Sec. 106-26. - Authorization to prohibit parking.

The board of county commissioners may place official signs prohibiting parking upon public roads and rights-of-way, roads dedicated to the public by plat, in county-owned parks, and on county-owned property, or other areas under its jurisdiction, by the passage of a resolution which designates the area where such conduct is prohibited.

Based on safety or traffic management considerations, the county's traffic operations manager may also restrict or prohibit parking on such roads by causing a sign to be erected reflecting the designation. Any person who wishes to appeal a determination of the traffic operations manager that restricts or prohibits parking must file an appeal in conformity with chapter 317 of the Land Development Code within thirty (30) days of the effective date of this section or the erection of the sign reflecting the parking restriction, whichever is later.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07; Ord. No. 10-02, § 1, 2-9-10)

Sec. 106-27. - Issuance of parking citations.

When any deputy sheriff or parking enforcement specialist employed by the sheriff finds a vehicle in violation of this article, he shall issue a parking citation by placing the citation in a conspicuous place on the vehicle. Such parking citation form shall contain language providing notice of the following:

(1)

The type of violation and amount of penalty imposed by this article.

(2)

A description of the vehicle, its license plate number and its vehicle identification number, if reasonably accessible.

(3)

The procedures to be followed in either paying the penalty or, in the alternative, electing not to pay such penalty and instead requesting a hearing before a designated hearing official concerning the parking violation.

(4)

The penalty for failure to comply with directions contained on the citation.

This shall not limit the ability of county employees authorized to issue county ordinance citations to enforce violations of this article through that process.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07; Ord. No. 11-02, § 1, 2-22-11)

Sec. 106-28. - Civil penalties for violation.

(a)

Any person cited for parking in violation of this article may pay a fine in lieu of a court appearance for the offense in accordance with the following fine schedule:

(1)

Any person cited for a class I parking violation may pay a fine of fifteen dollars ($15.00) within thirty (30) calendar days from the date the citation was issued. For second or subsequent violations, the fine is doubled.

(2)

Any person cited for a class II parking violation may pay a fine of twenty-five dollars ($25.00) within thirty (30) days from the date of the citation. For second or subsequent violations, the fine is doubled.

(3)

Any person cited for a class III parking violation may pay a fine of thirty-five dollars ($35.00) within thirty (30) days of the date of such citation. For second or subsequent violations, the fine is doubled; or

(4)

Any person cited for a class IV parking violation shall pay a fine within thirty (30) days of the date of such citation, unless that person requests a hearing before a designated hearing official pursuant to subsection 106-29(a). This subsection shall not preclude a person cited for a class IV parking violation from having the citation dismissed by the clerk of circuit court pursuant to subsection 106-28(c). The fine and penalty, if any, for violating a class IV parking violation is as follows: two hundred fifty dollars ($250.00) for the first violation of sections 106-36, 106-37, or 106-38. For a second or subsequent violation, in addition to the fine of two hundred fifty dollars ($250.00), the violator must complete a minimum of forty (40) hours of community service for a nonprofit organization that serves the disabled community or serves persons who have disabling diseases, or any other community service that may sensitize the violator to the needs and obstacles faced daily by persons who have disabilities. The violator must complete the forty (40) hours of community service within one hundred twenty (120) days from the issuance of the citation. The clerk of the circuit court may grant three separate 30-day extensions to pay class IV parking violations.

(5)

In addition to the other penalties provided for herein or allowed by statute, the clerk of the circuit court shall assess and collect a surcharge of five dollars on all parking fines. The clerk of the circuit court of the county is authorized to collect the surcharge and to distribute such funds as provided in F.S. § 318.21. The funds shall be placed in a trust fund called the school crossing guard trust fund, and shall be distributed quarterly to fund school crossing guard programs. A portion of the funds may be used to pay for startup costs and recurring administrative costs related to printing new tickets or other means of implementing the programs.

(b)

If a person cited for a class I, II, or III parking violation fails to pay the prescribed fine within thirty (30) days after issuance of the citation, the amount of the civil penalty assessed shall be doubled and the person so cited may pay the doubled civil penalty within forty (40) calendar days of the date of the citation. Any person cited for a class I, II, or III parking violation who fails to pay the required fine within thirty (30) calendar days, but who wishes to pay a civil penalty in lieu of a court appearance, may, after notification by the clerk pursuant to section 106-29, pay the doubled fine, plus five dollars ($5.00) for the cost of mailing such notice; however, if a person, after receiving notification from the clerk's office, signs a sworn statement indicating that the person did not receive or have prior knowledge of the citation, the person may pay the original fine and shall not be responsible for the double fine or mailing cost.

