O-359-CCITY OF CLERMONT
ORDINANCE NUMBER 359-C
AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA
AMENDING CHAPTER 62, "TRAFFIC AND VEHICLES" ARTICLE II,
"STOPPING, STANDING AND PARKING" AMENDING SECTION 62-35,
"NOTICE ON ILLEGALLY PARKED VEHICLE" TO PROVIDE THAT
PARKING CITATIONS SHALL BE RESPONDED TO WITHIN TEN (10)
DAYS OF THE DATE OF THE CITATION; AMENDING SECTION 62-36,
"FAILURE TO COMPLY WITH NOTICE ATTACHED TO PARKED
VEHICLE" BY DELETING IT IN ITS ENTIRETY AND REPLACING IT
WITH NEW SECTION 62-36, "PENALTY FOR VIOLATION",
PROVIDING THAT PARKING FINES SHALL BE ESTABLISHED BY
RESOLUTION OF THE CITY COUNCIL; AMENDING SECTION 62-38
"LIABILITY FOR PAYMENT OF PARKING TICKET VIOLATIONS
AND HANDICAPPED PARKING VIOLATIONS", DELETING THAT AN
OWNER OF A VEHICLE ILLEGALLY PARKED IS NOT
RESPONSIBLE FOR THE TICKET EVEN IF THE VEHICLE WAS
BEING OPERATED WITH THE OWNER'S CONSENT; AND
PROVIDNG THAT THE FAILURE TO TIMELY PAY THE INITIAL
CITATION SHALL BE DEEMED A WAIVER OF THE RIGHT TO PAY
THE AMOUNT CONTAINED IN THE CITATION AND SHALL
SUBJECT THE VIOLATOR TO AN ADDITIONAL FINE UP TO $250
PER VIOLATION PLUS COURT COSTS; PROVIDING FOR
SEVERABILITY, CONFLICT, CODIFICATION AND AN EFFECTIVE
DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLERMONT, FLORIDA, as follows:
SECTION 1.
Chapter 62, Article II, Section 62-35, "Notice on illegally parked vehicle" is amended as follows
(note strikethrough indicates removed words and underlined indicates added):
Sec. 62-35. 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 pay the applicable fine or answer the charge against him within ten
(10) days, during the hours and at a place specified in the notice.
SECTION 2.
Chapter 62, Article II, Section 62-35, is amended by deleting old Section 62-35 "Failure to
comply with notice attached to parked vehicle" in its entirety and replacing it with new Section
62-35 "Penalty for violations" as follows (note strikethrough indicates removed words and
underlined indicates added):
Sec. 62-36. Penalty for violation.
The penalty amounts for violations of this article, including applicable late fees, shall be adopted
by resolution of the city council and on file in the city manager's office and at the police
department.
SECTION 3.
Chapter 62, Article II, Section 62-38, "Liability for payment of parking ticket violations and
handicapped parking violations." is amended as follows (note strikethrough indicates removed
words and underlined indicates added):
Sec. 62-38. Liability for payment of parking ticket violations and handicapped parking violations
(a) Any person issued a municipal 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
notify the registered owner of the vehicle which was cited, by certified mail, of the ticket. Upon
receipt of the notification, the registered owner shall comply with the court's directive.
(b) Should a person wish to contest a parking ticket, the issuing agency shall provide a request
for hearing to the person for completion. 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.
(c) Any person who fails to satisfy the court's directive and any person who elects to appear
before a designated official to present evidence shall be deemed to have waived his right to the
civil penalty provisions of the ticket. The official, after a hearing, shall make a determination as
to whether a parking violation has been committed and may impose a fine not to exceed $250.00
plus court costs.
SECTION 4. Severability.
It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions hereof.
SECTION 5. Conflict.
Any portion of the Clermont City Code or any ordinance or part thereof in conflict with this
ordinance is hereby repealed to the extent of such conflict.
SECTION 6. Codification.
The text of Sections 1, 2 and 3 of this ordinance shall be codified as a part of the Clermont City
Code. The codifier is authorized to make editorial changes not effecting the substance of this
ordinance by the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to
take such editorial license.
SECTION 7. Effective Date.
This ordinance shall be published as provided by law and shall take effect immediately upon its
Second Reading and Final Passage.
PASSED AND ADOPTED BY the City Council of the City of Clermont, Florida on this
10`t' day of June, 2008.
CITY OF CLERMONT
arold S. Turville, Jr., May r
Attest:
Tracy Ac oyd, City Cl rk
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