Ordinance 97-50 ORDINANCE NO. 97-
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 80-47, AS AMENDED, THE COLLIER
COUNTY PARKING ORDINANCE, BY AMENDING
SECTION FOUR TO AUTtIORIZE VEHICLE TOW AWAY
ZONES; A1HENDING SECTION SEVEN TO ESTABLISH A-~
CIVIL PENALTY OF TWO HUNDRED AND FIFTY~
DOLLARS FOR UNCONTESTED HANDICAPPED~
PARKING VIOLATIONS; ALSO INCREASING THE CIVIL~
PENALTIES FOR ALL OTHER VEHICLE VIOLATIONS~.
FOR PARKING, STOPPING, AND STANDING FROM TEN~
DOLLARS TO THIRTY DOLLARS; SPECIFYING HOW~
PENALTIES AND LATE PAYMENT FEES ARE TO BE'~
DISTRIBUTED; AMENDING SECTION NINE TO
ELIMINATE TIlE REQUIREMENT OF NOTICE BY
REGISTERED MAIL AND TO AMEND OTHER
PROCEDURES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION INTO
THE COUNTY'S r'ODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, has adopted
Ordinance No. 80-47, as amended, called the Collier County Parking Ordinance; and
WHEREAS, the Board hereby authorizes designation of vehicle parking violation tow-
away zones, which authorization is not provided for in Ordinance No. 80-47; and
WHEREAS, a judicial decision styled City of West Palm Beach v. Lovely, 3 Fla. Law
Weekly, Supp. 617, holds that the specific amount of the penalty for uncontested handicapped
parking violations may be fixed by Ordinance, but that penalties for contested handicapped
parking violations must be established by the trial judge; and
WHEREAS, Section 316.008, Florida Statutes, in conjunction with Section 318.18,
Florida Statutes, authorizes Collier County to set a fixed fine of up to $250.00 for uncontested
handicapped parking violations; and a fine of $250.00 for such uncontested violations is now'
established in this Ordinance; and
WHEREAS, Ordinance No. 80-47, as amended, provides that all non-handicapped
parking, stopping and standing fines are $10.00 except the fine for a fire lane violation, which is
$25.00; and
WHEREAS, the Board of County Commissioners, on June 11, 1996, determined that the
non-handicapped parking, stopping and standing vehicle violation fines now established by
Collier County Ordinance No. 80-47, as amended. are not sufficient deterrent to dissuade the
parking, standing, and/or stopping violations, and that consideration should be given to raising
all such fines to $30.00.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Section Four of Collier County Ordinance No. 80-47, as amended, entitled
"Placement of Official Parking Signs" is hereby amended by adding a new substation Or,) to
authorize designation of vehicle tow-away zones, as follows:
SECTION FOUR: Placement Of Official Parking Signs.
i. The Transportation Services Administrator and/or the County Manager or his
designee, shall invcstigate and make recommendations to the Board of County Commitloners
concerning parking restrictions to be placed upon streets and highways in the unincorporated az~a
of Collier County. These recommendations shall be in ac, c, ordanc~ with the terms of this
Ordinance in an effort to clearly inform the public as well as to aid in the implementation of the
conditions set forth in this Ordinance. Such recommendations shall include, but arc not limited
to the following:
A. all night parking;
B. angle parking;
C. parking on the left side on one way streets or highways;
D. parking on one way streets;
E. parking in hazardous places;
F. curb loading zones;
G. bus stops, taxi stands, etc.;
H. prohibited parking;
I. limited parking;
J. determined and designated meter parking zones; and
K, tow-away zones.
2. Upon the advice of the Transportation Services Administrator and/or County
Manager or his designee, the Board of County Commissioners may, by resolution, designate
certain areas along County roads and other areas owned/leased by Collier County as being areas
in which parking, standing, or stopping is restricted or prohibited. It shall not be necessary for
the Board of County Commissioners to adopt a resolution when criteria for restricting or
prohibiting standing, stopping and parking have been established in this Ordinance or by any
previous resolution or policy establishing restrictions or prohibitions.
3. Upon the Board of County Commissioners enacting a resolution either restricting
or prohibiting parking, standing, or stopping in certain areas along County roads, such roads shall
be posted with signs specifying the restrictions or prohibitions of parking, standing, or stopping.
as enacted by the Board of County Commissioners.
SECTION T'vVO: Section Seven of Collier County Ordinance No. 80-47, as amended,
entitled "Penalty for Violations" is hereby amended as follows:
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Words underlined are added; words steaek :~.reugh are deleted.
SECTION SEVEN: Penalty for Violations.
A. Pursuant to {}318.14, Florida Statutes, any person cited for a violation of Sections
Five -"--'~ or Six of this Ordinance shall bc deemed to bc charged with a noncriminal violation and
shall be assessed a civil penalty according to the following schedule:
~ Handicapped Parking: Two hundred and fifty_ (~250,00) dollars for each
uncontested riolitton of Section Six of this Ordinance or, as determined b~v the Judge, up to two
hundred and fifty ($250.00) dollars for a contested violation of Section Six of this Ordinance.
P_ursuaj~ to subsection 318.18(6). Florida Statutes. the Clerk of Courts shall dismiss Ihe
handicapped parkingcitation if the following items of proof are presented to the Clerk: (a_~ proof
that the person committing the violation had a valid handicapped parkin_~.,. permit or handicapped
license plate for the cited vehicle on the issuance date of the citation. (hLa si~ed affidavit in
accord with subsection 318.18(6). Florida.Statutes. and [c) a~ve dollar ($5.00) dismissal fee.
