsible for a parking ticket violation from the date it is reported stolen to the Police Department.

(b) Any person issued a parking ticket by a parking enforcement specialist shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. In the event that payment is not received or a response to the ticket is not made within the time period specified thereon, the City shall notify the registered owner of the vehicle which was cited, by mail to the address given on the motor vehicle registration, of the ticket. Mailing of the notice to this address shall constitute notification. Upon notification, the registered owner shall comply with the City's decision.

(c) Any person who fails to satisfy the City's directive shall be deemed to waive his right to pay the applicable civil penalty.

(d) Any person who elects to appear before a designated official to present evidence shall be deemed to have waived his right to pay the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed one hundred dollars ($100.00) plus costs. Any person who fails to pay the civil penalty within the time allowed by the City shall be deemed to have been convicted of a parking ticket violation, and the city shall take appropriate measure to enforce collection of the fine.

(e) Any provision of (b), (c) and (d) above to the contrary notwithstanding, the provisions of F.S. Ch. 318 shall not apply to violations of the City's regulations.

(f) The City shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department, or similar digital file, listing persons who have three (3) or more outstanding parking violations or one or more outstanding violations of F.S. § 316.1955. The department shall mark the appropriate registration records of persons so reported. If the applicant's name appears on the list referred to herein, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the clerk showing that such parking fines have been paid.

Sec. 14-14.11. Immobilization of vehicles by the city to collect outstanding parking fines

(a) Any parking enforcement specialist employed by the City is hereby authorized to attach a "Denver

boot" or other nondestructive device, which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions:

(1) The motor vehicle has, on at least five (5) prior occasions, been found stopped, standing or parked on any street, alley or thoroughfare within the City in violation of a State law or City ordinance for which parking tickets have been issued and to which the registered owner has failed or refused to respond by requesting an administrative hearing before the City Manager's designee

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EXHIBIT “A”

or by paying the civil penalties indicated upon the parking tickets. A parking ticket issued for parking in a handicapped parking space shall count as three (3) occasions or tickets for the purposes of this Section.

(2) The registered owner of the motor vehicle has been given written notice by mail (to the address listed by the Florida Department of Highway Safety and Motor Vehicles) or otherwise that the provisions of this Section will be enforced against the motor vehicle unless, not more than ten (10) calendar days from the date of receipt of the notice, the owner shall pay the civil penalties for all such outstanding parking tickets, or request an administrative hearing before the City Manager's designee to determine whether the immobilization of the vehicle is warranted or notifies the City that he has requested a court hearing for the unpaid tickets; and

(3) The registered owner of the motor vehicle has failed or refused to respond to the notice described in Section (A)(2) above by paying such civil penalties or requesting an administrative hearing or court hearing; and

(4) If the owner or operator of such vehicle requests an administrative hearing, the City Manager's designee shall grant an administrative hearing within ten (10) working days from the date of such request. Immobilization shall be warranted if the City Manager's designee finds that the City has correctly followed the notice procedures of this Section and there are a sufficient number of outstanding parking tickets. The owner or operator may appeal the City Manager's designee's decision to the City Manager.

(b) The City shall maintain a current list of all motor vehicles to which an immobilizing device may be attached pursuant to this Section.

(c) The immobilizing device shall be attached to the motor vehicle at any location within the City where the motor vehicle may be found, if the location is in a right-of-way or a place where the public is invited to travel, except that no motor vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic.

(d) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield and to the left front window (driver's side) stating that the immobilizing device has been attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the motor vehicle that the motor vehicle is immobilized because of civil penalties assessed due to unpaid citations, that a removal charge for removal of the immobilizing device has been incurred, and the location to which the owner or operator must go in order to pay the civil penalties and removal charge and have the immobilizing device removed from the motor vehicle.

(e) Except as provided in Subsection (F) below, the immobilizing device shall be removed from the motor vehicle only upon payment of the civil penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charges, or upon the authorization of the City Manager's designee. Payment may be made in the form of cash, cashier's check, money order, MasterCard or Visa.

