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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. 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