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O-236-C . CITY OF CLERMONT . CODE ORDINANCES NO. 236-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 driver is found parked, stopped, or standing,ih¡violation of any of the parking restric- tions imposed by the City, 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 agaínst 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 the owner of the motor vehicle to which the notice or citation was affixed, a letter inform- ing him of the violation, and warning him that in the event such letter is dïsregarded for a period of five (5) days a warrant of arrest will be issued. Fines on such notice shall be established by a resolution of the City Council. Sec. 23-11. Presumption in reference to illegal parking, operating, stopping, etc. In any prosecution charging a violation of any ordinance govern- ing 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 ordinance or regulation, together with proof that the defendant named in the complaint was at the time of such parking or operating the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the regis- tered 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 . CITY OF CLERMONT . CODE ORDINANCES NO. 236-C owner of the vehicle is required, within a reasonable time after notification of the parking violation, to furnish to the approp- riate law enforcement authorities the name and address of the person or comp~ny who leased, rented, or otherwise 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 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. 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 $100 plus court costs. 23-13. Parking signs and traffic control devices. The City Manager or his designated representative may place traffic con- trol 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 according to these stan- dards. The City Council shall decide all questions, conflicts, diffi- culties, 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 published as provided by law and it shall become law and shall take effect immediately upon its second reading and final passage. 2L~ /4 tIu ~j~. ' DAY OF I F I a..,¿,y COUNCIL OF THE CITY ~ CLERMONT: DAY/) Iì¡fLll (~~J3f3~ CHARLES B. BEALS, MAYOR 1983. FIRST READING THIS DAY OF 1983. SECOND READING THIS PASSED AND ORDAINED BY THE CITY LAKE COUNTY, FLORIDA THIS zLjtJu , 1983. ATTEST: W~&~Y CLE RK . CITY OF CLERMONT CODE ORDINANCES NO. 236-C CERTIFICATE OF PUBLICATION . I HEREBY CERTIFY that a certified copy of the foregoing ordinance 236-C was published one time between the first and second reading of said ordinance in a news paper of general circulation located within the City of Clermont, as required under the Charter of the Cit¥ of Clermont, Flo~a~ said ordinance having been published on the ~~h- day of , 'fl'! ' 1983. Æ~ SA~ CLERK