§ 22-30. Penalties and procedures.  


Latest version.
  • (a)

    Any person issued a county parking violation notice by a law enforcement officer shall be deemed to be charged with a noncriminal violation and shall comply with the discretion on the notice.

    (b)

    The board of county commissioners shall adopt, and may from time to time amend by resolution, a schedule of civil penalties for parking violations for which payment may be made as provided on the parking violation notice.

    (c)

    Any person receiving a parking violation notice pursuant to this section shall respond to the violation notice by either of the following procedures within thirty (30) days after the date of issuance of the citation:

    (1)

    Payment of the penalty indicated on the violation notice may be remitted to the county clerk of courts pursuant to the directions on such violation notice; or,

    (2)

    A hearing may be requested by the person receiving such violation notice for the purpose of presenting evidence before a county judge or magistrate concerning a parking violation. Any person requesting a hearing and who does not appear shall be subject to contempt proceedings or to such other penalties as the court may in its discretion impose to require compliance with this article.

    (d)

    An election to request a hearing constitutes a waiver of the right to pay the civil penalty indicated on the parking violation notice and a county judge or magistrate, after such hearing, upon making a determination that a parking violation has been committed, may impose a fine not to exceed five hundred dollars ($500.00), plus court costs, not to exceed five hundred dollars ($500.00) for each parking violation.

    (e)

    If the clerk of courts receives a completed parking violation notice submitted by a law enforcement office pursuant to this article and, if there has been no response to the violation notice within the thirty (30) day period set forth above, or if there are outstanding at least two (2) other unpaid violations for which the person ticketed is responsible the clerk of courts shall cause the issuance of a summons. In such event, the clerk shall have the person to whom the violation notice was issued served with a summons requiring attendance at a hearing at a time and place specified in such notice of summons or payment of the civil penalty prior to said hearing. The amount of the civil penalty imposed for violation of this article shall be increased by an additional ten dollars ($10.00) upon the issuance of a summons by the clerk of the county court to a person charged with a parking violation.

    (f)

    The court or magistrate, after hearing the parking violation notice, shall make a determination as to whether or not a parking violation has been committed and may impose a civil penalty not to exceed one hundred dollars ($100.00), plus court costs not to exceed five hundred dollars ($500.00). Any person upon whom service is obtained pursuant to this article who does not appear at the hearing as directed shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with the court's directive.

    (g)

    Pursuant to F.S. § 316.1967(6), the clerk of courts shall supply the tax collector, and if applicable license tag agents, monthly, with an alphabetized list of persons who have three (3) or more outstanding parking violations to whom no license plate or revalidation sticker shall be issued until such person's name no longer appears on said list or until he/she presents a receipt from the clerk showing that such parking fines have been paid. The tax collector and clerk shall each be entitled to receive monthly, as costs for implementing and administering this subsection, ten (10) percent of the civil penalties and fines recovered from such persons. This section shall be automatically modified upon amendment of F.S. § 316.1967(6), so as to keep it in conformity therewith.

    (h)

    The board of county commissioners does hereby adopt the following schedule of civil penalties for violations of this article relating to parking in the county:

    Violation Amount of
    Civil Penalty
    No parking ..... $ 10.00
    No parking anytime .....   10.00
    No parking, stopping, standing .....   10.00
    No parking, here to corner .....   10.00
    No parking, between signs .....   10.00
    No parking, this side .....   10.00
    Obstructing traffic .....   10.00
    Handicapped persons only .....   50.00
    On sidewalk .....   10.00
    On crosswalk .....   10.00
    Double parked .....   10.00
    Blocking driveway .....   10.00
    Blocking fire hydrant .....   10.00
    Parking within thirty (30) feet of traffic-control device .....   10.00
    No parking, official vehicles only .....   10.00
    Parking for assigned personnel only .....   10.00
    No parking, law enforcement vehicles only; tow away zone .....   10.00
    Left wheels to curb (two-way street only) .....   10.00
    Emergency vehicles only; tow away zone .....   10.00
    Handicapped loading .....   20.00
    Wheelchair ramp .....   50.00
    Parking wrong way on one-way street .....   10.00
    Parking within fifty (50) feet of nearest rail at railroad crossing .....   10.00
    Parking over designated line .....   20.00
    Parking in fire lane .....   20.00
    Dual rear wheel vehicle .....   20.00

     

(Ord. No. 87-21, § 13; Res. of 12-14-87, § 1; Ord. No. 01-06, § 1, 2-5-01; Ord. No. 02-08, § 4, 4-8-02; Ord. No. 03-05, § 2, 2-17-03)