(f) The owner or operator of a vehicle which has been immobilized with an immobilizing device shall have the right to request the City Manager's designee to conduct an administrative hearing for the purpose of determining whether such vehicle was properly immobilized in accordance with the terms of this Section. The hearing shall be held during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays) and within twenty-four (24) hours of such a request being made if the City Manager's designee is available. If said immobilization occurs after normal City business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) said hearing will be scheduled within twenty-four (24) hours of the opening of the business. The owner or operator requesting the hearing shall receive notice of its date, time and place at the time the request is made. If, upon the conclusion of the hearing, the City Manager's designee determines that the vehicle was properly immobilized in accordance with the terms of this Section, the owner or operator, in order to obtain the removal of the immobilizing device, shall pay the City the amount indicated in subsection (e). If the City Manager's designee determines that the vehicle was not properly immobilized, the immobilizing device shall be removed as soon as

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EXHIBIT “A”

possible. The owner or operator may appeal the decision of the City Manager's designee to the City Manager.

(g) The removal charge for the authorized removal of an immobilizing device shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission.

(h) As an additional remedy, if an immobilizing device remains on a motor vehicle for more than twenty-four (24) hours, any motor vehicle described in subsection (a) may be towed from any location where it may be found within the City, if the location is in a right-of-way or a place where the public is invited to travel, and shall be impounded until the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing and impoundment.

(i) This Section shall be applied retrospectively so that any outstanding citation or summons shall be includable in determining whether the requirements of subsection (a)(1) have been met.

(j) The City Manager shall have the right to appoint the parking management specialist or another designee to conduct the administrative hearings.

(k) If the immobilizing device is destroyed or damaged while placed on a motor vehicle, the owner of the motor vehicle shall be responsible for the costs to repair such damage or to replace the immobilizing device if destroyed. However, in no event shall such charges exceed five hundred dollars ($500.00). Such charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed on a motor vehicle and the motor vehicle is moved without returning the immobilizing device, the owner of the motor vehicle shall then be responsible for the replacement cost of the immobilizing device.

Sec. 14-14.12. Penalty

(a) It shall be unlawful for any person to violate any of the parking regulations referenced in this Chapter.

Any person who violates any provision of this chapter will be subject to a penalty, which may include fines, immobilization, or towing.

(b) The amount of the fines for the violation of parking regulations shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission.

(c) Failure to pay penalties within fourteen (14) days of issuance of the parking violation shall result in a service charge to the violator per citation in addition to the cost of the penalty. The amount of the service charge for the violation of parking regulations enumerated herein shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission.

(d) Failure to pay penalties within ninety (90) days or more shall be referred to a registered collection agency which will pursue the collection of the outstanding balance of the unpaid fine along with any collection fees, service charges, or costs accrued for the collection of said fines in an amount not to exceed forty (40) percent of the amount owed at the time the account is referred to the collection agency.

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EXHIBIT “1”

Sec. 16-61. Reserved

(a) The purpose of this section is to establish an annual and daily boat launching and trailer parking user fee for the Harvey E. Oyer, Jr. Park, and to establish rules and regulations related to the use of the Park.

(b) The city shall charge a fifty dollar ($50.00) annual decal fee. On weekends and holidays, those who do not have an annual decal may pay a ten dollar ($10.00) daily fee. There is no daily fee for non-decal holders during the weekdays (Monday through Friday).

(c) The city shall not differentiate between residents and non-residents of the county or the state while processing decal applications.

(d) (1) Decals will be issued to an applicant on an annual basis, October 1 to September 30, upon satisfactory completion of appropriate application forms, commencing October 1, 2001. All decals shall be permanently affixed on the passenger side of the trailer (on a conspicuous part of the winch post; alternately the tongue, as close as possible to the ball). Decals placed on a trailer other than the one for which it was originally issued shall be construed to be void.

(2) In the event that the trailer to which the permanent decal was issued has been sold or otherwise changed ownership and/or in the event a properly issued decal is mutilated and can be identified, the decal will be replaced for a charge of twenty-five dollars ($25.00), provided the holder can return an identifiable portion of the mutilated decal to the city. In the event the holder of a lost or mutilated decal cannot provide an identifiable portion or part of the decal, the charge for a replacement decal will be the sum of fifty dollars ($50.00).

(e) Boats, vessels and trailers that do not have a lawfully issued decal shall be subject to a twenty-five dollar ($25.00) fine.

