HomeMy WebLinkAbout1992-427/31/92(lagal)d... (TPO/sb)
ORDINANCE 92-__4.2
"N
—ORDINANCE—OF THE BOARD --OF CONT -Y
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA ADDING A NEW CHAPTER 307,
TRAFFIC; PROVIDING FOR THE REGULATION OF
HANDICAPPED, FIRE LANE PARKING AND OTHER
RELATED PARKING RESTRICTIONS; PROVIDING
FOR PARKING ENFORCEMENT SPECIALISTS AND
PROVIDING FOR THE EDITORIAL TRANSFER OF
SECTIONS 306.06, 306.07 AND 306.07.1 TO
CHAPTER 307 OF THE—CODE OF INDIAN RIVER
COUNTY.
WHEREAS, the Board of County Commissioners of Indian
River County, pursuant to Section 125.01, 316.006, and 316.008,
Florida Statutes, retains jurisdiction over the public streets,
highways, roadways, and parking areas in the unincorporated area
and parking areas located on property owned or leased by Indian
River County whether or not such areas are located within the
boundaries of chartered municipalities; and
WHEREAS, the enforcement of handicapped parking, fire
lane parking on properties owned or leased by county, and parking
on road right-of-ways owned or leased by state, is difficult due to the
1 ct-that- under- existinl,--Florida-Statut-es-, a lain-enforeement-offieer
is required to physically contact and issue a citation to the offending
party, and
WHEREAS, this procedure is time consuming, does not
utilize manpower efficiently, and takes officers away from responding
to more serious matters, and
WHEREAS, this ordinance would allow enforcement by
deputies and parking enforcement specialists to be effective and is in
the best interest of the health, safety and public welfare of the
citizens of Indian River County, Florida; and
y
WHEREAS, Section 316.640(2)(b), Florida Statutes,
authorizes the Sheriff's Office to employ as a Parking Enforcement
Specialist any `individual who successfully completes a training
program established and approved by the Criminal Justice Standards
and Training Commission for parking enforcement specialists; and
WHEREAS, a parking enforcement specialist is authorized to
enforce all state and county laws, ordinances, regulations, and
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ORDINANCE 92-__j2
official signs governing parking within the unincorporated areas of
.the county by appropriate state or county citation and may issue
such citations for parking in violation of signs erected pursuant to
erection 31"06j3y—at parkin areas located on property awned or
leased by the County, whether or not such areas are within the
boundaries of a chartered municipality; and
WHEREAS; Section 316.1967, Florida Statutes, requires
counties to provide the Department of Highway Safety and Motor
Vehicles with a list of persons who have violated handicapped parking
laws or ordinances:
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
that:
SECTION 1. NEW CHAPTER.
A new Chapter 307, Traffic, as set forth in attachment "A"
to this ordinance is hereby adopted
SECTION 2. EDITORIAL TRANSFER.
Section 306.06, 306.07 and 306.07.1 are hereby editorially
transferred as follows:
Section 306.06 to 307.10
Seetian-306--07 to 307.-11
Section 306.07.1 to 307.07
SECTION 3. SEVERABILITY.
If any section, sentence, paragraph, phrase, or word of
this ordinance is for any reason held to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining
portions of this ordinance, and it shall be construed to have been the
legislative intent to pass the ordinance without such unconstitutional,
invalid, or inoperative part.
SECTION 4 EFFECTIVE DATE.
This ordinance shall become effective on becoming law.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this g day of
1- m b e r
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ORDINANCE 92---4.2
's -ordinance was advertised Press— Journal
Ion_ the 1L Baty of 2 oy e m b e r 1992, or a public hearing to b
held on the 8 day of per.emher , 1992, at which time it was
moved for adoption by Commissioner Macht and the motion
was seconded by Commissioner Adams , and, adopted by the
vote:
Chairman Carolyn K. Eggert
Aye
Vice Chairman Richard N. Bird
Aye
Commissioner Fran B. Adams
Ave
Commissioner Kenneth R. Macht
Aye
Commissioner John W. Tippin
Ave
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER 1`iIGVII3V 1 1 , i' 1]OIcl"D
F.�
ByI y
Attest by
Clerk
Acknowledgment by the Department of State of the `State of Florida; `
this 14th day of December , 1992.
Effective date: Acknowledgment for the Department;of"State received
on thi—s8f i-8ay of—ecember , 1992, at x:00 a:m: fojai. and filed
in the Office of the Clerk of the. Board .of County Commissioners of
indiari River County, Florida.
