Ordinance 2007-007 Chapter 168 Violations and Hearing Board
ORDINANCE NO. 2007-007
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING, RESTATING AND SUPERSEDING, IN ITS
ENTIRETY, CHAPTER 168 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE; PROVIDING
FOR AN INCREASED SCHEDULE OF FEES FOR
PARKING VIOLATIONS; PROVIDING PROCEDURES
AND REQUIREMENTS FOR CONTESTING PARKING
CITATIONS; PROVIDING PROCEDURES UPON NON-
COMPLIANCE WITH PARKING CITATIONS;
PROHIBITING VEHICLES FROM BEING OFFERED FOR
SALE IN ROAD RIGHTS-OF-WAY; PROVIDING FOR AN
OCOEE POLICE INFRACTION HEARING BOARD TO
CONDUCT HEARINGS REGARDING CONTESTED
PARKING CITATIONS AND TO DETERMINE WHETHER
A PARKING VIOLATION WAS COMMITTED; IMPOSING
A FIVE-DOLLAR SURCHARGE ON ALL PARKING FINES
AND CIVIL PENALTIES FOR PARKING VIOLATIONS TO
FUND A SCHOOL CROSSING GUARD PROGRAM;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authoritv. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of
Florida and Chapters 166 and 318, Florida Statutes.
SECTION 2. Chanter 168. Chapter 168 of the Code of Ordinances of the City
of Ocoee, Florida is hereby amended, restated and superseded, in its entirety, to read as follows
(with deletions stricken and additions double underlined):
See Exhibit A" attached hereto and by this reference made part
hereof.
SECTION 3. Codification. It is the intention of the City Commission of the
City that the provisions of this ordinance shall become and be made a part of the Code of
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Ordinances of the City; and that sections of this ordinance may be renumbered or re-Iettered and
the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate
word or phrase in order to accomplish such intentions; and regardless of whether such inclusion
in the code is accomplished, sections of this ordinance may be renumbered or re-Iettered and the
correction of typographical errors which do not affect the intent maybe authorized by the City
Manager, without need of public hearing, by filing a corrected or re-codified copy of same with
the City Clerk.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Effective Date. This Ordinance shall become effective on June 1,
2007.
[REMAINDER OF P AGE INTENTIONALLY LEFT BLANK]
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PASSED AND ADOPTED this 151H dayof M()..y ,2007.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
AND L~ALITY A A .
this Is day of I v\Q y ,2007.
- /
::LV;;:J(W
City Attorney
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APPROVED:
CITY OF OCOEE, FLORIDA
ADVERTISED M (). 'f (p , 2007
READ FIRST TIME I M IA.V I , 2007
READ SECOND TI~OPTED
, 2007
UNDE AGENDA ITEM NO. I 0
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EXHIBIT" A"
CHAPTER 168
VEmCLES AND TRAFFIC
ARTICLE I
General Provisions
~ 168-1. Adoption of provisions.
The Florida Uniform Traffic Control Law, Chapter 316 of the Florida Statutes, as amended and
as it will continue to be amended, is hereby adopted by the city, and its provisions shall control
traffic within the city.
~ 168-1.1. Definitions.
The definitions set forth in FS ~ 316.003, as from time to time amended, shall be applicable to
this article.
~ 168-2. I4BesFees. Penalties and Procedures.
The schedule of fines delineated below for parking violations within the city is hereby adopted:
A. All parking violations vii thin the city shall be fined Excent as nrovided in Section 168-
2(8) below. a citation issued in connection with the violation of any nrovision of this
Section (each. a "narking: violation" or "narking: infraction" for nurnoses of this Article
only) shall carrY a fine in the amount of $10 f{)r each infraetion fortY ($40) dollars for
each narking: violation so long as said fme is paid within 72 hours. fourteen (14) calendar
days.