Sec. 16-82. Rules, regulations controlling parking of vehicles at municipal beach property located within the Town of Ocean Ridge.Reserved

The City Manager is hereby directed to implement subject procedures at the earliest possible date. (Said regulations are set out below.)

POLICY NO. 1. PARKING PERMITS

Parking permits will be issued on an annual basis (October 1 through September 30) each year to residents (see “Definitions”) of the City of Boynton Beach, for a charge of fifty dollars ($50.00) for each decal issued to a

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EXHIBIT “1”

resident vehicle, upon satisfactory completion of appropriate application forms. Applicants will be required to establish proof of residency in the City of Boynton Beach (see “Definitions”) and to present their official state motor vehicle tag registration certificate for each decal purchased.

Lost or mutilated parking permits. In the event that the vehicle to which the permanent decal was issued has been sold or otherwise changed ownership and/or in the event a properly issued parking decal is mutilated and can be identified, such decal will be replaced for a charge of fifteen dollars ($15.00), provided the holder can return an identifiable portion of the mutilated parking decal to the city. In the event the holder of a lost or mutilated parking permit cannot provide an identifiable portion or part of such parking decal, the charge for a replacement decal will be the sum of fifty dollars ($50.00).

Qualified nonresidents: Qualified nonresidents may obtain beach decals that permit parking annually. The cost for such permit as set forth herein:

The permit fee for qualified nonresidents shall be two hundred dollars ($200.00) each.

Definitions.

City employees: All city employees, classified, nonclassified and retired, regardless of residency,shall be eligible to receive one (1) parking permit. Proof of employment shall be established through the Personnel Department of the city. Persons who terminate (not retired) their employment with the city and who are not city residents shall be required to scrape off their stickers and return remains to the issuing office.

Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or living accommodations within the City of Boynton Beach for a time period of at least six (6) consecutive months each calendar year, as well as members of their immediate family residing with them; provided, however, for purposes of this section, the term “City of Boynton Beach” shall include all property within the corporate limits of the Town of Ocean Ridge. Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed or lease agreement.

Qualified nonresident: Anyone who is not a resident but who resides in the agricultural reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by the Loxahatchee National Wildlife Refuge.

POLICY NO. 2. PROCEDURE FOR ISSUANCE OF PARKING PERMITS

(1) Ensure that applicants are residents as defined in Policy No. 1.

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EXHIBIT “1”

(2) Request proof of residency. Proof established in accordance with Policy No. 1.

(3) Request separate vehicle registration for each parking permit to be issued.

(4) Residents leasing automobiles should provide contract documents establishing the lease agreement or arrangement or company car assignment.

(5) Issuing authority shall complete parking permit application by listing separate permit numbers opposite the make, model and year of each vehicle.

(6) All parking permits shall be permanently affixed upon the lower, left-hand side (driver’s side) of the front windshield of such vehicle. Decals placed on a vehicle other than the one for which it was originally issued shall be construed to be void.

(7) Parking permits issued to motorcycles, motor bikes, and motor scooters shall be displayed on the left front fork of such vehicle or other visible location in the area of the left front.

PARKING FEES FOR MOTOR VEHICLES

A daily parking fee is hereby established for all motor vehicles parking at the public beach, except those hereinafter excepted, in accordance with the following rates and charges.

May 1—November 15

Weekdays (Monday - Friday) $5.00

Weekends (Saturday & Sunday)

and holidays $10.00

November 16—April 30 $10.00

Exceptions:

(1) Vehicle having affixed thereto a parking permit issued in accordance with the rules and regulations of Policies 1 and 2.

(2) Official state, county and city vehicles entering the park in the performance of governmental functions.

(3) The vehicles of public utility companies, workmen, tradesmen, or salesmen when engaged in official park business.

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EXHIBIT “1”

(4) School buses transporting Florida school, college or university students in a group or body for a field trip for educational purposes. This exception shall not apply to vehicles transporting such groups to the park for recreational purposes.

Florida school groups, as mentioned in exception (4), must make prearrangements with the Director of Recreation and Parks, or his or her designee, by submitting a letter from the school principal certifying that the trip is a part of the school curriculum.

Parking permits will be available to all city residents as outlined in Policies 1 and 2. Vehicles not exhibiting the permit will be required to pay the parking fee in accordance with this policy.

