Chapter 636 - TRAFFIC AND PARKING

Sec. 634.108. - Teen Court Programs. Chapter 638 - OFFICIAL AND PUBLIC COURT REPORTERS Chapter 636 - TRAFFIC AND PARKING[1]

Footnotes: --- (1) ---

Cross reference— Traffic and parking, tit. XXIII.

State Law reference— Traffic control, F.S. Ch. 316; local parking violations, F.S. § 316.1967; civil traffic infraction hearing officers, F.S. § 318.30 et seq.

PART 1. - PARKING VIOLATIONS

Sec. 636.101. - Schedule of fines.

There is established the following schedule of fines to be assessed in cases of parking violations occurring within the City:

(a)

Parking truck over 5,000 lbs. in residential area (except while loading or unloading) pursuant to Section 656.411 .....$50

(b)

Improper parking pursuant to Section 802.104 .....20

(c)

Overtime parking pursuant to Section 802.105 .....15

(d)

Overtime parking on meter pursuant to Section 802.105 .....15

(e)

Charge for removal of immobilizing device attached pursuant to Section 802.112 .....50

(f)

Unattended conveyance pursuant to Section 804.633 .....25

(g)

Leaving ignition unlocked or keys in car pursuant to Section 804.638 .....20

(h)

Motor vehicles improperly licensed or having expired license tags pursuant to Section 804.708 .....25

(i)

Unlawful alteration of license tags pursuant to Section 804.709 .....200

(j)

Parking at fireplug pursuant to Section 804.1003 .....25

(k)

Parking in prohibited area pursuant to 804.1003 .....25

(l)

Obstructing traffic pursuant to Section 804.1004 .....25

(m)

Parking for certain prohibited purposes pursuant to Section 804.1006 .....25

(n)

Unauthorized parking in disabled parking space pursuant to Section 804.1012 .....250

(o)

Handicap parking permit misuse pursuant to Section 804.1012(b) .....250

(Ord. 73-215-83, § 1; Ord. 73-1489-760, § 1; Ord. 82-493-219; Ord. 83-591-400, § 1; Ord. 84-609-361, § 1; Ord. 1999-578-E, § 1; Ord. 2004-906-E, § 1)

Note— Former § 300.101.

Sec. 636.102. - Chief of Parking Facilities and Enforcement's duties.

The Chief of Parking Facilities and Enforcement shall have exclusive control of and shall have printed uniform traffic citations which shall be prenumbered or computer generated citations and which shall be issued to the parking enforcement specialists, the Sheriff's Office, the Disabled Services Division and the Jacksonville International Airport. The Chief of Parking Facilities and Enforcement shall employ parking enforcement specialists who shall have the duty to check all parking meters for indications of illegal parking, and to give notice of the violation of ordinances regulating the parking of vehicles in any parking space adjacent to a parking meter and the use of parking meters and, in any street block of the City in which parking meters are installed, all other ordinances regulating the parking of vehicles, whether parked in a space adjacent to a parking meter or not. Notice of a violation of a parking ordinance, by either a parking enforcement specialist, a law enforcement officer or personnel of the Disabled Services Division who are certified to issue parking citations, 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. For handwritten citations a duplicate copy of each citation shall be made and filed by the parking enforcement specialist, law enforcement officer, or personnel of the Disabled Services Division who are certified to issue parking citations, with his or her signature affixed to it, with the Chief of Parking Facilities and Enforcement, at the close of each day's work. Computer generated citations shall be electronically transferred to the main office for processing. The Chief of Parking Facilities and Enforcement shall provide to the Tax Collector a computer print-out of all parking citations issued on a daily basis.

(Ord. 73-1489-760, § 1; Ord. 83-591-400, § 1; Ord. 83-938-488, § 1; Ord. 98-182-E, § 1; Ord. 2005-59-E, § 1)

Note— Former § 300.102.

Sec. 636.103. - Form of citation.

Citations for violation of parking ordinances shall:

(a)

Be in writing or computer generated and in the name of the City, indicating the issuing agency.

(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 name of the person cited, when available, if delivered in person.

(e)

Command the owner or operator of the vehicle causing the violation to pay the Tax Collector the applicable fine, as prescribed by Section 636.101.

(f)

When hand written, a citation shall be signed by the issuing officer. A computer generated citation shall display the officer's identification number in lieu of a signature.

(Ord. 70-746-359, § 1.03; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-1489-760, § 1; Ord. 83-591-400, § 1; Ord. 83-938-488, § 2; Ord. 98-182-E, § 2)

Note— Former § 300.103.

Sec. 636.104. - Payment of parking citations and parking facility fees; late charges; final notice.