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7/31/92 ( legal) chapt307 . doc ( TPC) / sb )
ATTACHMENT "A"
CHAPTER 307, TRAFFIC.
Part I. Stopping, Standing and Parking
Sectio- ii 307-.-01. -Definitions
(1) Designated Handicapped Parking Space: Any public parking
space posted with the sign bearing the internationally
accepted wheelchair symbol and the caption "PARKING BY
DISABLED PERMIT ONLY" and otherwise marked in
accordance with Florida law.
(2) Handicapped Person: Any person who is disabled under the
criteria of Section 320.0848 of the Florida Statutes ' and who
has been issued an exemption parking permit pursuant to
Sections -116-.1958 and 320.G848, -Florida -Statutes-or a license
plate pursuant to Sections 320.084, 320.0842, 320.0843 or
320.0845, Florida Statutes.
(3) Owner: A person who holds the legal title of a vehicle. In
the event a vehicle is the -subject of an agreement for the
conditional sale or lease thereof with the right of purchase
upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the
conditional vendee or lessee, or in the event a mortgagor of
the vehicle is entitled to possession, then such conditional
vendee, or lessee, or mortgagor shall be deemed the owner,
for purpose of this ordinance.
(4) Park or Parking: The standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose
of and—while actually engngedin loading or unloading
merchandise or passengers as may be permitted by law under
this Ordinance.
(5) Parking Enforcement Specialist: A person appointed by the
heriff to enforceparking regulations who -has -successfully
completed a training program established and approved by the
Police Standards and Training Commission for parking
enforcement specialists, but who does not otherwise meet the
uniform minimum standards established by the Police
Standards and Training Commission for police officers or
auxiliary or part-time officers under Section 943.12, Florida
Statutes.
(6) Parking Ticket: Official form used by the sheriff to notify
the owner of a vehicle that said vehicle is parked, stopped or
standing in violation -of -the terms of this -ordinance.
(7) Public Parking Space:, Any parking space which the owner,
lessee, or person in control of such property provides for
use by members of the public other than employees of such
-owner, lessee -ter person-, including, --but- mot limited to-,
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parking spaces -at shopping centers, stores, offices, motels,
--malls-,--restaurants, and marinas.
(8Sheriff: The Sheriff of Indian River County or his duly
ppointed-deputies.
(9) Stand or Standing: The halting of a vehicle, whether
occuple o otherwis� a than temporarily, for purpose
of, and whil"atually engaged -in, receiving -or -discharging
passengers, as may be permitted bar law under this
ordinance.
(IWStop rrStopping: When- prohibited; any halting; -even
momentarily,of a vehicle, whether occupied -or -not, except
when necessary to avoid conflict with other traffic or to
comply with the directions a—law enforcement officer or
traffi"Ontrol-sign-or-Signa' .
(11) Vehicle: Any device, in, upon or by . which any person or
property is or may be transported or drawn upon a highway,
except devices moyedby-human power or used exclusively
U_ on stationary rails or tracks.
Section 307_.01. PubliccParking spaces for cer nn icappe persons.
No person shall park any vehicle in any designated handicapped
parking space located within the unincorporated areas of Indian River
County—,Florida,located onCounyid or leased property a ess
such -vehicle -displays a parking permi"s-sued pursuant tG Sec ions
___116A958 and .320.0848, Florida Statutes or a license plate pursuant to
Sections 320.084, 320.0842, 320.0843 or 320.0845, Florida Statutes, and
such vehicle 1—s-beingdrivenby ahandicappedperson eligible or such
parking per Any- person -who -is chauffeuring a handicapped -person
shallbe allowed, with or without a parking permit, momentary parking
in a designated handicapped parking space for the purpose of loading
or un oadingg the it andicappe person.
Section. 307.03. Parking in -fire lanes.
No person shall park a ve c e- in an area designated
acid -marked -as such.
Section 307.04.
Florida.
areas locatea on
The board of county commissioners may regulate parking, in
county -Tight -of -ways, county -easements, and-parking--areas-locatedon
property owned orleasedby the -county, -whether or not such areas are
located within the boundaries of chartered municipalities, by posting
parking regulations. Nothing in this section shall e construed as
prohibiting parking -in -approve d driveways that -may be locate- An
county right-of-way"r-as-regulating private -mads.
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Section 307..05: Deaulation of parkinuon -road richt-of-ways owned or
a_ State ooLFlorida.