(c)

The person cited for a class IV parking violation may provide proof to the clerk of the circuit court that the person committing the violation has a valid parking permit or license plate issued pursuant to F.S. §§ 316.1958, 320.0842, 320.0843, 320.0845, or 320.0848 and a signed affidavit that the owner of the disabled parking permit was present at the time the violation occurred, and such parking permit or license plate was valid at the time the violation occurred. Upon provision of proof of such a valid parking permit or license plate and payment of a five-dollar dismissal fee to the clerk of the circuit court, the clerk shall dismiss the citation.

(d)

The clerk of the court shall supply the department of highway safety and motor vehicles 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 three (3) or more outstanding parking violations, and persons who have any outstanding violation of any ordinance that regulates parking in spaces designated for use by persons who have disabilities. Pursuant to F.S. § 320.03(8), a license plate or revalidation sticker may not be issued to persons on the list provided to the department until the person presents a receipt from the clerk showing that the fines outstanding have been paid.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 03-03, § 2, 1-14-03; Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-29. - Procedure for payment of civil penalties; court appearances.

(a)

Any person issued a county parking citation pursuant to this article shall answer the citation by either of the following procedures within thirty (30) calendar days after the date of issuance of the citation:

(1)

Payment of the penalty indicated on the citation may be remitted to the clerk of the circuit court in accordance with the directions on such citation; or

(2)

A hearing may be requested by the person receiving such citation or the cited vehicle's registered owner for the purpose of presenting evidence before a designated hearing official concerning the parking violation. Any person requesting a hearing shall execute a statement on a form provided by the clerk indicating his willingness to appear at such hearing at a time and place specified. Any person who requests a hearing and does not appear in accordance with the statement shall be sent notice by the clerk to pay within ten (10) days the doubled fine plus five dollars ($5.00) for the cost of mailing such notice.

(b)

Pursuant to F.S. § 316.1967(3), an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and the hearing official, after the hearing and upon making a determination that a parking violation has been committed, may impose a fine, plus court costs for each parking violation.

(c)

Upon receipt of a completed parking citation submitted by a deputy sheriff or parking enforcement specialist pursuant to this article and if there has been no response to the citation pursuant to subsection (a) of this section, the clerk shall notify the registered owner of the vehicle of the citation's issuance. Such notice shall be sent by certified mail and shall inform the registered owner concerning the nature and location of the parking violation and shall require payment of the prescribed fine or that a hearing is requested within ten days after receipt of such notice. If the notice is returned because the person to whom it was addressed refused to accept the notice, the notice is considered served. Any person upon which service is obtained pursuant to this section who does not request a hearing or pay the prescribed fine as directed by the certified notice shall be subject to the penalties for outstanding parking tickets described in 106-28(d), above.

(d)

Pursuant to F.S. § 316.1967, a designated hearing official, after the requested hearing, shall make a determination as to whether a parking violation has been committed and may impose a fine in accordance with section 106-28, plus court costs. A person fined, upon sufficient showing of financial inability to pay the fine, may request and be granted an extended period of up to ninety (90) days to pay the fine.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-30. - Disposition of fines and forfeitures for parking violations.

(a)

Except as otherwise provided in this section, all monies received by the clerk of circuit court for violations of this article shall be paid to the county, including those monies received as a result of citations issued by a deputy sheriff or parking enforcement specialist for violations occurring on properties owned or leased by the county, whether or not such properties are located within the boundaries of a municipality.

(b)

If payment is remitted to the clerk for a county parking citation after the mailing of notice to the registered owner by certified mail, pursuant to subsection 106-29(c), the clerk shall deduct, as costs, five dollars ($5.00) from the penalty imposed by such citation. If a hearing is held, court costs may be assessed in addition to the penalty imposed.

(c)

Allocation of deposited fines.

(1)

One-third (1/3) of the deposit of fines collected pursuant to subsection 106-28(a)(4) are to be deposited in a separate county sheriff's office account to be used to defray expenses for the administration and enforcement of the disabled parking sections.

(2)

Two-thirds (2/3) of the deposit of fines collected pursuant to subsection 106-28(a)(4) are to be deposited in a separate county account to be used to provide funds to improve accessibility and equal opportunity to qualified persons who have disabilities in the county and to provide funds to conduct public awareness programs in the county concerning persons who have disabilities. The monies deposited in this account will be disbursed by the board of county commissioners.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-31. - Removal or immobilization of vehicles.

