(A) Whenever any motor vehicle is found parked, stopped, or standing, in violation of any of the restrictions imposed by city ordinance or applicable state statute, the law enforcement officer or parking enforcement specialist or code enforcement officer who is certified to issue such citations finding the vehicle shall take its license tag number, and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to the vehicle a parking citation on a form provided by the Chief of Police or his designee for the driver to answer to the charge against him within the time prescribed below. Each day a vehicle is found in violation shall constitute a separate offense.
(B) (1) The owner or operator of any motor vehicle receiving a notice as provided in subsection (A) above shall pay to the city as a penalty for and in satisfaction of the violation the sum of $45 within 14 days after issuance of the citation.
(2) The penalty for parking in a space reserved for disabled persons without the parking permit, license plate, taglet or other statutorily recognized standard as required by law shall be the sum of $250.
(3) The penalty for violations of § 71.07, Commercial Vehicles in the Right-of-Way, shall be the sum of $150 per day for each violation in addition to removal by towing as provided in said section.
(4) The penalty for parking in a time limited parking zone in violation of § 76.08(b)(5), shall be $200 for any initial violation and $400 each for a second or subsequent violation. In addition, any vehicle found in violation of the same may be immobilized by the city, or towed by the city’s authorized towing provider, if the vehicle is impeding or obstructing the safe movement of other vehicles or pedestrians.
(5) In the event the city is not noticed pursuant to the provisions as contained in subsection (C)(1) below within 14 days of the issuance of the parking citation and the penalty assessed for the parking violation is not satisfied within 14 days of the issuance thereof, the penalty for the violation shall be increased by the sum of $15. In the event the city is not noticed pursuant to the provisions as contained in subsection (C)(1) below within 30 days of the issuance of the parking citation and the penalty assessed for the parking violation is not satisfied within 30 days of the issuance thereof, the penalty for the violation shall instead be increased by the total sum of $30. Failure to pay any penalty for parking violations shall be a violation of this chapter and the responsible parties shall be subject to appropriate action which shall include, but not be limited to, the matter being turned over to a collection agency, having an immobilizing device placed on the vehicle, or have a hold placed on the license plate, until such time as all unpaid citations have been paid.
(C) (1) Any person who chooses to contest the citation and elects to appear before a county judge or other officially designated individual to present evidence regarding a parking citation shall be deemed to have waived their right to pay the civil penalty provisions as provided for in this section. All such persons shall provide notice to the city of their request to contest the parking citation within 14 days after the citation is issued as directed on the citation. Failure to timely request the right to contest the citation before a judge or other authorized official shall constitute a waiver of the right to do so.
(2) The county judge, after a hearing, shall make a determination as to whether a parking violation has been committed and shall impose a civil penalty not to exceed $100, unless otherwise indicated, plus court costs for parking violations, and $250, plus court costs for disabled parking violations as permitted by F.S. § 316.008(4). The court may direct all or part of any parking fines and court costs imposed be paid directly to the city. Both the city and the court are authorized to take appropriate measures to enforce the collection of any fines and costs imposed from any person or owner of any motor vehicle found to be in violation who fails to pay the civil penalty within the time allowed by the court.
(D) The city administration is authorized to pursue satisfaction of outstanding parking citations in any manner authorized by law including, but not limited to, the use of a collection agency to accomplish same. Collection fees assessed by a collection agency may also be added and collectable as permitted by law. All owners of motor vehicles shall be responsible for payment of all penalties, fines and costs associated with the unlawful parking of their vehicles, unless they can establish any such vehicle was utilized without their consent including, but not limited to, documented proof of theft or of other unauthorized use.
(E) The City’s Law Enforcement Agency and designated parking enforcement division are hereby directed to supply the Department of Highway Safety and Motor Vehicles with a magnetically encoded computer tape or by other current designated means, listing persons who have, or owners of vehicles with, three or more outstanding parking violations, or any single or multiple outstanding disabled parking violations, pursuant to the provisions of F.S. § 316.1967 (1994 Supp.) as currently enacted or as amended from time to time.
(Ord. 96-23, passed 12-12-95; Am. Ord. 2012-25, passed 2-28-12; Am. Ord. 2015-22, passed 1-13-15; Am. Ord. 2021-57, passed 5-25-21; Am. Ord. 2022-74, passed 9-27-22; Am. Ord. 2023-65, passed 7-25-23)