B. Fines that are paid after 72 hours but prior to one week shall be in the amount of $15. A
citation issued for narking: or standing: in a narking: snace desig:nated for Handican or
Disabled narking: without the annronriate nermit shall Carry a fine in the amount of two
hundred and fifty ($250) dollars for each infraction as long: as said fine is naid within
fourteen (14) calendar days.
C. Fines that are paid after one week of the eitation being issued but less than two weeks
shall be in the amotHlt of $25. Anv nerson receiving: a narking: citation shall. within
fourteen (14) calendar days from the date of issuance of the citation. do one of the
followin : i a the civil enal rescribed on the citation or ii elect to contest the
citation b com letin the "Contestin Affidavit" attached to the citation and deliverin
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the comoleted Contesting: Affidavit tog:ether with a filing: fee in the amount of ten dollars
($10.00) to the Chief of Police. his desig:nee or such other oerson that mav be desig:nated
on the citation. The filing: fee shall be non-refundable unless the Chief of Police or his
desig:nee determines that a oarking: violation did not occur as orovided in Section 168-
2(D) below or the Ocoee Police Infraction Hearing: Board determines that the oarking:
violation did not occur. Anv oerson who fails to oav the civil oenaltv ore scribed on the
citation or deliver the Contesting: Affidavit as set forth herein within fourteen (14)
calendar davs from the date of issuance of the citation shall incur a delinauent fee of
fifteen ($15) dollars and be deemed to have waived hislher rig:ht to contest the merits of
such citation. Anv oerson electim! to contest a citation oursuant to this oarag:raoh shall be
deemed to have waived hislher rig:ht to oav the civil oenaltv ore scribed on the citation and
mav be subiect to additional fines and fees if same are imoosed bv the Ocoee Police
Infraction Hearing: Board oursuant to Section 168-8 of this Chaoter.
D. Fines that have not been paid within two weeks of the issuance of the citation will result
in the owner of record of the vehicle that was parked illegally being notified of the
citation, via the United States mail, by the County Court, in aeeordanoe with the Florida
Statutes Uoon' receiot of a Contesting: Affidavit. the Chief of Police or his desig:nee shall
review such affidavit and make a determination as to whether. based on the evidence
oresented on the Contesting: Affidavit. a oarking: infraction has been committed. If the
Chief of Police or his desig:nee determines. based on the evidence oresented in the
Contesting: Affidavit. that no oarking: infraction has been committed. then the Chief of
Police or his desig:nee shall void the citation. orovide written notice of same to the oerson
who submitted the Contesting: Affidavit and refund the filing: fee. If the Chief of Police or
his desig:nee determines. based on the evidence oresented in the Contesting: Affidavit. that
there is orobable cause to believe that a oarking: violation has occurred. then the Chief of
Police or his desig:nee shall reauest a hearing: before the Ocoee Police Infraction Hearing:
Board to consider the contested citation.
E. Civil oenalties or fines collected oursuant to this Section that be disbursed as follows:
1. Fiftv oercent (50%) of each traffic violation shall be deoosited into the City's
General Fund maintained bv the City Finance Deoartment.
2. The remaining: fifty oercent (50%) of each traffic violation shall be divided as
follows:
a.
Five ($5) dollars of each traffic violation oaid shall be deoosited into a
School Crossing: Guard Fund and maintained bv the City Finance
Deoartment.
b.
The remaining: funds are to be . deoosited into the Ocoee Police
Deoartment's Fines and Forfeiture account.
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F. Procedures uoon Non-Comoliance with Parkinl! Violation Notice.
1. The Ocoee Police Deoartment shall acceot oavment of civil oenalties for oarkinl!
violations and issue receiots therefore. The Ocoee Police Deoartment shall
maintain a record of such civil oenalties and shall dailv reoort the monies
collected and deoosited in the City's deoositorv bank to the City Finance
Deoartment.