(a)

The Tax Collector is authorized to accept payment of a parking citation or parking facility fee ("fee invoice") as specified on the parking citation or fee invoice at any time at his/her office or by mail. The voluntary payment of a parking citation 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 the purpose of this Chapter. Any person receiving a parking citation shall, within 15 calendar days, pay the civil penalty as prescribed in Section 636.101 or request a court hearing. Failure to pay the civil penalty as prescribed in Section 636.101 within 15 calendar days of the issuance of the parking citation will result in the imposition of a late fee(s). Failure to set a court hearing date within 15 days of the issuance of the citation shall result in the waiver of rights to a court hearing.

(b)

There is a late fee of $10 imposed on each person charged with a violation of a parking ordinance who fails to pay the parking citation within 15 calendar days after issuance of the citation ("initial late fee"). If the Tax Collector has not received payment of a parking citation within 15 calendar days after the issuance of the citation, or if the violator has paid by United States mail and his payment is not postmarked within 15 calendar days after issuance of the citation, the Public Parking Officer (herein, "Public Parking Officer" shall mean the Public Parking Officer or their designee) may mail a notice ("notice"), if the address is on file, consisting of a $10 initial late fee with an additional $15 late charge ("additional late fee") if the parking citation has not been paid within 30 calendar days from the date of the original violation. The notice assessing the late charges to the person named in the citation (or to the person in whose name the license tag or the vehicle identification number on the vehicle is registered, as the case may be) will be mailed by United States mail to the last known address. All notices mailed by the Public Parking Officer pursuant to this subsection shall be promptly reported to the Tax Collector. This subsection shall also apply to persons charged with a violation of a parking ordinance whose cited vehicle carries a license tag registered out-of-County or out-of-State; provided, that the time period stated in this subsection has expired. For the purpose of this subsection, receipt of the original citation shall constitute sufficient written notice as required by this subsection and any additional correspondence is an optional courtesy. There shall however be no late fee applied to any outstanding fee invoices for parking in City facilities for the first 30 days. After the initial 30-day period the late fees shall be calculated at 50 percent of the original invoice amount, if paid within 60 days, and an additional 50 percent of the original invoice amount if paid thereafter.

(c)

(1)

Pursuant to F.S. § 318.18(6), the Public Parking Officer, law enforcement agency, or parking enforcement specialist or agency that has issued a citation for a violation of F.S. § 804.1012 shall waive all fines if a person provides proof that a person committing the violation has a valid permit or license plate issued pursuant to State law or a signed affidavit that the owner of the disabled parking permit or license plate was present at the time the violation occurred and that such parking permit or license plate was valid at the time the violation occurred. Upon provision of the affidavit of compliance or other proof to the issuing agency and payment of a dismissal fee of $7.50, the citation shall be dismissed by the issuing agency. The Clerk of Court may designate a local governmental entity to receive the affidavit and dismissal fee, and the local governmental entity may keep the dismissal fee.

(2)

The Public Parking Officer shall have the discretion of relieving the person named in the citation or fee invoice of paying the appropriate late charges, of voiding citations or fee invoices (including the costs of removing an immobilizing device), and of authorizing the payment of lesser fines or fees on citations or fee invoices upon good cause being shown to and documented by the Public Parking Officer. Actions taken by the Public Parking Officer under this subsection shall be reported to the Tax Collector.

(d)

In the event the mailed notice cannot be delivered to the person named in the citation or fee invoice, the Public Parking Officer may, after diligent effort to locate the person, including the use of collection agencies, mark the citation or fee invoice uncollectible as appropriate on the citation or fee invoice and permanently file it, or place this information in the data base. Action taken by the Public Parking Officer under this subsection shall be reported to the Tax Collector.

(e)

In the event there is not available to the Public Parking Officer sufficient information on a vehicle so as to enable the Public Parking Officer to locate the owner of the vehicle which received the citation or fee invoice, the Public Parking Officer may, after diligent effort (which may include the use of collection agencies, Florida Division of Motor Vehicle data base, out-of-State motor vehicle data base, or any other information deemed appropriate to locate said owner), mark the citation or fee invoice uncollectible and permanently file same, or place this information in the data base. Action taken by the Public Parking Officer under this subsection shall be reported to the Tax Collector.

(f)

The Public Parking Officer shall present an itemized list of citations and fee invoices, and with the written approval of the Director of Neighborhoods Department, be authorized to write-off all citations and fee invoices that are over one year old from date of issuance that have been determined to be uncollectible by being:

(1)

Returned as undelivered mail,

(2)

Unable to locate the owner in whose name the license tag or vehicle identification number on the vehicle is registered after having undertaken reasonable efforts to locate said owner to include contacting the Florida Division of Motor Vehicles when appropriate, and

(3)

Referred to a collection agency and the collection effort is no longer justified.