PARKING AREAS FOR MOTOR VEHICLES

Trucks, buses and trailers shall park in the lower level spaces of the parking area at the public beach.

PENALTY FOR NONCOMPLIANCE WITH RULES AND REGULATIONS

It shall be unlawful for any person to falsify information in the process of

applying for a parking permit, for any person to sell a parking permit, for any

person to transfer a parking permit to a nonresident, or for any person to fail to

follow the rules and regulations pertaining to the use of the parking facilities at

the public beach.

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EXHIBIT “2”

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CHAPTER 14 – MOTOR VEHICLES AND TRAFFIC Sec. 14-14. Parking Meters Sec. 14-14.1. Definitions

For the purpose of this subchapter the following definitions shall apply unless the context clearly

indicates or requires a different meaning:

City employees: All city employees, classified, nonclassified and retired, regardless of residency. Proof of employment shall be established through the Human Resources Department of the city.

Multispace parking meter. Any mechanical device or technology placed or erected for the regulation of more than one parking space.

Multispace parking meter zones. Any space or group of spaces controlled by a single multispace parking meter or technology. Spaces shall be signed so as to allow users to identify the appropriate location in order to pay the appropriate fees to park in said spaces.

Parking meter. Any mechanical device or technology placed or erected for the regulation of parking by authority of this subchapter.

Parking meter space. Any space within a parking meter zone adjacent to a parking meter or technology and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters or which is in an area clearly marked by signs indicating the space is in a parking meter zone and indicating that payment may be made by the use of parking meter technology.

Parking meter technology. Any technology that allows payment for parking in parking meter zones without the use of mechanical parking meters, including but not limited to telephone, smartphone applications, website, single or multi space meters, or any other technology as deemed appropriate by the City to pay for parking. Parking meter technology may utilize parking space numbers, license plates, sticker numbers, or any other means designated by the specific parking meter technology to process parking payment.

Parking meter zone. Any area designated by resolution as a parking meter zone.

Resident: Anyone owning real estate and/or leasing, renting or occupying real estate or living

accommodations within the City of Boynton Beach for a time period of at least six (6) consecutive months

each calendar year, as well as members of their immediate family residing with them; provided, however,

for purposes of this section, the term “City of Boynton Beach” shall include all property within the

corporate limits of the Town of Ocean Ridge. Proof of residency shall be established by some suitable

means, such as utility bill, tax bill, property deed or lease agreement.

Senior Resident: Anyone 65 years or older owning real estate and/or leasing, renting or occupying

real estate or living accommodations within the City of Boynton Beach for a time period of at least six (6)

consecutive months each calendar year, as well as members of their immediate family residing with them.

Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed

or lease agreement.

Nonresident: Anyone who is not a resident but who resides in the agricultural reserve area of

unincorporated Palm Beach County bounded on the south by lateral Canal No. 30, bounded on the north

by Hypoluxo Road, and bounded on the west by the Loxahatchee National Wildlife Refuge.

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Sec. 14-14.2. Parking meter zones; installation of meters

(a) The City is hereby authorized to establish by resolution certain sections of the City public right of way

or public off-street parking facilities to be designated as parking meter zones.

(b) The City is hereby authorized to install, or have installed, parking meters for the parking spaces in parking meter zones.

(c) Each parking meter zone shall provide signage to notify drivers of the required payment for that parking meter zone and the maximum length of allowable parking time.

(d) Each parking meter or technology installed in a parking meter zone shall indicate by proper legend the legal parking time established by the City, and when operated shall at all times indicate the balance of legal parking time, and at the expiration of the period shall indicate illegal or overtime parking.

(e) For any parking space in a parking meter zone for which no meter is installed adjacent to the space, the City shall install signage in the area and visible from the space indicating that payment of the parking meter rates for that space shall be made by using parking meter technology, and indicating the procedure for using said technology.

(f) When parking meter technology is in use, it shall notify the user and the parking enforcement officer of the legal parking time for which payment has been made and the balance of legal parking time.

(g) Nothing in this section shall be construed as prohibiting the City Manager or his or her designee from temporarily restricting parking or allowing parking at no charge at spaces within parking meter zones based on special circumstances, including but not limited to emergencies, special events. construction, change in building uses, and actual usage of parking spaces in the zones.

