§ 21-2. Parking regulations.

(a)

This section is enacted pursuant to ch. 316, F.S., also known as the State Uniform Traffic Control, which authorizes counties in the state to regulate the parking of vehicles and to enforce regulations relating to disabled persons parking.

(b)

For the purposes of this section, the county hereby adopts the provisions of §§ 316.1945 through 316.1967, inclusive, F.S., as its regulations pertaining to the parking of vehicles on county-owned or -leased property, and pertaining to parking in spaces designated as disabled persons parking. The provisions of §§ 316.1945 through 316.1967, F.S., are by reference incorporated herein and made a part hereof as if set out in full. Parking in violation of these aforesaid statutes or any section thereof, is a violation of this section.

Additionally, it shall be a violation of this section for any person to stop, stand or park a vehicle within any area, whether privately owned or publicly owned, where said area is designated and/or set aside as a fire or emergency lane. Any such fire or emergency lane shall be posted with either a permanent above-grade sign or permanent painted pavement markings in red or yellow indicating such area as a fire or emergency lane and that no parking is allowed.

(c)

In any area within the county where marked parking spaces are provided and available to the general public for the purpose of conducting business or recreational activities, the driver of any vehicle, except those vehicles prohibited by county ordinance, shall park in a designated space only and shall not park so as to interfere with the use of any other parking space around the vehicle. Oversized vehicles, such as motor homes, single unit trucks or vehicles bearing a valid handicapped parking decal may use the maximum of two parking spaces so long as their parking does not interfere with traffic movement or vision. Semitractor trailers, vehicles pulling travel or boat trailers may use the minimum number of parking spaces necessary to reasonably accommodate the vehicle and trailer.

(d)

The landowner of any property in the county who leases, subleases or contracts out said property to any business venture, or who operates a business in the county shall comply, and shall require his or her tenants, subtenants and/or contractors to comply, with any and all statutes or parking ordinances enacted by the board of county commissioners or the state.

(e)

The sheriff or his duly authorized representatives and officers of the Florida Highway Patrol shall be responsible for enforcing this section within their respective jurisdictions and authority as defined under state law. When it is determined by any of the foregoing law enforcement officers that a vehicle is parked in violation of this section, the officer shall:

(1)

Issue a parking ticket in the form prescribed by the county in subsection (g) of this section to the driver of the vehicle; or

(2)

If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place; or

(3)

If the vehicle is unlawfully parked in a space designated with the international symbol of accessibility, and with a permanent above-grade sign with the caption "Parking by Disabled Permit Only" which has been provided by governmental agencies pursuant to § 316.1955, F.S., or nongovernmental entities pursuant to § 316.1956, F.S., the officer shall proceed against said vehicle in accordance with the provisions of the applicable statute.

(f)

A civil penalty of $100.00 shall be assessed for violating the handicapped parking statute; $32.00 for parking in a fire lane; $32.00 for violating subsection (c) of this section. Civil penalties shall be assessed for other violations of this section as provided by law. Said penalty shall be paid within seven days of the issuance of the parking ticket identifying the violation unless a hearing is requested before the county court. Liability for the payment of said parking ticket violations under the provisions of this section shall be directed in § 316.1967, F.S. In those instances where nonpayment of the fine and failure to otherwise respond to the ticket necessitates referral of the ticket for action by the county court as described in § 316.1967(2), F.S., the individual responsible for payment of the parking ticket shall also be liable for payment of any costs incurred by the clerk of the court in providing notice of the ticket to the registered owner of the offending vehicle.

(g)

The county shall design and have printed tickets to be issued to violators of this section. Said ticket form shall contain at a minimum the following information: the date, time, type and location of the violation, designated fines; description of the offending vehicle, including make, color, tag number and state of registration; and the issuing officer's name and identification number. The ticket form shall further direct that the person to whom the ticket was issued shall, within seven days, either pay the designated fine by mail or in person, or appear in person at the clerk of the court and request a hearing in county traffic court. The address where fines may be paid shall be plainly printed on the ticket form.

(h)

The clerk of the court, or his duly authorized representative, is authorized, in addition to other duties imposed herein, to accept fines paid within the time limit prescribed in subsection (g) above, issue receipts therefor, schedule court appearances for those persons requesting the same, and establish procedures and provide other services necessary to carry out his duties under this section. Fines collected by the clerk of the court shall be accounted for and paid monthly into the general fund of the county. The clerk shall be entitled to retain a $5.00 administrative fee for each ticket processed.

(i)

The clerk of the court shall supply the state department of highway safety with a magnetically encoded computer tape reel or cartridge or send by other electronic means data which is machine readable by the installed computer system at the department, listing persons who have any outstanding violation for parking in spaces designated for use by disabled persons or three or more unpaid parking citations for improper or fire/emergency lane parking violations. No license plate or revalidation sticker shall be issued by the tax collector until such registered owner presents a receipt from the clerk showing that such parking fines have been paid or the person is removed from the tape after update by the clerk.

(Ord. No. 97-16, §§ 1—9, 7-10-97)

Editor's note

Ord. No. 97-16, adopted July 10, 1997, provided for codification but did not specify the manner thereof; hence, inclusion of §§ 1—9 of such ordinance as § 21-2 was at the discretion of the editor.