The sheriff or any sheriff's deputy of this county is authorized to remove or cause to be removed to a place designated by the sheriff or deputy any vehicle parked in violation of any section of this article and is authorized and empowered to keep the vehicle in such place so designated until all fines and charges assessed for towing and storage against the owner and the vehicle have been paid or satisfactory bond arranged. In addition, the sheriff or any sheriff's deputy is authorized to immobilize, by use of a lockup device, any vehicle parked in violation of any section of this article until the prescribed fine is paid or a hearing is scheduled.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97)

Sec. 106-31.5. - Nonconsensual private towing service rates.

(a)

Authority. This section is enacted pursuant to the statutory power of the county to establish and enforce business regulations necessary for the protection of the public, and pursuant to F.S. §§ 125.0103(1)(c) and 715.07(2)(b).

(b)

Short title. This section shall be known as the nonconsensual private towing services ordinance of the county.

(c)

Purpose. The purpose of this section is to create a mechanism for the establishment of maximum permissible rates which may be charged for the towing, immobilization and storage of motor vehicles and vessels without the consent of the vehicle owner or custodian of the vehicle.

(d)

Definitions. For purposes of this section, the following definitions shall apply:

Board shall mean the Board of County Commissioners of Pasco County, Florida.

Custodian shall mean one lawfully authorized and entrusted to possess, guard, maintain, and/or operate the property of another.

Immobilize or immobilizing, also known as "boot" or "booting," shall mean the act of placing, on a parked vehicle or vessel, a mechanical device that is designed to be attached to the wheel or tire so as to prohibit its usual manner of movement.

Immobilization services shall include any person, company, corporation, or other entity, whether licensed or not, who engages in or owns or operates a business which engages, in whole or in part, in the immobilization or booting of vehicles or vessels for compensation.

Nonconsensual towing services shall mean the towing of vehicles or vessels from or immobilization of vehicles on private property; removal and storage of wrecked or disabled vehicles or vessels from an accident scene or for the removal and storage of vehicles or vessels, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle or vessel.

Owner shall mean that person who exercises dominion and control over a vehicle or vessel, other personal property, or real property, including, but not limited to, the legal titleholder, lessee, designated representative of a condominium association, or any other person authorized to share dominion and control of the property.

Person shall mean any natural person, or any association, corporation, firm, joint venture, partnership, or other entity.

Storage shall mean the safekeeping of a vehicle or vessel which has been towed under the authority of this section.

Towing shall mean taking possession of a vehicle or vessel and its contents, exercising control, supervision and responsibility over it, and changing its location by immobilizing, hauling, drawing, or pulling it by means of another vehicle or vessel, with or without booms, car carriers, winches, or similar equipment.

Vehicle shall mean an any mobile item which normally uses wheels, whether motorized or not.

Vessel shall mean every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a seaplane or a "documented vessess" as defined in F.S. § 327.02(9).

Wrecker means any truck or other vehicle which is used to tow, carry, or otherwise transport motor vehicles or vessels upon the streets and highways of this state and which is equipped for that purpose with a boom, winch, car carrier, or other similar equipment.

(e)

Requirements for immobilizing vehicles. The immobilization services shall not, without the prior express consent of the vehicle owner or custodian of the vehicle, immobilize a vehicle, unless the following requirements are satisfied:

(1)

The vehicle is unlawfully parked and notice shall be prominently posted on the property on which the vehicle immobilized.

(2)

The vehicle is not occupied by a living natural person or animal.

(3)

The persons providing the immobilization service shall comply with all sections of this section.

(4)

Immobilization shall be accomplished by placing a steel boot on the front wheel of the driver's side of the vehicle. The steel boot may be placed on any other wheel if placement on the front wheel on the driver's side is not feasible.

(5)

Immediately after a vehicle is booted, the person booting such vehicle, the owner of the property where such vehicle was booted, or an employee or agent of such person or owner, shall affix at the rearmost portion of the window adjacent to the driver's seat of such vehicle, a sticker with a completely removable adhesive, measuring 8½ by 11 inches, containing a warning that any attempt to move the vehicle may result in damage to the vehicle, and stating the name and business address of the person who booted such vehicle as well as a business telephone number which will facilitate the dispatch of personnel responsible for removing the boot.

(6)

Any person who had booted a vehicle shall release such vehicle as soon as practical, but not to exceed thirty (30) minutes of receiving a request for such vehicle's release; provided however that payment of any charge for booting is made at or prior to the time of such vehicle's release.