(h) No person shall move and repark a vehicle on either side of a street within the same block in order to avoid exceeding the parking meter time limits specified for either side of the street in that particular block.

Sec. 14-14.3. Operation of parking meters

(a) When any vehicle is parked in any parking space in a parking meter zone when payment is required,

the operator of this vehicle shall, upon entering the parking meter space, pay the parking meter rate by using parking meter technology.

(1) If payment is made using parking meter technology, the operator shall follow the directions posted for the use of such technology.

(b) Upon payment of the parking meter rate, the parking space may be lawfully occupied by the vehicle during the period of time which has been prescribed for the part of the street in which the parking space is located.

(c) If the vehicle shall remain parked in any parking space beyond the parking time limit set for that parking space, and if the parking meter technology shall indicate illegal parking, then, and in that event, the vehicle shall be considered as parking overtime and beyond the period of legal parking time, and parking shall be deemed a violation of this subchapter.

Sec. 14-14.4. Cost of parking or standing vehicle in certain metered spaces

The cost of parking or standing a vehicle in a parking meter space located in a parking meter zone

shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission.

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EXHIBIT “2”

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Sec. 14-14.5. Parking time limits

The parking meters shall be operated in the parking meter zones every day for the hours stated by

the appropriate signage in the particular parking meter zones, including Sundays and holidays.

Sec. 14-14.6. Parking meter permits

(a) Any person may purchase a "beach parking permit" in accordance with and subject to the

administrative rules and regulations promulgated by the City. A beach parking permit shall authorize the operator to park the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Ocean Front Park parking lots without requiring payment of the parking meter rate.

(b) Any person may purchase a "boat launch/trailer parking permit" in accordance with and subject to the administrative rules and regulations promulgated by the City. A boat launch/trailer parking permit shall authorize the operator to park the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Harvey E. Oyer, Jr. Park parking lots without requiring payment of the parking meter rate.

(c) Any City Employee may purchase an "employee parking permit" in accordance with and subject to the administrative rules and regulations promulgated by the City. An employee parking permit shall authorize the operator of the vehicle to park in the Town Square Garages without requiring the payment of the parking meter rate.

(d) The fee for obtaining the parking permits described in this section shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission.

(e)

Sec. 14-14.7. Certain acts prohibited

It shall be unlawful and a violation of the provisions of this subchapter for any person to:

(a) Cause, allow, permit, or suffer any vehicle registered in his name to be parked overtime;

(b) Cause, allow, permit, or suffer any vehicle registered in his name to remain or be placed in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying the parking space has already been parked beyond the period prescribed for the parking space;

(c) Cause, allow, permit, or suffer any vehicle registered in his name to be parked across any line or marking of a parking meter space or in a position that the vehicle shall not be entirely within the area designated by the lines or markings;

(d) Deface, injure, tamper with, open, break, destroy, or impair the usefulness of any parking meter installed under the provisions of this subchapter;

(e) Deposit or cause to be deposited in any parking meter any slugs, device, or metal substance, or other substitute for lawful coins;

(f) Park a vehicle in any parking space designated as a handicapped parking space without displaying a permit for handicapped parking which has been issued by a governmental agency having the authority to issue the permit;

(g) Deface a parking permit or transfer a parking permit from the vehicle for which it was acquired to another vehicle without approval in advance of the City Manager;

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EXHIBIT “2”

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(h) Park a vehicle in any parking lot or space which requires a parking permit without displaying a valid permit.

(i) Cause, allow, permit, or suffer any vehicle registered to back into a parking space to and/or

obstruct vehicle license plate.

Sec. 14-14.8. Collection of deposited moneys

The City administration shall provide for the regular collection of the money deposited in the parking

meters. All of the money shall be deposited into the Parking Fund of the City.

Sec. 14-14.9. Issuance of parking ticket

(a) A parking enforcement specialist who discovers a vehicle parked in violation of this Chapter may:

(1) Issue a ticket in the form used by the City to the driver; or

(2) If the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place.

(b) The uniform traffic citation prepared by the State Department of Transportation pursuant to F.S. Section 316.650 may not be used by the City for parking violations.

Sec. 14-14.10. Liability for payment of parking ticket violations

(a) The registered owner of a vehicle is responsible and liable for payment of any parking ticket violation.

