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HomeMy WebLinkAboutO-85-03ORDINANCE AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ENACTING A NEW ARTICLE III, TO CHAPTER 26, OF THE CODE OF ORDINANCES OF THE CITY, AND THEREBY TO ESTABLISH THE PROCEDURE FOR THE ENFORCEMENT OF NONMOVING TRAFFIC INFRACTIONS, WHICH ARE THE STOPPING, STANDING, AND PARKING PROHIBITIONS OF ARTICLES I AND II OF CHAPTER 26; ARTICLE III CONSISTS OF NEW SECTIONS 26-50, 26-51, 26-52, and 26-53; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION I That the Title of the New Article III is as follows: "ARTICLE III: NONMOVING TRAFFIC INFRACTIONS" SECTION II That a new Section 26-50 be added to the code of ordinances, which new Section reads as follows: "Sec. 26-50. Purpose. It is the intent of the City Council in the adoption of this Article III to decriminalize the violations of the stopping, standing, and parking provisions in Art- icles I and II of this Chapter 26, thereby facilitating the implementation of a more uniform and expeditious method for the disposition of municipal nonmoving traffic infractions." SECTION III That a new section 26-51 be added to the code of ordinances, which new section reads as follows: "Sec. 26-51. Definitions. The following words and phrases where used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires: (1) Infraction means a municipal noncriminal violation which is not punishable by incarceration and for which there is no right to a trial by jury or a court appointed counsel. (2) Cited means to notify a person that he has been charged with a municipal noncriminal infraction and must comply with the provisions of Article III of this Chapter. (3) Officer means any law enforcement officer charged with and acting under his authority to arrest persons suspected of, or known to be, violating statutes or ord- inances regulating traffic or parking or the operation of equipment or vehicles. "Officer" includes any individual employed by the police department who is acting as a parking enforcement officer without arrest powers. (4) Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading of property or passengers as may be permitted under this Chapter~" SECTION IV That a new Section 26-52 be added to the code of ordinances, which new section reads as follows: "Sec. 26-52. Municipal noncriminal traffic infractions; purpose. (1) Any person who violates a provision of Article I or II of this Chapter regarding a vehicle found parked, stopped, or standing, shall be deemed to have committed a municipal nonmoving and noncriminal infraction and shall be cited for such an infraction. (2) (a) Whenever any motor vehicle with a driver therein or thereby is found parked, stopped, or standing in violation of any of the provisions of Article I or II of this Chapter, the Officer finding the vehicle shall deliver to the driver therein or thereby a traffic citation or notice in writing on a form provided therefor. (b) Whenever any motor vehicle without a driver there- in or thereby is found parked, stopped, or standing in vio- lation of any of the said provisions of Articles I or II of this Chapter, the Officer finding the vehicle shall take its license number and may take any other information displayed on or by the vehicle which may identify its owner or operator, and shall conspicuously affix to the vehicle a traffic cit- ation or notice in writing on a form provided therefor. (c) Whenever a citation has been issued, the owner or driver of the vehicle must answer the citation or notice within seventy-two (72) hours of the issuance of the cit- ation or notice, during the hours and at a place specified in the citation or notice, or mail a check or money order as payment for the penalty by U.S. Mail. If said procedure is followed within seventy-two (72) hours, the penalty for a violation of the parking, stopping, or standing provisions of Article I or II of this Chapter is two dollars ($2.00), except for violations of "No Parking" provisions, in which case the penalty is ten dollars ($10.00). (d) If the operator or owner of the vehicle cited for violation of any of the stopping, standing, or parking provisions of this Chapter does not deliver or mail a check or money order in timely response to the citation or notice delivered or affixed to the vehicle pursuant to this Article, within a period of seventy-two (72) hours, the Police Depart- ment shall mail to the registered owner of the vehicle to which the citation or notice was affixed, a letter to inform the owner of the violation and that the owner must deliver or mail a check or money order in response to the said notice or citation within seven (7) days of the date of said letter, and that the penalty for the violation is