§ 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)