§ 72.999 PENALTY.

   (A)   A violation of § 72.051, after conviction by a court of competent jurisdiction, is punishable as provided in § 10.99 of this Code.

('72 Code, § 34-55) (Ord. O-91-20, passed 4-3-91; Am. Ord. O-2013-09, passed 3-6-13)

   (B)   Any person who shall violate the provisions of § 72.052 shall, upon conviction thereof, be punished by a fine of not more than $150 or by imprisonment for not more than ten days, in the discretion of the court.

('72 Code, § 34-47(c)) (Ord. O-79-13, passed 3-7-79; Am. Ord. O-88-14, passed 4-6-88; Am. Ord. O-2011-28, passed 10-19-11)

   (C)   Any person or firm found in violation of § 72.111(A) or (B) shall be liable for a fine of $100, pursuant to the jurisdiction of the county court. Parking citations for violations may be issued by any city officer with parking enforcement certification. Alternatively, a code enforcement officer may cite an alleged violator with a notice to appear before a Code Enforcement Special Magistrate, as provided in Chapter 36 of this Code.

('72 Code, § 34-95) (Ord. O-91- 38, passed 6-19-91; Am. Ord. O- 96-07, passed 2-28-96; Am. Ord. O-2005-02, passed 3-2-05; Am. Ord. O-2011-28, passed 10-19-11; Am. Ord. O-2021-07, passed 5-5-21)

   (D)   The penalty for a violation of § 72.155 shall be a fine of not more than $100 or imprisonment of not more than five days, or both, at the discretion of the court.

('72 Code, § 34-140(b)) (Ord. O-79-13, passed 3-7-79)

   (E)   The following fines have been established for improper parking:

      (1)   Overtime parking and metered parking. Any person found in violation of § 72.027 shall be liable for a fine of $35, except that for a second violation of § 72.027 within six months of the first violation of § 72.027, the fine shall be $75, and for a third or subsequent violation of § 72.027 within six months of the first violation of § 72.027, the fine shall be $150.

      (2)   Improper parking. Any person found in violation of § 72.004 or 72.023 shall be liable for a fine of $20.

      (3)   Prohibited parking.  

         (a)   Any person found in violation of §§ 72.002, 72.121(A), 72.006, 72.008, 72.009(A), 72.010 through 72.013, 72.015, 72.017 through 72.019, 72.078, or 72.131, shall be liable for a fine of $40.

         (b)   Any person found in violation of §§ 72.013, 72.022, 72.024, 72.025, 72.026(B), 72.032, 72.035, 72.051, or 72.121 shall be liable for a fine of $40, except that for a second violation within six months of the first violation, the fine shall be $85, and for a third or subsequent violation within six months of the first violation, the fine shall be $150.

      (4)   Hazardous parking. Any person found in violation of § 72.014, 72.020, 72.021, 72.031, 72.033, 72.034, and 72.035 shall be liable for a fine of $40.

      (5)   Fire hydrant, fire station, fire lane, fire zone or safety zone. Any person found in violation of § 72.028, 72.029 or 72.030 shall be liable for a fine of $125.

      (6)   Handicapped zone. All persons found in violation of § 72.140 or 72.141 shall be liable for a fine of $250.

      (7)   School crossing guard surcharge. All parking citations issued in accordance with this section shall have, over and above the base fine, a surcharge of $5.

      (8)   Freight loading zone. Any person found in violation in § 72.016 shall be liable for a fine of $200.

('72 Code, § 34-1) (Ord. O-79- 13, passed 3-7-79; Am. Ord. O-86- 21, passed 5-7-86; Am. Ord. O-87- 28, passed 5-20-87; Am. Ord. 88- 39, passed 7-20-88; Am. Ord. O-92-66, passed 12-16-92; Am. Ord. 0-94-61, passed 11-16-94; Am. Ord. O-96-23, passed 7-3-96; Am. Ord. O-2006-16, passed 5-3- 06; Am. Ord. O-2010-07, passed 3-3-10; Am. Ord. O-2011-28, passed 10-19-11; Am. Ord. O-2012- 04, passed 3-7-12; Am. Ord. O-2021-07, passed 5-5-21)

   (F)   Parking Permit Program. All persons found in violation of § 72.026(J)(3) or 72.026(J)(4) shall be liable for a fine of $200.

