2022-02 Code Amendment - Parking Citation ProcedureORDINANCE NO. 2022-02
t AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING ARTICLE III, "STOPPING, STANDING
AND PARKING," OF CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," OF
THE VILLAGE CODE OF ORDINANCES TO UPDATE THE VILLAGE'S
REGULATIONS AND FORMALIZE THE PARKING CITATION PROCEDURE;
REPEALING SECTION 18-36, "PARKING IN VIOLATION OF SIGNS," SECTION
18-37, `VIOLATIONS; FINES — HANDICAP SPACES," AND SECTION 18-38,
"SAME — NON -HANDICAP SPACES," AND ADOPTING A NEW SECTION 18-36,
"STOPPING, STANDING AND PARKING IN SPECIFIED AREAS," SECTION 18-
37, "PARKING CITATION PROCEDURE," SECTION 18-38, "FINES," AND
SECTION 18-39, "PARKING SPACES FOR THE PHYSICALLY DISABLED;"
AMENDING ARTICLE II, "BOAT LAUNCHING AREA," OF CHAPTER 51
"BOATS, DOCKS AND WATERWAYS," BY REPEALING SECTION 5-38,
"VIOLATION; PENALTY;" PROVIDING FOR CODIFICATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality,
possesses the Home Rule Authority conferred upon it by the Florida Constitution and Chapter 166,
Florida Statutes; and
WHEREAS, Section 316.008, Florida Statutes, authorizes municipalities, with respect to streets
and highways under their jurisdiction and within the reasonable exercise of their police powers, to
regulate or prohibit stopping, standing and parking; and
WHEREAS, the Village Council wishes to amend Article III, "Stopping, Standing and
Parking," of Chapter 18, "Motor Vehicles and Traffic," of the Village Code of Ordinance to: provide
additional regulations applicable to parking, stopping and standing; update and formalize the Village's
parking citation procedures and extend such procedures to all Village Code provisions regulating
parking; and provide for the establishment of all fines by resolution of the Village Council (including
the removal of fines currently set forth in Chapter 5 of the Village Code); and
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best
interests of the residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct and are
incorporated herein.
Section 2. The Village Council hereby amends Chapter 18, "Motor Vehicles and Traffic," of the
Village Code of Ordinances by amending Article III, "Stopping, Standing and Parking," to read as
follows (additional language is underlined and deleted language is st-rieken t1wough
Page 1 of 4
Sec. 18-36. Stopping, parking and standing prohibited in specified areas.
No person shall stop, park or leave standing a motor vehicle in any of the
following places, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a law enforcement officer or traffic control device:
(1) On a sidewalk or in such a manner that any part of the vehicle is
protruding over a sidewalk;
(2) Within any intersection or crosswalk;
(3) On a bicycle path or exclusive bicycle lane;
(4) Within a marked fire lane; and
(5) Within any area where a sign or other traffic control device (including
signals, markings and devices placed or erected by the village for the
purpose of regulating, warning orug iding motor vehicles and traffic)
prohibits standing, stopping or parking.
:,T.7;9
9 ,, ILW
1-11 111 11
.
r�
• 1 DOM, •
•ITA
_ _ . . . •
18 36. PaAr-ldng in violation
of signs
unlawful,See.
it shall be when
signs
have been ereeted givingi
notiee to
stop, stand or pafk a vehiele in violation
11 /� � 1
Ng of pr] fk Y1g o e 1eIAs
standing
of
signs fegulating or prohibiting
the sto-L X i
Sec. 18-36. Stopping, parking and standing prohibited in specified areas.
No person shall stop, park or leave standing a motor vehicle in any of the
following places, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a law enforcement officer or traffic control device:
(1) On a sidewalk or in such a manner that any part of the vehicle is
protruding over a sidewalk;
(2) Within any intersection or crosswalk;
(3) On a bicycle path or exclusive bicycle lane;
(4) Within a marked fire lane; and
(5) Within any area where a sign or other traffic control device (including
signals, markings and devices placed or erected by the village for the
purpose of regulating, warning orug iding motor vehicles and traffic)
prohibits standing, stopping or parking.
