Ordinance 91-074 ORDINANCE NO. 91-
AN ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 80-47 BY REVISING SECg'!ON SIX
PUBLIC PARKING SPACES FOR CERTAIN
ED PERSONS; REVISING SECTION SEVEN
PENALTIES; PROVIDING FOR CONFLICT
SEVERABILITY; AND BY PROVIDING AN
DATE.
Section 316. 1955, Florida Statutes, requires
counties having Jurisdiction over street parking or publicly
owned and operated parking facilities to provide a minimum
n~m~er of specially designed and marked motor vehicle parking
spaces for the exclusive use of those severely physically
~.i.~ . disabled individuals who have permanent mobility problems that
~ substantially impair their ability to ambulate and who have
been issued an exemption entitlement parking permit pursuant to
'~ Section 316.1958 or Section 320.0848, Florida Statutes; and
WHEREAS, Section 316.1956, Florida Statutes, requires any
~.~.. commercial real estate property owner offering parking for the
general public to provide specially designed and marked motor
· .~ vehicle parking spaces for the exclusive use of physically
disabled persons; and
... WHEREAS, Sections 316.1955 and 316.1956, Florida Statutes,
provide specific enforcement procedures for violations of these
i:,.. '-' Sections; and
· WHEREAS, the Board of County Commissioners has determined
,~' the penalties provided in Collier County Ordinance No. 80-47,
:'~ as amended, are not effectively operating as a deterrent to
parking violations and do not adequately cover the adminis-
trative cost of enforcing the ordinance.
~:~.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Section Six, Public Parking Spaces for
Certain Handicapped Persons of Collier County Ordinance No.
~ 80-47, as amended, shall be amended as follows:
A. No person shall park any vehicle or bicycle in any
public parking space located on County owned or
Words underlined are added; words s~ek-~h~,½ are deleted.
'i,!:. leased pruperty or private property within the
unincorporated areas of Collier County, Florida when
~.,'! such public parking space has been designated for the
~i~ use of handicapped persons, unless such person is a
:". handicapped person as defined in this Ordinance or
:;" unless such person is momentarily parking in such
' parking place for the purpose of unloading or loading
a handicapped person as defined herein. All Darkin=
~' spaces provided for the phYsicallY disabled after the
effective date of this ordinance must be marked by
~.:v'~ the owner of the Darkin~ facility in accordance with
:" state statutes and a si~n must be Posted statin~ that
".i' there is a two hundred and fifty dollar ($250.00~
fine for ille~allv Darkin~ in the space. However.
failure on the owner's Dart to Dost the fine for
/..'~ illegally Darkin~ in a handicapped space shall not
' release the violator of their obli~ation to DaY the
~;~..
· ~,~ B. Whenever a law enforcement officer or a Darkin~
i~.~.' specialist finds a vehicle in violation of Section
,, .. 316.1955(5). Florida Statutes. the officer shall:
~'~..:.
'~.!' ~1~ Have the vehicle in violation removed to any
lawful Darkin~ space or facility or reouire the
' operator or oth~ perspn in charge of th9 vehicle
~.'~' immediately to remove the unauthorized vehicle
'~]' from the Darkin~ sp~e. Whenever any vehicle is
':~ removed bv a law enforcement officer. Darkin~
enforcement specialist, or a~encv to a storaue
'~., lot. ~ara~e. or other safe Darkin~ space, the
cost of such remova~ a~d parkinq shall be a lie~
~: a~ainst the vehicle.
~i (2~ Charge the operator or other oerson in charge o~
., the vehicle iD violation with a noncrimin~%
:~ traffic infraction, punishable as provided i~
:,~/ Section Seven of this Ordinance.
:'-. Words underlined are added; words s~k-~h~o~h are deleted.
C. Violation of Section $16.1956, Florida Statutes,
shall be ~gpishable as provided in Section Seven of
this Ordinance.
SECTION TWO: Section Seven, Penalties of Collier County
Ordinance No. 80-47, as amended, shall be amended as follows:
A. Pursuant to Section 318.14, Florida Statutes, any
person cited for a violation of Sections Five and Six
of this Ordinance, shall be deemed to be charged with
a noncriminal violation and shall be assessed a civil
penalty according to the following schedule:
(1) ~enty-fivs ($25.00) dollars for a violation of
'Subsection One-H of Section Five, e~ and two
hundred and fifty dollars ¢S250.00~ for violation
of Section Six of this Ordinance.
The fines collected for violatina Section Six of
this Ordinance shall be used in the followin~
manner:
{al One-third to be used to defray e)coenses for
administration.
~bl T%;o-thirds to be used to provide funds tO
improve accessibility and eaual OPPortunitY
tO oualified PhYsicallY disabled persons i~
the county and to Provide funds to cond~t
public awareness Droarams in the county
concernina Dhvsicallv disabled persons.
(2) P~ve-~Ss~ee~ Ten {$10.00) dollars for a violation
of all remaining Subsection~ of Section Five of
this Ordinance.
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
Words ~are added; words s~r~ek-~h~o~h are deleted.
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 by Certified Mail
pursuant to Subsection D of Section Nine of this
Ordinance.
SECTION THREE. 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 affsct.~he validity, of the remaining portion.
SECTION FOUR. 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.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 13th day of
Au~us t , 1991.
A ST: ..
/JAMES'.C. GILES, Clerk BOARD OF COUNTY COMMISSIONERS
~ .. OF COLLIER COUNTY, FLORIDA
";].'~'. / '~'~'/ BY:PATRICIA ANNE GOODNIGHT~
"4: ".. Chairman
i°'APproyed as to form and
': legal .sufficiency: (-~
Richard D. Yovanovich Th~ om~mc~ filed wl~ ~e
Assistant County Attorney S~c~ of ~l'ate's Office/h~
4
Words underlined are added; words s~ruek-th~ough are deleted.
?' STATE OF FLORIDA )
OF COLLIER ) ?;'
~:. ~ I, JAMES C. GILES, Clerk of Courts tn and for the
~ . Twentieth Judicial Circuit, Collier County, Florida, do
· hereby certify that the foregoing is a true copy of:
Ordinance No. 91-74
.?:"Which wal adopted by the Board of County Commissioners on
the 13th day of August, 1991, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 20th
day .of. August, 1991.
· .~ .~ / .
JAMES C GILES
Clerk of Courts and Cle~ .. ~'.
Ex-officio to Board of.'.;' :
County Commissioners :~' -.
auree '
Deputy Clerk