(f)

Maximum rates for nonconsensual towing services.

(1)

The board shall establish by resolution maximum rates for nonconsensual towing services. The maximum rates established shall be uniform throughout unincorporated areas of the county. From time to time, the rates established by the board may be by resolution altered, revised, increased, or decreased.

(2)

Persons who engage in nonconsensual towing services as described in and governed by this section shall not charge in excess of the maximum allowable rates established by the board, nor shall they charge any type of fees other than those for which the board has established maximum rates.

(3)

Persons providing towing services on a rotation basis for third parties (such as law enforcement agencies) may be required by that third party to charge less than the maximum rates, or may be prohibited from charging for some of the types of services otherwise permitted by the county's maximum fee schedule. The county's rate schedule is not intended to serve as a minimum rate guarantee. A person providing towing services pursuant to a rotation schedule by a public service entity (such as a law enforcement agency) shall not charge in excess of the rates established by that entity, nor shall they charge any type of fees other than those for which the entity has established rates.

(g)

Signs and other notification to vehicle and vessel owners.

(1)

Subject to the exception contained in F.S. § 715.07(2)(a)5, any person who shall provide nonconsensual towing services with respect to the removal or immobilization of any vehicle located on real property shall meet the requirements set forth in F.S. § 715.07(2)(a)(5), and in addition must meet the following requirements:

a.

Notice on real property.

1.

The owner or custodian of the real property must post notice that maximum rates for all non-consensual towing services have been fixed by ordinance.

2.

The notice must be prominently displayed at each, driveway access or curb cut allowing vehicular access to the property, within five feet of the public right-of-way line. If there are no curbs or access barriers, not less than one (1) sign must be posted for each twenty-five (25) feet of lot frontage.

3.

The notice must indicate clearly, in light-reflective letters, not less than one (1) inch high, on a contrasting background, the following: "Maximum Rates set by County Ord."

4.

The notice must also provide the name and current telephone number of all persons authorized by the owner of the real property to perform nonconsensual towing services with respect to said real property.

5.

The sign structure containing the required notices must be installed as a permanent fixture on the property, with the notices appearing not less than three feet and not more than six (6) feet above ground level, and must be installed prior to the entry on the real property of any vehicle to be immobilized or towed. The signs shall be posted on the right side of the entry (i.e., on the passenger side of a vehicle approaching the entrance), within five (5) feet of the entrance to the property.

6.

The owner or custodian of real property may authorize the towing of a vehicle or vessel in the absence of any notice otherwise required to be posted on said real property if the vehicle or vessel is parked in such a manner as to obstruct any driveway or similar entrance or exit for the real property.

b.

Notice from persons providing nonconsensual towing services.

1.

Prior to imposing any charge involving the impounding, towing, immobilization or storage of a vehicle or vessel, persons performing nonconsensual towing services must provide to the owner or custodian of the vehicle a legible copy of this section and of the most recent resolution of the county board of county commissioners establishing maximum rates for nonconsensual towing services; and

2.

Persons engaged in or advertising the business of performing nonsensual towing services must post at the storage site in a conspicuous location a legible copy of this section and of the most recent resolution of the county board of county commissioners establishing maximum rates for nonconsensual towing services. The ordinance and resolution must be posted in a manner such that the owner or custodian of the vehicle can readily examine the ordinance and resolution in their entirety prior to paying any charges.

(h)

Persons required to give written permission for towing services. The owner or lessee of real property, or any person authorized by the owner or lessee, which person may be the designated representative of the condominium association if the real property is a condominium, may give written permission to cause any vehicle or vessel parked on such property without his or her permission to be removed by a person regularly engaged in the business of towing vehicles or vessels. Law enforcement and emergency services personnel may give written permission for nonconsensual towing services when required for a public purpose. No person may cause any vehicle or vessel to be removed without such prior written permission as described in this section.

(i)

Storage location. Any towed or removed vehicle or vessel must be stored at a site within a 15-mile radius of the point of removal. That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times. Upon receipt of a telephoned request to open the site to redeem a vehicle or vessel, the operator shall return to the site within one (1) hour or she or he will be in violation of this section. If no towing business providing such service has a storage facility located within a 15-mile radius of the point of removal, any towed or removed vehicle or vessel must be stored at a site within a 30-mile radius of the point of removal.

(j)

Notification to the county sheriff's department of towed vehicles. The person or firm towing or removing the vehicle or vessel shall, within thirty (30) minutes after completion of such towing or removal, notify the sheriff of such towing or removal, the storage site, the time the vehicle or vessel was towed or removed, and the make, model, color, and license plate number of the vehicle or description and registration number of the vessel and shall obtain the name of the person at that department to whom such information was reported and note that name on the trip record.

