(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning:
City employees. All city employees, classified, nonclassified and retired, regardless of residency. Proof of employment shall be established through the Human Resources Department of the city.
Multispace parking meter. Any mechanical device or technology placed or erected for the regulation of more than one parking space.
Multispace parking meter zones. Any space or group of spaces controlled by a single multispace parking meter or technology. Spaces shall be signed so as to allow users to identify the appropriate location in order to pay the appropriate fees to park in said spaces.
Parking meter. Any mechanical device or technology placed or erected for the regulation of parking by authority of this section.
Parking meter space. Any space within a parking meter zone adjacent to a parking meter or technology and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the curb or on the surface of the street adjacent to or adjoining the parking meters or which is in an area clearly marked by signs indicating the space is in a parking meter zone and indicating that payment may be made by the use of parking meter technology.
Parking meter technology. Any technology that allows payment for parking in parking meter zones without the use of mechanical parking meters, including but not limited to telephone, smartphone applications, website, single or multi space meters, or any other technology as deemed appropriate by the city to pay for parking. Parking meter technology may utilize parking space numbers, license plates, sticker numbers, or any other means designated by the specific parking meter technology to process parking payment.
Parking meter zone. Any area designated by resolution as a parking meter zone.
Resident. Anyone owning real estate and/or leasing, renting or occupying real estate or living accommodations within the city for a time period of at least six (6) consecutive months each calendar year, as well as members of their immediate family residing with them; provided, however, for purposes of this section, the term "city" shall include all property within the corporate limits of the Town of Ocean Ridge. Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed or lease agreement.
Senior resident. Anyone 65 years or older owning real estate and/or leasing, renting or occupying real estate or living accommodations within the city for a time period of at least six (6) consecutive months each calendar year, as well as members of their immediate family residing with them. Proof of residency shall be established by some suitable means, such as utility bill, tax bill, property deed or lease agreement.
Nonresident. Anyone who is not a resident but who resides in the agricultural reserve area of unincorporated Palm Beach County bounded on the south by lateral Canal No. 30, bounded on the north by Hypoluxo Road, and bounded on the west by the Loxahatchee National Wildlife Refuge.
Weekday. Includes any day except; Friday, Saturday, Sunday, and all holidays.
Weekend. Incudes Friday, Saturday, Sunday, and all holidays.
(B) Parking meter zones; installation of meters.
(1) The city is hereby authorized to establish by resolution certain sections of the city public right of way or public off-street parking facilities to be designated as parking meter zones.
(2) The city is hereby authorized to install, or have installed, parking meters for the parking spaces in parking meter zones.
(3) Each parking meter zone shall provide signage to notify drivers of the required payment for that parking meter zone and the maximum length of allowable parking time.
(4) Each parking meter or technology installed in a parking meter zone shall indicate by proper legend the legal parking time established by the city, and when operated shall at all times indicate the balance of legal parking time, and at the expiration of the period shall indicate illegal or overtime parking.
(5) For any parking space in a parking meter zone for which no meter is installed adjacent to the space, the city shall install signage in the area and visible from the space indicating that payment of the parking meter rates for that space shall be made by using parking meter technology, and indicating the procedure for using said technology.
(6) When parking meter technology is in use, it shall notify the user and the parking enforcement officer of the legal parking time for which payment has been made and the balance of legal parking time.
(7) Nothing in this section shall be construed as prohibiting the City Manager or his or her designee from temporarily restricting parking or allowing parking at no charge at spaces within parking meter zones based on special circumstances, including but not limited to emergencies, special events, construction, change in building uses, and actual usage of parking spaces in the zones.
(8) No person shall move and repark a vehicle on either side of a street within the same block in order to avoid exceeding the parking meter time limits specified for either side of the street in that particular block.
(C) Operation of parking meters.
(1) When any vehicle is parked in any parking space in a parking meter zone when payment is required, the operator of this vehicle shall, upon entering the parking meter space, pay the parking meter rate by using parking meter technology.
(a) If payment is made using parking meter technology, the operator shall follow the directions posted for the use of such technology.
(2) Upon payment of the parking meter rate, the parking space may be lawfully occupied by the vehicle during the period of time which has been prescribed for the part of the street in which the parking space is located.
(3) If the vehicle shall remain parked in any parking space beyond the parking time limit set for that parking space, and if the parking meter technology shall indicate illegal parking, then, and in that event, the vehicle shall be considered as parking overtime and beyond the period of legal parking time, and parking shall be deemed a violation of this section.
(D) Cost of parking or standing vehicle in certain metered spaces. The cost of parking or standing a vehicle in a parking meter space located in a parking meter zone shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission. The term "cost" is synonymous with "fee."
(E) Parking time limits. The parking meters shall be operated in the parking meter zones every day for the hours stated by the appropriate signage in the particular parking meter zones, including Saturdays, Sundays and holidays.
(F) Parking meter permits.