No person shall par a vehicle in an' area designated and marked
y the State of Florida Department of Transportations- a ne- pCLA: 1 9
Section 307.06. Enforcement.
(1) A deD v sheriff or parking enforcement specialist who
discovers7a vehicle parked in violation of this ordinance shall
issue a parking ticket approved -for use by th—eboard of
county commissioners and shall- attach -the -ticket -to the vehicle
ina conspicuous place. The parking ticket shall contain
language providing notice of the following:
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the type�f- vic latien nu amount of--LiIty
The procedures to be followed in either paying fhe cavi
penalty -or- electing--ne"o- pay--such-civil- penalty a
requesting a hearing before a county judge concerning
the parking violation.
(-c)--The- penaltyo--failure-ta-comply with—directions
contained--Dn the citation.
(2) The deputy sheriff or parking enforcement specialist-sha
determines he -registered-ownerofthe---vehicle- for -which
parking ticket has-been issued and shall complete the parking
ticket form. The original parking ticket form shall be
orwarded tote lerkhen an or processing.
Section _302 OL-Civil_Penalties.
(1) (a) Any person who stops, parks, or sans a vehicle in
violation-Df-the---term-of Section 307 -M -(handicapped parking) of this
ordinance shall be deemed to be charged with a non -criminal violation
and shall be assessed a civil penalty of two hundred fifty and 00/100
($250.00) ddollars. The fine for the violation o eClion- 6:1955,
Florida -Statutes; --entitled "Par -king --spaces provided b3-go-vernmental
agencies for certain disabled persons" or Section 316.1956, Florida
Statutes, entitled "Parking spaces provided by nongovernmental entities
for certain disabled persons" shall be two hundred fifty and 00/100
V50,00-)-dollars-far each-violation—
(b) Pursuant to Section 316.008, Florida Statutes, a separate
county -funds established -forth deposit --of a portion, the
-money
realized -by fines imposed pursuant -to -this section—The portion. of said
fine that shall be deposited is one hundred fifty and 00/100 ($150.00)
dollars. The monies so deposited are to be used in the following
(1) one-third to be used by the sheriff to defray expenses
for the administration of this subsection
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{ �)- turn=thirds toh- used to prrsvide funds_o- improve
accessibility and equal opportunity to qualified physically
disabled persons in the county and to provide funds to
conduct public awareness pro racr�i�tlre�ounty concernin
physically -disabled -person s .
(2) Any person who stops, parks, or stands a vehicle in violation
of the term -of Section 307.03 Ifire-lane') of -this ordinance-shatI be
daemed-t - be- charged --with- 4- non -criminal violation -and -shall- e
assessed a civil penalty of fifty and 00/100 ($50.00) dollars.
)any person whostops;-park&-,i stands -a -vehicle 1-1-1 '
^. the terms of Section -UT. -04 -( or 307-05 _(state r -n -w) of
this ordinance shall be deemed to be charged with a non -criminal
violation and shall be assessed a civil penalty of thirty-two and 00 j 00
($32.00) dollars.
(4) Each day any violation occurs or continues shall be a separate
offense.
(5) The -amount of --any civil penalt3-specified-in_ this section -shall
be increased by twelve and 00/100 ($12.00) dollars if payment is not
received by the clerk within the described fourteen (14) day perio
after the date of mailing of -the-notic"sued pursuant to the terms of
Sectio"07, 08, -paragraph 2
(6) The owner of a vehicle is responsible and liable for payment
o any parking ticket violations-��the owner can 'Mrnish evidence
tha"he vehicle SAT�u ,at the tim"f parkinVviolation, in the care,
custody, or control of another person.. In such instances, the owner of
the vehicle is required, no later that fourteen (14) days after the ay
that the certified notice -thhhe-parking-violation-is- mailed pursuant
Sect'- 307 , 08, paragraph 4,-to--furnist! to the- approprite lawa
enforcement authority issuing the ticket, the name and address of the
person or company who leased, rented, or otherwise had the care,
custody, or control of --t it a vehicie—.-The owner of -a vehicleisnot
responsible for parking i "t -violations the vzWele-in-volvedBaas as, 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. The person
wis-charge"th-aviolation of this section may -not be-convicteif,
prior to-orr- at- the- timenf_his_court-o-r--hearingsppearanee, he produces
in court or to the clerk in which the charge is pending proof that at
the time the parking ticket was issue, the vehiclee who en or int e
care, custody, or control- of some person who did not have permission
of the owner to the vehicle. The clerk is authorized to dismiss
such case at any time prior to the defendant's appearance in court.
