Ordinance 92-032 ORDINANCE NO. 92 - 32
! ORDINANCE AMENDING SECTION NINE OF COLLIEI~:/
)UNTY ORDINANCE NO. 80-47, AS AMENDED, TH~n~. ~ '~'
:R COURtlY PARKING ORDINANCE, TO CLARIF~: ~
THE ONE HUNDRED DOLI~R PAP~ING VIOLATIONC~.
NE PROVISIONS, THAT OTHERWISE APPLY IN
.. I
A JUDICIAL HEARING IS HELD ON A PARK NG~,~ cn
~ICKET VIOLATION AT THE REQUEST OF THE ALLEGED;::%-~ cD
VIOLATOR, DO NOT APPLY TO HANDICAP PARKING ~'~
VIOLATION FINES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1979 the Florida Legislature, by enactment of
Chapter 79-403, Laws of Florida, amended Section 316 19&7,
Florida Statutes, and authorized Trial Judges to increase fines
ticket was requested; and
WHEREAS, in 1985, by enactment of Chapter 85-325, Laws of
Florida, the Legislature amended Section 316.008(4), Florida
Statutes, and thereby authorized cities and counties to raise the
fines for handicapped parking ticket violations up to $250.00;
and
WHEREAS, the L~gislature, through inadvertence, neglected to
amend Section 316.1967(4), Florida Statutes, to specify that the
$100.00 "hearing" provision did not apply to handicap parking
parking ticket fines that exceed $100.00; and
WHEREAS, in March of 1991, the County amended Section Nine
of Collier County Ordinance No. 80-47 by passage of Collier
County Ordinance No. 91-23, and thereby incorporated the $100.00
"hearing" provision of Section 316.1967(4); and
WHEREAS, said amendment to County Ordinance No. 80-47 was
intended to incorporate Section 316.1967(4), Florida Statutes
into Ordinance No. 80-47 only to the extent the $100.00 hearing
provision in Section 316.1967(4), Florida Statutes, applies
generally to small parking violation fines, which does not
include handicap parking violations in excess of $100.00.
However, paragraphs B and D of Section Nine of Collier County
Ordinance No. 80-47 can be misconstrued to imply that an
individual who is issued a $250.00 ticket for handicap parking
Words underlined are added; words s~reck-~hreu~h are deleted.
can compel a reduction of a $250.00 fine to a fine not to exceed
$100.00 simply by having a Judicial hearing on the alleged
violation; and
W]{EREAS, there is a principle of statutory construction that
specifies that statutes should not be construed to effect results
not intended by the Legislature, namely, that Section
o
316.1967(4), Florae'Statutes, requires that a $250.00
handicapped parking fines must be reduced to $100.00 if a
~udicial hearing i~ held on such a citation; and
.WHEREAS, the Board of County Co~u~issionors desires to amend
the pertinent provisions in Paragraph B and D of Section Nine of
Collier County Ordinance No. 80-47 to remove any suggestion that
the $100.00 "hearing" provision contained therein is applicable
to~handicappe~ parking'ticket fines.
:':~ ~.NOW, THEREFORE; BE.IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS.OF COLLIER COUNTY THAT:
SECTION ONE. Section Nine of Collier County Ordinance No.
80-47, as amended, entitled Procedures Governing Payment of Civil
Penalties and Proceedings to Enforce Payment for County Parking
Violations, is hereby amended to read as follows:
SECTION NINE: Procedures Governing Payment of civil
Penalties and Proceedings to Enforce Payment
for County Parking Viol~tions
A. Any person issued a County parking citation, pursuant
to Section Eight of this Ordinance, shall answer the
citation by either of the following procedures within
ten (10) days after the date of issuance of the
citation.
(1) 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 vehicle's Registered
Owner for the purpose of presenting evidence
before a County Judge concerning a parking
Words und~rlined are added; words s~ruck-~h~su~h are deleted.
violation. Any person requesting a hearing shall
execute a statement on a form prepared by the
County Attorney indicating his or her willingness
· ,k ....... to. appear at. such hearing at a time and place
... specified.thereon. Any p~rson who requests a
. · hearing and does not appear in accordance with
..: .-. said. statement shall be subject to contempt
....... · .~. procmedingw 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 tl%e right to' pay the penalty indicated on
....... ~the:parking-citation, and a County Judge after said
':;. hea~lng, may~lmpose.a fine not'to exceed One Hundred
ii?2..~:.." ($100.00).Dollars, plus court costs for each parking
violation. However~ an election to request e hearin~
pertainin~ to a handicap Darkin~ violation constitutes
~ waiver of the right to DaY the penalty indicated on
the Darkin~ citation, and a County Judce after said
h0~rtn~ may impose a two hundred fifty ¢$250.00~ dollar
fine. Dlus court costs Der violatioB.
C. Upon receipt of a completed parking citation submitted
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 Certified Mail and shall inform said
Registered Owner concerning the nature and location of
the parking violation ~n and direct compliance with
either of the alternatives specified in Subsection A of
this section within fourteen (14) days after the date
said Notice is mailed, according to the records
maintained by the Clerk.
Words underlined are added; words s%~k-~h~eu~h are deleted.
D. If the Clerk receives proof of delivery of the Notice
mailed by.Certified Mall, pursuant to Subsection C of
this section,' and payment of the penalty is not
received~.or a hearing requested within the fourteen
(14) day.period specified therein, the Clerk shall
cause the Registered Owner first listed on the parking
citation:to' he,served in accordance with the Florida
Rules.of Civil Procedure with a Court Order requiring
payment or attendance at a hearing at a ti~ and place
specified in such Order. Pursuant to the provisions of
Section'.316.1967,'Florida Statutes, a County Judge
after said hearing shall make'a determination as to
whether.a parking violation has been committed and may
impose a_fins, not. to exceed One Hundred ($100.00)
Dollars, plus.:Court costs, 9xceD~ for handicap perkins
violations, for which a fine of uo to Two Hundred Fifty
f$250.00~ Dollars may be imposed, olus costs~ Any
person.~9.n~hi~h, serwice is obtained, pursuant to this
section,.~ho.does_not appear at.a hearing as directed
by the Court Order shall be subject to contempt
proceedings or to such other penalties as the Court
may, in its discretion, impose to require compliance
with said Order.
SECTION TWO: 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 por~ion.
SECTION THREE: Effective Date.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has been
filed with the Secretary of State.
Words underlined are added; words s~ruck-~hreugh are deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida,. this 12th day of M~¥ , 1992.
· ~.. ., OF COLLIER CO~Y, F~RIDA
=~mW al State'= Office ~
Approved a= to fo~ and
that
Co~y Attorney
Words underlined are added; words s%=u=k-%h=amgh are deleted.
(.. COUNTY OF COLliER )
i, JAMES C. GILES, Clerk of Courts tn and for the
Twentieth Judicial Circuit, Collter County, Florida, do
hereby certify tha~ the foregoing is a true copy of:
Ordinance No. 92-32
which wal adopted by ~ha Board of County Co,missioners on
the 12th day of May, 1992, during Regular Session.
WITNESS my hand and ~he official seal of the Board of
County Commtaetoners of Collier. County, Florida, th~s 15th
day of May, 1992.
JAMES C. GILES
Clerk of Courts and CleFk ".': . '..
Ex-officio go Board
County Commissioners --: ~-.."
~y: /s/E~e Ho~fman ~"
Deputy Clerk ~'/"