(1) Any person may purchase a "beach parking permit" in accordance with and subject to the
administrative rules and regulations promulgated by the city. A beach parking permit shall authorize the operator to park the vehicle for which the permit was acquired in any designated permit-only parking space and in any parking meter space located within Ocean Front Park parking lots without requiring payment of the parking meter rate.
(2) The fee for obtaining the parking permits described in this section shall be established by resolution of the City Commission, and may be subsequently amended from time to time by the City Commission.
(3) Each permit shall cover an annual period from October 1 through September 30.
(G) Certain acts prohibited. It shall be unlawful and a violation of the provisions of this section for any person to:
(1) Cause, allow, permit, or suffer any vehicle registered in his name to be parked overtime;
(2) Cause, allow, permit, or suffer any vehicle registered in his name to remain or be placed in any parking space adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying the parking space has already been parked beyond the period prescribed for the parking space;
(3) Cause, allow, permit, or suffer any vehicle registered in his name to be parked across any line or marking of a parking meter space or in a position that the vehicle shall not be entirely within the
area designated by the lines or markings;
(4) Deface, injure, tamper with, open, break, destroy, or impair the usefulness of any parking meter installed under the provisions of this section;
(5) Deposit or cause to be deposited in any parking meter any slugs, device, or metal substance, or other substitute for lawful coins;
(6) Park a vehicle in any parking space designated as a handicapped parking space without displaying a permit for handicapped parking which has been issued by a governmental agency having the authority to issue the permit;
(7) Deface a parking permit or transfer a parking permit from the vehicle for which it was acquired to another vehicle without approval in advance of the City Manager;
(8) Park a vehicle in any parking lot or space which requires a parking permit without displaying a valid permit.
(9) Cause, allow, permit, or suffer any vehicle registered to back into a parking space and/or obstruct vehicle license plate.
(H) Collection of deposited moneys. The city administration shall provide for the regular collection of the money deposited in the parking meters. All of the money shall be deposited into the Parking Fund of the city.
(I) Issuance of parking ticket.
(1) A parking enforcement specialist who discovers a vehicle parked in violation of this chapter may:
(a) Issue a ticket in the form used by the city to the driver; or
(b) If the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place.
(2) The uniform traffic citation prepared by the State Department of Transportation pursuant to F.S. § 316.650 may not be used by the city for parking violations.
(J) Liability for payment of parking ticket violations.
(1) The registered owner of a vehicle is responsible and liable for payment of any parking ticket violation. The owner of a stolen vehicle is not responsible for a parking ticket violation from the date it is reported stolen to the Police Department.
(2) Any person issued a parking ticket by a parking enforcement specialist shall be deemed to be charged with a noncriminal violation and shall comply with the directions on the ticket. In the event that payment is not received or a response to the ticket is not made within the time period specified thereon, the city shall notify the registered owner of the vehicle which was cited, by mail to the address given on the motor vehicle registration, of the ticket. Mailing of the notice to this address shall constitute notification. Upon notification, the registered owner shall comply with the city's decision.
(3) Any person who fails to satisfy the city's directive shall be deemed to waive his right to pay the applicable civil penalty.
(4) Any person who elects to appear before a designated official to present evidence shall be deemed to have waived his right to pay the civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed one hundred dollars ($100.00) plus costs. Any person who fails to pay the civil penalty within the time allowed by the city shall be deemed to have been convicted of a parking ticket violation, and the city shall take appropriate measure to enforce collection of the fine.
(5) Any provision of (b), (c) and (d) above to the contrary notwithstanding, the provisions of F.S. Ch. 318 shall not apply to violations of the city's regulations.
(6) The city shall supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the department, or similar digital file, listing persons who have three (3) or more outstanding parking violations or one or more outstanding violations of F.S. § 316.1955. The department shall mark the appropriate registration records of persons so reported. If the applicant's name appears on the list referred to herein, no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until the applicant presents a receipt from the clerk showing that such parking fines have been paid.
(K) Immobilization of vehicles by the city to collect outstanding parking fines.
(1) Any parking enforcement specialist employed by the city is hereby authorized to attach a "Denver boot" or other nondestructive device, which prevents a vehicle from being moved under its own power, to a motor vehicle under the following conditions:
(a) The motor vehicle has, on at least five (5) prior occasions, been found stopped, standing or parked on any street, alley or thoroughfare within the city in violation of a state law or city ordinance for which parking tickets have been issued and to which the registered owner has failed or refused to respond by requesting an administrative hearing before the City Manager's designee or by paying the civil penalties indicated upon the parking tickets. A parking ticket issued for parking in a handicapped parking space shall count as three (3) occasions or tickets for the purposes of this section.
