Ordinance 10-2011 Traffic ORDINANCE NO. 10-2011
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 118 RELATING TO TRAFFIC AND VEHICLES;
AMENDING SECTION 118-1; DELETING SECTION 118-51;
AMENDING SECTION 118-86, 118-90, 118-92, 118-93,
118-94, 118-95, 118-96, 118-122, 118-123, 118-124;
DELETING SECTION 118-125; AMENDING SECTIONS
118-126, 118-127, 118-128; DELETING SECTION 118-130;
AMENDING SECTIONS 118-131, 118-132, 118-133, 118-
134, 118-135, 118-136, 118-137; DELETING SECTIONS
118-140 AND 118-141; AMENDING SECTIONS 118-145,
118-149, 118-151, 118-155, 118-159.1 AND 118-164;
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 118, Traffic and Vehicles; Article I, In General; Section 118-1, to
read as follows:
"Sec. 118-1. Definitions.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this subsection, except where
the context clearly indicates a different meaning:
Meter is a device used to measure timed parking for payment."
Section 2. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 118, Traffic and Vehicles; Article II, Recreational Vehicles and
Trucks; by deleting Section 118-51 in its entirety.
Section 3. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking, Stopping and
Standing; Division 1, Generally; Section 118 -86, item (a), to read as follows:
"Sec. 118 - 86. Regulation generally; tow - away zones.
(a) It shall be unlawful for any person to park on any street or
other public thoroughfare within the town any automobile, motorcycle,
bicycle, moped, wagon or other motor - driven or animal- driven vehicle
except in the spaces designated by appropriate signs, markings or white
lines, or under instructions of a police officer or parking enforcement
officer. The town manager and chief of police are hereby vested with
authority to cause such streets to be properly marked and identified so as
to clearly indicate where such vehicles may be parked, by device, sign or
other means whatsoever, provided that the same are uniform in design or
designation throughout the town. The town manager and chief of police
are further vested with the authority to fix the hours of permitted parking
for any vehicle whether motor - driven or manually propelled, provided that
the time limitations be clearly designated by signs uniform in design
throughout the town. The parking of any vehicle, whether motor - driven or
manually propelled in any zone or any street in excess of the time
designated as aforesaid is hereby declared to be unlawful. It shall be
unlawful to relocate a vehicle temporarily from the same parking space
unless the vehicle has left the parking space for an amount of time equal
to or greater than the legal time limit for parking fixed for such parking
space. Likewise, the following are unlawful:
(1) Parking out of the lines designated as above set forth;
(2) Parking on the driver's left-hand side of a two -way street;
(3) Parking in an area designated as a loading zone by other
than service vehicles;
(4) Double parking on any street;
(5) Blocking any driveway, public or private;
(6) Obstructing traffic;
(7) Parking in or on a crosswalk;
Ordinance No.10 -11 Page 2 of 24
(8) Parking in a loading zone; or
(9) Parking in a bus stop
Section 4. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking, Stopping and
Standing; Division 1, Generally; Section 118 -90, to read as follows:
"Sec. 118 -90. Commercial vehicles stopping on Ocean
Boulevard.
It shall be unlawful to park, except for the purpose of discharging or
taking on cargo, any commercial vehicle on Ocean Boulevard within the
town."
Section 5. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking, Stopping and
Standing; Division 1, Generally; Section 118 -92, to read as follows:
"Sec. 118 -92. Penalty for violating parking
regulations generally.
(a) It shall be unlawful for any person to violate any of the
parking regulations referenced in this section.
(1) Overtime parking
(2) Parking on wrong side of street
(3) Parking at yellow curb
(4) Blocking driveway
(5) Parking on sidewalk
(6) Trespassing by vehicle
(7) No parking (designated hours
Ordinance No.10 -11 Page 3 of 24
(8) Parking too close to fire hydrant
(9) No parking anytime
(10) Double parking
(11) Obstructing traffic
(12) Parking in loading zone
(13) Residential parking
(14) Vehicle parked across lines designating
parking space
(15) Vehicle parked in wrong direction on one -way
street
(16) Parking at curbs designated in red
(17) Expired meter
(18) Official parking only
(19) Parking in crosswalk
(20) Parking in passenger loading zone
(21) Overtime parking in a designated parking zone
(in addition to any other parking regulation violation
noted at the time of fine issuance)
(b) The amount of the fines for the violation of parking
regulations enumerated in subsection (a) above shall be established by
resolution of the Town Council and may be amended from time to time by
resolution of the Town Council.
(c) Any person cited for violation of any of the above whose
vehicle remains parked in violation of this section for a period of two hours
or more beyond the time of the initial citation, may be cited for each
subsequent two -hour period or increment thereof during which the vehicle
remains in violation beyond the time of the initial citation.
