§ 8-29. Procedures.

(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 directions on the notice. Cases alleging parking violations shall be referred to a designated official for disposition as provided by law.

(b)

All county parking violation notices shall state in a prominent place that the person receiving the notice may pay to the board of county commissioners a civil penalty as provided on the parking violation notice.

(c)

Any person receiving a parking violation notice shall respond to the violation notice by either of the following procedures within ten (10) days after the date of the issuance of the citation:

(1)

Payment of the penalty indicated on the violation notice may be remitted to the board of county commissioners pursuant to the directions on such violation notice; or

(2)

A hearing may be requested by the person receiving such violation notice or the cited vehicle's registered owner for the purpose of presenting evidence before a designated official concerning a parking violation. Any person requesting a hearing shall execute a statement on a form provided by the board of county commissioners indicating his willingness to appear at such hearing at a time and place specified thereon. Any person who requests a hearing and does not appear in accordance with such statement 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 right to pay the civil penalty indicated on the parking violation notice and a designated official, after such hearing, upon making a determination that a parking violation has been committed, may impose a fine not to exceed one hundred dollars ($100.00), plus court costs for each parking violation; provided, however, that such fine may not exceed two hundred fifty dollars ($250.00), plus court costs, for each violation of any offense regarding handicapped parking. In addition to all other costs, fines and administrative fees assessed regarding parking violations, an additional court cost of fifteen dollars ($15.00) shall be assessed by the designated official after hearing any parking violation matter which come on before the designated official by a summons or by request for hearing, excluding those cases which are dismissed or adjudicated not guilty. The clerk of the court shall retain ten (10) percent of this additional court cost paid for administration.

(e)

If the Osceola County Clerk of the Court receives a completed parking violation notice submitted by a law enforcement officer pursuant to this article and, if there has been no response to the violation notice within the ten-day period set forth in subsection (c) above, the county clerk of the court shall issue a summons. The clerk shall have the person to whom the violation notice was issued served with a summons requiring payment of the fine or attendance at a hearing at a time and place specified in such notice of summons. The amount of any fine 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 the person charged with a parking violation.

(f)

The designated official, after a hearing on the parking violation notice, shall make a determination as to whether or not a parking violation has been committed and may impose a fine not to exceed one hundred dollars ($100.00), plus court costs. Provided, however, that such fine may be imposes up to but not exceeding two hundred fifty dollars ($250.00), plus court costs, for each violation of any offense regarding handicapped parking. 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.

(Ord. No. 97-23, § 5, 12-15-97)