Loading...
Ordinance No. 57-79-8 v ORDINANCE NO. 57-79-8 AN ORDINANCE AMENDING CHAPTER 11 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH; SETTING FORTH PARKING VIOLATIONS; PROVIDING FOR PAYMENT OF PARK- ING FINES AND ISSUING SUMMONS; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that Chapter 11 of the Ordinance Code of the City of Atlantic Beach is amended by the insertion of Section 11-3 and to read as follows: SECTION 11.30. The Chief of the Public Safety Department shall have exclusive control of and shall have printed uniform traffic citations which shall be pre-numbered and which shall be issued to the Public Safety Officers. It shall be the duty of the Public Safety Officers to check on parking loca- tions for indications of illegal parking and to give the notice of the violation of parking ordinances regulating the parking of vehicles in any street block of the City. Notice of violation of a parking ordinance by Public Safety Officers shall be given by leaving a citation specifying the violation with the registered owner or operator of the vehicle or by attaching the citation to the vehicle if it is unattended. A duplicate copy of each such ticket shall be made and filed by the Public Safety Officer, with his signature affixed thereto, at the close of each days work, with the Chief of the Public Safety Department. SECTION 11.31. Violations and Schedule of Fines There is established the following schedule of fines to be assessed in cases of parking violations occuring in the City: (a) Parking in prohibited area - $5.00 (b) Parking at fire plug - $5.00 (c) Improper parking - $3.00 (d) Parking double - $5.00 (e) Obstructing traffic - $5.00 (f) Obstructing drive-way - $5.00 SECTION 11.32. Form of Citation Citations for violation of parking ordinances shall: (a) Be in writing and in the name of the City of Atlantic Beach; (b) Set forth substantially the nature of the offense and the number of the ordinance being violated; (c) State the date and time delivered; (d) Specify the license tag number of the vehicle causing the violation as well as the person cited if delivered in person; (e) Command the owner or operator of the vehicle causing the violation to pay to the Chief of the Public Safety Department the applicable fine as established by Section 2. (f) Be signed by the person issuing it. SECTION 11.33. Payment of Parking Fines (a) The Chief of the Public Safety Department is authorized to accept payment of a parking fine as specified on the parking citation and in accordance with the schedule of fines at any time before a summons is issued with respect thereto in person at his office or by mail. -2- The voluntary payment of a parking fine shall be deemed equivalent to the entry of a plea of guilty to the offense charged and a waiver of the right to a trial for purposes of this chapter. (b) Seven Day Period; Additional Notice and Costs. There is imposed on each person charged with violation of a parking ordinance who fails to pay the parking fine within seven days an additional cost of two dollars. If the Chief Public Safety Officer has not received payment of a parking fine within seven days after the delivery of the citation or if the violator has paid by U. S. Mail, and his payment is not postmarked within seven days after delivery of the citation, the Chief Public Safety Officer shall give written notice to the person in whose name the license tag on the vehicle is registered, as the case may be, by U. S. Mail at his last known address, that a summons will be issued unless the parking fine and two dollars additional cost is paid within thirty days from the date of the violation. (c) The Chief Public Safety Officer shall have the discretion of relieving the person named in the citation of paying the additional Two Dollars cost upon good cause being shown and documented by the Chief Public Safety Officer. (d) In the event the mailed notice cannot be delivered to the person named in the citation or if there is not available to the Chief Public Safety Officer sufficient or available local information on out-of-County and out-of-State vehicles, the Chief Public Safety Officer shall, after diligent effort to locate said person, make the citation uncollectible and permanently file same. (e) Issuance of Summons. If the Chief Public Safety Officer has not received voluntary payment of a parking fine within the above thirty day period, or if paid by mail, not postmarked within thirty days of the date of the original citation, he shall, based on the original citation, certify to the State Attorney by affidavit, the non-payment of the parking fine within the said thirty day period, who shall cause to have issued a summons commanding the person named in the citation or the person in whose name the license tag on the vehicle is registered, as the case may be, to appear before the County Court at a designated time and place not less than seventy-two hours after the delivery of the summons, unless another time and place is ordered by the Court. For the purposes of prose- cution in the County Court, the issuance of such summons shall constitute a docket entry. SECTION 11.34. Presumption of Motor Vehicle Ownership. For purposes of violation of a parking ordinance of the City, the specifi- cation of a motor vehicle license tag number on a citation for such violation, by an officer charged with enforcement thereof, shall be prima facie evidence that the motor vehicle is owned by the person in whose name the license tag is registered in the office of the appropriate agency of the state issuing the license tag. -3- SECTION 11.35. Disposition of moneys collected as fines. All fines and costs collected in accordance with the terms of this ordinance, shall be paid forthwith to the City Treasurer in a manner prescribed by said Treasurer. SECTION 11.36. Effective Date. This ordinance shall become effective immediately upon its passage on final reading. * * * * * * * * * * * * * * * Passed by the City Commission on First Reading May 28, 1979 Passed by the City Commission on Second Reading May 28, 1979 Passed by the City Commission on Third and Final Reading June 11, 1979 ATTEST: (SEAL) Adelaide R. Tucker, City Clerk