Ordinance No.10 -11 Page 4 of 24
(d) All other parking violations shall be as prescribed by
appropriate state statute or other town ordinance and resolution relating
thereto, and the fine for same shall be as specified in the town ordinance
or resolution unless otherwise specified by appropriate state statute."
Section 6. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 118, Traffic and Vehicles; Article III, Parking, Stopping and
Standing; Division 1, Generally; Section 118 -93, to read as follows:
"Sec. 118 -93. Delinquency penalty for nonpayment
of parking violation penalties.
Failure to pay penalties for violations of sections 118 -91 and 118-
92 within seven days from the time of issuance of the violation shall result
in an additional delinquency penalty to the violator. The amount of the
delinquency penalty for the violation of parking regulations enumerated
herein shall be established by resolution of the Town Council and may be
amended from time to time by resolution of the Town Council. Failure to
pay the full penalty within seven days of notice of such obligation may
result in a summons being issued ordering and directing the violator to
appear in county court, or civil proceedings may be commenced to
effectuate collection. The violator shall be responsible for all costs incurred
by the town to enforce the provisions of this section."
Section 7. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking, Stopping and
Standing; Division 1, Generally; Section 118 -94, to read as follows:
"Sec. 118 -94. Service charge for nonpayment of parking
violation penalties.
(a) Failure to pay penalties and delinquency assessments for
violations of sections 118 -91 and 118 -92 and in accordance with section
118 -93 within 60 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
violation and delinquent penalty. The amount of the service charge for the
violation of parking regulations enumerated herein shall be established by
resolution of the Town Council and may be amended from time to time by
resolution of the Town Council.
Ordinance No.10 -11 Page 5 of 24
(b) Failure to pay penalties and delinquency assessments for
violations of sections 118 -91 and 118 -92 and in accordance with section
118 -93 within 90 days of issuance of the parking violation shall result in an
additional service charge to the violator per citation in addition to the cost
of the violation, the original delinquent penalty and service charge. The
amount of the additional service charge for the violation of parking
regulations enumerated herein shall be established by resolution of the
Town Council and may be amended from time to time by resolution of the
Town Council."
Section 8. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking, Stopping and
Standing; Division 1, Generally; Section 118 -95, to read as follows:
"Sec. 118 -95. Responsibility for violations; authority
of police to immobilize vehicle.
(a) Responsibility of owner, driver. The registered owner of any
vehicle parked in the town in violation of this article shall be liable for the
penalties prescribed for any such violation. Likewise, the driver of any
motor vehicle parked in violation of this article shall be liable for the
penalties prescribed for a violation hereof.
(b) Immobilizing device.
(1) Parking enforcement personnel of the town are
authorized to attach a device that is capable of immobilizing a
motor vehicle so that it cannot be moved under its own power
without damage to the motor vehicle when the vehicle has, on at
least three prior occasions, been found stopped, standing or parked
on any street, alley or thoroughfare within the town in violation of a
town ordinance or parking meter regulation, for which violation the
registered or titled owner has failed or refused to appear in
response to an existing warrant, citation or summons for such
offenses and when the motor vehicle is found parked on any street,
alley or thoroughfare, public property or parking lot open to the
public within the town.
(2) The immobilizing device shall be attached to the
motor vehicle at a place where it is found, except that no motor
vehicle shall be immobilized within the travel portion of any street or
Ordinance No.10 -11 Page 6 of 24
on any portion of any street when immobilization at such place
would create a hazard to the public or to traffic on the street. At the
same time as the immobilizing device is attached to the motor
vehicle, a notice shall be affixed to the windshield or other
prominent place on the motor vehicle stating that the immobilizing
device has been so attached, cautioning the operator not to attempt
to operate the motor vehicle while the immobilizing device is still
attached, and informing the owner or operator of the motor vehicle
of the number, age and total fines and charges assessed under the
citations for which the motor vehicle is immobilized, including the
charge for the removal of the immobilizing device, and the location
to which the owner or operator must go in order to pay the fines
and charges and to have the immobilizing device removed from the
motor vehicle. The charge for the removal of the immobilizing
device shall be established by resolution of the Town Council and
may be amended from time to time by resolution of the town
council.
(3) The immobilizing device shall be removed from the
motor vehicle upon payment to the town of the total fines and
charges assessed in this section for which the motor vehicle is
immobilized. The chief of police or parking enforcement personnel
may approve the removal of the immobilizing device upon payment
of the above - stated fines and charges.
(4) Parking enforcement personnel may tow or cause to
be towed and impound any motor vehicle immobilized under this
section if payment for fines and charges have not been paid or
obtained within 24 hours of the attaching of the immobilization
device. Towing shall be in accord with the provisions set forth in
section 118- 86(b)."