(k)

Requirement to stop tow upon request. A person in the process of towing or removing a vehicle or vessel from the premises or parking lot in which the vehicle or vessel is not lawfully parked must stop when a person seeks the return of the vehicle or vessel. The vehicle or vessel must be returned upon the payment of a reasonable service fee of not more than one-half of the posted rate for the towing or removal service as provided in the resolution adopting maximum rates. The vehicle or vessel may be towed or removed if, after a reasonable opportunity, the owner or legally authorized person in control of the vehicle or vessel is unable to pay the service fee. If the vehicle or vessel is redeemed, a detailed signed receipt must be given to the person redeeming the vehicle or vessel.

(l)

Paying, accepting, or soliciting consideration for the right to tow. A person may not pay or accept money or other valuable consideration for the privilege of towing or removing vehicles or vessels from a particular location.

(m)

Providing rate schedules and contracts to the sheriff. Any person or firm that tows or removes vehicles or vessels and proposes to require an owner, operator, or person in control of a vehicle or vessel to pay the costs of towing and storage prior to redemption of the vehicle or vessel must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services and post at the storage site an identical rate schedule and any written contracts with property owners, lessees, or persons in control of property which authorize such person or firm to remove vehicles or vessels as provided in this section.

(n)

Identification of vehicles. Any person or firm towing or removing any vehicles or vessels from private property without the consent of the owner or other legally authorized person in control of the vehicles or vessels shall, on any trucks, wreckers, or other vehicles used in the towing or removal, have the name, address, and telephone number of the company performing such service clearly printed in contrasting colors on the driver and passenger sides of the vehicle. The name shall be in at least three-inch permanently affixed letters, and the address and telephone number shall be in at least one-inch permanently affixed letters.

(o)

Release of vehicles. When a vehicle or vessel has been towed or removed pursuant to this section, it must be released to its owner or custodian within one hour after requested. No person shall inhibit or impede a vehicle or vessel owner or agent from inspecting the vehicle or vessel before accepting its return, and no release or waiver of any kind which would release the person or firm towing the vehicle or vessel from liability for damages noted by the owner or other legally authorized person at the time of the redemption may be required from any vehicle or vessel owner, custodian, or agent as a condition of release of the vehicle or vessel to its owner. A detailed, signed receipt showing the legal name of the company or person towing or removing the vehicle or vessel must be given to the person paying towing or storage charges at the time of payment, whether requested or not. If an administrative fee is charged for the preparation, filing, or mailing of any required forms, the person paying the owing or storage charges shall be given a copy of the forms for which a charge was imposed.

(p)

Exemptions. The requirements of this section do not apply to law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles or vessels that are marked as such or to property owned by any governmental entity. The county administrator or his designee is expressly authorized to establish locations or spaces on county property where parking of vehicles or vessels is prohibited or restricted for certain designated persons or purposes, and to remove or have removed vehicles or vessels parked in violation. Such vehicles may be towed without the owners' consent by a private towing company, and such owners may be charged in accordance with the resolution setting maximum rates for nonconsensual private towing.

(q)

Enforcement and penalties for violations.

(1)

All law enforcement officials are hereby authorized to assist in the enforcement of this section to the extent that it is within their respective jurisdictions to do so.

(2)

Should any person violate or fail to comply with any provision of this section, the state attorney or the office of the county attorney may make application to the circuit court for the Sixth Judicial Circuit of Florida for an order to enjoin such violation or failure of compliance, which order may be granted without the necessity of posting a bond.

(3)

It shall be unlawful for any person or entity to violate or fail to comply with any provision of this section, any such violation shall be punishable by a fine not exceeding five hundred dollars ($500.00) per violation or imprisonment for a term not to exceed six (6) months or both. Each day that any of the towing or storage rate provisions of this section are violated shall constitute a separate offense hereunder. Each unauthorized charge and/or overcharge shall constitute a separate offense.

(4)

When a person, in violation of this section, improperly causes a vehicle to be removed, such person shall be liable to the owner or custodian of the vehicle for any cost of removal, transportation, and storage; any damage resulting from the removal, transportation, or storage of the vehicle, attorney's fees and court costs.

(5)

The penalties described in this section shall be in addition to the abatement of the violating condition, any other equitable relief, or revocation of any permit or license by any governmental entity.

