Ordinance 18-2018 Parking ORDINANCE NO. 18-2018
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, TRAFFIC AND VEHICLES, ARTICLE III,
PARKING, STOPPING AND STANDING, DIVISION 1,
GENERALLY, AT SECTION 118-93, DELINQUENCY
PENALTY FOR NONPAYMENT OF PARKING VIOLATION
PENALTIES; SECTION 118-94, SERVICE CHARGE FOR
NONPAYMENT OF PARKING VIOLATION PENALTIES,
DIVISION 2, PARKING METERS, AT SECTION 118-127,
EXPIRED METER; SECTION 118-128, SERVICE CHARGE
FOR NONPAYMENT OF PARKING VIOLATION
PENALTIES; SECTION 118-133, VIOLATIONS, PENALTY;
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 III, Parking, Stopping and
Standing, Division 1, Generally, at Section 118-93, Delinquency Penalty for
Nonpayment of Parking Violation Penalties and at Section 118-94, Service Charge for
Nonpayment of Parking Violation Penalties, in the manner and form set forth below (as
shown in the strikeouts and underlined):
"Division 1. Generally
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 fourteen 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
Ordinance 18-2018
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 fourteen 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.
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.
(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.
(c) Failure to pay penalties and delinquency assessments for
violations of sections 118-91 and 118-92 and in accordance with section
118-93 within 120 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 2. 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, at Section 118-127, Expired Meter; Section 118-
Ordinance 18-2018
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128, Service Charge for Nonpayment of Parking Violation Penalties and at Section 118-
133, Violations, Penalty, in the manner and form set forth below (as shown in the
strikeouts and underlined):
"Division 2. Parking Meters
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 of the town
council. Failure to pay the full penalty within seven fourteen 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.
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.
Ordinance 18-2018
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(c) Failure to pay penalties and delinquency assessments for
violations of section 118-127 and in accordance with section 118-133,
within 120 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.
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.
(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 fourteen 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 fourteen
calendar days shall render such owner subject to the penalties provided in
section 1-14."
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Section 3. Severability
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 4. 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 5. Codification
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach
Section 6. 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 on first reading this
1301 day of September, 2018, and for a second and final reading on this 9th day of
October, 2018.
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/.ail L. Conig io, Mayor Danielle H. Moore, Town Council President
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Margaretfieidman, Council Present Pro Tern
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ATTEST: Lew Crampton, Ti n Council Member
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Kathleen Dominguez, Town Cie Bob•ie Lindsay, Town Counci , ember
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Ordinance 18-2018 .
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