Section 9. The Code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking, Stopping and
Standing; Division 1, Generally; Section 118 -96, to read as follows:
"Sec. 118 -96. Vehicle owner to pay towing charges.
When any vehicle found in violation of this article has been towed
away on the order of a police officer or parking enforcement officer, it shall
be the duty of the owner thereof to pay the towing charges necessary and
reasonably incurred, including towing and wrecker charges and storage."
Ordinance No.10 -11 Page 7 of 24
Section 10. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -122, to read as
follows:
"Sec. 118 -122. Manager to acquire and maintain.
The town manager or his or her designee is hereby directed to
provide for the installation, regulation, control, operation and use of the
parking meters provided for in this division and to maintain such meters in
good workable condition after approval of the location of the parking
meters by the Town Council and in accordance with the purchasing
procedures of the Town."
Section 11. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -123, to read as
follows:
"Sec. 118 -123. Placement and use; time indicators.
Parking meters and or parking space identification numbers
installed in the parking meter zones established as provided in section
118 -121 shall be placed upon the curb or sidewalk immediately adjacent
to the curb within each parking meter zone. Each parking meter shall be
placed or set in such manner as to show or display its signal that the
parking space adjacent to such meter is or is not legally in use. Each
parking meter installed, upon the deposit of U. S. currency or credit card
therein and then putting into operation the meter, shall by signal indicate
the legal parking for that period of time conforming to the limit or parking
time that has been or may be established for that area or zone of the
street upon which such parking meter is installed, and shall continue to
operate from the time of the deposit of such coin therein until the
expiration of the time fixed as the parking limit for the part of the street
upon which such meter is placed, and thereafter shall be so arranged that
upon such expiration of such legal parking time it will indicate that the
lawful parking period has expired."
Ordinance No.10-11 Page 8 of 24
Section 12. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -124, to read as
follows:
"Sec. 118 -124. Markings to designate spaces.
The town manager is instructed to have lines and /or numbers
and /or markings painted or placed upon the curb and /or upon the street
adjacent to each parking space for the purpose of designating the parking
space for which the meter is to be used, and each vehicle parked
alongside of or next to any parking meter or parking space marking shall
park within the lines or markings so established. It shall be unlawful and a
violation of this Code to park any vehicle across any such line or marking
or to park such vehicle in such position that the same shall not be entirely
within the area so designated by such lines or markings."
Section 13. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking,
Stopping and Standing; Division 2, Parking Meters; by deleting Section 118 -125
in its entirety.
Section 14. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -126, to read as
follows:
"Sec. 118 -126. Duty to operate meter.
When any vehicle shall be parked in any space within a parking
meter zone established in accordance with the provisions of this division,
the operator of the vehicle shall upon entering the parking space
immediately deposit U. S. currency or credit card in such parking meter
Ordinance No.10 -11 Page 9 of 24
and shall put the meter in operation according to directions; and failure to
deposit payment and to put the meter in operation shall constitute a
breach of this article and shall subject each person to the penalty
prescribed in section 118 -133. The parking space may then be lawfully
occupied by such vehicle during the period of parking time prescribed for
the part of the street in which the parking space is located. If such vehicle
shall remain parked in any such parking space beyond the parking time
limit fixed for such parking space, the parking meter shall by its sign show
illegal parking; and such vehicle shall be considered as parked overtime
and beyond the period of legal parking time. The parking of a vehicle
overtime or beyond the period of legal parking time shall be a violation of
this division and punished as hereinafter set out."
Section 15. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -127, to read as
follows:
"Sec. 118 -127. Expired meter.
(a) Prohibited. It shall be unlawful for any person to cause,
allow, permit or suffer any vehicle registered in the name of such person
to be parked overtime or beyond the period of legal time established for
any parking meter zone or for any parking area for which the length of
time of parking is regulated.
(b) Penalty. The civil penalty for parking overtime in violation of
subsection (a) shall be as set forth in section 118 -92, as may be amended
from time to time. Failure to pay such penalty within the time provided in
section 118 -133 shall result in an additional delinquency penalty to the
violator in the amount established or amended by resolution fo the Town
Council. Failure to pay the full penalty within seven days of notice of such
obligation may result in a summons being issued ordering and directing
the violator to appear in county court, or civil proceedings may be
commenced to effectuate collection. The violator shall be responsible for
all costs incurred by the town to enforce the provisions of this section."
Section 16. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking,
Ordinance No.10 -11 Page 10 of 24
Stopping and Standing; Division 2, Parking Meters; Section 118 -128, to read as
follows:
"Sec. 118 -128. Service charge for nonpayment of parking
violation penalties.
(a) Failure to pay penalties and delinquency assessments for
violations of section 118 -127 and in accordance with section 118 -133,
within 60 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 violation and
delinquent penalty. The service charge to the violator shall be established
by resolution of the Town Council and may be amended from time to time
by resolution of the Town Council.
