§ 66-46. Payment of civil penalties; court appearances.

(a)

Any person issued a county parking citation pursuant to section 66-42 shall answer the citation by either of the following procedures within 20 calendar days after the date of issuance of the citation:

(1)

Payment of the penalty indicated on the citation may be remitted to the clerk of the circuit court, in accordance with the directions of such citation.

(2)

A hearing may be requested by the person receiving such citation or the cited motor vehicle's registered owner for the purpose of presenting evidence before a designated hearing official concerning the parking violation. Any person requesting a hearing shall execute a statement on form provided by the clerk indicating that person's willingness to appear at such hearing at a time and place specified thereon. Any person who requests a hearing and does not appear in accordance with such statement shall be subject to contempt proceedings or to such other penalties as the court may, in its discretion, impose to require compliance with this article.

(b)

Pursuant to the provisions of F.S. § 316.1967(3), an election to request a hearing constitutes a waiver of the right to pay the penalty indicated on the parking citation, and the hearing official, after such hearing and upon making a determination that a parking violation has been committed, may impose a fine not to exceed $100.00, plus court costs for each parking violation.

(c)

Upon receipt of a completed parking citation submitted by a deputy sheriff or parking enforcement specialist pursuant to section 66-42, and if there has been no response to the citation pursuant to subsection (a) of this section, the clerk shall notify the registered owner of the motor vehicle of the citation's issuance. Such notice shall be sent by certified mail, shall inform the registered owner concerning the nature and location of the parking violation, and shall require payment of the prescribed fine or require that a hearing be scheduled within ten days after receipt of such notice. If the notice is returned for the reason that the person to whom it was addressed refused to accept the notice, then notice, as required in this subsection, shall be served by a deputy sheriff. Any persons upon which service is obtained pursuant to this section who does not schedule a hearing or pay the prescribed fine, as directed by the certified notice, shall be subject to contempt proceedings or to such other penalties the court may, in its discretion, impose to require compliance with such notice. Any notice to show cause or contempt citation shall be served by a deputy sheriff.

(d)

Pursuant to the provisions of F.S. § 316.1967, a designated hearing official, after the requested hearing, shall make a determination as to whether a parking violation has been committed and may impose a fine not to exceed $100.00, plus court costs. A person fined, upon sufficient showing of financial inability to pay the fine, may request and be granted an extended period to pay the fine.

(Ord. No. 94-2, § 6, 5-26-94)