HomeMy WebLinkAboutCity of Tamarac Ordinance O-1983-0041
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Introduced by:
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
Temp. # 926
Rev. 10/28/81
11/13/81
Rev. 2/8/83
AN ORDINANCE AMENDING SECTION 15-5 OF THE TAMARAC CITY CODE
PROHIBITING PARKING OF UNAUTHORIZED VEHICLES AT CERTAIN
LOCATIONS ON PARKING LOTS ADJACENT TO TAMARAC CITY HALL;
AMENDING SECTION 15--4(b)(1) OF THE TAMARAC CITY CODE PER-
TAINING TO ENFORCEMENT OF PARKING VIOLATIONS BY PROVIDING
THAT SAID SECTION SHALL APPLY TO VIOLATIONS OF SECTION 15--5
OF THE TAMARAC CITY CODE; CREATING SECTION 15-3.2 PROVIDING
FOR A HEARING OF PARKING VIOLATIONS; PROVIDING FOR CODIFICA-
TION; PROVIDING REPEALER; PROVIDING FOR SEVERABILITY OF
INVALID PROVISIONS: AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That Section 15--5 of the Tamarac City Code is amended
to provide as follows:
Sec. 15-5 Prohibited in specified places.
(1) It shall be a violation of this section for any person
without authority to stop, stand or park a vehicle except when necessary to
avoid conflict with other traffic or in compliance with the direction of a
Police Officer or traffic -control device, in or upon any private alley, drive,
driveway, parking area or other privately owned property without the consent
of the owner of the property or person in charge thereof, whether such property
is used exclusively by the owner or for the use and convenience of customers
or guests.
(2) In the municipal parking areas adjacent to Tamarac City
Hall, 5811 N.W. 88th Avenue, there are parking spaces designated for the use
of specific City Officials, specific City employees, Police Department and
members of Boards and Commissions of the City•. These designated parking spaces
are so indicated by signs or wheel stops in front of each space. It shall be
a violation of this section for any person,without authority,to stop, stand or
park a vehicle in a parking space at City Hall designated for a s ecific
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Temp. # 925
Rev. 10/28/81
11/13/81
Rev. 2/23/83
individual as indicated in this Sub -Section, except when necessary to avoid
conflict with other traffic or in compliance with the direction of a Police
Officer or traffic -control device. Only vehicles owned and operated by the
individuals named on the designated spaces are authorized to be parked in those
desi_&nated spaces.
SECTION 2: That Section 15-4(b)(1) of the Tamarac City Code is
amended to provide as follows:
(b) Enforcement.
(1) Violation. Any unauthorized person parking in conflict with
Section 15-4(a) or 15-5 is subject to the penalty set forth in Section 15-4(b)(3).
SECTION 3: That Section 15-3.2 is hereby created to provide as follows:
"SECTION 15-3.2 Appeal.
Any motor vehicle owner or operator cited with a parking violation of this
Chapter who wishes to contest the issuance of the citation or the correctness of
the citation itself, may do so as follows:
(a) Within seventy-two (72) hours of the issuance of the citation, the
owner or operator appealing the ticket shall state his objections or defenses,
in writing, to the Police Chief or his designee. If the objections or defenses
are submitted by mail, they shall be postmarked no later than three (3) days
after the issuance of the citation.
(b) The Police Chief or his designee shall decide the appeal within
three (3) days of receipt of the owner's or operator's list of objections or
defenses. The Police Chief shall decide and notify the driver or operator of
the outcome of the appeal within seventy-two (72) hours of receipt of the
objections or defenses. Notice that an appeal is denied shall be sent to the
driver or operator(appellant) by Certified Mail (return receipt) or by hand
deliver If the appeal is denied then the appellant shall pay the fine for
the citation within three (3) days after receiving notice that his appeal was
denied. Decisions of the Police Chief or his designee in deciding appeals as
rovided in this Sub -Section are final.
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Temp. # 926
Rev. 10/28/81
11/13/81
Rev. 2/23/83
(c) The decisions of the Police Chief or his designee are reviewable
by the Circuit Court in its appellate capacity as provided by law.
(d) Failure or refusal to timely pay the fine for a parking citation
upon notice that an appeal has been denied shall be a violation of this Chapter
as provided in Sub -Sections 15-3.1.(5) and 15-4(b)(4) of the City Code."
Ordinance.
SECTION 4: That specific authority is hereby granted to codify this
SECTION S: That all Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 6: That should any section or provision of this Ordinance
or any portion thereof, or any paragraph, sentence or word be declared by a Court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or any part hereof, other than the
part declared to be invalid.
SECTION 7: That this Ordinance shall become effective immediately
upon its final passage.
PASSED FIRST READING this day of 1983.
PASSED SECOND READING this_ day of 1983.
ATTEST:
CITY CLERK
I HEREBY CERTIFY that I have
approved the form a correctness
of this ORDINANCE.
MAYaw
DISTRICT
DISTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
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