(b) Failure to pay penalties and delinquency assessments for
violations of section 118 -127 and in accordance with section 118 -133,
within 90 days of issuance of the parking violation shall result in an
additional service charge to the violator per citation in addition to the cost
of the violation, the original delinquent penalty and service charge. The
additional service charge to the violator shall be established by resolution
of the Town Council and may be amended from time to time by resolution
of the Town Council."
Section 17. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking,
Stopping and Standing; Division 2, Parking Meters; by deleting Section 118 -130
in its entirety.
M
Section 18. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article Ill, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -131, to read as
follows:
"Sec. 118 -131. Injuring, tampering with.
Ordinance No.10 -11 Page 11 of 24
It shall be unlawful for any person to deface, injure, tamper with,
open, or willfully break, destroy or impair the usefulness of any parking
meter or parking space marking installed under the provisions of this
division."
Section 19. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -132, to read as
follows:
"Sec. 118 -132. Metered parking fees.
Hourly fees for parking in metered spaces may be established by
the town and collected from users of metered parking locations within the
corporate limits of the town, as recommended by the town manager and
approved by Town Council resolution."
Section 20. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -133, to read as
follows:
"Sec. 118 -133. Violations, penalty.
(a) It shall be the duty of police officers and parking enforcement
personnel of the town, acting in accordance with instructions issued by the
chief of police, to report:
(1) The number of each parking meter that indicates that the
vehicle occupying the parking space is or has been parked
in violation of any of the provisions of this division.
(2) The state license plate number of such vehicle.
(3) The length of time during which such vehicle is known to
have been parked in violation of any of the provisions of this
division.
Ordinance No.10 -11 Page 12 of 24
(4) Any other facts or knowledge which is necessary to provide
a thorough understanding of the circumstances pertaining to
such violation.
(b) Each such police officer or parking enforcement officer shall
also attach to such vehicle a notice to the owner thereof that such vehicle
has been parked in violation of the provision of this division and instructing
such owner to report to the finance department of the town in regard to
such violations.
(c) Each such owner shall, within seven calendar days of the
time when such notice was attached to such vehicle, pay to the finance
department as a penalty for and in full satisfaction of such violation an
amount as specified by the town council multiplied by the number of
periods of parking time established as the legal time for such parking
space, and during which such vehicle occupied such parking space in
violation of any of the provisions of this division. The failure of such owner
to make such payment to the finance department within seven calendar
days shall render such owner subject to the penalties provided in section
1 -14."
Section 21. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article III, Parking,
Stopping and Standing; Division 2, Parking Meters; Section 118 -134, to read as
follows:
"Sec. 118 -134. Disposition of revenue.
The U.S. currency or credit card charges required to be deposited
in parking meters as provided in this division are levied and assessed as
fees to provide for the proper regulation and control of traffic upon the
public streets, and to cover the cost of the supervision, inspection,
installation, operation, maintenance, control and use of the parking spaces
and parking meters described in this division and also the cost of
supervising and regulating the parking of vehicles in the parking meter
zones created by this division."
Ordinance No.10 -11 Page 13 of 24
Section 22. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article IV, Abandoned
Vehicles; Section 118 -135, to read as follows:
"Sec. 118 -135. Police to take possession; notice to owner.
When any motor vehicle shall remain upon any public street or
other public way, public park or other public grounds of the town for a
continuous period of 48 hours, or more, such motor vehicle shall be taken
possession of by the chief of police, or any policeman of the town, and
stored at some convenient place. If the owner of such vehicle is known, he
shall at once be notified that the vehicle is in the custody of the police
department and directed to repossess himself of such vehicle and pay all
fees for removal, towing and storage."
Section 23. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article IV, Abandoned
Vehicles; Section 118 -136, to read as follows:
"Sec. 118 -136. Determination of ownership and interests in
vehicle when not otherwise known; notice.
If the owner of any vehicle described in section 118 -135 is not
known, and such vehicle shall have a Florida license tag, the chief of
police or his /her designee shall promptly notify the department of highway
safety and motor vehicles of the state that such vehicle has been
abandoned and is in possession of the police department, and request the
department to notify him as speedily as may be of the name and address
of the owner of such vehicle and the name and address of any person
holding a lien upon such vehicle, and the nature of such lien, if any. Upon
receipt of such information from the department, the chief of police or
his /her designee shall at once notify the owner of the vehicle and all
persons holding liens upon the vehicle, that it is in the possession of the
police department of the town and directing him or them to repossess
themselves of the vehicle. The notices herein provided for may be sent
through the usual course of the United States mail."
Ordinance No.10 -11 Page 14 of 24
Section 24. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article IV, Abandoned
Vehicles; Section 118 -137, to read as follows:
"Sec. 118 -137. Sale if unclaimed; certificate of sale.
