Sec. 130-46. - Penalty for violations.

(a)

Pursuant to F.S. § 318.14, any person cited for a violation of sections 30-166 and 30-167 of this article shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty according to the following schedule:

(1)

Handicapped parking: $250.00 for each uncontested violation of section 30-166 of this article or, as determined by the judge, up to $250.00 for a contested violation of section 30-167 of this article. Pursuant to subsection 318.18(6), Florida Statutes, the clerk of courts shall dismiss the handicapped parking citation if the following items of proof are presented to the clerk; (a) proof that the person committing the violation had a valid handicapped parking permit or handicapped license plate for the cited vehicle on the issuance date of the citation, (b) a signed affidavit in accord with subsection 318.18(6), Florida Statutes, and (c) a $5.00 dismissal fee.

The fines collected for violating section 130-67 shall be used in the following manner:

a.

One-third to be used to defray expenses for administration.

b.

Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons.

(2)

Thirty dollars ($30.00) for a violation of any provision of section 130-66 of this article. Fines and late payment penalty for violations of section 130-66 are to be distributed as follows:

a.

County parking fines .....$10.00

b.

County clerk of courts .....5.00

c.

County parks department .....15.00

d.

County clerk of courts, late payment penalty .....5.00

(b)

Each day any violation occurs or continues shall be a separate offense. For parking in excess of the time authorized in a public parking space, each succeeding equal time period beyond that authorized as the maximum time period for said parking place shall constitute a separate offense.

(c)

The amount of any penalty specified in this section shall be increased by $5.00 if payment is not received by the clerk prior to notice being mailed to the registered owner pursuant to subsection 130-48(c).

(Ord. No. 80-47, § 7; Ord. No. 80-82, § 1; Ord. No. 91-23, § 4; Ord. No. 91-74, § 2; Ord. No. 97-50, § 2, 10-14-97)

Sec. 130-47. - Issuance of county parking citations.

(a)

When any law enforcement officer or parking enforcement specialist employed by the sheriff finds a vehicle in violation of the provisions of this article or signs erected pursuant to the provisions of this article, he shall issue a parking citation to the vehicle by placing said 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)

The procedures to be followed in either paying said penalty or electing not to pay such penalty and requesting a hearing before a county judge concerning the parking violation.

(3)

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

(b)

The law enforcement officer 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 clerk when completed for processing pursuant to section 130-49

(Ord. No. 80-47, § 8)

Sec. 130-48. - Payment of civil penalties and proceedings to enforce payment for violations.

(a)

Any person issued a county parking citation, pursuant to section 130-47, shall answer the citation by either of the following procedures within ten days after the date of issuance of the citation.

(1)

Payment of the penalty indicated on the citation may be remitted to the clerk, pursuant to 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 county judge concerning a parking violation. Any person requesting a hearing shall execute a statement on a form prepared by the county attorney indicating his willingness to appear at such hearing at a time and place specified thereon. Any person who requests a hearing and does not appear in accordance with said 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 article.

(b)

Pursuant to the provisions of F.S. § 316.1967, an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge after said hearing may impose a fine not to exceed $100.00, plus court costs for each parking violation. However, an election to request a hearing pertaining to a handicap parking violation constitutes a waiver of the right to pay the penalty indicated on the parking citation, and a county judge after said hearing may impose a $250.00 fine, plus court costs per violation.

(c)

Upon receipt of a completed parking citation submitted by a law enforcement officer, pursuant to section 130-47, the 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 (a) of this section. Such notice shall be sent by regular mail and shall inform said registered owner concerning the nature and location of the parking violation and shall require payment of the fine or attendance at a hearing at a time and place specified in such notice. Pursuant to the provisions of F.S. § 316.1967, a county judge after said hearing should make a determination as to whether a parking violation has been committed and may impose a fine not to exceed $100.00, plus court costs, except for handicap parking violations, for which a fine of up to $250.00 may be imposed, plus costs. Any person upon which service is obtained, pursuant to this section, who does not appear at a hearing as directed by the notice shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with said notice.

(Ord. No. 80-47, § 9; Ord. No. 91-23, § 5; Ord. No. 92-32, § 1; Ord. No. 97-50, § 3, 10-14-97)

Sec. 130-49. - Payment of civil penalties and proceedings to enforce payment for municipal parking citations.

(a)

The clerk shall process parking violations issued by a law enforcement officer within the boundaries of a chartered municipality in accordance with the procedures contained in section 130-48 only after the municipality has adopted an ordinance, pursuant to the provisions of F.S. ch. 316, governing the regulation and enforcement of parking within the boundaries of such municipality, which provides that:

(1)

The violations of such regulations are noncriminal violations enforceable pursuant to the provisions of F.S. § 316.1967, as implemented by subsections 130-48(b) and (c).

(2)

The issuance and completion of prenumbered parking violations by a law enforcement officer be on forms and are in such format as required and approved by the clerk and contain the following information:

a.

Date, time and location of violation.

b.

Vehicle tag number, decal number, model and color.

c.

Name and address of registered owner.

d.

