Ordinance 03-2014 ZoningAN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 134, ZONING; ARTICLE X, ON- STREET
PARKING PERMITS; DIVISION 2, RESIDENTIAL
DISTRICTS; SECTION 134 -2298, ENUMERATING
UNLAWFUL ACTS; SECTION 134 -2301, PENALTIES,
PROVIDING FOR SURRENDERING OF PERMITS;
PROVIDING FOR A NEW SECTION 134 -2302,
REGARDING REVOCATION OF DECAL /PERMIT;
AMENDING DIVISION 3, RESIDENTIAL DISTRICTS
ADJACENT TO COMMERCIAL DISTRICTS; SECTION 134-
2334, ENUMERATING UNLAWFUL ACTS; PROVIDING
FOR A NEW SECTION 134 -2335, PENALTIES; PROVIDING
FOR A NEW SECTION 134 -2336, REVOCATION OF
DECAL /PERMITS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 134, Zoning; Article X, On- Street Parking Permits; Division 2,
Residential Districts; Section 134 -2298, to read as follows:
Under this division, it shall be unlawful for any person to:
(1) Represent that he is entitled to a permit under this division when he is not
so entitled;
(2) To furnish any false information in an application to the finance department
to obtain a residential parking permit;
(3) Fail to surrender a permit to which he is no longer entitled; or
(4) Park a vehicle displaying such a permit at any time when the holder of
such permit is not entitled to hold it.
(5) Park a vehicle without a properly displayed and valid residential parking
permit issued pursuant to this division.
Ordinance No. 3 -2014 Page 1 of 5
(6) Park a vehicle displaying a counterfeit residential parking permit.
(7) Modify or alter in any way a current or previously issued residential
parking permit.
(8) Give to another person or sale to another person a residential parking
permit. Temporarily providing a visitor permit to a person legally entitled
to use such under this division shall not be construed as being unlawful.
(9) Provide a residential parking permit to any person or vehicle not legally
entitled to possess or display such permit.
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 134, Zoning; Article X, On- Street Parking Permits; Division 2,
Residential Districts; Section 134 -2301, to read as follows:
Any person illegally parked pursuant to this division shall be fined in the
manner provided for illegal parking and his /her vehicle may be towed and stored at
his /her expense."
Section 3. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 134, Zoning; Article X, On- Street Parking Permits; Division 2,
Residential Districts; to add a new Section 134 -2302, Revocation of decal /permit, to
read as follows:
-. .-
(a) The Public Safety Director or his /her designee is authorized to revoke the
residential parking area decal /permits of any decal /permit holder based upon
evidence that the decal /permit holder has violated the provisions of this article.
The holder shall be served notice by certified mail or hand delivery of the
proposed revocation and, upon request, shall have an opportunity to present to
the Town Council evidence as to why the decal /permit should not be revoked.
The decal /permit holder must request such a hearing in writing and pay an
appeal fee set by resolution of the town council within ten days after the notice of
proposed revocation is delivered or mailed. If the Town Council finds in favor of
the decal /permit holder, the appeal fee shall be refunded. The holder of revoked
decal /permits must return the decal /permits to the Town Manager or his /her
designee and shall not be allowed to reapply for another decal /permit for one
Ordinance No. 3 -2014 Page 2 of 5
year from the date of revocation.
(b) Revocation under subsection (a) is in addition to any other available remedy
provided by this Code for violations of this article.
Section 4. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 134, Zoning; Article X, On- Street Parking Permits; Division 3,
Residential Districts Adjacent to Commercial Districts; Section 134 -2334, to read as
follows:
"Sec. 134 -2334. Unlawful acts.
Under this division, it shall be unlawful for any person to:
(1) Represent that he is entitled to a permit under this division when he is not
so entitled;
(2) To furnish any false information in an application to the finance
department to obtain a residential parking permit;
(3) Fail to surrender a permit to which he is no longer entitled; or
(4) Park a vehicle displaying such a permit at any time when the holder of
such permit is not entitled to hold it.
(5) Park a vehicle without a properly displayed and valid residential parking
permit issued pursuant to this division.
(6) Park a vehicle displaying a counterfeit residential parking permit.
(7) Modify or alter in any way a current or previously issued residential
parking permit.
(8) Give to another person or sale to another person a residential parking
permit. Temporarily providing a visitor permit to a person legally entitled
to use such under this division shall not be construed as being unlawful.
(9) Provide a residential parking permit to any person or vehicle not legally
entitled to possess or display such permit.
Section 5. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 134, Zoning; Article X, On- Street Parking Permits; Division 3,
Residential Districts Adjacent to Commercial Districts; a n e w Section 134 -2335, to
read as
Ordinance No. 3 -2014 Page 3 of 5
Any person illegally parked pursuant to this division shall be fined in the
manner provided for illegal parking and his /her vehicle may be towed and stored at
his /her expense."
Section 6. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 134, Zoning; Article X, On- Street Parking Permits; Division 3,
Residential Districts; to add a new Section 134 -2336, Revocation of decal /permit, to
read as follows:
. •- .-
(a) The Public Safety Director or his /her designee is authorized to revoke the
residential parking area decal /permits of any decal /permit holder based upon
evidence that the decal /permit holder has violated the provisions of this article.
The holder shall be served notice by certified mail or hand delivery of the
proposed revocation and, upon request, shall have an opportunity to present to
the Town Council evidence as to why the decal /permit should not be revoked.
The decal /permit holder must request such a hearing in writing and pay an appeal
fee set by resolution of the town council within ten days after the notice of
proposed revocation is delivered or mailed. If the Town Council finds in favor of
the decal /permit holder, the appeal fee shall be refunded. The holder of revoked
decal /permits must return the decal /permits to the Town Manager or his /her
designee and shall not be allowed to reapply for another decal /permit for one
year from the date of revocation.
(b) Revocation under subsection (a) is in addition to any other available remedy
provided by this Code for violations of this article.
Section 7. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Ordinance No. 3 -2014 Page 4 of 5
Section S. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 9. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 10. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town
of Palm Beach on first reading this 9th day of April 2014, and for second and final reading on this
14th day of May 2014.
51il L. Coniglio, Mayor
o s%
i�it
ATTEST:-`
ter'
san . O s, r6MC, Town Clerk
p: \docs \13156 \00008 \doc \1 id2492.docx
rick, Town Council President
Penelope . Townsend, Town Council Member
Ordinance No. 3 -2014 Page 5 of 5