If the residence or address of the owner or any person holding a
lien upon such vehicle cannot be ascertained, or if the owner or person
holding a lien upon the vehicle fails to take possession of the vehicle
within thirty (30) days after the mailing of notice hereinbefore provided for,
such vehicle shall be sold in accordance with approved town procedures
for disposition of public property by thetown, but prior to the sale, a notice
shall be published in some newspaper published in the town, unless town
approved property disposition procedures provide for an alternative
procedure proving for reasonable legal notice to the owner or lien holder.
Such notice, if required, shall give the time and place of sale or bid
submittal deadline and describe the motor vehicle to be sold. A copy of
such notice shall be mailed to the owner and each person holding a lien
on such car, if their address is known, at least thirty (30) days before the
date of such sale. The town shall not guarantee title to such vehicle or to
deliver a title of ownership, but shall furnish the purchaser a certificate in
substantially the following form:
CERTIFICATE OF SALE
Certificate No.
Palm Beach Purchasing Division
Palm Beach, Florida
THIS IS TO CERTIFY that the following described motor vehicle
was abandoned on the public highway of Palm Beach, Florida, and was
placed in the custody of the police department, where it was held for thirty
(30) days, after which time, it having been impossible to find the owner of
the same, this automobile was sold to the highest bidder after legal notice.
This certificate of sale is therefore issued to
, residing at .
Make
Year
Engine No.
Ordinance No.10 -11 Page 15 of 24
Chassis No.
Dated at Palm Beach, Florida, this day of ,
19
s/s
Purchasing Agent
The above form shall be in duplicate; the original thereof to be given to the
purchaser and the duplicate to be retained by the police department."
Section 25. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article IV, Abandoned
Vehicles; by deleting Section 118 -140 in its entirety.
,,,
Section 26. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article IV, Abandoned
Vehicles; by deleting Section 118 -141 in its entirety.
Section 27. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article V, Valet Parking
Regulations; Section 118 -145, Definitions; by amending the definition of staging
area to read as follows:
Sec. 118 -145. Definitions.
As used in this article, the following terms shall have the meanings
ascribed to them in this section, unless context clearly indicates otherwise:
"Staging area shall mean one or more parking spaces along a
portion of the public right -of -way designated for use by employees of a
valet service to receive motor vehicles for passenger loading and
Ordinance No.10 -11 Page 16 of 24
unloading, and which shall be marked or posted by the town as passenger
loading zones or the town may require the permittee to satisfactorily
delineate staging areas as a condition of the permit.."
Section 28. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article V, Valet Parking
Regulations; Section 118 -149 to read as follows:
"Sec. 118 - 149. Applications.
Applications for a revocable annual valet services permit shall be
submitted to the town's finance department accompanied by a non-
refundable application fee for each staging area. Applications for a
revocable temporary valet services permit shall be submitted to the town's
finance department accompanied by a non - refundable application fee for
each staging area. The revocable annual valet services fee and the
revocable temporary valet services permit fee shall be established by
resolution of the Town Council and may be amended from time to time by
resolution of the Town Council.
The revocable valet services annual permit fee and the revocable
temporary valet services permit fee shall be recalculated annually by the
finance department prior to commencement of each new fiscal year to be
effective for all permits applicable to the new fiscal year. The revocable
valet services annual permit fee and the revocable temporary valet
services permit will increase annually by the increase in the Consumer
Price Index Report of the United States Department of Labor, Bureau of
Labor Statistics, for the Miami -- Ft. Lauderdale Metropolitan Region for All
Urban Consumers, All items, as published in the most recent edition of the
same published prior to the commencement of the new fiscal year.
Whenever the town council has cause to believe the cost of administering
the valet parking program exceeds the cost of the permits it may suspend
the annual CPI increase, and in lieu thereof, increase the cost of the valet
permits to cover the cost of administering the valet permit program.
All applications shall meet the following standards:
(1) The application must be jointly submitted by the person or
entity owning the business that will use the valet service as
Ordinance No.10 -11 Page 17 of 24
well as the person or entity actually providing the valet
service, if not an employee of the owner of the business;
(2) The form of the application shall be supplied by the town and
the applicants shall provide all information requested;
(3) The application shall be accompanied by a schematic plan,
sized at 8 1/2 inches by 11 inches, which shall clearly depict
the location of the staging area, the number of passenger
loading and unloading spaces requested and the business
proposed to be served. The schematic must show the exact
number of parking spaces the applicants anticipate will be
used by the valet service and the current parking regulations
at the locations intended to be used. The applicant shall
acknowledge there is no exclusive right of applicant to use of
any on street parking spaces, said spaces being available to
the general public on a first come, first serve basis;
(4) The application shall also include a schematic traffic
circulation plan, size at 8 1/2 inches by 11 inches, which
shall provide the following information:
a. The primary route between the staging area and the
vehicle parking areas;
b. The hours of operation of the valet services;
c. The number of valet parkers intended to be employed
and the period(s) of the day during which they shall
be employed;
d. The projected number of trips from the staging area to
the parking areas, and from the parking areas to the
staging area during the normal operation hours of the
valet service; and
(5) The application shall indicate that the person or entity
owning the business or entity or the valet service shall meet
insurance requirements of commercial general liability in the
amount of $1,000,000.00 per occurrence and $2,000,000.00
aggregate covering bodily injury and property damage
resulting from the valet parking operator's activities
connected with the handling of vehicles on public property.
