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1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY_ FLORIDA

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1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY_ FLORIDA Powered By Docstoc
					                     BEFORE THE BOARD OF COUNTY COMMISSIONERS
                              MARTIN COUNTY, FLORIDA


                                      ORDINANCE NUMBER 455


        AN ORDINANCE AMENDING CHAPTER 24½, (MOTOR VEHICLES &
        TRAFFIC), PROVIDING THAT LAW ENFORCEMENT OFFICERS OR
        PARKING ENFORCEMENT SPECIALISTS MAY ISSUE A CITATION FOR
        VIOLATION OF PARKING ORDINANCES; INCREASING THE TIME FOR
        PAYMENT OF THE FINE TO TEN DAYS; DEFINING PRIMA FACIE EVI-
        DENCE OF PARKING VIOLATIONS AND HANDICAPPED PARKING VIO-
        LATIONS; PROVIDING PROCEDURES FOR PAYMENT OF FINES; ADD-
        ING SECTIONS 24½-8 REGARDING HANDICAPPED PARKING SPACES
        AND 24½-9 AUTHORIZING THE CLERK OF COURT TO SUPPLY PARK-
        ING VIOLATION INFORMATION TO THE DEPARTMENT OF HIGHWAY
        SAFETY AND MOTOR VEHICLES; PROVIDING FOR CONFLICTING PRO-
        VISIONS; SEVERABILITY; APPLICABILITY; FILING WITH DEPART-
        MENT OF STATE, THE DEPARTMENT OF COMMUNITY AFFAIRS, AND
        THE TREASURE COAST REGIONAL PLANNING COUNCIL; PROVIDING
        AN EFFECTIVE DATE AND CODIFICATION.


        WHEREAS, the Board of County Commissioners of Martin County, Florida is autho-

rized pursuant to Sections 1 and 6, Article VIII, Constitution of the State of Florida, Chapter 125,

Florida Statutes, to adopt ordinances; and

        WHEREAS, the Board has determined that it is necessary toamend Section 24½, Motor

Vehicles & Traffic, Code of Laws and Ordinances of Martin County;

        NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM-

MISSIONERS OF MARTIN COUNTY, FLORIDA, THAT:

        PART I

        Section 24½ of the Code of Laws and Ordinances of Martin County, Florida, be and

hereby is amended as follows:

Sec. 24½-2. Illegally parked vehicles−Notice on vehicle.



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        Whenever any motor vehicle without driver is found parked, stopped or standing in viola-

tion of any of the restrictions imposed pursuant to a resolution adopted according to Article V,

Chapter 30 of the Code of Laws and Ordinances of Martin County, the law enforcement officer

or parking enforcement specialist police officer finding such vehicle shall take its registration

number and may take any other information displayed on the vehicle which may identify its user,

and shall conspicuously affix to such a vehicle a citation on a form provided by the county, or the

owner to answer the charge. within forty-eight (48) hours.

Sec. 24½-3.              Same−Failure to comply with summons attached to vehicle.

        If a violator of the restriction on stopping, standing, or parking under this section and the

ordinances of this county does not pay the fine specified on the citation affixed to such motor ve-

hicle within a period of ten (10) days forty-eight (48) hours, the violator shall be subject to the

directives of the County Courtspecified by the Clerk of the County Court. the violation shall be

considered a misdemeanor and the owner shall be subject to arrest by the sheriff’s department.

Sec. 24½-4.              Same−Presumption in reference to illegal parking, standing and stop-

                         ping.

        (a)      In any prosecution charging a violation of Section 24 1/2-2, proof that the particu-

lar vehicle described in the citation was registered in the name of the defendant at the time of

such violation shall constitute prima facie evidence that such person was the person who stopped,

stood, or parked the vehicle in violation of law. The owner of a vehicle shall be 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 per-

son. In such instances, the owner of the vehicle is required, within five (5) days after notification

of the parking violation, to furnish to the County an affidavit setting forth the name, address, and

driver’s license number of the person who leased, rented, or otherwise had the care, custody, or

control of the vehicle. The affidavit submitted pursuant to this section shall be admissible in a

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proceeding charging a parking ticket violation and shall raise a rebuttable presumption that the

person identified in the affidavit is responsible for payment of the parking ticket violation.

        (b)      In any prosecution charging a violation of Section 241/2-2 for parking in a handi-

capped parking space in violation of law, evidence that any automobile, truck, or other vehicle

was found to be parked in a properly designated handicapped parking space in violation of Sec-

tion 24 1/2-2, it shall be prima facie evidence that the automobile, truck, or other vehicle was

parked or left in the space by the person, firm, or corporation in whose name the vehicle is regis-

tered and licensed according to the records of the Division of Motor Vehicles.

        (a) In any prosecution charging a violation of this chapter governing the stopping, stand-

ing, or parking of a vehicle, proof that the particular vehicle described in the complaint was

parked in violation of this article or other regulation, together with proof that the defendant

named in the complaint was, at the time of such parking, the registered owner of such vehicle,

shall constitute evidence and a prima facie presumption that the registered owner of such vehicle

was the person who stopped, stood or parked such vehicle at the point where and for the time

during which such violation occurred.

