§ 30-447. Penalty for misuse of specially marked parking spaces.

It is unlawful for any person to stop, stand, or park a vehicle within any parking space designated with an above-grade sign bearing the international symbol of accessibility or the caption "PARKING BY DISABLED PERMIT ONLY," or with both such symbol and caption, unless such vehicle displays a parking permit issued pursuant to Section 316.1958, Florida Statutes, or Section 320.0848, Florida Statutes, and such vehicle is transporting a person eligible for the parking permit. However, any person who is chauffeuring a person eligible for a disabled parking permit shall be allowed, without need for an identification parking permit, momentary parking in any such parking space for the purpose of loading or unloading a disabled person. No penalty shall be imposed upon the driver for such momentary parking. Whenever a law enforcement officer or a parking enforcement specialist finds a vehicle in violation of this section, that officer shall:

(1)

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 by a law enforcement officer, parking enforcement specialist, or agency to a storage lot, garage, or other safe parking space, the cost of such removal and parking shall be a lien against the vehicle.

(2)

Charge the motor vehicle owner in violation with a noncriminal traffic infraction.

(a)

Whenever evidence shall be presented in any court of the fact that any automobile, truck, or other vehicle was found to be parked in a properly designated handicapped parking space in violation of this section, it shall be prima facie evidence that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the Division of Motor Vehicles.

(b)

Violators of this article shall be punished by a mandatory fine of two hundred fifty dollars ($250.00).

(c)

All fines collected in excess of twenty-five dollars ($25.00) for each violation shall be deposited in a separate account to be used in the following manner:

(i)

One-third to be used to defray expenses for the administration of this article.

(ii)

Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons and to provide funds to conduct public awareness programs concerning physically disabled persons.

The two-thirds shall be distributed in the following manner:

Thirty (30) percent to be retained by the County for county-wide purposes in accordance with state law, and seventy (70) percent to be allocated to the governmental entity having jurisdiction over the violation.

(iii)

To be eligible to receive funds each participating city would be required to submit an affidavit sworn by the chief administrative official which would assure that these funds would be used in accordance with state law. Monies not distributed to a city because of the failure of such city to submit an affidavit shall be placed in a fund for disbursement to other cities which have submitted affidavits in proportion to the percentage of citations issued by the complying city.

All fines collected in excess of twenty-five dollars ($25.00) for each violation of Section 30-292(1)(a)12., shall be eligible for inclusion in the fund described in Section 30-447(2)(c).

(Ord. No. 87-39, § 1, 6-16-87; Ord. No. 92-75, § 1, 7-21-92; Ord. No. 08-18, §§ 1, 2, 2-7-08; Ord. No. 15-106, § 1, 10-6-15)