(Ord. 70-746-359, § 1.04; Ord. 70-650-526; Ord. 71-397-181; Ord. 75-922-448, § 1; Ord. 76-406-205, § 1; Ord. 83-591-400, § 1; Ord. 83-938-488, § 3; Ord. 84-609-361, § 3; Ord. 98-182-E, § 3; Ord. 2000-22-E, § 2; Ord. No. 2004-906-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-732-E; Ord. 2012-674-E, § 2; Ord. 2013-209-E, § 40; Ord. 2015-99-E, § 1; Ord. 2016-140-E, § 16)

Note— Former § 300.104.

Sec. 636.105. - Reserved.

Editor's note— The provisions of former § 636.105, relative to presumption of motor vehicle ownership, were deleted as part of the Super Supplement to the Code. Former § 636.105 derived from Ord. 73-1489-760, § 1; Ord. 83-591-400, § 1.

Note— Former § 300.105.

PART 2. - MINOR TRAFFIC OFFENSES

Sec. 636.201. - "Minor traffic offenses" defined.

For the purposes of Part 2, a minor traffic offense is the violation of a traffic ordinance provision within the jurisdiction of the County Court for which the maximum penalty does not exceed a fine of $300 or imprisonment for 30 days, or both.

(Ord. 69-746-359, § 2.01; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 300.201.

Sec. 636.202. - Schedule of fines.

The County Court Judges may, in their discretion, establish a schedule of fines to be assessed for minor traffic offenses. An order adopting a schedule shall be filed with the Clerk of the County Court.

(Ord. 69-746-359, § 2.02; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 300.202.

Sec. 636.203. - Appearance before County Court.

The appearance before the County Court of a person charged with a minor traffic offense shall be secured by citation or by arrest, in the discretion of the enforcement official.

(Ord. 69-746-359, § 2.03; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 300.203.

Sec. 636.204. - Form of citation.

Citations for minor traffic offenses shall:

(a)

Be in writing and in the name of the City.

(b)

Set forth substantially the nature of the offense.

(c)

State the date and time delivered.

(d)

Specify the name of the person summoned.

(e)

Command the person against whom the citation is issued to appear before the County Court at a designated time and place not less than 72 hours after the delivery of the citation, unless another time and place is ordered by the Court.

(f)

Be signed by the officer issuing it.

If the offense charged is included in a schedule of fines adopted by the Court, the officer may, in his discretion, state on the citation that a fine may be paid at the office of the Clerk prior to the day of the appearance date.

(Ord. 69-746-359, § 2.04; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 300.204.

Sec. 636.205. - Payment.

The Clerk of the County Court is authorized to accept payment of a fine for a minor traffic offense as specified on the citation and in accordance with the schedule adopted by the Court at any time before the appearance date on the citation, in person at his office or by mail. A payment shall be deemed made only when actually received by the Clerk before the day of the appearance date, except as otherwise ordered by the Court. The voluntary payment of a fine for a minor traffic offense 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 the purpose of this Chapter.

(Ord. 69-746-359, § 2.05; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 300.205.

PART 3. - TRAFFIC HEARING OFFICERS

Sec. 636.301. - Intent.

It is the intent of the Council that civil infraction traffic hearing officers, be appointed where the need arises due to excessive caseloads on County courts. These hearing officers shall follow the rules and procedures adopted by the Florida Supreme Court. The program shall be subject to supervision of the Supreme Court.

(Ord. 94-1077-654, § 1)

Sec. 636.302. - Reserved.

Editor's note— The provisions of former § 636.302, relative to jurisdiction and limitations, were deleted as part of the Super Supplement to the Code. Former § 636.302 derived from Ord. 94-1077-654, § 1.

Sec. 636.303. - Reserved.

Editor's note— The provisions of former § 636.303, relative to appeals, were deleted as part of the Super Supplement to the Code. Former § 636.303 derived from Ord. 94-1077-654, § 1.

Sec. 636.304. - Reserved.

Editor's note— The provisions of former § 636.304, relative to qualifications, were deleted as part of the Super Supplement to the Code. Former § 636.304 derived from Ord. 94-1077-654, § 1.

Sec. 636.305. - Reserved.

Editor's note— The provisions of former § 636.305, relative to term of office, were deleted as part of the Super Supplement to the Code. Former § 636.305 derived from Ord. 94-1077-654, § 1.

Sec. 636.306. - Reserved.

Editor's note— The provisions of former § 636.306, relative to a code of ethics, were deleted as part of the Super Supplement to the Code. Former § 636.306 derived from Ord. 94-1077-654, § 1.

Sec. 636.307. - Reserved.

Editor's note— The provisions of former § 636.307, relative to funding, were deleted as part of the Super Supplement to the Code. Former § 636.307 derived from Ord. 94-1077-654, § 1.

Sec. 636.308. - Reserved.

Editor's note— The provisions of former § 636.308, relative to nonseverability, were deleted as part of the Super Supplement to the Code. Former § 636.308 derived from Ord. 94-1077-654, § 1.

Sec. 634.108. - Teen Court Programs. Chapter 638 - OFFICIAL AND PUBLIC COURT REPORTERS