        (b) The foregoing stated presumption shall apply only when the procedure as prescribed

in the two (2) preceding sections numbered 24½-3 and 24½-4 have been followed.

Sec 24½-5. Same−Warrant issued.

        Any person issued a citation under this Chapter shall comply with the directions on the

citation. If payment is not received, or a response to the citation is not made by the time speci-

fiedthereon, the clerk of the county court shall notify the registered owner of the vehicle which

was cited, by mail to the address given on the motor vehicle registration, of the ticket, with the

court’s directive. The information and directive may be stated on the citation.

        In the event any person fails to comply with a notice given to such person or fails to make

appearance pursuant to a summons directing an appearance in the court, that person shall be

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subject to a warrant for his arrest. Any person who fails to satisfy the court’s directive shall also

be deemed to waive his right to pay the applicable civil penalty contained on the citation.

Sec. 24½-6.              Same−Option of arrested person to plead guilty or stand trial.

         (a) Any person charged with an offense for which payment of a fine may be made shall

have the option of:

                 (1)     Paying such fine within the time specified in the citation at the clerk’s of-

                 fice, upon entering a plea of guilty or nolo contedere and upon waiving appear-

                 ance in court; or

                 (2)     Entering a plea of not guilty and requesting a trial as authorized by law.

         (b)     The payment of a fine to said clerk shall be deemed an acknowledgment of the

violation of the designated ordinance, but shall not be admissible as evidence in any other pro-

ceeding.

Sec 24½-7. Same−Amount of fine.

         The amount of fine for any parking violation other than a handicapped parking violation

shall be fifteen dollars ($15.00) if paid within ten (10) days forty-eight (48) hours, or prior to

trial.

Sec 24 1/2-8. Same-Designated Handicapped Parking Spaces.

         No person shall park any automobile, truck, or other vehicle in any designated handi-

capped parking space unless such vehicle displays a parking permit issued pursuant to F.S. Sec-

tions 316.1958 and 320.0848, or a license plate pursuant to F.S. Sections 320.084, 320.0842,

320.0843 or 320.0845, and such vehicle is transporting a handicapped person eligible for such

parking permit. However, any person who is chauffeuring a handicapped person shall be al-

lowed, without need for a parking permit, momentary parking in a designated handicapped park-

ing space for the purpose of loading or unloading the handicapped person, but for no other pur-

pose.

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Sec. 24½-9. Clerk to supply information on violators of parking regulations.

        The Clerk of the Court shall supply the Department of Highway Safety and Motor Ve-

hicles with a magnetically encoded computer tape reel or cartridge which is machine readable by

the installed computer at the Department, listing persons who have three (3) or more outstanding

parking violations, and listing all persons who have any outstanding violations of F.S. Section

316.1955, 316.1956, or Section 24 1/2-8 of this Code.

PART II          CONFLICTING PROVISIONS.

        Special acts of the Florida Legislature applicable only to unincorporated areas of Martin

County, County ordinances and County resolutions, or parts thereof, in conflict with this ordi-

nance are hereby superseded by this ordinance to the extent of such conflict.

PART III         SEVERABILITY.

        If any portion of this ordinance is for any reason held or declared to be unconstitutional,

inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this

ordinance of any provision thereof shall be held to be inapplicable to any person, property or cir-

cumstances, such holding shall not affect its applicability to any other person, property or cir-

cumstances.

PART IV          APPLICABILITY OF ORDINANCE.

        This ordinance shall be applicable throughout Martin County’s jurisdiction.

PART V           FILING WITH DEPARTMENT OF STATE.

        The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to

the Bureau of Administrative Code, Department of State, 401 South Monroe Street, Elliott Build-

ing, Tallahassee, Florida 32399-0250.

PART VI          FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS.




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        The County Attorney shall send by certified mail a certified copy of this ordinance to

Treasure Coast Region Planner/DRI Section, Department of Community Affairs, 2740 Center-

view Drive, Tallahassee, Florida 32399.

PART VII         FILING WITH TREASURE COAST REGIONAL PLANNING COUNCIL.

        The County Attorney shall send a certified copy of this ordinance to Treasure Coast Re-

gional Planning Council, Post Office Box 1529, Palm City, Florida 34990.

PART VIII        EFFECTIVE DATE.

        This ordinance shall take effect upon receipt of official acknowledgment from the Office

of Secretary of State that this ordinance has been filed in that office.

PART IX          CODIFICATION.

        Provisions of this ordinance shall be incorporated in the County Code and the word "ordi-

nance" may be changed to "section," "article" or other word, and the sections of this ordinance

may be renumbered or relettered to accomplish such intention; provided, however, that parts II to

IX shall not be codified.



        DULY PASSED AND ADOPTED THIS 28th DAY OF February, 1995.

ATTEST:                                            BOARD OF COUNTY COMMISSIONERS
                                                   MARTIN COUNTY, FLORIDA



MARSHA STILLER, CLERK                              CHARLENE HOAG, CHAIRMAN


                                                   APPROVED AS TO FORM AND
                                                   CORRECTNESS:



                                                   JOHNATHAN A. FERGUSON
                                                   MARTIN COUNTY ATTORNEY



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