3317 ORDINANCE NO. 3317
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING CHAFFER 17, ARTICLE 11, SEC. 17-29 OF THE
SANFORD CITY CODE; PROVIDING FOR REFERRAL OF
PARKING INFRACTIONS TO A CIVIL TRAffIC
INFRACTION HEARING OFFICER; PROVIDING THAT THE
OWNER SHALL BE RESPONSIBLE FOR ILLEGAL
PARKING; PROVIDING FOR REMOVING, IMPOUNDING
AND IMMOBILIZATION OF VEHICLES BEARING
OUTSTANDING CITATIONS; PROVIDING FOR FINES AND
PARKING REGULATIONS; PROVIDING FOR
DEFINITIONS; AND PROVIDING FOR CONFLICTS,
SEVERABILITY AND EFFECTIVE DATE.
WHV~REAS, the City Commission of the City of Sanford, Florida, enacted Ordinance
3211, which Ordinance amended ordinance No. 3176, which Ord'mance amended Chapter 17, Axficle
IX of the Sanford City Code; and
NOW, THV~REFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: That Section 17-29, Article II, Chapter 17 of the Code of Ordinances of the
City of Sanford, Florida, is hereby amended to read as follows:
Sec. 17-29. Owner responsible for illegal parking.
Subject to Florida Statutes, Section 316.1967, no person shall allow, permit or suffer
any vehicle registered in their name to stand or be parked in any street, avenue or alley
in the city in violation of any of the provisions of this chapter or any other ordinance
of the city regulating the standing or parking of vehicles. Under the authority of
Florida Statutes, Chapter 316, the owner of a vehicle is responsible and liable for
payment of any violation under this chapter 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 notification of the parking violation, to furnish the name and
address of the person or company who leased, rented, or otherwise had the care,
custody, or control of the vehicle. The owner of a vehicle is not responsible for
parking violations 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. Prima facie evidence that 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, shall be in the form of a report from the appropriate law
enforcement official that the said vehicle was not under the care, custody, or control
of the owner of the vehicle.
Any person receiving a parking violation notice shall, within five (5) working days of
date of receipt of notice, pay the civil penalty as prescribed in section 17-31 of this
chapter or request a hearing before a Civil Traffic Infraction Hearing Officer of
Seminole County appointed under and governed by Florida Statutes, sections 318.30 -
318.38. Failure to pay the civil penalty as prescribed in Section 17-31 of this chapter
or to request a civil traffic infraction heating within five (5) working days of the date
of receipt of the parking violation notice will result in the imposition of a delinquent
fee as prescribed in the schedule set forth in section 17-31 in addition to the civil
penalty as prescribed in section 17-31. Failure to request a civil traffic infraction
hearing or pay fines incurred shall be considered an admission of gu'dt and is an
unlawful violation of this chapter, and shall result in one or all of the following:
immobilization of the vehicle, impounding the vehicle or hold on vehicle registration~
and/or mandatory court appearance in Seminole County Court.
SECTION 2: That Section 17-30.1(1), Article ]I, Chapter 17 of the Code of Ordinances of
the City of Sanford, Florida, is hereby amended to read as follows:
Sec. 17-30.1. Removing, impounding~ and immobilization of vehicles bearing
outstanding citations.
(1) Any motor vehicle found parked at any time upon any street or in any off-
street parking facility in the City of Sanford against which there is one (1)
outstanding parking violation notice for parking in a space designated for
disabled parking or five (5) or more outstanding parking violation notices for
other parking violations, for which no hearing has been requested within the
requisite time period, and for which a Notification of Parking Violation has
been mailed, may, by or under the direction of parking enforcement specialist,
be immobilized in such a manner as to prevent its operation. No such vehicle
shall be immobilized by any means other than by the use of a device or other
mechanism which will not damage such vehicle unless it is moved while such
device is in place.
SECTION :5: That Section 17-31 (2), Article II, Chapter 17 of the Code of Ordinances of
the City of Sanford, Florida, is hereby amended to read as follows:
Sec. 17-31. Fines for parking violations.
(2) P enalaes for nonpayment offines. If fines are not received within five (5)
working days from date of issuance of Citation, the registered owner shail be sent a
notice by mail advising owner of the outstanding parking violation(s) and unpaid
fine(s) to serve as officiai notification of the City's intent to do one, all or any
combination of the following if the fines are not paid within fourteen (14) calendar
days from issuance of citation:
(a) Hold placed on vehicle registration;
(b) Immobilization and/or impoundment of vehicle;
(c) Issue Summons for mandatory Court appearance.
SECTION 4: That Section 17-33(19), Article II, Chapter 17 of the Code of Ordinances of
the City of Sanford, Florida, is hereby amended to read as follows:
Sec. 17-33. Definitions.
(19) Parking Enforcement Specialist. An employee of the City of Sanford who has
complied with those requirements of Chapter 316, Fla. Stat. and who may exercise
those powers of enforcement granted by Florida Statutes, and/or any employee of the
City of Sanford, Florida, so designated by the Chief of Police to enforce the parking
regulations set forth by City Ordinance No. 3211, as amended.
SECTION 5: Conflicts. That all ordinances or parts of ordinances in conflict herewith be
and the same are hereby revoked.
SECTION 6: Severability. If any section or portion of a section of this ordinance proves
Ordinance No. 3317
to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect
of any other section or part of a section of this ordinance.
SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED this C~ day of X_~//~- , A.D. 1996.
ATTEST: ~4~Y'OR~'~' ~' ~
As the City Commission of the City
of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby cer~i[7
that a true and correct copy of the foregoin~ Ordinance No. 3317, PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the~ day of
/L~.~c:, , 1996, was posted at the front door of the City Hall in the City of
Sanford, Florida, on the/_~__~' day of X~Z~;~/, 1996.
~ Clerk of th~r~ity
of Sanford, Florida
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Ordinance NO. 3317