The clerk may assess a fee o five an 00/100($5:00 o rs or
dismissing -the easder- this -sectio-
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Section 307.08. Procedures governing payment of civil penalties and,
proceedings to enforce payment for county parking
violations.
(1) Any. person issued a county parking ticket, Dursuant to
Section 307.06 shall answer the ticket by either of the following
procedures within a ten (10) day period which begins- to run on the
day immediately following the day that the ticket is issued:
(a) Payment of the civil penalty indicated on the ticket may
be remitted to the clerk, pursuant to the directions o
such ticket -which toincrease
pursuant to the terms of this ordinance, or
(b) A hearing may be requested by the person receiving
such citation or the cited vehiciels registerowner fvi.
t4i&-purpose-f- 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 clerk indicating his or her willingness
to appear at such heard At a time and place specified
(2) Any election to request the hearing constitutes a waiver of
the right to pay thecivil penalty indicated on the parking ticket, and a
county Judge after said hearing may impose a fine not to exceed $250.00
for a handicapped parking violation and not to exceed $100.00 for all
other inractions, pus pourcosts-for each parking violation.
(3) Upon receipt of a completed parking ticket submitted by a
deputy sheriff or parking enforcement specialist, pursuant to Section
of this ordinance, thie- clerk shall notify
first -listed -sem such-Aick-e"-4ts issuanceAf-t4iere has-been no response
pursuant to paragraph one 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 direct compliance with
either of the alternatives specified in one of this section
within a fourteen (14) day period which begins to run on the day
immediately following the day that said notice is mailed, according to
the records maintained by the clerk.
(4)' If payment of the civil penalty is not received or a hearing is
not requested within the fourteen (14) day period after the notice
described in paragraph three of this- section and such notice is not
returned as undeliverable by the U.S.. Postal Services, the clerk shall
send similar notice to said owner by certified mail requiring compliance
with either of the alternatives specified in paragraph one of this section
within a fourteen .(.14) day period which begins to run on the day
immediately followinVthQ daythat said notice is mailed according to the
records maintained by the clerk.
(5) If the clerk receives proof of delivery of the notice mailed by
certified mail, pursuant to paragraph four of this section, and payment
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of the civil penalty is not received or a hearing requested within
fourteen (14) day period specified therein, the clerk shall cause the
registered owner first listed on the parking ticket to be served in
accordance with the Florida Rules of Civil Procedure with a summons
requiringattendance at a hearingata time and place specified in such
order. A county judge after said hearing shall make a determination as
to whether or not a parking violation has been committed and may
impose a fine not to exceed two hundred fifty and 00/100 ($250.00) for
a handicap parking violation and not to exceed one hundred and 00/100
($100.00) dollars for all other infractions plus court costs.
(6) If the last day of a time period described above falls on a
Saturday, Sunday, or legal holiday, the time period shall run until the
end of the next day which is neither a Saturday, Sunday or legal
holiday.
Section 307.09. Jurisdiction.
The terms of this ordinance shall be applicable in the
unincorporated areas of Indian River County and in areas owned or
leased by IndianRiverCounty, which are -located within the -boundaries
of chartered municipalities.
Section 307.10. Payment of parking ticket violations.
(1) The clerk of the court (traffic violations bureau) shall supply
the department of highway safety and motor vehicles (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 .three (3) or more outstanding park violations.
(2) No licenseplate---or-revalidation sticker- shall be issued to a
person whose name appears on this list provided in paragraph (1) of
this section until such person's name no longer appears on said list or
until the persons presents a receipt from the clerk showing that such
parking fines have been paid.
(3) With respect to parking tickets issued by the City of Vero
Beach, the City of Vero Beach shall remit monthly to both the tax
collector and the clerk of the court, as costs for implementing and
administering this program, ten (10) percent each of the civil penalties
and fines recovered from such persons.
Section 307.11. Unpaid handicapped parking violations.
The clerk of the court (traffic violations bureau) shall supply the
department of highway safety and motor vehicles (department) with a
magnetically-sncoded computer tape reel or cartridge which—i& is machine
readable by the installed computer system at the department, listing
persons who have outstanding violations of Section 316.1955, Florida
Statutes, Section 316.1956, Florida Statutes, or any similar local
ordinance regulating parking in spaces designated for use by disabled
persons
—
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