The owner of a stolen vehicle is not responsible for a parking ticket violation from the date it is reported stolen to the Police Department.

(b) Any person issued a parking ticket by a parking enforcement specialist shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. In the event that payment is not received or a response to the ticket is not made within the time period specified thereon, the City shall notify the registered owner of the vehicle which was cited, by mail to the address given on the motor vehicle registration, of the ticket. Mailing of the notice to this address shall constitute notification. Upon notification, the registered owner shall comply with the City's decision.

(c) Any person who fails to satisfy the City's directive shall be deemed to waive his right to pay the applicable civil penalty.

(d) Any person who elects to appear before a designated official to present evidence shall be deemed to have waived his right to pay the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed one hundred dollars ($100.00) plus costs. Any person who fails to pay the civil penalty within the time allowed by the City shall be deemed to have been convicted of a parking ticket violation, and the city shall take appropriate measure to enforce collection of the fine.

(e) Any provision of (b), (c) and (d) above to the contrary notwithstanding, the provisions of F.S. Ch. 318 shall not apply to violations of the City's regulations.

(f) The City shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department, or similar digital file, listing persons who have three (3) or more outstanding parking violations or one or more outstanding violations of F.S. § 316.1955. The department shall mark the appropriate registration records of persons so reported. If the applicant's name appears on the list referred to herein, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the clerk showing that such parking fines have been paid.

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EXHIBIT “2”

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Sec. 14-14.11. Immobilization of vehicles by the city to collect outstanding parking fines

(a) Any parking enforcement specialist employed by the City is hereby authorized to attach a "Denver

boot" or other nondestructive device, which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions:

(1) The motor vehicle has, on at least five (5) prior occasions, been found stopped, standing or parked on any street, alley or thoroughfare within the City in violation of a State law or City ordinance for which parking tickets have been issued and to which the registered owner has failed or refused to respond by requesting an administrative hearing before the City Manager's designee or by paying the civil penalties indicated upon the parking tickets. A parking ticket issued for parking in a handicapped parking space shall count as three (3) occasions or tickets for the purposes of this Section.

(2) The registered owner of the motor vehicle has been given written notice by mail (to the address listed by the Florida Department of Highway Safety and Motor Vehicles) or otherwise that the provisions of this Section will be enforced against the motor vehicle unless, not more than ten (10) calendar days from the date of receipt of the notice, the owner shall pay the civil penalties for all such outstanding parking tickets, or request an administrative hearing before the City Manager's designee to determine whether the immobilization of the vehicle is warranted or notifies the City that he has requested a court hearing for the unpaid tickets; and

(3) The registered owner of the motor vehicle has failed or refused to respond to the notice described in Section (A)(2) above by paying such civil penalties or requesting an administrative hearing or court hearing; and

(4) If the owner or operator of such vehicle requests an administrative hearing, the City Manager's designee shall grant an administrative hearing within ten (10) working days from the date of such request. Immobilization shall be warranted if the City Manager's designee finds that the City has correctly followed the notice procedures of this Section and there are a sufficient number of outstanding parking tickets. The owner or operator may appeal the City Manager's designee's decision to the City Manager.

(b) The City shall maintain a current list of all motor vehicles to which an immobilizing device may be attached pursuant to this Section.

(c) The immobilizing device shall be attached to the motor vehicle at any location within the City where the motor vehicle may be found, if the location is in a right-of-way or a place where the public is invited to travel, except that no motor vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic.

(d) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield and to the left front window (driver's side) stating that the immobilizing device has been attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the motor vehicle that the motor vehicle is immobilized because of civil penalties assessed due to unpaid citations, that a removal charge for removal of the immobilizing device has been incurred, and the location to which the owner or operator must go in order to pay the civil penalties and removal charge and have the immobilizing device removed from the motor vehicle.

(e) Except as provided in Subsection (F) below, the immobilizing device shall be removed from the motor vehicle only upon payment of the civil penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charges, or upon the authorization of the City Manager's designee. Payment may be made in the form of cash, cashier's check, money order, MasterCard or Visa.