Owner's date of birth.

e.

Name and signature of issuing law enforcement officer.

f.

Descriptions of violations and amounts of penalties.

g.

Directions as to payment of penalty or request for hearing.

h.

Statement as to effect of election to request hearing and failure to comply with citation pursuant to F.S. § 316.1967.

i.

Blanks for name and mailing address of person receiving citation.

(b)

The clerk shall process parking violations submitted by a municipality which has complied with the requests of subsection (a) of this section upon receipt of such citations. The clerk shall process said violations in accordance with the procedures contained in section 130-48. This procedure will remain uniform for citations processed for municipal as well as county parking violations.

(Ord. No. 80-47, § 10; Ord. No. 91-23, § 6)

Sec. 130-50. - Owner's liability for 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 a reasonable time after notification of the parking violation, to furnish to the appropriate law enforcement authorities the name and address of the person or company who leased, rented or otherwise had the care, custody or control of the vehicle. The owner of a vehicle is not responsible for parking ticket violations if the vehicle 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.

(b)

At any hearing of the case involving illegal parking in which the owner of said vehicle is being tried under this article, it shall be sufficient evidence upon which the court may rely to establish the name of the registered owner of such vehicle if a law enforcement officer shall state under oath that he has made inquiry of the department of highway safety and motor vehicles or office of the county tax collector and has been advised by them of the identity of such registered owner. Otherwise, the court may defer the final determination of such case until a certified record or appropriate certificate can be obtained from the office of the department of highway safety and motor vehicles or the county tax collector's office indicating the registered owner of the vehicle on the date in question.

(Ord. No. 80-47, § 11)

State law reference— Liability for parking violations, F.S. § 316.1967(1).

Sec. 130-51. - Disposition of fines and forfeitures for parking violations; authorized costs.

(a)

Except as otherwise provided in this section, all moneys received by the clerk of the county court for violations of this article shall be paid to the county, including those moneys received as the result of citations issued by a law enforcement officer 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)

Except as otherwise provided in this section, all moneys received by the clerk of the county court as a result of parking citation issued by a municipality shall be paid to that municipality.

(c)

In those instances where payment is remitted to the clerk for municipal parking citations prior to the mailing of notice to the registered owner by certified mail requested pursuant to section 130-48, the clerk shall deduct as costs $2.00 from the penalty imposed by such citation. In those instances where payment is not remitted to the clerk for a municipal parking citation prior to notice being mailed to the registered owner by certified mail pursuant to section 130-48, the clerk shall deduct as costs $5.00 from the penalty imposed. In those instances where a hearing is held, court costs may be assessed in addition to the penalty imposed.

(Ord. No. 80-47, § 12)

Sec. 130-52. - Parking fee schedule.

The board of county commissioners may adopt by resolution a fee schedule for parking in county-owned/leased parking facilities. County Resolution No. 90-488 is hereby ratified and is effective until superseded or repealed. Failure to comply with said fee schedule shall be considered a violation of restricted parking as outlined in subsection 130-66(2).

(Ord. No. 80-47, § 13; Ord. No. 91-23, § 7)

Sec. 130-53. - Outstanding parking violations.

(a)

The clerk of the court shall supply the department with a magnetically encoded computer tape, reel or cartridge which is machine readable by the installed computer system at the department, listing persons who have any outstanding violations of section 130-67

(b)

Pursuant to F.S. § 320.03(8), no license plate or revalidation sticker shall be issued until such person's name no longer appears on the list provided under subsection (a) of this section or until he presents a receipt from the clerk showing that such parking fines have been paid.

(c)

The clerk of the court and the tax collector shall each be entitled to receive monthly, as costs for implementing and administering this section, ten percent of the civil penalties and fines recovered from such persons.

(Ord. No. 80-47, § 14; Ord. No. 91-23, § 8)

Sec. 130-54. - Motor vehicle liens; towing.

The provisions of this article shall be supplementary to and shall not in any way preclude the county or a municipality from utilizing the procedures specified in F.S. chs. 713 and 715, governing the towing, storage and liens for the removal and storage of motor vehicles when such vehicles are parked on real property without the property owner's consent.

(Ord. No. 80-47, § 15; Ord. No. 91-23, § 9)

Sec. 130-55. - Beach parking, collection of fees.

(a)

The board of county commissioners does hereby find that the collection of parking fees at the county beach parking facilities is required to offset the increased costs of operating and maintaining for parking facilities. It is therefore the purpose of this section to provide for the collection of parking fees at all of the county beach parking facilities.

(b)

This section shall apply to and be enforced in all county-provided parking facilities at Clam Pass Park, Tigertail Beach and Vanderbilt Beach.

(c)

The board of county commissioners shall establish by resolution a fee schedule for parking facilities and parking services for all users of the county provided parking facilities at Clam Pass Park, Tigertail Beach and Vanderbilt Beach. Collier County Resolution No. 88-246, adopted by the Board of County Commissioners on September 27, 1988, is hereby ratified.

(Ord. No. 89-17, §§ 1—3)

Secs. 130-56—130-65. - Reserved.