§ 20-13. Disabled parking regulations.

(a) Prohibitions.

(1) It is unlawful for any person to stop, stand, or park a vehicle within, or to obstruct, any such specially designated and marked parking space provided in accordance with F.S. § 553.5041, unless the vehicle displays a disabled parking permit issued under F.S. § 316.1958 or F.S. § 320.0848 or a license plate issued under F.S. § 320.084, F.S. § 320.0842, F.S. § 320.0843, or F.S. § 320.0845 and the vehicle is transporting the person to whom the displayed permit is issued. The violation may not be dismissed for failure of the marking on the parking space to comply with F.S. § 553.5041 if the space is in general compliance and is clearly distinguishable as a designated accessible parking space for people who have disabilities. Only a warning may be issued for unlawfully parking in a space designated for persons with disabilities if there is no above-grade sign as provided in F.S. § 553.5041.

(2) Whenever a law enforcement officer, a parking enforcement specialist, or the owner or lessee of the space finds a vehicle in violation of this subsection, that officer, owner, or lessor shall have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever any vehicle is removed under this section to a storage lot, garage, or other safe parking space, the cost of the removal and parking constitutes a lien against the vehicle.

(3) A law enforcement officer or a parking enforcement specialist has the right to demand to be shown the person's disabled parking permit and driver's license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be charged with resisting an officer without violence, as provided in F.S. § 843.02.

(4) It is unlawful for any person to obstruct the path of travel to an accessible parking space, curb cut, or access aisle by standing or parking a vehicle within any such designated area. The violator is subject to the same penalties as are imposed for illegally parking in a space that is designated as an accessible parking space for persons who have disabilities.

(5) Any person who is chauffeuring a person who has a disability is allowed, without need for a disabled parking permit or a special license plate, to stand temporarily in any such parking space, for the purpose of loading or unloading the person who has a disability. A penalty may not be imposed upon the driver for such temporary standing.

(b) Penalties. If a vehicle is found to be in violation of these regulations, a law enforcement officer or parking enforcement specialist shall place a written notice of violation upon such vehicle notifying the owner, operator, or person of the violation and instructing the owner, operator, or person to pay, within thirty (30) days after the time the notice is attached to the vehicle, the mandatory fine of one hundred dollars ($100.00) to the police department in full satisfaction of the violation. 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 of violation shall contain directions as to the procedure for paying the fine or obtaining a hearing.

(c) Dismissal of fine. Any owner, operator, or person issued a notice of violation who has failed to properly display an approved and valid special license plate or parking permit may have the fine of one hundred dollars ($100.00) dismissed by presenting the approved and valid special license plate or parking permit to the police department and paying a five dollar ($5.00) administrative dismissal fee.

(Ord. No. 2005-21, § 1, 6-21-05)