This policy must name the town as an additional insured. In
Ordinance No.10 -11 Page 18 of 24
addition, said insurance shall include garagekeepers legal
liability insurance to provide collision and comprehensive
coverage for vehicles under control of the valet parking
operation with minimum limits of $250,000.00, with a
maximum self- insured retention or deductible of $10,000.00.
All required insurance policies are to be issued by
companies rated B +VI or better per Best's Rating Guide,
latest edition, and must provide the town with 30 days'
written notice of cancellation.
(6) Each valet parking operator applying for a permit for use of
public property shall execute an agreement approved by the
town, providing for the valet parking operator to indemnify,
hold harmless and defend the town, its officers, agents and
employees against and assume all liability for any and all
claims, suits, actions, damages, liabilities, expenditures or
causes of action of any kind arising from its use of the public
streets or private or public parking lots for the purposes
authorized in this article and resulting or accruing from any
alleged negligence, act, omission or error of the valet
parking operation, its agents or employees and /or arising
from the failure of the valet parking operation, its agents or
employees to comply with each and every requirement of
this article or with any other town, county, state or federal
law or regulation applicable to the valet parking operation
resulting in or relating to bodily injury, loss or life or limb, or
damage to property sustained by any person, firm,
corporation or other business entity."
Section 29. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article V, Valet Parking
Regulations; Section 118 -151 to read as follows:
"Sec. 118 -151. Staging of motor vehicles on public right -of -way.
On a case by case basis, the chief of police, or the chief's
designated representatives, will review all applications for a revocable
annual valet service permit and temporary valet service permit to
determine, at the location where the valet services are provided, whether
the staging area will accommodate the proposed use for valet parking
services, the primary route between the staging area and the vehicle
parking areas, and may approve the permit, deny it, or approve with
Ordinance No.10 -11 Page 19 of 24
conditions. When determining whether the staging area will accommodate
the proposed valet service use, the chief of police will be guided in his
determination by the application of pertinent traffic regulations of the state,
ordinances of the town, and the regulations of any other agency having
jurisdiction over the right -of -way, as well as basic considerations of the
public health, safety and welfare. No permit shall be issued if the chief of
police determines that valet service will substantially interfere with the use
of public right -of -way by the general public or cause undue interference to
movement of traffic or pose potential hazard to the public safety and
welfare. The determination as to the number of staging areas necessary
for a particular permit application shall be made by the chief of police or
his designee and if a permit is approved, except as to the number of
staging areas required, it may be modified to incorporate additional
staging areas as required by the chief of police or his designee, upon
payment of a permit fee required by this article for each staging area
required for an annual revocable valet services permit or the permit fee
required by this article for each staging area for a revocable temporary
valet services permit, whichever is applicable. These fees shall be
amended annually pursuant to the requirements of section 118 -149. The
chief of police or his designee shall also determine the minimum number
of valet parkers necessary to accommodate the valet service and the
permit shall specify the number of valet parkers required as a condition of
said permit.
The revocable valet service permit will specify the terms, conditions
or prohibitions applicable. When the staging area will utilize public right -of-
way, the following shall apply:
(1) All traffic control devices shall be strictly adhered to.
(2) All applicable statutes, ordinances and regulations
concerning movement and parking of motor vehicles shall be
adhered to.
(3) The issuance of a valet service permit will give the permittee
no special rights with respect to the use of the public right -of-
way, different from the rights of the general public, other than
the limited right to temporarily use a staging area to receive
motor vehicles.
(4) Only parallel parking spaces may be used for the staging
area unless, for public safety purposes, another method is
approved by the chief of police, or his designee.
Ordinance No.10 -11 Page 20 of 24
(5) At any time the chief of police, or his designee, should
determine that the use of the staging area by the permittee is
creating a situation which is adverse to the public health,
safety and welfare or, the use of the public right -of -way by
the public in general, the valet service permit may be further
conditioned, by the chief of police, or his designee, so as to
eliminate adverse impacts, or the permit may be revoked.
