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Proposed Ordinance Amending Civil Penalties for Certain Parking Violations
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BRIEF OVERVIEW
The Parks and Recreation Department has implemented a new parking management solution for designated paid parking spaces throughout the parks system. In doing so, we have reviewed the existing Hernando County Parking Ordinance (Chapter 20) to determine current civil penalty structure.
In code Section 20-45. - Civil Penalties, we have determined that subsection (a.) - civil fine amount of $11.00 dollars and subsection (d.) - civil fine amount of $50.00 dollars, are both inconsistent civil penalties from the other subsections. They also appear substantially low and outdated.
It is therefore recommended that the civil fine for subsection (a.) and subsection (d.) each be increased to one hundred one dollars ($101.00) to apply a consistent fine structure to all parking violation penalties. The current code is copied below.
Sec. 20-45. - Civil penalties.
(a) Any person who stops, parks or stands a vehicle in violation of the terms of section 20-40 [General prohibition upon stopping, standing and parking in certain places] or 20-42 [fire lanes], but specifically excluding subsection 20-40(a)(9) [safety zones], (13) [failing to pay for designated paid parking spaces], and (14) [parking in right-of-way near school entrance drives before/after school] shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of eleven dollars ($11.00). [Staff recommends this fine be increased to $101.00.]
(b) Any person who stops, parks or stands a vehicle in violation of the terms of section 20-40 or 20-42 on county right-of-way or other property owned or leased by the county where a no-parking zone is additionally marked by "TOW-AWAY ZONE" signs conforming to the manual and specifications of the Florida Department of Transportation shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of one hundred one dollars ($101.00).
(c) Any person who stops, parks or stands a vehicle in violation of the terms of section 20-41 shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of one hundred one dollars ($101.00).
(d) Any person who stops, parks or stands a vehicle in violation of the terms of subsection 20-40(a)(13), regarding parking in any pay-designated parking space without paying the required fee, or subsection 20-40(a)(14), regarding stopping, standing and parking a vehicle in the vicinity of a school entrance, shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of fifty dollars ($50.00). [Staff recommends this fine be increased to $101.00.]
(e) Each day any violation occurs or continues shall be a separate offense.
(f) The amount of any civil penalty specified in this section shall be increased by sixteen dollars ($16.00) if payment is not received by the county within the described thirty-day period after the parking ticket.
(g) The owner of a vehicle is responsible and liable for payment of any parking ticket violations, except that the owner of a vehicle is not responsible for any parking ticket violations if the vehicle involved was reported as stolen at the time.
FINANCIAL IMPACT
Increased penalty amounts could result in increased fees collected by the County.
LEGAL NOTE
The Board has the authority to act on this matter pursuant to Chapter 125, Florida Statutes.
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RECOMMENDATION
It is recommended that the Board enact the proposed ordinance amendment to update the civil penalty provisions of the Hernando County Parking Ordinance as detailed above.