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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 ~'/"