(Ord. No. 00-19, §§ 1—7, 11-21-00; Ord. No. 07-05, § 2, 3-27-05)

Sec. 106-32. - Class I parking violation.

(a)

It shall be unlawful for any person to stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control device, in any of the following places:

(1)

On a sidewalk;

(2)

In front of a public or private driveway without the owner's consent;

(3)

Within twenty (20) feet of a crosswalk at an intersection;

(4)

Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic;

(5)

Upon any pavement of any street where parking has been prohibited on such streets by the board of county commissioners as evidenced by a no parking sign placed along such street or placed at the entrance to a subdivision, except where permitted or exempted as set forth in this section;

(6)

In any parking space for a period longer than that authorized by an official traffic control sign or in a metered parking space longer than allowed (overtime parking); or

(7)

At any other place not specifically designated in this article where official signs prohibit stopping, standing or parking, including those locations on county-owned property and in county parks where parking is prohibited or is reserved for certain classes of persons or certain types of vehicles.

(8)

Any violation of the parking regulations located in division 2 of chapter 70 of the County Code (parks and recreation). Such violations include parking in restricted areas of county parks; parking outside of established parking areas in county parks; parking at times other than established times in county parks; full parking on roadways; parking on the rights side of park roadways for longer than necessary to complete repairs or observe natural or scenic features; parking on the left side of park roadways; noncompliance with the markings in established parking areas; noncompliance with instructions of park personnel; parking in a no parking or restricted use zone, except briefly for less than five (5) minutes for the expedition loading or for less than ten (10) minutes for the unloading of passengers or freight.

(9)

In any parking space designated as part of a pay station zone or having a parking meter without the payment of the established parking fee.

(b)

Any person stopping, standing or parking a vehicle in violation of this section shall be cited for a class I parking offense and fined pursuant to the fine schedule specifically set out in section 106-28

(c)

Any individual, group or organization holding an event which necessitates street parking may petition the county through its county administrator for a permit to allow street parking for a specified number of automobiles and a specified amount of time. The permit shall not be for more than four days in any one calendar year, and the street parking permit shall not be granted for the purpose of providing parking for a nonpermitted use in a residential district. It shall be the responsibility of the county administrator or his designee to review each petition for compliance with traffic safety standards and traffic circulation control with the sheriff's office, as well as for compliance with all county ordinances. The board of county commissioners may establish a permit fee by resolution.

(d)

Commercial vehicles, marked in accordance with this chapter, which are parked in a no-street-parking subdivision for the purpose of servicing the adjacent property are exempt from subsection (a)(5) of this section.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07; Ord. No. 11-02, § 1, 2-22-11)

Sec. 106-33. - Class II parking violation.

(a)

It shall be unlawful for any person to stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control device, in any of the following places:

(1)

Within an intersection;

(2)

On a crosswalk;

(3)

Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a street;

(4)

So that any part of the vehicle shall come within ten (10) feet of the nearest rail of a railroad crossing;

(5)

On the street side of any vehicle stopped or parked at the edge of a curb or a street, which is commonly known as "double parking"; or

(6)

Upon any bridge.

(b)

Any person found stopping, standing or parking a vehicle in violation of this section shall be cited for a class II parking violation and fined in accordance with the fine schedule specifically set out in section 106-28

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-34. - Class III parking violation.

(a)

It shall be unlawful for any person to stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or a traffic control device, in any of the following places:

(1)

Within any fire lane identified by a sign as a fire or safety lane, whether such is on public property or on private property, where the public has a right to travel.

(2)

Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance of any fire station within seventy (70) feet of such entrance.

(3)

Within ten (10) feet of a fire hydrant.

(b)

Any person found stopping, standing or parking a vehicle in violation of this section shall be cited for a class III parking violation and fined in accordance with the fine schedule specifically set out in section 106-28

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-35. - Class IV parking violation.

It shall be unlawful for any person to violate sections 106-36, 106-37, or 106-38. Any violations of sections 106-36, 106-37, or 106-38 shall be cited for a class IV parking violation and fined in accordance with the fine schedule specifically set out in section 106-28.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

State law reference— Handicapped parking, F.S. § 316.1955 et seq.

Sec. 106-36. - Designated parking spaces for disabled persons—Specifications.

(a)

Each disabled parking space must be prominently outlined with blue paint and must be repainted when necessary to be clearly distinguishable as a parking space designated for persons who have disabilities and must be posted with a permanent above-grade sign of a color and design approved by the state department of transportation, bearing the international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT ONLY." The sign must be no less than seven feet from the bottom of the sign to the pavement.

