Ordinance 11-11 – Approved

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[ Code of Ordinances ]
Ordinance 11-11 – Approved

ORDINANCE NO. 11-11

AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD COUNTY, FLORIDA, RELATING TO PARKING VIOLATIONS; AMENDING SECTION 15-25 RELATING TO PROCEDURES TO ENFORCE PAYMENT; PROVIDING A SEVERABILITY/ INTERPRETATION CLAUSE; PROVIDING FOR THE REPEAL OF CERTAIN INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, parking facilities are provided to meet the parking needs of residents and visitors; and

WHEREAS, fees and fines are imposed to ensure that these parking facilities can be provided in a safe manner so as not to burden the local taxpayer; and

WHEREAS, procedures need to be updated to be consistent with current technology and practices;

NOW, THEREFORE, BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF INDIALANTIC, FLORIDA:

SECTION 1. That Sec. 15-25 of the Town code of the Town of Indialantic, Florida, is hereby amended to read as follows:

Sec. 15-25. Procedures governing payment of civil penalties and proceedings to enforce payment for town parking violations.

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(d) If payment of the civil penalty is not received within the ten (10) day period after the notice described in subsection (c) of this section has been mailed, a computerized disk containing a list of the unpaid citations shall be submitted to an agency, designated by the Town Council, for further collection action. This disk will also contain citations for which the registered owners of the vehicles could not be determined by the state department of highway safety and motor vehicles.

(e) (d) The parking enforcement clerk shall not less often than once per calendar month , as periodically directed by the town manager, supply the state department of highway safety and motor vehicles with the registration records of persons who are not in direct compliance with subsection (a)(1) of this section within thirty (30) days of the issuance of the citation. a magnetically encoded computer tape reel or cartridge which is machine readable by the installed computer system at the state department of highway safety and motor vehicles which tape reel or cartridge lists persons who have three (3) or more outstanding parking violations. Said tape reel or cartridge shall be forwarded to the state department of highway safety and motor vehicles. Pursuant to section 316.1967, Florida Statutes, the department shall mark the appropriate registration records of persons so reported, and the provisions of section 320.03(8), Florida Statutes, shall apply to each such person whose registration records have been marked.

SECTION 2. Severability/Interpretation Clause. That it is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code. That in interpreting this ordinance, underlined words indicate additions to the existing text, and stricken through words indicate a deletion from existing text.

SECTION 3. Ordinances in Conflict. That all ordinances or resolutions or parts thereof that may be determined to be in conflict herewith are hereby repealed.

SECTION 4. Effective Date. This ordinance shall become effective immediately upon adoption.

PASSED by the Town Council on first reading on the _____ day of ______________, 2011, and adopted the Town Council on the final reading on the _____ day of __________, 2011.

TOWN OF INDIALANTIC

_________________________
David Berkman
Mayor
ATTEST:
(TOWN SEAL)
_________________________
Laura Eaton, CMC
Town Clerk