(a) When any police officer or parking enforcement specialist finds a vehicle in violation of the provisions of this article or signs erected in accordance with the provisions of this article, the officer or parking enforcement specialist shall issue a parking citation by attaching the citation to the vehicle in a conspicuous place. This parking citation shall be on a prenumbered form in such format as required and approved by the Court Clerk and shall contain language providing notice of the following:
(1) The type of violation and amount of penalty imposed;
(2) The procedures to be followed in either paying the penalty or electing not to pay the penalty and requesting a hearing before a traffic hearing officer or a county court judge concerning the parking violation;
(3) The penalty for failure to comply with directions contained in the citation;
(4) Date, time and location of violation;
(5) Vehicle tag number, decal number, model and color;
(6) Name and address of the registered owner;
(7) Owner's date of birth;
(8) Name and signature of issuing officer or parking enforcement specialist;
(9) Statement as to effect of election to request hearing and failure to comply with citation; and
(10) Blanks for name and mailing address of person receiving citation.
(b) The police officer or parking enforcement specialist shall determine the registered owner of the vehicle for which a citation was issued and shall complete the citation form. The original copy of the citation form shall be forwarded to the Court Clerk when completed for processing pursuant to subsection (c).
('75 Code, § 16-26.7)
(c) The payment or requests for hearings in response to municipal citations shall be received and processed by the Court Clerk. Any person issued a town parking citation pursuant to sub-section (a) above shall answer the citation by either of the following procedures within ten (10) days after the date of issuance of the citation:
(1) Payment of the penalty indicated on the citation may be remitted to the Court Clerk, pursuant to the directions on such citation; or
(2) A hearing may be requested by the person receiving such citation or the registered owner of the cited vehicle for the purpose of presenting evidence before a traffic hearing officer or county court judge concerning a parking violation. Any person requesting a hearing shall execute a statement on a form prepared by the Court Clerk indicating said person's willingness to appear at such a hearing at a time and place specified thereon. Any person who requests a hearing and does not appear in accordance with the statement shall be subject to contempt proceedings or to other such penalties as the court may, in its discretion, impose to require compliance with this chapter.
(d) Pursuant to the provisions of Section 316.1967 and 318.325, Florida Statutes, an election to request a hearing constitutes a waiver of the right to pay the civil penalty indicated on the parking citation, and a traffic hearing officer or a county court judge, after the hearing, may impose a fine not to exceed $100, plus court costs, for each parking violation.
(e) Upon receipt of a completed parking citation submitted by a law enforcement officer or parking enforcement specialist pursuant to subsection (a), the Court Clerk shall notify the registered owner first listed on such citation of its issuance if there has been no response to the citation pursuant to subsection (c). Such notice shall be sent by regular mail and shall inform the registered owner concerning the nature and location of the parking violation in direct compliance with either of the alternatives specified in sub-section (c) within 14 days after the date the notice is mailed according to the records maintained by the Court Clerk. The notice shall also contain a statement informing the registered owner of the increased penalty required pursuant to sub-section (d).
(f) If payment of the civil penalty is not received or if a hearing is not requested within the 14-day period after the notice described in sub-section (e) is mailed and such notice is not returned as undeliverable by the U.S. Postal Service, the Court Clerk shall send a similar notice to the owner by certified mail requesting compliance with either of the alternatives specified in sub-section (c) within 14 days after the date the notice is mailed, according to the records maintained by the Court Clerk. The notice shall also contain a statement informing the registered owner of the increased penalty required pursuant to sub-section (d).
(g) If the Court Clerk receives proof of delivery of the notice mailed by certified mail pursuant to sub-section (e), and payment of the penalty is not received, or a hearing requested, within the 14-day period specified therein, the Court Clerk shall cause the registered owner first listed on the parking citation to be served in accordance with the Florida Rules of Civil Procedure with a court order requiring payment or attendance at a hearing at a time and place specified in such order. Pursuant to the provisions of Section 316.1967 and 318.325, Florida Statutes, a traffic hearing officer or a county court judge, after the hearing, shall make a determination as to whether a parking violation has been committed and may impose a fine not to exceed $100, plus court costs. Any person upon which service is obtained pursuant to this section, who does not appear at a hearing as directed by the court order shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with the order.
('75 Code, § 16-26.8) (County Ord. 79-31, passed 11-8-79; Amending County Ord. 80-09, passed 3-20-80; Town Ord. 80-10, passed 5-27-80; Town Ord. 94-07, passed 1-18-95; Town Ord. 95-02, passed 7-19-95)