:,T.7;9
9 ,, ILW
Sec. 18-37. Parking citation procedure.
a) Anv violator of the provisions of this article or anv other code provision
regulatingparking within the village, including but not limited to Section 5-33, Section
5-35, Section 20-5, and Section 45-40(c)(4), may be notified of said violation by the
issuance of a citation to the operator of the vehicle or the attachment of the citation to
the vehicle by a law enforcement officer, code enforcement officer or in the case of
violations at village parks, a park ranger.
Page 2 of 4
1-11 111 11
.
r�
• 1 DOM, •
•ITA
_ _ . . . •
Sec. 18-37. Parking citation procedure.
a) Anv violator of the provisions of this article or anv other code provision
regulatingparking within the village, including but not limited to Section 5-33, Section
5-35, Section 20-5, and Section 45-40(c)(4), may be notified of said violation by the
issuance of a citation to the operator of the vehicle or the attachment of the citation to
the vehicle by a law enforcement officer, code enforcement officer or in the case of
violations at village parks, a park ranger.
Page 2 of 4
1-11 111 11
MM •
. A SO
Sec. 18-37. Parking citation procedure.
a) Anv violator of the provisions of this article or anv other code provision
regulatingparking within the village, including but not limited to Section 5-33, Section
5-35, Section 20-5, and Section 45-40(c)(4), may be notified of said violation by the
issuance of a citation to the operator of the vehicle or the attachment of the citation to
the vehicle by a law enforcement officer, code enforcement officer or in the case of
violations at village parks, a park ranger.
Page 2 of 4
(b) Payment of the parking fine may be made at the police department
within the timeframe specified on the citation.
(c) If the violator does not pay the citation within the specified time frame,
the village shall assess a delinquent fee
(d) Persons wishing to challenge the issuance of a parking citation may
request a hearing; before the village's code enforcement special magistrate within the
timeframe specified on the citation. A request for a hearing or the failure to pay fine
amount and, if applicable, delinquent fee constitutes a waiver of the right to paw
amount of the civil penalty indicated on the citation and subjects the person to whom
a citation is issued to a fine of up to up $150.00 plus administrative costs incurred by
the village (except for fines for disabled parking violations which shall not _exceed
$250.00 plus administrative costs incurred by the village).
(e) If the specified fine, delinquent fee, and/or administrative costs are not
paid by the time set forth for payment, the entire amount may be referred for collection
to a collection agency designated by the village.
(fl The issuance of parking citations constitutes an additional and
supplemental means of enforcing the provisions of the village code and shall not
prohibit the village from enforcing its codes or ordinances by any other lawful means.
Sec. 18-38. Fine schedule.
With the exception of parking in spaces designated for the physically disabled,
for which in the penalty is specified in section 18-39, the village council shall adopt
by resolution a fine schedule and delinquent fee for the violations specified in Section
18-37(a).
Sec. 18-39. Parking spaces for the physically disabled
(a) The provisions of Sections 316.1955-316.1959, 316.1964 and
316.1967, Florida Statutes, are specifically incorporated herein by reference, and the
village is s empowered to enforce such provisions.
(b) A violation of Section 316.1955, Florida Statutes, shall be deemed a
civil infraction, the fine for which shall be $250.00. The penalties set forth herein are
nonexclusive and may be imposed in addition to or in lieu of any other penalties set
forth in Florida Statutes.
Section 3. The Village Council hereby amends Article II, "Boat Launching Area," of Chapter 5,
"Boats, Docks and Waterways," of the Village Code of Ordinances by repealing Section 5-38 (deleted
language is strievo„ +h,,,,,,gh :
See. 5 38. Violation; penaft-�.-
Page 3 of 4
Section 4. The provisions of this Ordinance shall become and be made part of the Code of
Ordinances for the Village of North Palm Beach, Florida.
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such
holding shall not affect the remainder of the Ordinance.
Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. This Ordinance shall be effective immediately upon adoption.
PLACED ON FIRST READING THIS 9TH DAY OF DECEMBER, 2021.
PLACED ON SECOND, FINAL READING AND PASSED THIS 13TH DAY OF JANUARY, 2022.
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
W c)"
e AYOR
Page 4 of 4