(6) The valet service shall not utilize any portable objects within
the town right -of -way, however, a keyboard and signage
may be located in front of the business or entity in a manner
approved by the town and located so as not to impede
pedestrian travel or driver's view, pursuant to the provisions
of section 18 -898.
(7) Staging areas shall be restricted to the staging areas
permitted. There shall be no storage of vehicles in the area
used for staging. A vehicle will be considered stored if it
remains in the staging area for more than five minutes.
Staging on public property shall not occur in any location
other than in the on street area provided for staging."
Section 30. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article V, Valet Parking
Regulations; Section 118 -155 to read as follows:
"Sec. 118 -155. Penalties.
Any business, entity, property owner or valet found to be in violation
under the terms of their permit shall result in a penalty as set forth in Sec.
1 -14.
Any fine imposed hereunder, if contested, shall be subject to the
jurisdiction of the town's code enforcement board."
Section 31. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article V, Valet Parking
Regulations; Section 118 -159.1 to read as follows:
"Sec. 118- 159.1. Permit transfer.
Ordinance No.10 -11 Page 21 of 24
Valet service permits may only be transferred to another person or
entity upon the prior written approval of the town and upon payment of a
transfer fee. The fee for the transfer of a revocable annual valet services
permit and the fee for the transfer of a revocable temporary valet services
permit shall be established by resolution of the Town Council and may be
amended from time to time by resolution of the Town Council. This
transfer fee shall be amended annually pursuant to the requirements of
section 118 - 149."
Section 32. The Code of Ordinances of the Town of Palm Beach is
hereby amended at Chapter 118, Traffic and Vehicles; Article VII, Parking Zones;
Section 118 -164 to read as follows:
"Sec. 118 -164. Overtime parking in parking zones.
(a) Prohibited. It shall be unlawful and a violation of the
provisions of this article for any person to cause, allow, permit or suffer
any vehicle registered in the name of or operated by such person to be
parked overtime or beyond the period of legal parking time within the
parking zone within which a parking space is located, and any vehicle
remaining in any one parking meter space or time limited parking space in
any parking zone longer than the time limit fixed for such parking zone
shall be considered to be illegally parked.
(b) Penalty. The civil penalty for parking overtime in violation of
subsection (a) shall be as set forth in section 118 -92, as may be amended
from time to time. Failure to pay such penalty within the time provided in
section 118 -133 shall result in an additional delinquency penalty to the
violator. Failure to pay the full penalty within seven (7) days of notice of
such obligation may result in a summons being issued ordering and
directing the violator to appear in county court, or civil proceedings may be
commenced to effectuate collection. The violator shall be responsible for
all costs incurred by the town to enforce the provisions of this section."
Section 33. 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
Ordinance No.10 -11 Page 22 of 24
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 34. 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 35. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Ordinance No.10 -11 Page 23 of 24
Section 36. 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 8 day of March, 2011, and for second and
final reading on this 12th day of April, 2011. ' .. 0 _
/��Gk
G I L. Co iglio, Mayor David A. Rosow, Town Council President
U - Fib , ° J .c..! 1"
} c.. i 'r .., R obert N. Wildrick, President Pro Tern
1' / a
, ' .;' '-. h r ` 3 ,, • . • ; ; illiam J. D monc, Town Council Methber
,
A T,. r '° Richa M. Kleid, Town Council Member
Susan A. Ow , Town Clerk el . Pucillo, wn Council Member
Ordinance INo.10 -11 Page 24 of 24
TOWN OF PALM BEACH
Town Council Meeting on: April 12, 2011
Section of Agenda
Ordinances - Second Reading
Agenda Title
ORDINANCE NO. 10 -11 An Ordinance of the Town Council of the Town of Palm Beach,
Palm Beach County, Florida, Amending the Town Code of Ordinances at Chapter 118
Relating to Traffic and Vehicles; Amending Section 118 -1; Deleting Section 118.51;
Amending Section 118 -86, 118 -90, 118 -92, 118 -93, 118 -94, 118 -95, 118 -96, 118 -122, 118-
123, 118 -124; Deleting Section 118 -125; Amending Sections 118 -126, 118 -127, 118 -128;
Deleting Section 118 -130; Amending Sections 118 -131, 118 -132, 118 -133, 118 -134, 118-
135, 118 -136, 118 -137; Deleting Sections 118 -140 and 118 -141; Amending Sections 118-
145, 118 -149, 118 -151, 118 -155, 118 -159.1 and 118 -164; Providing for Severability;
Providing for Repeal of Ordinances in Conflict; Providing for Codification; Providing an
Effective Date.