(Ord. O-2003-03, passed 2-5-03; Am. Ord. O-2011-28, passed 10-19-11; Am. Ord. O-2021-07, passed 5-5-21)

   (G)   After the third violation of § 72.026(H)(4) is committed involving the same vehicle, and upon advanced written notice being posted on the vehicle and mailed to the registered owner of the motor vehicle, the Director or his or her designee(s) is authorized to attach to the vehicle, upon the issuance of the fourth such citation, a non-destructive immobilizing device.

(Am. Ord. O-2021-07, passed 5-5-21)

   (H)   Enforcement; right of appeal. The Office of Parking & Intergovernmental Affairs shall enforce the provisions of this chapter. The Police Department and the Office of Code Enforcement shall assist the Office of Parking & Intergovernmental Affairs in the enforcement of this chapter. If a parking enforcement officer finds a violation of this chapter, the parking enforcement officer shall issue a citation to the violator as provided in § 72.151, as amended from time to time. The notice shall inform the violator of the nature of the violation, the amount of fine for which the violator may be liable, instruction and due date for paying the fine, notice that the violation may be appealed as provided in this chapter, and notice that the failure timely to appeal shall constitute an admission of the violations and waiver of the right to a hearing. All fines shall be paid in U.S. currency.

(Am. Ord. O-2011-28, passed 10-19-11)

   (I)   Fines.  

      (1)   All persons found in violation of § 72.158 shall be liable for the following fines:

         (a)   Unauthorized/illegal ramping - $150 per offense.

         (b)   Unauthorized/illegal storage - $250 per offense.

         (c)   Operation without a valet permit - $50 per offense per day.

         (d)   Failure to have required insurance - $150 per offense per day.

         (e)   Failure to wear name tag - $25 per offense.

         (f)   Failure to wear uniform - $25 per offense.

         (g)   Failure to have Florida driver's

license - $25 per offense, and immediate removal of the employee from the valet operation.

      (2)   For each violation of § 72.158 that results in a fine against a person other than the valet operator, the valet operator shall also be liable for a fine, and such fine shall be in the amount of $25 per day.

(Ord. O-2003-03, passed 2-5-03; Am. Ord. O-2010-26, passed 7-7-10)

   (J)   Any person receiving a parking violation notice shall, within ten business days, pay the civil penalty or request a hearing before a designated official.

      (1)   Failure to pay the civil penalty or to request a hearing within ten business days of the issuance of the parking violation notice will result in the imposition of a delinquent fee of $10 in addition to the citation fine for each citation issued.

      (2)   Failure to pay the civil penalty or to request a hearing within 30 business days of the issuance of the parking violation notice will result in the imposition of an additional delinquent fee of $25, for a total civil penalty of $35 in addition to the citation fine for each citation issued.

      (3)   Pursuant to F.S. § 938.35, parking violation fines and penalties for which full payment is not received within 90 calendar days from the date of issuance and collection of such fee is referred by the city to a private attorney who is a member in good standing of the Florida Bar or to a collection agent who is registered and in good standing pursuant to F.S. Chapter 559, to pursue the collection of such unpaid financial obligations will also be subject to an additional collection fee added to the balance owed. The amount of such collection fee shall not exceed 40% of the amount owed at the time the account is referred to the attorney or agents for collection, or in the actual amount charged by such private attorney or agents for collection, whichever is less.

      (4)   In the case of overpayment of a parking violation fine and penalty, no refund shall be made if payment of any other delinquent citation is due and owing on any vehicle owned by the same registered owner of the vehicle, and if such citation is not under appeal. The city shall apply such credit balance to the oldest outstanding delinquent citation first.

(Am. Ord. O-2021-07, passed 5-5-21)