The fines collected for violating Section Six of this Ordinance
p~rb,;,,"~g~ shall be used in the following manner:
(a) One-th;-d to be used to defray expenses for administration.
('b) Two-thirds to be used to provide funds to improve accessibility
and equal opportunity to qualified physically disabled persons in the county and to provide funds
to conduct public awareness programs in the county concerning physically disabled persons.
(2) Ten r®,n nnx ,,^n^~ Thirty (S30.00~ dollars for a violation of any
.... ;-;-- ;b.~_~',icn'-. nrovision of Section Five of this Ordinance. Fines and late navrn~nt
penalty for violations of Section Five of this Ordinance are to be distributed as follows:
(a) ~;10.00: County Parking Fines.
(b) $5.00: County_ Clerk of Courts.
{~c~ ~; 15.00: County Parks Department.
(d) $5.00 late payment penal_IV: County Clerk of Courts.
B. Each day any violation occurs or continues shall be a separate offense. For
parking in excess of the time authorized in a public parking space, each succeeding equal time
period beyond that authorized as the maximum time period for said parking place shall constitute
a separate offense.
C. The amount of any penalty specified in this section shall be increased by five
($5.00) dollars if payment is not received by the Clerk prior to Notice being mailed to the
registered owner b~ pursuant to Subsection g~ C of Section Nine of this Ordinance.
SECTION THREE: Section Nine of Collier County Ordinance No. 80-47, as amended,
entitled "Payment of Civil Penalties and Procedures to Enforce Payment for Violations" is
'hereby amended to read as follows:
SECTION NINE: Paymcnt of Civil Penalties and proceedings to enforce payment for
violations.
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Words underlined are added; words ,~,*r,,:ck '~' ..... ~' are deleted.
A. Any person issued a county puking citation, pursuant to Section Eight of this
Ordinance shall answer the citation by either of the following procedures within g ~
LtO..) days after the date of issuance of the citation.
(I) Payment of the penalty indicated on the citation may be remitted to the
clerk, pursuant to the directions on such citation; or
(2) A hearing may be requested by the person receiving such citation or the
cited vchicle's Registered Owner for the purpose of presenting evidence before a county judge
concerning a parking violation. Any person requesting a hearing shall execute a staternc~ on a
form prepared by the county attorney indicating his or her willingness to appear at such hemring
at a time and place specified thereon. Any person who requests a hearing and does not appear in
accordance with said statement shall be subject to contempt proceodings or to other such
penalties as the Court may, in its discretion, impose to require compliance with this Ordinance.
B. Pursuant to the provisions of Section 316.1967, Florida Statutes, an election to
request a hearing constitutes a waiver of the fight to pay the penalty indicated on the parking
citation, and a county judge after se:'~ hearing may impose a fine not to exceed One Hundred
($100.00) Dollars, plus court costs for each parking violation. However, an election to request a
hearing pertaining to a handicap parking violation constitutes a waiver of the right to pay the
penalty indicated on the parking citation, and a county judge atter said hearing may impose a two
hundred fifty ($250.00) dollar fine, plus court costs per violation.
C. Upon receipt of a completed parking citation submiRed by a Law Enforcement
Officer, pursuant to Section Eight of this Ordinance, the Clerk shall notify the registered owner
first listed on such citation of its issuance if there has been no response to the citation pursuant to
Subsection A of this section. Such notice shall be sent by ~ re_izular mail and shall inform
said registered owner concerning the nature and location of the parking violation and dinot
·
P,',:;~,, cf Ci'/~! Pr.~,,~'J'Jre ':.'!:h = C~','.-'rt ~rder r~::i,~-~g shah rcq_uirc payment of~e~nc or
attendance at a hearing at a time and place specified in such Qrde, notice. Pursuant to the
provisions of Section 3 ! 6.1967, Floz~da Statutes, a county judge after said hearing shetit should
make a determination as to whether a parking violation has been committed and may impose a
fine not to exceed One Hundred ($100.00) Dollars, plus Court costs, except for handicap parking
violations, for which a fine up to Two Hundred Fifty ($250.00) Dollars may be imposed, plus
costs. Any person upon which service is obtained, pursuant to this section, who does not appear
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Words underlined are added; words siva^,,,~, thre, ugh arc deleted.
at a hearing as directed by the ~ notice shall be subject to contempt proceedings or to
such other penalties as the Court may, in its discretion, impose to require compliance with said
Or4o~ notice.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of comPetent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION SIX: EFFECTIVE DATE.
This Ordinancel shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Comrnissionen of Collier County,
Florida, this Z/ .~/ y of ~ ~ 1997.
ATTEST:
mvtd 'rc . gaoc :, ct.F. BOARD OF
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Approv~ ~ to fo~ ~d
Assismt Co~W Attorney ~ / '.. ", ..... '/ .
h:~inanc~dparking-I~
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Words underlined are added; words attack t~mug~ ~e deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORFTNANCE NO. 97-50
Which was adopted by the Board of County Commissioners on the 14th day
of October, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 15th day of October,
1997.
DWIGHT E. BROCK
Clerk of Courts and Clerk . - , 4 N ~ { ~. .
Ex-officio to Board of
County Commissio ers
Deputy Clerk
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