§ 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)