§ 106-49. Procedures governing payment of civil penalties; proceedings to enforce payment for municipal parking citations.

(a)

The clerk shall process parking violations issued by municipal police officers or parking enforcement specialists within the boundaries of a chartered municipality in accordance with the procedures contained in subsections (b), (c) and (d) of this section, only after the municipality has adopted an ordinance, pursuant to the provisions of F.S. chs. 316 and 318, governing the regulation and enforcement of parking within the boundaries of such municipality, which provides for:

(1)

The adoption of the regulations contained in division 1 of this article and the schedule of penalties to be charged as contained in section 106-46.

(2)

That violations of such regulations are a noncriminal violation enforceable, pursuant to the provisions of F.S. § 316.1967, as implemented by subsections (b), (c) and (d) of this section.

(3)

That the issuance and completion of prenumbered parking citations by municipal police officers and parking enforcement specialists be on forms and 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 or owners.

d.

Owner or owners' date(s) of birth.

e.

Name and signature of issuing officer or parking enforcement specialist.

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.

(4)

That payment or request for hearings in response to municipal citations shall be received and processed by the clerk.

(b)

The clerk shall process parking citations submitted by a municipality which has complied with the requests of subsection (a) of this section upon receipt of such citations by the clerk. If there has been no response to the citation pursuant to section 106-48(a), the clerk shall notify the registered owner first listed on such citation by regular mail and shall inform the registered owner concerning the nature and location of the parking violation and direct compliance with either of the alternatives specified in section 106-48(a) within 14 days after the date the notice is mailed, according to the records maintained by the clerk. The notice shall also contain a statement informing the registered owner of the increased penalty required pursuant to section 106-46(c).

(c)

If payment of the penalty is not received or if a hearing is not requested within the 14-day period specified in the notice sent by regular mail, pursuant to subsection (b) of this section, the clerk shall notify the registered owner first listed on the citation by certified mail of the issuance of the citation and direct compliance with either of the alternatives specified in section 106-48(a) within 14 days after the date the notice is mailed, according to the records maintained by the clerk. The notice shall also contain a statement informing the registered owner of the increased penalty required pursuant to section 106-46(c).

(d)

If the clerk receives proof of delivery of the notice mailed by certified mail, pursuant to subsection (c) of this section, and payment of the penalty is not received or a hearing is not requested within the 14-day period specified therein, the clerk shall cause the registered owner first listed on the parking citation to be served in accordance with the Florida Rules of Civil Procedure with a court order requiring attendance at a hearing at a time and place specified in such court order. Pursuant to the provisions of F.S. §§ 316.1963 and 318.325, a traffic hearing officer or county court judge, after the hearing, shall 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. Any person upon which service is obtained pursuant to this section who does not appear at a hearing as directed by a court order shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with the court order.

(e)

In no event shall the clerk process a parking citation issued by a municipality which has adopted an ordinance, and which, in the opinion of the clerk, does not meet the requirements of this section. The clerk shall not process a citation which, in his opinion, does not comply with the provisions of the ordinance adopted by the issuing municipality or this article.

(Code 1979, § 20-67; Ord. No. 95-12, § 4, 3-7-95)