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(f) The owner or operator of a vehicle which has been immobilized with an immobilizing device shall have the right to request the City Manager's designee to conduct an administrative hearing for the purpose of determining whether such vehicle was properly immobilized in accordance with the terms of this Section. The hearing shall be held during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays) and within twenty-four (24) hours of such a request being made if the City Manager's designee is available. If said immobilization occurs after normal City business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) said hearing will be scheduled within twenty-four (24) hours of the opening of the business. The owner or operator requesting the hearing shall receive notice of its date, time and place at the time the request is made. If, upon the conclusion of the hearing, the City Manager's designee determines that the vehicle was properly immobilized in accordance with the terms of this Section, the owner or operator, in order to obtain the removal of the immobilizing device, shall pay the City the amount indicated in subsection (e). If the City Manager's designee determines that the vehicle was not properly immobilized, the immobilizing device shall be removed as soon as possible. The owner or operator may appeal the decision of the City Manager's designee to the City Manager.

(g) The removal charge for the authorized removal of an immobilizing device shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission.

(h) As an additional remedy, if an immobilizing device remains on a motor vehicle for more than twenty-four (24) hours, any motor vehicle described in subsection (a) may be towed from any location where it may be found within the City, if the location is in a right-of-way or a place where the public is invited to travel, and shall be impounded until the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing and impoundment.

(i) This Section shall be applied retrospectively so that any outstanding citation or summons shall be includable in determining whether the requirements of subsection (a)(1) have been met.

(j) The City Manager shall have the right to appoint the parking management specialist or another designee to conduct the administrative hearings.

(k) If the immobilizing device is destroyed or damaged while placed on a motor vehicle, the owner of the motor vehicle shall be responsible for the costs to repair such damage or to replace the immobilizing device if destroyed. However, in no event shall such charges exceed five hundred dollars ($500.00). Such charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed on a motor vehicle and the motor vehicle is moved without returning the immobilizing device, the owner of the motor vehicle shall then be responsible for the replacement cost of the immobilizing device.

Sec. 14-14.12. Penalty

(a) It shall be unlawful for any person to violate any of the parking regulations referenced in this Chapter.

Any person who violates any provision of this chapter will be subject to a penalty, which may include fines, immobilization, or towing.

(b) The amount of the fines for the violation of parking regulations shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission.

(c) Failure to pay penalties within fourteen (14) days of issuance of the parking violation shall result in a service charge to the violator per citation in addition to the cost of the penalty. The amount of the service charge for the violation of parking regulations enumerated herein shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission.

(d) Failure to pay penalties within ninety (90) days or more shall be referred to a registered collection agency which will pursue the collection of the outstanding balance of the unpaid fine along with any collection fees, service charges, or costs accrued for the collection of said fines in an amount not to exceed forty (40) percent of the amount owed at the time the account is referred to the collection agency.

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8.B.PUBLIC HEARING

8/4/2020

City of Boynton BeachAgenda Item Request Form

Commission Meeting Date: 8/4/2020

Requested Action by Commission: Proposed Ordinance 20-029 - First Reading Approve request forAbandonment of a portion of a ten (10) foot wide Utility Easement (ABAN 20-008) located at 2735 SW 23rdCranbrook Drive, Cranbrook Lake Estates PUD. Applicant: David LaMaster

Explanation of Request: David LaMaster, Applicant and Homeowner, is requesting to abandon a portion of a utility easement located tothe rear of his residence to allow construction of a private swimming pool. The subject property, located at2735 SW 23rd Cranbrook Drive, is a single-family lot classified LDR (Low Density Residential) future landuse and zoned PUD (Planned Unit Development). The applicant indicates that this portion of the utilityeasement is being vacated because there are no longer any public utilities located within the easement and itwill not have any public utilities in the future. Therefore, the easement no longer serves a public purpose. Allutility providers have indicated they have no objection to this abandonment request. Portions of this utility easement on other lots within the PUD have previously been abandoned by the City perthe requests of individual homeowners, including the neighbor two (2) lots to the east in 2016. That neighborhas since constructed their pool. The Home Owners Association has no objection to this request and staffrecommends approval.

How will this affect city programs or services? N/A

Fiscal Impact: N/A

Alternatives: None recommended.

Strategic Plan:

Strategic Plan Application: N/A

Climate Action: No

Climate Action Discussion: N/A

Is this a grant?

Grant Amount:

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