The URL can be used to link to this page

Home My WebLink About04-025ORDINANCE NO. 04-025 AN ORDINANCE AMENDING SECTION 1-20-32 (CIVIL PENALTIES) OF DIVISION 2 (HANDICAPPED, FIRE LANE~ PROPERTIES OWNED OR LEASED BY COUNTY, ROAD 9RIGHTS-OF-WAY OWNED OR LEASED BY STATE, PARKING PROHIBITED) OF ARTICLE II (STOPPING, STANDING AND PARKING) OF CHAPTER 1-20 (TRAFFIC)~ OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY~ FLORIDA BY PROVIDING FOR A FIVE DOLLAR ($5.00) SURCHARGE ON PARKING FINES TO FUND SCHOOL CROSSING GUARD PROGRAMS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY~, PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie Cc Florida, has made the following determinations: 1. Sections 125.01,316.006, and 316.008, Florida Statutes, gra~ Board of County Commissioners jurisdiction over the public streets, high' roadways, and parking areas in the unincorporated areas in St. Lucie C and all parking areas located on property owned or leased by the Count 2. On December 4, 1990, this Board adopted Ordinance No. 90- add Division II (Handicapped, Fire Lane, Properties Owned or Leas~ County, and Road Right-of-Way Owned or Leased by State) to Arti (Stopping, Standing, and Parking) of Chapter 1-2 (Traffic) of the St. County Code of Ordinances. The new Division II included Section 1- (Public Parking Spaces for Certain Handicapped Persons) and Section 1- (Civil Penalties) which established the requirements for parking in handio parking spaces and the fines for violating such requirements. unty, it the Mays, 3unty 34 to .~d by 'le iT Lucie ~_0-27 ~_0-32 ~pped 3. Section 318.21(11), Florida Statutes, provides that a count~/ may enact a surcharge on parking fines for the sole purpose of funding ~chool crossing guard programs, j .I WHEREAS, the Board has determined that the adoption of this Ordii~ance imposing a surcharge on parking fines for funding school crossing guard programs is in the best interest of the citizens of St. Lucie County, Florida. G: \A~I'Y\O RDNAN CE\2004\04-025.wpd Page I of 5 PART A. AMENDMENT OF SECTION 1-20-32 OF DIVISION I ARTICLE I OF CHAPTER 1-20 Section 1-20-32 of Division I of Article T of Chapter 1-20 of the Co Ordinances of St. Lucie County, Florida, is hereby amended to read as foil Section 1-20-32. Civil penalties. (a) Any person who stops, parks, or stands a vehicle in violation ¢ term of Section 1-20-27 of this division shall be deemed to be charged v noncriminal violation and shall be assessed a civil penalty of two hundre( and 00/100 ($250.00) dollars. Two and 00/100 ($2.00) dollars of this pe shall be credited to the Criminal Justice Trust Fund of St. Lucie County pup. to Section ~oA ~,~ o, =~-,.~-~j 938.15, Florida Statutes. One hundred fifty and 0C dollars ($150.00) of this penalty shall be used to provide funds for a phys disabled accessibility and public awareness program as follows: (1) One-third (1/3) to defray expenses for administration program. (2) Two-thirds (2/3) to provide funds to improve acces,~ and equal opportunity to qualified physically disabled pe in the county and to provide funds to conduct awareness programs in the county concerning phy disabled persons. (b) Any person who stops, parks, or stands a vehicle in violation term of section 1-20-28 of this division shall be deemed charged with a noncriminal violation and shall be assessed penalty of thirty-two dollars ($32.00). (c) Any person who stops, parks, or stands a vehicle in violation term of section 1-20-29 or 1-20-30 of this division shall be de to be charged with a noncriminal violation and shall be asse.' civil penalty of thirty-two dollars ($32.00). (d) (e) Each day any violation occurs or continues shall be a sel offense. The amount of any civil penalty specified in this section s~ increased by twelve dollars ($12.00) if payment is not recei~ [OF Je of ~WS' ~f the ~ith a fifty aalty ;uant ~/100 ically )f the ibility rsons )ublic ;ically Df the to be civil of the emed ;sed a )arate ,all be ,ed by 1',3 m G:\A-I-FY\ORDNANCE\2004\04-025.wpdPage 2 of 5 (f) (g) (h) the clerk within the described fourteen-day period after the d~ mailing of the notice issued pursuant to the terms of section 33(c). The owner of a vehicle is responsible and liable for payment parking ticket violations unless the owner can furnish evidence the vehicle was, at the time of the parking violation, in the custody, or control of another person. :In such instances owner of the vehicle is required, no later than fourteen (14) after the day that the certified notice of the parking violati mailed pursuant to section 1-20-33(d), to furnish to appropriate law enforcement authority issuing the ticket, the and address of the person or company who leased, rentc otherwise had the care, custody, or control of the vehicle. owner of a vehicle is not responsible for parking ticket violati the vehicle involved, was at the time, stolen or in the custody, or control of some person who did not have permiss the owner to use the vehicle. The person who is charged v violation of this section may not be convicted if, prior to or ~ time of his court or hearing appearance, he produces in court the clerk in which the charge is pending proof that at the tin' parking ticket was issued, the vehicle was stolen or in the custody,, or control of some person who did not have perm of the owner to use the vehicle. The clerk is authorized to di such case at any time prior to the defendant's appearance in, The clerk may assess a fee of five dollars ($5.00) for dismissir case under this section. The clerk of the court shall supply the Department of Hic Safety and Motor Vehicles with a magnetically encoded con: tape reel or cartridge which is machine readable by the ins computer system at the department, listing persons who ha~ outstanding violations of section 316.1955, section 316. Florida Statutes, or any similar local ordinance regulating pi in spaces designated for use by disabled persons. ~e of -20- any that :are, , the days on is the lame d, or The )ns if :are, on of ~ith a it the or to e the case, ssion ;miss :ourt. ~9 the hway ~uter tailed 'e any 1956, irking The amount of any civil penalty specified in this section s~all be increased by five dollars ($5.00) for the purpose of funding :'.chool crossinq guard programs. Such money shall be deposite in a newly Created School Crossing Guard Trust Fund. Such fun~ shall also be used to fund start-up costs and recurring adminisl-ative costs related to printinq new tickets or other means of G:\A'I-FY\ORDNANCE\2004\04-025.wpdPage 3 of 5 implementinq the school crossinq guard programs. Funds coil( from the surcharqe shall be distributed quarterly to fund the s( crossing guard training programs. PART B. SEVERABILITY. If any word, phrase, clause, section or portion of this ordinance sh; held invalid or unconstitutional by a court of competent jurisdiction, portion or words shall be deemed a separate and independent provisior such holding shall not affect the validity of the remaining portions therec PART C. EFFECTIVE DATE. This ordinance shall become effective upon filing with the Departm~ State. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy ordinance to the Bureau of Administrative Code and Laws, Department of The Capitol, Tallahassee, Florida 32304. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follow Chairman Paula Lewis Vice Chairman John Bruhn Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward AYE AYE ABSENT ABSENT AYE PART F. CODIFICATION. Provisions of this ordinance shall be incorporated into the Cc Ordinances of St. Lucie County, Florida, and the word "ordinance" m changed to "section", "article", or other appropriate word, and the secti this ordinance may be renumbered or relettered to accomplish such inte provided, however, that Parts "B" through "F" shall not be codified. G :\ATrY\O RDNANCE\2004\04-025.wpd Page 4 of 5 ~cted :hool ill be such ~and ~f. nt of this ;tare, S: de of ay be ,ns of ~tion; PASSED AND DULY ENACTED this 13m day of July, 2004. ATTEST: BOARD OF COUNTY COMMI'SST61~ ST. LUCZE COUNTY, FL~'DA · - C-h a i r n).~:(1 APPROVED AS TO,~FO'RM CORRECTNESS: BY: ~.~ County Attorney IERS 1"...3 G: \A~-FY\ORD NAN CE\2004\04-025.wpd Page 5 of 5