(b)

Parking access aisles shall be no less than five feet wide and must be properly outlined and diagonally striped with white paint.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-37. - Same—Parking violations.

(a)

It is unlawful for any person to stop, stand, or park a vehicle within any such specially designated and marked parking space provided in accordance with this section, unless the vehicle conspicuously displays a disabled parking permit issued under F.S. § 316.1958 or F.S. § 320.0848, or a license plate issued under F.S. § 320.084, F.S. § 320.0842, F.S. § 320.0843, or F.S. § 320.0845, and the vehicle is transporting the person to whom the displayed permit is issued. "Conspicuously displayed" means that if the vehicle has a rearview mirror, the permit shall be hung from the mirror. Otherwise, the permit must be displayed in such a manner that the permit is readily visible to a person standing in front of or behind the vehicle. The violation may not be dismissed for failure of the markings on the parking space to comply with this section if the space is in general compliance and is clearly distinguishable as a designated space.

(b)

Any driver parked within parking access aisles with or without a valid disabled permit shall be penalized for illegal parking in a disabled parking space.

(c)

Whenever a law enforcement officer or parking enforcement specialist finds a vehicle in violation of this subsection, that officer, owner, or lessor may have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever any vehicle is removed under this section to a storage lot, garage, or other safe parking space, the cost of the removal and parking constitutes a lien against the vehicle.

(d)

The officer or parking enforcement specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in section 106-28(a)(4).

(e)

A law enforcement officer or a parking enforcement specialist has the right to demand to be shown the person's disabled parking permit and driver's license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be issued a citation for a violation of this section.

(f)

A law enforcement officer, parking enforcement officer, or the court may confiscate the disabled parking permit from any person who is in unauthorized possession of the disabled parking permit and uses the disabled parking permit. "Unauthorized possession" shall mean the person who displays a disabled parking permit that is registered to another person who is not in the vehicle at the time the deputy or specialist makes contact with the person displaying the disabled parking permit or with the person displaying the disabled parking permit on the trip to the parking space.

(g)

Any person who is chauffeuring a person who has a disability is allowed, without need for a disabled parking permit or a special license plate, to park temporarily in any such parking space for the purpose of loading or unloading the person who has a disability. A penalty may not be imposed upon the driver for such temporary parking.

(h)

A vehicle that is transporting a person who has a disability and that has been granted a permit under F.S. § 320.0848(1)(d) may be parked for a maximum of thirty (30) minutes in any parking space reserved for persons who have disabilities.

(i)

When evidence is presented in any court of the fact that any motor vehicle was parked in a properly designated parking space for persons who have disabilities in violation of F.S. § 316.1955, it is prima facie evidence that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the division of motor vehicles.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-38. - Display of disabled parking permits on out-of-state vehicles.

Motor vehicles displaying a special license plate or parking permit issued to a person who has a disability by any other state or district subject to the laws of the United States or by a foreign country that issues disabled parking permits that display the international symbol of accessibility are recognized as displaying a valid license plate or permit that allows such a vehicle special parking privileges under F.S. § 316.1955 if the other state or district grants reciprocal recognition for residents of this state who have disabilities; however, when an individual is required by law to have a Florida driver's license, a special motor vehicle license plate or parking permit issued by another state, district, or country to persons who have disabilities is not valid and the individual whose vehicle displays such an invalid plate or permit is subject to the same penalty as an individual whose vehicle does not display a valid plate or permit.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-39. - Responsibility of vehicle owner for payment of parking violations.

(a)

The owner of a vehicle is responsible and liable for payment of any parking ticket violation unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, in the care, custody or control of another person. In such instances, the owner of the vehicle is required, within fifty-five (55) days after issuance of the parking ticket violation, to furnish to the clerk of circuit court an affidavit setting forth the name, address and driver's license number of the person who leased, rented or otherwise had the care, custody or control of the vehicle. The affidavit submitted under this subsection is admissible in a proceeding charging a parking ticket violation and raises the rebuttable presumption that the person identified in the affidavit is responsible for payment of the parking ticket violation. The owner of a vehicle is not responsible for a parking ticket violation if the vehicle involved was, at the time, stolen or in the care, custody or control of some person who did not have permission of the owner to use the vehicle.

(Ord. No. 97-02, § 1, 1-14-97; Ord. No. 97-14, § 1, 9-9-97; Ord. No. 07-11, § 1, 5-22-07)

State law reference— Similar provisions, F.S. § 316.1967(1).

Sec. 106-40. - Rights to tow not affected.

