§ 2-4-98. Enforcement and penalties.

(a)

The county may designate parking enforcement specialists to issue citations to violators of this article in accordance with the provisions of this article and F.S. section 316.1945, as the same may be amended. The office of the county sheriff shall also be authorized to enforce this article in accordance with the provisions hereof and F.S. section 316.1945, as the same may be amended, and in accordance with any other available, lawful means.

(b)

A violation of this article will result in a county fine of thirty dollars ($30.00) plus costs and/or fees and the disposition thereof shall be governed by the provisions of F.S. section 316.1967. If the person cited elects to have a hearing and an infraction is proved, the judge may impose a fine not to exceed one hundred dollars ($100.00) plus court costs. All fines collected under this article shall be returned to the Board of County Commissioners of Charlotte County. Sections 316.1945 and 316.1967, Florida Statutes, as amended, are hereby incorporated herein by reference. It shall be a defense to any violation under this section if the alleged violator had at the time the citation was issued a valid parking permit, receipt or pass.

(c)

Nothing contained within this section shall prohibit the county from enforcement of this article by any other available, lawful means.

(d)

The citation shall be in a form approved by the county administrator or designee and shall include language in substantially the following form stating that the violator, within thirty (30) days of the date of violation, must elect one (1) of the following options:

(1)

Pay the applicable civil penalty including costs to the Clerk of Court, Charlotte County Justice Center, Punta Gorda, Florida 33950. Payment may be made by mail or in person and payment should be made by money order or check payable to the clerk of court; and

(2)

If you desire a court hearing rather than paying the penalty, you must contact the clerk of court, traffic division. If you elect a hearing and an infraction is proved, the judge may impose a fine not to exceed one hundred dollars ($100.00), plus court costs.

(Ord. No. 92-57, §§ 3, 10, 11, 8-4-92; Ord. No. 92-33, §§ 1, 2, 5-11-93; Ord. No. 97-065, § 11, 7-22-97; Ord. No. 2004-004, § 7, 1-27-04; Ord. No. 2010-072, § 3, 11-23-10)