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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 . CITY OF CLERMONT . 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 . 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