O-251-C
o
e- CITY OF CLERMONT .
CODE ORDINANCES
No. 251-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, AMENDING CHAPTER 23, TRAFFIC, REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY,
PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION.
THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT:
Chapter 23, Traffic, is hereby amended as follows:
SECTION 1.
Article II, Parking Violations and Traffic Control Devices is hereby
amended as follows:
Sec. 23-8. Forms and notices of citations, arrest or appearance.
The City shall provide forms for notifying alleged parking
violators to appear and answer to charges of violating parking
regulations. Such forms shall be issued to and receipted for by
the Chief of Police or other person acting for him. Parking
violations reports shall be public records.
Sec. 23-9. Notice on illegally parked vehicle.
Whenever any motor vehicle without a driver is found parked,
stopped or standing in violation of any of the parking restrictions,
the officer finding such vehicle shall take its registration number,
and may take any other information displayed on the vehicle which may
identify its user, and shall conspicuously affix to such vehicle a
traffic citation or notice in writing, on a form provided by the City,
for the driver to answer the charge against him within thirty-six (36)
hours, during the hours and at a place specified in the notice.
Sec. 23-10. Failure to comply with notice attached to parked vehicle.
If a violator of the restrictions on stopping, standing or parking
under these ordinances does not appear in response to a notice or
citation affixed to such motor vehicle within a period of thirty-six
(36) hours, the Police Department shall send by certified mail to the
owner of the motor vehicle to which the notice or citation was affixed,
a Notice of Failure to Comply which shall advise the owner that should
the provision of the ticket not be complied with in less than fourteen
(14) days, the parking ticket shall be submitted to the County Court
for enforcement.
Sec. 23-11. Pres~mption in reference to illegal parking, operating,
stopping, etc.
In any prosecution charging a violation regarding the stopping,
standing, parking or operating of a vehicle, proof that the particular
vehicle described in the complaint was parked or operated in violation
of any such ordinace or regulation, together with proof that the defen-
dent named in the complaint was at the time of such parking or operating
the registered owner of such vehicle, shall constitute in evidence prima
facie presumption that the registered owner of such vehicle was the
person who stopped, stood, parked or operated such vehicle at the point
where, and for the time during which such violation occurred.
Sec. 23-12. Liability for payment of parking violations.
The owner of a vehicle is responsible and liable for payment of
any parking ticket violation unless the owner can furnish evidence
that the vehicle was, at the time of the parking violation, in the
care, custody or control of another person. In such instances, the
owner of the vehicle is required, within a reasonable time after
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CITY OF CLERMONT
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CODE ORDINANCES
No. 251-C
Page -2-
notification of the parking violation, to furnish to the appropriate
law enforcement authorities the name and address of the person or
company who leased, rented or other wise had the care, custody or
control of the vehicle. The owner of a vehicle is not responsible
for a parking ticket violation if the vehicle involved was, at the
time stolen or in the care, custody or control of some person who
did not have permission of the owner to use the vehicle.
Any person issued a City parking ticket by a parking enforcement
specialist or officer shall be deemed to be charged with a noncriminal
violation and shall comply with the directions on the ticket. In the
event that payment is not received or a response to the ticket is not
made within the time period specified thereon, the County Court or its
Traffic Violations Bureau shall issue a summons to the registered owner
of the vehicle which was cited. Upon receipt of the summons, the
registered owner shall comply with the Court's directive.
Should a person wish to contest a parking ticket, the issuing
agency shall provide a Request for Hearing to the person for comple-
tion. Upon receiving a completed Request for Hearing the issuing
agency shall immediately forward the original to the Clerk of Court
who shall schedule the same on the next regular civil infraction
hearing date.
Sec. 23-13. Parking signs and traffic control devices.
The City Manager or his designated representative may place traffic
control devices or other parking or traffic regulatory signs in the
City of Clermont according to the standards or warrants of the State
Manual of Uniform Traffic Control Devices and State Law. The City
Council has the authority to request that such signs be placed accord-
ing to these standards. The City Council shall decide all questions,
conflicts, difficulties and disputes which may arise relative to the
interpretation of this section.
SECTION 2.
All ordinances or parts of this ordinance in conflict herewith
are hereby repealed.
SECTION 3.
Should any section or part of this section be declared invalid by
any court of competent jurisdiction, such adjudications shall not
apply to or affect any other provision of this ordinance, except to
the extent that the entire section or part of the section may be
inseparable in meaning and effect from the section to which such
holding shall apply.
SECTION 4.
This ordinance shall be
become law and shall take
and final passage.
published as provided by law and it shall
effect immediately upon its second reading
SECOND READING THIS
28'/11..
2 (p ¥-It.
DAY OF
t;;:¡
, 1987.
, 1987.
FIRST READING THIS
DAY OF
.
CITY OF CLERMONT
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CODE ORDINANCES
No. 251-C
Page -3-
PASSED AND ORDAINED BY
COUNTY, FLORIDA, THIS
ATTEST:
E~~'
THí1ìtTY COUNCIL OF THE CITY OF CLERMONT, LAKE
Z. DAY OF 7f(~ ' 1987.
~~~
CITY CLERK
CERTIFICATE OF PUBLICATION
I HEREBY CERTIFY that a certified copy of the foregoing ordinance
251-C was published one time between the first and second reading of
said ordinance in a newspaper of general circulation located within
the City of Clermont, as required under the Charter of the City of
Cler~9nt, Florida~aid ordinance having been published on the
{VI. day of "lal..f ,1987.
. é¢TY CLERK