§ 20-11. Parking in business districts.

(a) Designation of timed parking spaces. The city manager is hereby authorized and directed to designate timed parking spaces upon the public streets, highways, or roads and property owned, leased or otherwise used by the city. This designation shall include the hours of enforcement.

(b) Signs. The city manager shall direct the placement of signs designating the time limits for parking. The placement of these signs shall be considered reasonable notice for such parking limitations.

(c) Parking time limits. It shall be unlawful for any owner, operator, or person to cause or permit a vehicle to be parked within a timed parking space beyond the posted time limitation designated by the city manager. A separate notice of violation for overtime parking shall be issued for each time period during which a violation occurs in a 24-hour period. By a majority vote, the city commission shall have the right to increase or decrease the length of time designated by the city manager for particular locations within the city.

(d) Penalties.

(1) First through fourth violation in a twelve-month period. A violation of the overtime parking regulations contained in this section shall be subject to a fine in the amount of twenty-five dollars ($25.00) for the first through fourth violation in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a law enforcement or parking enforcement officer. The violation shall be subject to a fine of fifty dollars ($50.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(2) In excess of four violations in a twelve-month period. A violation of the overtime parking regulations contained in this section shall be subject to a fine in the amount of fifty dollars ($50.00) for each violation in excess of four (4) violations in a twelve-month period if paid within ten (10) days from the date a notice of the violation is placed upon the vehicle by a law enforcement or parking enforcement officer. The violation shall be subject to a fine of one hundred dollars ($100.00) if paid more than ten (10) days after the time when such notice was attached to the vehicle, but not later than thirty (30) days following the attachment of the notice. If the owner, operator, or person chooses to contest the notice of violation, the owner, operator, or person must contact the clerk of the county court within the thirty-day period and request a court hearing. If the owner, operator, or person fails to pay the fine or contact the clerk within the thirty-day period, the police department is hereby authorized to deliver the violation to the clerk of the county court for formal prosecution. The notice shall contain directions as to the procedure for paying the fine or obtaining a hearing.

[(e) Reserved. ]

(f) Waiver of fine. Any fine that may be assessed in the enforcement of the provisions of this section may be waived for extraordinary or extenuating circumstances as determined by the chief of police or his or her designee. A copy of the notice of violation and a written explanation of the reason for the waiver shall be filed with the official records of the city clerk within twenty-four (24) hours after granting the waiver.

(Ord. No. 2005-21, § 1, 6-21-05)