§ 28-25. Issuance of tickets; penalty for violations.

(a)

A law enforcement officer or town parking enforcement specialist who discovers a vehicle parked in violation of any of the provisions of this article may:

(1)

Issue a ticket, as used by the town, to the driver; or

(2)

If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place.

(b)

Any person violating, permitting, suffering, allowing or assisting anyone to violate any of the provisions of this article will be subject to the fines contained within the fee schedule, as amended by town council.

(c)

If a person receives a notice of violation at a parking space designed for disabled persons who subsequently provides information that substantiates the fact that the vehicle was properly parked but the operator failed to properly display the required disability decal; the fine may be reduced to $10.00 per instance.

(d)

A law enforcement officer or town parking enforcement specialist who observes a violation of any ordinance listed in section 2-49 will issue a citation, as used by the town, to the violator and any person violating, permitting, suffering, allowing or assisting anyone to violate the provisions of this chapter 28 will be subject to a fine as listed in the fee schedule.

(e)

Any person electing to appear before the special magistrate to present evidence will be deemed to have waived the right to pay the civil penalty provisions of the citation. The special magistrate, after a hearing, will make a determination as to whether a parking violation has been committed and may impose a civil penalty not to exceed $500.00, plus costs. Any person failing to pay the civil penalty within the time allowed by the special magistrate, will be deemed to be in violation, and the special magistrate will take appropriate measures to enforce collection of the fine.

(f)

Repetitive violation of the provisions of this article, coupled with failure to pay the fines imposed, by the same person or entity may result in immobilization or impounding of the vehicle in accordance with section 28-30.

(g)

A person failing to pay the fine issued in accordance with this article, or comply with an order of the magistrate as a result of a contest hearing, will be subject to action by the Town to obtain payment through collections activity or any other available legal means.

(h)

Pursuant to the provisions of F.S. § 316.1967, any vehicle (as determined using the vehicle license plate) with three or more unpaid parking citations will be reported to the department of highway safety and division motor vehicles. Based upon this report the department will place the vehicle license plate on a registration hold list. Placement on this list will prevent the issuance of a new or renewal license plate until the parking fines are paid to the town. The vehicle owner will be required to pay all fines due, including any additional fees charged by the division for placement on the hold list, before the town will provide notice to the department that the parking fines have been paid and release from the hold list is appropriate.

(Ord. No. 96-16, § 9, 8-5-1996; Ord. No. 03-05, § 14, 5-19-2003; Ord. No. 04-11, § 2, 6-21-2004; Ord. No. 16-05, § 2, 11-21-2016)