then four dollars ($4.00), except for a violation of a "No Parking" provision, in which case the penalty is then fifteen dollars ($15.00). (e) If the registered owner fails to pay the proper penalty in full within the seven (7) days from the date of said letter, or fails to request a hearing within said seven (7) days in the manner provided in subparagraph (h), below, written notice of the violation shall be sent mailed to the registered owner of the vehicle in the name of the Traffic Violations Bureau of the Clerk of the County Court, Indian River County, Florida. The form of the notice shall be sub- stantially as follows: "You are hereby notified that a citation or notice, numbered , has been issued against the following vehicle registered in your name, to wit: (list the motor vehicle license number and a brief description of the vehicle). Pursuant to the Code of Ordinances of the City of Sebastian, Florida, Chapter 26, you have ten (10) days from the date of this notice to tender payment of ten dollars ($10.00), (twenty dollars ($20.00) if the violation is a "No Parking" violation). If the payment is not made in full within the time specified above, a summons for you to appear for a hearing before a County Court Judge, based on a sworn affidavit, will be issued. At the hearing you must answer to the charge and the Court will determine whether or not the cited infraction has been committed. If the commission of the infraction is proven, the County Judge may impose a civil penalty not to exceed two hundred and fifty dollars ($250.00)." Said notice mailed by certified or registered mail to the reg- istered owner to the address shown on the vehicle regis-. tration shall be sufficient and equivalent to notice hav- ing been received by the registered owner. (f) If the person notified fails to pay the proper penalty in full within the time stated, or fails to request a hearing in the manner provided for in subparagraph (h) below, the Clerk of the Court, based on a sworn affidavit, shall issue a summons to appear directed to the registered owner of the vehicle. Failure to appear at the specified time and place shall be deemed a contempt of said Court, which contempt may be punished as provided by the laws of Florida. (g) If the registered owner or operator of the vehicle pays the penalty prior to a finding by the Court of an in- fraction, such payment shall admit the infraction and shall waive any right to a hearing or any appeal. Such admission shall not be used as evidence in any other proceedings. (h) Any person cited for an infraction may elect to appear before a County Judge by requesting a hearing in writing. Said request shall be made at the place specified in the citation or notice. Said request must be made before a summons to appear is issued. (i) Any person electing to appear before a County Judge or who is required to appear, shall be entitled to a hearing to determine whether or not the cited infraction has been committed. If the commission of the infraction is found to have occurred by the Court, the County Judge may impose a civil penalty not to exceed two hundred and fifty dollars ($25O.O0). (j) The commission of a charged infraction at a hearing under this Article must be proven beyond a reasonable doubt. (k) If the cited infraction is found to have been committed, the violator may appeal' the Judge's finding to the Circuit Court." SECTION V That a new Section 26-53 be added to the code of ordinances, which new Section reads as follows: "Sec. 26-53. Evidence of identity of violator. (a) In any prosecution charging a violation of any pro- vision of this Chapter governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the citation or notice was stopped, standing, or parked in violation of any provision of this Chapter, together with proof that the operator of the vehicle was not present at the time that the citation or notice was affixed to the vehicle, or was present but did not identify himself as the operator, the individual, corporation or other entity in whose name the vehicle is registered shall be held prima facie responsible for the cited violation. (b) The provisions of paragraph (a), above, shall apply only when the notice or citation provisions for delivery or affixing the notice or citation to the vehicle have been followed." SECTION VI That Section 26-54 through Section 26-60 are Reserved. SECTION VII This Ordinance shall be effective immediately upon final passage by the City Council. I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, after Public Hearing thereon, on the 1985. /3~ day of i HEREBY CERTIFY that Notice of the Public Hearing on the foregoing Ordinance was published in accordinance with Section 166.041, Florida Statutes. ~ITY c~E RK/ '