Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO PRIVATE PARKING TICKETS AND PRIVATE ENFORCEMENT; CREATING SECTION 20-164.2 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); PROHIBITING THE ISSUANCE OF PRIVATE PARKING TICKETS AND PRIVATE ENFORCEMENT OF PARKING TICKETS; AMENDING SECTION 8½-16 OF THE CODE TO PROVIDE FOR FINES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by Commissioner Mark D. Bogen)
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Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance is being considered by the Board of County Commissioners at its meeting of September 9, 2021.
What Action Accomplishes
Permits the Board to consider enacting the proposed Ordinance.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
The proposed Ordinance, if enacted, would make it unlawful for any property owner or person engaged in the operation of a private parking facility, or an agent of same, to issue a citation, ticket, or notice of violation to any vehicle parked in a parking lot. The proposed Ordinance would also make it unlawful to immobilize or "boot" a vehicle unless done by a licensed towing company in compliance with the County's existing requirements, including with regard to notice and maximum fees, for towing and immobilization of vehicles. Violations would be subject to civil penalties as described in Section 8½ 16(b) of the Code, including fines of $250 for first-time violations and $500 for repeat violations.
Exhibit 3 conforms the proposed Ordinance to recently enacted legislation that generally prohibits investigation of anonymous code complaints and requires that complainants identify their names and addresses.
Source of Additional Information
René D. Harrod, Chief Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Fiscal Impact Statement by the Office of Management and Budget is attached as Exhibit 2.