(b) The registered owner of the motor vehicle has been given written notice by mail (to the address listed by the Florida Department of Highway Safety and Motor Vehicles) or otherwise that the provisions of this section will be enforced against the motor vehicle unless, not more than ten (10) calendar days from the date of receipt of the notice, the owner shall pay the civil penalties for all such outstanding parking tickets, or request an administrative hearing before the City Manager's designee to determine whether the immobilization of the vehicle is warranted or notifies the city that he has requested a court hearing for the unpaid tickets; and
(c) The registered owner of the motor vehicle has failed or refused to respond to the notice described in division (K)(1)(b) above by paying such civil penalties or requesting an administrative hearing or court hearing; and
(d) If the owner or operator of such vehicle requests an administrative hearing, the City Manager's designee shall grant an administrative hearing within ten (10) working days from the date of such request. Immobilization shall be warranted if the City Manager's designee finds that the city has correctly followed the notice procedures of this section and there are a sufficient number of outstanding parking tickets. The owner or operator may appeal the City Manager's designee's decision to the City Manager.
(2) The city shall maintain a current list of all motor vehicles to which an immobilizing device may be attached pursuant to this section.
(3) The immobilizing device shall be attached to the motor vehicle at any location within the city where the motor vehicle may be found, if the location is in a right-of-way or a place where the public is invited to travel, except that no motor vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic.
(4) At the time that an immobilizing device is attached to a motor vehicle, a notice shall be affixed to the windshield and to the left front window (driver's side) stating that the immobilizing device has been attached and cautioning the operator not to attempt to operate the motor vehicle or to attempt to remove the immobilizing device. The notice shall inform the owner or operator of the motor vehicle that the motor vehicle is immobilized because of civil penalties assessed due to unpaid citations, that a removal charge for removal of the immobilizing device has been incurred, and the location to which the owner or operator must go in order to pay the civil penalties and removal charge and have the immobilizing device removed from the motor vehicle.
(5) Except as provided in division (K)(6) below, the immobilizing device shall be removed from the motor vehicle only upon payment of the civil penalties assessed under the citations for which the motor vehicle has been immobilized, plus the removal charges, or upon the authorization of the City Manager's designee. Payment may be made in the form of cash, cashier's check, money order, MasterCard or Visa.
(6) The owner or operator of a vehicle which has been immobilized with an immobilizing device shall have the right to request the City Manager's designee to conduct an administrative hearing for the purpose of determining whether such vehicle was properly immobilized in accordance with the terms of this section. The hearing shall be held during normal business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays) and within twenty-four (24) hours of such a request being made if the City Manager's designee is available. If said immobilization occurs after normal city business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.), said hearing will be scheduled within twenty-four (24) hours of the opening of the business. The owner or operator requesting the hearing shall receive notice of its date, time and place at the time the request is made. If, upon the conclusion of the hearing, the City Manager's designee determines that the vehicle was properly immobilized in accordance with the terms of this section, the owner or operator, in order to obtain the removal of the immobilizing device, shall pay the city the amount indicated in division (K)(5). If the City Manager's designee determines that the vehicle was not properly immobilized, the immobilizing device shall be removed as soon as possible. The owner or operator may appeal the decision of the City Manager's designee to the City Manager.
(7) The removal charge for the authorized removal of an immobilizing device shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission.
(8) As an additional remedy, if an immobilizing device remains on a motor vehicle for more than twenty-four (24) hours, any motor vehicle described in division (K)(1) may be towed from any location where it may be found within the city, if the location is in a right- of-way or a place where the public is invited to travel, and shall be impounded until the registered owner pays all outstanding civil penalties, the removal charge and the costs of towing and impoundment.
(9) This section shall be applied retrospectively so that any outstanding citation or summons shall be includable in determining whether the requirements of division (K)(1)(a) have been met.
(a) The City Manager shall have the right to appoint the parking management specialist or another designee to conduct the administrative hearings.
(10) If the immobilizing device is destroyed or damaged while placed on a motor vehicle, the owner of the motor vehicle shall be responsible for the costs to repair such damage or to replace the immobilizing device if destroyed. However, in no event shall such charges exceed five hundred dollars ($500.00). Such charges shall be paid prior to the release of the motor vehicle. If an immobilizing device is placed on a motor vehicle and the motor vehicle is moved without returning the immobilizing device, the owner of the motor vehicle shall then be responsible for the replacement cost of the immobilizing device.
(L) Penalty.
(1) It shall be unlawful for any person to violate any of the parking regulations referenced in this chapter. Any person who violates any provision of this chapter will be subject to a penalty, which may include fines, immobilization, or towing.
(2) The amount of the fines for the violation of parking regulations shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission.
(3) Failure to pay penalties within fourteen (14) 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 penalty. The amount of the service charge for the violation of parking regulations enumerated herein shall be established by resolution of the City Commission and may be subsequently amended from time to time by the City Commission.
(4) Failure to pay penalties within ninety (90) days or more shall be referred to a registered collection agency which will pursue the collection of the outstanding balance of the unpaid fine along with any collection fees, service charges, or costs accrued for the collection of said fines in an amount not to exceed forty (40) percent of the amount owed at the time the account is referred to the collection agency.
(Ord. 20-028, § 2, 8-4-20)