CITY OF ST. AUGUSTINE
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- Reginald Stanley Harvey
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1 CITY OF ST. AUGUSTINE City Commission Regular Agenda JANUARY 12, 2015 AGENDA ITEM NO. 9.A.l No Public Hearing Regjlired. Consideration of Ordinance , amending Section of the Code relating to penalties for parking violations; providing for establishment and adjustment of said penalties for parking violations by resolution of the City Commission after public hearing. M Litzinger, Comptroller CITY MANAGER COMMENTS/RECOMMENDATIONS: The attached memorandum from Mark Litzinger, Comptroller, is relevant to changing parking violation fines and providing for future changes to be made by resolution. Ordinance is presented on first reading. ATTACHMENTS: 1. Memorandum from M. Litzinger, Comptroller. 2. Ordinance
2 CITY OF ST. AUGUSTINE MEMORANDUM TO: DATE: RE: John Regan City Manager December 19, 2014 Agenda item - Ordinance Attached is Ordinance changing parking violation fines and providing for future changes to be made by resolution. Parking violations have remained $15 for meter violations and $25 for illegal parking since Daily parking rates have gradually increased in all ofthe private lots to $10 or more and the City currently charges $12 a day to park in the Visitor Information Center Garage. Daily valet parking rates at the larger hotels in the historic district average in excess of $20. Additionally, it alters procedures for changing parking violations from ordinance to resolution, as has been City practice. The request for increasing fines was presented to the Parking and Traffic Committee on June 26,2014. After a discussion, the Committee recommended a lesser increase to $20 and $25 citing concerns on how this may impact residents and tourism. After more internal discussion and reviewing fines ofother cities (see attached), it is my recommendation we proceed with the original proposed increase of$25 for meter violations and $35 for illegal parking. Contrary to some opinions, this is primarily about managing parking and not new revenue sources. The estimated annual incremental revenue from the proposed increase is $55,000 annually and $27,500 for the lesser increase. Finally it is my opinion the $5 difference between the proposed increase today and the Parking Committee's lesser recommendation will have minimal or no additional negative impact on the individual who receives the violation. Please place this ordinance on the January 12,2015, City Commission Meeting Agenda. Ifyou have any questions, please contact me. a4l Mark Litzinger City Comptroller Attaclllnents
3 ORDINANCE NO AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA AMENDING SECTION OF THE CODE OF THE CITY OF ST. AUGUSTINE RELATING TO PENALTIES FOR PARKING VIOLATIONS; PROVIDING FOR ESTABLISHMENT AND ADJUSTMENT OF SAID PENALTIES FOR PARKING VIOLATIONS BY RESOLUTION OF THE CITY COMMISSION AFTER PUBLIC HEARING; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS: Section 1. Amending Section Section of the Code of the City of St. Augustine is hereby amended to read, as follows: "Sec Penalties. (a) It shall be a civil infraction for any person to violate any of the sections of this article. (b) All parking ticket citations issued for violations of sections 24-40, 24-75, 24-78, 24-79, or shall require the payment of a fine of fifteen twenty-five dollars ($~25.00). as may be amended in the future pursuant to section (h) below. within one (1) to fifteen (15) days from the date of issuance of the parking ticket citation. (c) All parking ticket citations issued for violations of sections 24-41, 24-45, or shall require the payment of a fine of t>...enty five thirty-five dollars ($~35.00). as may be amended in the future pursuant to section (h) below, within one (1) to fifteen (15) days from the date of issuance of the parking ticket citation.
4 (d) All parking ticket citations issued for violations of section shall require the payment of a fine of two hundred fifty dollars ($250.00), as may be amended in the future pursuant to section (h) below, within one (1) to fifteen (15) days from the date of issuance of the parking ticket citation. (e) In the event the recipient of a parking ticket citation notifies the city finance, management and budget department within fifteen (15) days of the violation of the recipient's intention to contest the parking violation; then and in that event, the infraction shall be transferred to the county court for determination of the alleged civil infraction in accordance with general law and the penalty for such violation shall be as set forth herein. (f) Failure to pay the civil penalty or appear before the city finance, management and budget department to contest the violation within fifteen (15) days from the date of issuance of the parking ticket citation shall cause a ten dollar ($10.00) penalty, as may be amended in the future pursuant to section (h) below, to be added and shall constitute a separate civil infraction enforceable by the county court for hearing as provided by F.S. ch. 318, and shall be punishable by a civil penalty as provided in F.S. ch. 318, and enforceable in the same manner as are penalties imposed by F.S. ch. 318, except that for violations under section (d) herein, the fine will not increase but shall remain two hundred fifty dollars ($250.00), as may be amended in the future pursuant to section (h) below, exclusive of court costs which may be assessed by the court pursuant to law. (g) The requirements and provisions of F.S (6), are hereby adopted and ratified. The traffic violations bureau of the city is authorized hereby to supply the Florida Department of Highway Safety and Motor Vehicles with data in a form prescribed by the cited statutory section listing persons who have three (3) or more outstanding parking violations, including violations of F.S , and violations of section herein. (h) Penalties and fees related to violations of this article may be adjusted from time to time and are established and adjusted by Resolution of the City Commission after public hearing." Ord (CA) Page 20f3
5 Section 2. Inclusion in Code. The City Commission intends that the provisions of this ordinance shall become and shall be made part of the Code of the City of St. Augustine, that the sections of this ordinance may be renumbered or relettered and that the word ordinance may be changed to section, article or other such appropriate word or phrase in order to accomplish such intentions. Section 3. Conflict with Other Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Severance of Invalid Provisions. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section 5. Effective Date. This ordinance shall become effective ten (10) days after passage, pursuant to Section (4), Florida Statutes. PASSED by the City Commission of the City of St. Augustine, Florida, this day of, ATTEST: Nancy E. Shaver, Mayor-Commissioner Alison Ratkovic, City Clerk (SEAL) Coding: Words stfigker are deletions; words underlined are additions. Ord (CA) Page 3 of 3
6 Cities Expired Meter Illegal Parking Metered Days of Metered Hours of Ticket Price Ticket Price Enforcement Enforcement Fort Lauderdale $32.00 $ Days a week Some 24 Hours Hollywood $20.00 $20-$40 7 Days a week Some 24 Hours Savannah $20.00 $20-25 Monday-Friday 8am-Spm Tampa $24.00 $29.00 Varied by area 8am-midnight Orlando $22.00 $30.00 Monday-Saturday 8am-6pm Jacksonville $15.00 $25.00 Monday-Friday 7am-6pm Miami $18.00 $23.00-$ days a week 7am-2am or 24 hours Key West $25.00 $ days a week 8am-midnight Clearwater $20.00 $ days a week Some 7am-7pm Gainesville $22.00 $31.50 Monday-Friday 8am-5pm Tallahassee $10.00-$30.00 $50-$70 Monday-Friday 8am-5pm Marco Island $95.00 Sarasota $35.00 Panama City $46.00 Beach St. Petersburg $17.50 $30.00 some Mon-Fri Some 8am-6pm West Palm Beach $27.00 $42.00 Monday-Saturday 7am-12am Mon-Fri Palm Bay $20.00-$30.00 Melbourne $25.00 Palm Beach $50.00-$60.00 $50.00-$ days a week 8am-6pm
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