ADMINISTRATION AND ENFORCEMENT OF TRAFFIC CODE

§ 70.01 FLORIDA UNIFORM DISPOSITION OF TRAFFIC INFRACTIONS ACT; ADOPTION BY REFERENCE.

   (A)   Adoption of state law. Florida Statutes, Chapter 318, the "Florida Uniform Disposition of Traffic Infractions Act," and Chapter 316, the “Florida Uniform Traffic Control Law,” as they presently exist, or may be amended from time to time, are adopted by reference as though fully set out herein and shall be effective within the municipal limits of the city.

   (B)   Amount of civil penalties. In addition to any penalties imposed by State law or this code, the Clerk of the Court is authorized to assess a surcharge of $5 per violation for the sole purpose of funding the City's Crossing Guard Program (the "Program") described below:

      (1)   The city's program includes the school crossing guard training program which complies with the guidelines set forth by the Florida Department of Transportation, as amended from time to time, attached hereto and made a part hereof;

      (2)   The city hereby establishes the city's School Crossing Guard Program Trust Fund wherein all funds collected from the surcharge shall be deposited and monies therein shall be used and distributed as allowed by law.

('69 Code, § 16-9) (Ord. 398, passed 7-8-75; Am. Ord. 766, passed 12-4-85; Am. Ord. 1031, passed 5-19-83; Am. Ord. 1398, passed 2-20-02)

§ 70.02 CITATION APPEAL PROCESS; FAILURE TO PAY PARKING VIOLATION CITATION.

   (A)   It shall be a separate violation of this section to fail to pay any citation issued for the violation of an ordinance contained in this title relating to the parking of vehicles within the city.

   (B)   (1)   Any person who receives a parking citation issued pursuant to any city parking ordinance may contest such citation by giving written request for an administrative hearing to the Clerk of Courts within ten days of the date the citation was issued. All citations not paid within ten days of the date the citation was issued or a request for an administrative hearing filed with the Clerk of Courts within said ten days shall result in a $12 late fee being charged and collected by the Clerk of the Court. The Clerk shall set the hearing within 30 days of the date the citation was issued, giving the person issued the citation at least seven days notice excluding Saturdays, Sundays, and legal holidays.

      (2)   Said notice shall be sent to the address of the registered owner of the vehicle as per issued citation or, in the event that the driver of the vehicle is not the owner, to the driver’s address if he or she requests a hearing.

   (C)   (1)   The person issued the citation may:

         (a)   Be represented by counsel;

         (b)   Call and examine witnesses;

         (c)   Introduce exhibits;

         (d)   Examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination;

         (e)   Impeach any witness, regardless of which party first called him or her to testify.

      (2)   All hearings shall be conducted insofar as practical in accordance with the Florida Rules of Civil Procedure and the Florida Evidence Code. However, the general nature of the hearing shall be conducted in an informal manner.

      (3)   All irrelevant, immaterial, or unduly repetitious evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

      (4)   Any interested party or person may make application and upon good cause shown may be allowed by the hearing officer in his or her discretion to intervene and appear in a proceeding pending before the hearing officer.

   (D)   (1)   Those persons who receive a parking citation but who reside in Palm Beach, Broward, or Dade County may contest the citation in writing, thus avoiding the necessity of appearing for a hearing.

      (2)   Such person must submit his or her written request to contest the citation by mail, along with all evidence within ten days of the date the citation was issued.

      (3)   The written request to contest the citation by mail and evidence must be sent to the Clerk of Courts. The Clerk shall present the evidence to the hearing officer within 30 days of the date the citation was issued.

      (4)   The evidence presented must include a sworn statement by the person cited. The statement must identify the citation at issue by its number and date of issuance. It must set forth the name and current address of the person cited. The statement may contain argument in defense against the citation. The hearing officer will not consider unsworn statements.

      (5)   The evidence submitted may include sworn statements of witnesses. Such statements must include the name and address of the witness as well as the basis of the witness's knowledge about the facts asserted in the statement. The evidence submitted may also include such documents as are relevant and material to the disposition of the citation. All evidence submitted is subject to the evidentiary rules set forth above.

   (E)   (1)   Pursuant to F.S. § 316.1967, any person who elects to appear before the hearing officer or to contest a citation by mail shall be deemed to have waived his or her right to pay the civil penalty amount set forth on the citation.

      (2)   After a hearing or consideration of mailed-in admissible evidence, the hearing officer shall make a determination based on the greater weight of the evidence as to whether a parking violation has been committed and shall issue an order imposing a civil penalty not to exceed $250 for violations of disabled parking ordinances and $100 for violations of all other county parking ordinances. The hearing officer may, in his or her discretion, grant additional time to pay the civil penalty amount. All orders shall be in writing, signed and dated by the hearing officer, and shall contain findings of fact supporting the order and conclusions of law.

      (3)   If, at the conclusion of a hearing or consideration of mailed-in admissible evidence, the hearing officer orders a dismissal of the citation and finds no violation, the hearing officer shall so state and issue his or her order of dismissal in writing, signed and dated by the hearing officer and containing findings of fact supporting the order. Hearings shall be scheduled within 30 days of request and decided within 30 days thereafter. An order, decision or opinion of the hearing officer may be appealed by the filing of a petition for Writ of Certiorari in the Circuit Court of the Seventh Judicial Circuit in and for Broward County, Florida, by any party receiving an adverse ruling.

('69 Code, § 16-10) (Ord. 444, passed 5-16-77; Am. Ord. 1398, passed 2-20-02)

Cross-reference:

   Stopping, standing, and parking regulations, see Ch. 72

Statutory reference:

   Authority of municipalities to regulate stopping, standing, or parking, see F.S. § 316.008

REIMBURSEMENT OF COSTS AND EXPENSES INCURRED BY THE CITY IN RESPONDING TO ACCIDENTS INVOLVING DRIVERS UNDER THE INFLUENCE

§ 70.15 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CONTROLLED SUBSTANCES. Any substance named or described in Schedule I through V of F.S. § 893.03, as such schedules may be amended, from time to time, pursuant to Chapter 893.

   COSTS AND EXPENSES OF EMERGENCY RESPONSES. Shall mean and include, but not be limited to, all costs of labor, medical materials, medical equipment, police equipment, fire equipment, and administrative expenses associated therewith, which shall be expended, used or associated with, occasioned by or connected with any emergency medical, fire or police response and, for the purposes hereof, the costs of emergency medical, fire and police manpower services shall be as set forth on such schedules as the City Council may adopt, from time to time, by resolution.

(Ord. 890, passed 5-3-89)

§ 70.16 INCORPORATION OF STATE LAW BY REFERENCE.

   The standards and schedules set forth at F.S. § 893.03, as the same may be amended from time to time pursuant to F.S. Chapter 893, are hereby adopted and incorporated by reference, as if the same are set forth verbatim herein.

(Ord. 890, passed 5-3-89)