Item 7DAGENDA ITEM 7D
SEPTEMBER 27, 2004
~+
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Handicapped Parking Fine
DATE: September 20, 2004
SUBMITTED BY: David E. Thompson, Chief ofPolice/DPS
BACKGROUND:
At the last City Commission Meeting, the updates to Chapter 21 of the City Code were
~""' completed and approved. One of the changes to the ordinance was raising the fine for
illegally parking in a handicapped parking space to $500.
~""' Since that time, the City Attorney has researched the Florida state statutes and found that
the state law limits the maximum fine that a municipality can impose for a handicapped
parking violation. Specifically, the fine may not exceed $250.00.
To be in compliance with the state law, the fine established in Chapter 21 needs to be
lowered to $250.00.
BUDGET: None
RECOMMENDATIONS: To change the handicapped parking fines in Chapter 21 of
the City Code to $250.00.
ATTACHMENTS: Proposed Ordinance Amendment
REVIEWED BY CITY MANAGER:
AG DA ITEM NUMBER:
.•
AGENDA ITEM 7D
SEPTEMBER 27, 2004
ORDINANCE NUMBER: 75-04-17
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING CHAPTER 21,
TRAFFIC AND MOTOR VEHICLES, SECTIONS 21-17(G)(2) AND
21-38(H) TO CORRECT THE AMOUNT OF FINE TO BE ASSESSED
FOR ILLEGAL PARKING IN DESIGNATED ADA ACCESSIBILITY
PARKING SPACES, ADOPTING ORDINANCE 75-04-17,
PROVIDING FOR RECORDATION AND PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ENACTED BY THE CITY
~. COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF
ATLANTIC BEACH, FLORIDA:
SECTION 1. Sections 21-17(8)(2) and 21-38(h) of Chapter 21, Traffic and Motor
Vehicles, of the Code of Ordinances for the City of Atlantic Beach, Florida are hereby
amended, and upon enactment shall read as follows:
Section 21-17(g)(2) A person convicted of violating these provisions regarding
parking spaces designated for disabled persons shall be punished by a fine of €r~e
~~~93-two-hundred fifty dollars ($250.00).
Section 21-38(h) Illegal parking in designated ADA Accessibility
parking spaces ...........................................589:89 $250.00
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption and shall be recorded in a book kept and maintained by the Clerk of the
City of Atlantic Beach, Duval County, Florida, in accordance with Section 125.68,
Florida Statutes.
Passed upon first reading and public hearing by the City Commission of the City of
Atlantic Beach this 27t" day of September, 2004. Passed upon final reading and public
hearing this day of October, 2004.
~•
JOHN S. MESERVE
Mayor/Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Attest:
JIM HANSON
Interim City Clerk