Issuance of parking ticket, citations, or invoices; payment or contesting tickets, citations or invoices; requesting a parking division review

(a)

Any parking space, zone, lot or garage that captures vehicle tags by camera parking in a required payment space, zone, lot or garage parking division 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 the ticket to the vehicle's registered owner by mail, 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.

(b)

The parking ticket and parking violation invoice shall provide:

(1)

The date and time of the violation;

(2)

The issuance date if different than the date and time of the violation;

(3)

The name or identification number of the law, parking, or code enforcement specialist who issued the ticket or invoice;

(4)

A description of the violation;

(5)

The penalty amount;

(6)

The period of time in which it must be paid or set for a parking violation hearing before it is considered in delinquent status;

(7)

The vehicle information;

(8)

Information on how and where the ticket or invoice may be paid;

(9)

A photo of the tag captured; and

(10)

Information on how the ticket or invoice may be contested.

(c)

A person who wishes to contest a ticket without being assessed additional penalties or costs for delinquency shall complete and submit a written request for a parking violation hearing which must be received by the parking division within fourteen (14) calendar days of the date of the violation. A request for a parking violation hearing shall be on the form prescribed by the parking division. Requests shall include a complete name and address of the person contesting the hearing, and if available, a phone number and e-mail address. A copy of the parking ticket must be included with the request for a hearing. Upon such request, a notice of hearing will be issued, confirming the time and date of the hearing. A copy of the person's driver's license and vehicle registration, or other document acceptable to the city attorney's office, will be necessary to set a parking violation hearing. All contested parking violation hearings shall be heard by a hearing officer. The parking division shall send a notice of hearing which states:

(1)

The date, time, and location of a pre-scheduled parking violation hearing; and

(2)

That a person who elects to contest the ticket may be assessed a penalty if found in violation after a hearing by a hearing officer;

(3)

That a person who elects to contest a violation and then fails to appear at the parking violation hearing shall be deemed to have waived his or her right to a hearing and may be found in violation by default subject to a penalty), unless otherwise authorized or prohibited by law;

(4)

That unpaid violations will be in delinquent status and are subject to being sent to collections for payment;

(5)

That vehicles bearing license plates which are identified as belonging to owners who have tickets in delinquent status are subject to immobilization or impoundment as provided in this chapter.

(d)

The notice of hearing shall be sent by mail or e-mail to the person making the request for a parking violation hearing at the physical address or e-mail address provided in the request. A certification by the parking division that the notice of hearing was mailed to the physical address or e-mail address provided on a request for a parking violation hearing constitutes prima facie evidence that the person on the notice of hearing was served with the notice. Upon notification, the person requesting a parking violation hearing is required to comply with the directions on the notice of hearing or face a finding of violation due to default. Additional penalties or costs may be imposed by a hearing officer upon finding of a violation; however, a violation which was set for a parking violation hearing upon a timely requested parking violation hearing shall not be assessed fees for delinquency if timely paid after a finding of a violation.

(e)

A person who requests a parking violation hearing waives his or her right to pay the initial civil penalty amounts set forth in this chapter. The hearing officer, after a hearing, shall make a determination as to whether a parking violation has been committed and may impose a civil penalty unless otherwise authorized or prohibited by law, plus administrative costs.

(f)

The director, or their designee, will establish a parking division review procedure for requesting a preliminary review by the parking division of a parking ticket issued by the parking division or an immobilization and/or impoundment of a vehicle pursuant to this chapter. Any person wishing to request a parking division review shall complete a written request for a parking division review on the prescribed form by the parking division Within seven (7) calendar days of receiving a parking division review, the parking division will make a determination and mail or e-mail to the address provided in the parking division review a written notification of the determination to the person requesting the parking division review. The determination can affirm the issuance of the ticket or immobilization/impoundment, dismiss the ticket, or allow for a reduction in the penalty. For immobilization/impoundment, the determination shall either affirm the immobilization/impoundment, allow the release of the immobilization device without penalty, or complete a waiver of impoundment fees as may be appropriate. The request for a parking division review will not toll any time periods herein. The parking division review shall at a minimum allow review of an improperly written ticket, a malfunctioning pay station, a vehicle which has been sold or stolen and is no longer the property of the registered owner of the license plate affixed to the vehicle when the ticket was written, or a vehicle which was improperly immobilized and/or impounded. The director, or their designee, may establish procedures to allow affidavits to be submitted as described in F.S. § 316.1967. The burden shall be on the person challenging the validity of the parking ticket or immobilization and/or impoundment to the satisfaction of the director or designee. The director, or their designee, may dismiss or reduce a ticket.

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

State Law reference— Liability for payment of parking ticket violations and other parking violations, F.S. § 316.1967.