Providing notice of violation; citation and invoicing; enforcement; payment options; parking division review; hearings

(a)

Notice of violation under this chapter shall be provided through the issuance of a parking ticket or a parking violation invoice.

(b)

Parking tickets may be issued by a law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this chapter or F.S. Ch. 316. Parking tickets are to be on a form approved by the parking division and issued to a vehicle as identified by the license plate number, vehicle identification number, or with other specificity to ensure the vehicle in violation can be identified. Parking tickets may be delivered to the person determined to be operating or in control of the vehicle if attended; or if the vehicle is unattended, attached to the vehicle in a conspicuous place.

(c)

Uniform traffic citations prepared by the Florida Department of Highway Safety and Motor Vehicles may not be issued by being attached to an unattended vehicle. A uniform traffic citation shall not be used for a parking violation of the Code.

(d)

Nothing herein shall be interpreted as preventing the enforcement of any violation of Florida Statutes or any Hillsborough County Ordinance through other means of enforcement or in conjunction with any other enforcement methods including City Code.

(e)

The parking division may establish camera enforced parking to allow the capture of parking violations within the city as authorized under this section. Camera enforced parking shall only be utilized after approval by the director. Camera enforced parking shall be permitted as follows:

(1)

Camera enforced parking violation penalties shall be the same as if enforced in person with the exception that administrative costs may be established by resolution and included with the penalties and included in the parking violation invoice.

(2)

Camera enforced parking areas must allow for at least a fifteen (15) minute grace period upon entry before any parking charges may be incurred, provided that the motor vehicle does not park at that time.

(3)

The parking division shall identify any area in which camera enforced parking occurs by placing signage that is legible and clearly visible to persons entering the area used for camera enforced parking. The signage must state that the property is operated by the parking division, list the rates for parking charges for violations, provide a working phone number and e-mail address to receive inquiries and complaints, and provide notice of the grace period and appeal process provided by this chapter.

(4)

Camera enforced parking invoices must be placed on the motor vehicle as provided in this section or mailed by first-class mail within five (5) business days of the violation. A delinquency fee may not be assessed until expiration of the payment periods under this section. The mailing of the invoice constitutes notification.

(5)

In addition to other required information under this section, camera parking enforced invoices shall state that the registered owner has a right to review the photographic or electronic images or the streaming video evidence that constitutes a rebuttable presumption against the owner of the vehicle. The invoice must provide instructions for viewing the evidence of the violation.

(6)

If the registered owner or co-owner of the motor vehicle, or the person designated as having care, custody, or control of the motor vehicle at the time of the violation, or an authorized representative thereof, initiates a proceeding to challenge the violation, such person waives any challenge or dispute as to the delivery of the camera enforced parking invoice.

(7)

The photographic or electronic image or streaming video of a camera enforced parking violation is evidence that a violation occurred and is admissible in any proceeding to enforce the violation and raises a rebuttable presumption that the motor vehicle named in the parking violation invoice or shown in the photographic or electronic image or streaming video evidence was used in violation if it shows the clear entry and exit of the vehicle and violation of the grace period along with evidence being presented that payment was not made.

(8)

Unless placed on the vehicle, violations captured through camera enforced parking will result in the issuance of a parking violation invoice to the registered owner of the motor vehicle involved in the violation by first-class mail to the address of the registered owner. In the case of joint ownership of a motor vehicle, the invoice shall be mailed to the first person appearing on the registration, unless the first name is a business organization, in which case the second name appearing on the registration may be used. The owner of a leased vehicle is not responsible for paying the camera enforced parking invoice and is not required to submit an affidavit as provided in the chapter if the name on the registration is in the name of the lessee of such motor vehicle.

(9)

For the issuance of tickets and citations in-person, a law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this chapter or other law may issue a parking ticket form as may be used by the parking division to a vehicle as identified by the license plate number, vehicle identification number, or with other specificity to ensure the vehicle in violation can be identified and deliver it to the driver; or if the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place, except that a uniform traffic citation prepared by the Florida Department of Highway Safety and Motor Vehicles may not be issued by being attached to an unattended vehicle. A uniform traffic citation shall not be used for a parking violation of the Code.

(10)

For the issuance of invoice by mail, a law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of "non-payment" of this chapter or other law may issue an invoice via mail to the vehicle owner as identified by the license plate number, vehicle identification number, or with other specificity to ensure the vehicle in violation can be identified and deliver the invoice to the vehicle's registered owner by mail.

(11)

Parking violation invoices: May be issued by a parking enforcement specialist utilizing the following procedures along with any rules adopted by the director:

A.

Review the approved camera playback system and verify a violation;

B.

Verify the registered owner;

C.

Confirm the date, time, location and all required information is identified on a parking violation invoice; and

D.

Issue a parking violation invoice as provided under this section.

(Ord. No. 2025-43, § 2 (Exh. A), 4-17-2025)

State Law reference— State uniform traffic control, F.S. Ch. 316.