Presenter
Thomas G. Bradford, Deputy Town Manager
Supporting Documents
• Ordinance No. 10 -11
NO. 10 -11
The following Ordinance Number 10-11,
published by caption only, which will be
read and shall be adopted at the Town
Council Meeting held in the Town Hall
Council Chambers at 360 South County
Road, Palm Beach, Florida, on the 12th
day of April, 2011, will be presented for
a second reading in the Town Hall Council
Chambers at 360 South County Road
Palm Beach, Florida, on the 12th day o�
April, 2011, at 9:30 a.m. Any interested
party may appear at said meeting and
be heard with respect to this proposed
Ordinance. The subject Ordinance may
be inspected by the public at the Town
Hall on the first floor Bulletin Board, or in
the Office of the Town Clerk.
ORDINANCE NO. 10-11
AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY,
FLORIDA, AMENDING THE TOWN
CODE OF ORDINANCES AT
CHAPTER 118 RELATING TO TRAFFIC
AND VEHICLES; AMENDING
SECTION 118-1; DELETING SECTION
118.51; AMENDING SECTION
118 -86, 118 -90, 118 -92, 118 -93,
118 -94, 118 -95, 118 -96, 118 -122,
118 -123, 118 -124; DELETING
SECTION 118 -125; AMENDING
SECTIONS 118-126, 118 -127, 118-
128; DELETING SECTION 118 -130;
AMENDING SECTIONS 118 -131,
118-132, 118 -133, 118 -134, 118-
135, 118 -136, 118 -137; DELETING
SECTIONS 118 -140 AND 118-141;
AMENDING SECTIONS 118 -145, 118-
149, 118 -151, 118 -155, 118 -159.1
AND 118 -164; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
Pursuant to Florida Statute 286.0105,
please be advised that if any person
decides to appeal any decision made
by the Town Council with respect to any
matter considered at this meeting, a record
of these proceedings will be needed, and
that, for such purpose, such person 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.
Cheryl Somers
Acting Town Clerk
Town of Palm Beach
PUBUSH: Palm Beach Daily News,
Thursday, March 31, 2011
THE PALM BEACH DAILY NEWS
Published Daily from the third Sunday In September through
the third Sunday In May; BI- weekly June through September,
Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Linda Goings who on oath says that she Is
Advertising Director of the Palm Beach Daily News, a daily and a bl- weekly newspaper published
at Palm Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a
Public Notice in the matter of Reference #5896362R was published In said newspaper in the issue of
March 31 2011.
ti Ad rector
Sworn to and subscribed before me this %, _ / �.. U /
A
Notary Public
4A rv ,t. GAETANA A. HOXIE
1• 1,■ 1.1 MY COMMISSION A DD 953553
Yip T EXPIRES: March 1, 2014
•' q�„ ,'•'• Bonded Thai Notary Public Undenmters
1
REG, ra [E D
A N 2' 2011
IDWN C LERK
A 1 <� `- 8°911 t € o M aLLt9ZZait`if9DS d'.: ab -• off. -mi Z o° °§° Ev ° �-
. _� cb ob Ed, orZ -o o $ L '8
e 3 ° w ° t o"de E:Yb t� wOUwC�Owvn ry B ��' �vy
,"3 v � 1 £ v .' -' •m m ` � Z o , •o cb ,� cb ^.p m 0^
m E os
- •o•_-,°£ c E „2 1 a Z C9m°• O M nS0 O - g1 - S B s
uoo M g� m o o U O O O Z Z ^cb�.; �" aw'°OZZV o £_E- „� N I
c •°�° -; d.. �+ °w' 2 O r -� ._ ^tv �n 1 ^ ab Z o ,n �” > o o -o
41.8-7„ o C r . '.£v� - n ° < °. ' o e Es � � „ `� .�� � OoS hi � o £ 0 3 ; ai o E > o p�
• m ' o; a o r Z V Z� o,U iq++�vi ^a8 ab w'•- a p- - u"5 -D u m o „ o •5
�'o+=• N F, u Q m..2 _ Q v_ ao -oo o • O �•o.- Yi" <-o g •<•- E- .x�
rn o E v , - w `o £�< O d = a�ab ^Z m.- .in, - -,4 Q `o ._ao'm a u E
.n _o`��•g E . $ o s > ^ o• 3 .a Z� O ^�'= ^^ U` ^cb} 3 O oo .� „ `u °
lii��V a-`r: c m oz Z . o � •- °� Za5 5 Z i � y E d�
-° Q 7 u U O O^�ovN DON 6d. =-2 2 __ mP C 5 m ° JT
°._ — � c� E ` o c • OZ � .r, o , 0 n•,^ O D � � n. m N � Y !'i
t j•o 0 o E _ $ c p �cp O mab a soh m „i xaw 60 04.1119-1_6 f
m � �'o o� c � o a' -� � Z QV UQin������c�� ^n��ovZ 6 OOOO f£ a g �� _�
A a VU 'o oakag O.oT£ .-v, Q,n�d �' o111 m u'-
a ay.�E o£ c£