The provisions of this article concerning the issuance of citations for parking violations are not intended to supplant or limit the right of a property owner, including the county for county-owned property and for county parks, to enforce parking regulations or policies by towing.

(Ord. No. 07-11, § 1, 5-22-07)

Sec. 106-41. - Definitions.

For the purpose of this article, the following terms, phrases, words and their derivatives shall have the following meanings:

Park or parking means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in unloading passengers or personal property.

Parking meter shall mean any mechanical or electronic device to be used for the purpose of regulating or controlling parking, which is actuated by the insertion of coins, bills, tokens or key card, and the operation of a lever or cranking device for a mechanical meter, or automatic timing display or reading of an electronic device.

Parking pay station shall mean any manual or electronic collection device to be used for the purpose of regulating or controlling parking, which is conveniently located to serve multiple parking spaces, with appropriate signage notifying the vehicle operator which parking spaces are served by the parking pay station, or which provides a receipt or otherwise confirms legal parking upon the deposit of authorized legal tender therein for the period of time conforming to such parking limit as may be established as provided herein.

Vehicle shall mean any device in, upon or by which any person or property is or may be transported upon a street, except devices moved by human power or operated on rails or tracks.

(Ord. No. 11-02, § 1, 2-22-11)

Sec. 106-42. - Establishment of areas; time limits; installation and operation of parking meters and parking pay stations.

(a)

In accordance with the provisions of this article, the county administrator is authorized to:

(1)

Establish areas, both on-street and off-street, where fees must be paid for parking and to designate the manner in which the fees are to be collected, including designating fees for annual parking permits.

(2)

Designate time limits for parking at meter or pay station zones within the county for that part of the street or parking area upon which, or for which, such meter or pay station is placed and to designate the fee which may be deposited therein for the purpose of obtaining legal parking for such period of time so designated.

(3)

Establish no parking zones, and provide for signage notifying vehicle operators of the no parking zone areas.

(b)

Parking meters or parking pay stations shall be installed in appropriate locations relative to each fee parking space established as provided in this article. The county administrator shall provide for the regulation, control, operation and use of the parking meters and parking pay stations and shall cause such meters or pay stations to be maintained in good workable condition.

(Ord. No. 11-02, § 1, 2-22-11)

Sec. 106-43. - Use of meters or pay stations; overtime parking.

(a)

When any vehicle shall be parked in any parking space in an established parking meter or parking pay station zone, the owner, operator, manager or driver of such vehicle shall upon entering the parking space immediately deposit the proper parking fees in the parking meter or parking pay station for the parking space, and the parking space may then be used by such vehicle during the parking time limit provided for the area in which such parking space is located. Pay station zones are designated as "all day" spaces unless a lesser time is designated by appropriate signage.

(b)

If any vehicle shall remain parked in any parking space beyond the parking time limit designated for such parking space, and the parking meter or parking pay station establishes illegal parking, such vehicle shall be considered as parked overtime.

(c)

It shall be unlawful for any person to permit a vehicle to park overtime by remaining or being placed in any parking space for which a parking meter or parking pay station is placed while such meter or pay station shows that such vehicle has already parked beyond the period of time allotted for the parking fee required to be deposited in the parking meter or parking pay station.

(Ord. No. 11-02, § 1, 2-22-11)

Sec. 106-44. - Defacing or tampering with meters or pay stations.

It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter or parking pay station installed pursuant to the terms of this article.

(Ord. No. 11-02, § 1, 2-22-11)

Sec. 106-45. - Continuing violations; separate offenses.

The continuing violation of any of the provisions of this article shall constitute a separate offense for each time period that the violation occurs. It shall not be necessary to observe the violation continuously for each time period, but citations shall be issued not less than one hour apart. However, not more than four citations shall be issued for the same violation by the same vehicle at the same location in any 24-hour period.

(Ord. No. 11-02, § 1, 2-22-11)

Sec. 106-46. - Enforcement; issuance of parking ticket.

(a)

In addition to any other means of enforcement provided in this Code, the sheriff or parking enforcement specialist is hereby authorized to issue traffic court parking tickets for violations of the provisions herein.

(b)

The enforcement officer finding the vehicle parked, stopped or standing in violation of this article shall take its registration 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 ticket in writing on a form provided therefore, for the registered owner to pay the fine listed thereon within 15 days or to answer the charge against him/her by contacting the traffic division within the time period and at the place specified on the parking ticket.

(Ord. No. 11-02, § 1, 2-22-11)

Secs. 106-47—106-50. - Reserved.