2. If the rel!istered owner of a motor vehicle to which a oarkinl! citation has been
affixed thereto does not resoond to such notice within fourteen (14) calendar davs
of the date of the such notice. a fifteen ($15) dollar delinauent fee oer violation
al!ainst the rel!istered owner of the motor vehicle which was cited shall be
accessed. Notice of the oarkinl! violation and the failure to comolv therewith shall
be sent to the rel!istered owner of the vehicle. Such notice shall direct the
recioient to resoond within ten (10) calendar davs.
3... Citations not oaid mav be referred to a collection al!encv.
4. The Chief of Police or his desil!nee is herebv authorized and directed to suoolv the
State of Florida Deoartment of Hil!hwav Safety and Motor Vehicle with a
mal!neticallv encoded comouter taoe reel or cartridl!e. which is machine readable
bv the installed comouter svstem at said Deoartment listinl! oersons who (i) have
three (3) or more outstandinl! oarkinl! violations. or (in one (1) or more oarkinl!
violation( s) of Florida Statutes &316.1955 or Florida Statutes &316.1956. or anv
City ordinances which rel!ulate similar oarkinl! in soaces desil!nated for use bv
disabled oersons.
~ 168-3. Parking, stopping and standing on highway or street nrohibited.
A. No person shall stop, park or leave standing any vehicle, whether attended or unattended,
upon the paved or main traveled part of any highway or street when it is practicable to
stop, park or so leave the vehicle off such part of the highway or street, but in every event
an unobstructed width of the highway or street opposite a standing vehicle shall be left for
the free passage of other vehicles, and a clear view of the stopped vehicle shall be
available from a distance of 200 feet in each direction upon such highway or street.
B. This section shall not apply to the driver or owner of any vehicle which is disabled while
on the paved or main traveled portion of a highway or street in such manner and to such
extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle
in such position or to passenger-carrying buses temporarily parked while loading or
discharging passengers, where highway or street conditions render such parking off the
paved portion of the highway or street hazardous or impractical.
C. No oerson shall oark or leave standinl! anv vehicle or trailer. whether attended or
unattended. uoon the road ril!ht of wave with sil!nal!e indicatinl! "For Sale". "For
Offerinl!" or other advertisement for sale.
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D. ~Removal of vehicles.
1. Whenever any police officer finds a vehicle standing upon a highwaY-ef! street or
road ri!!ht-of-wav in violation of any of the foregoing provisions of this section, the officer is
authorized to move the vehicle or require the driver or other persons in charge of the vehicle
to move the same to a position off the paved or main traveled part of the highway or street.
2. Notwithstandin!! anv other orovision of this Article to the contrary. Police officers
are hereby authorized to provide for the removal of any abandoned or unattended
vehicle to the nearest garage or the storage area of any person, firm or corporation
who has contracted with the city, as provided in S 165-9 of the Code, or other
place of safety when said abandoned vehicle is found unattended upon a bridge or
any public highway, street or right-of-way in the f-ollov;ing instances: where such
vehicle constitutes an obstruction of traffic.
a. Where such vehicle constitutes an obstruction of traffic; or
b. \Vhere such vehicle has been parked or stored on the public right of way
for a period exceeding 1 g hours in other than designated parking areas and
is \vithin the oity right of '.vay, and a ',yarning sticker has been
conspicuously placed on the 'lehicle pursuant to ~ 165 6 of Chapter 165 of
the City Code.
~ 168-3.1. Parking in fire lanes.
A. No person shall stop, park or leave standing any vehicle, whether attended or unattended,
upon any highway or street designated as a fire lane and appropriately marked as such by
the City Fire Chief or his designee.
B. Whenever Notwithstandin!! anv other orovision of this Article to the contrary. whenever
any police officer finds a vehicle standing upon a highway or street in violation of the
foregoing provisions of this section, the police officer is authorized to provide for the
removal of such vehicle to the nearest garage or to the storage area of any person, firm or
corporation who has contracted with the city, as provided in S 165-9 of the Code.
C. Whenever Notwithstandin!! anv other orovision of this Article to the contrary. whenever
the Fire Chief, Chief Officers, Fire Marshal, Fire Inspectors or Battalion Chiefs of the
Fire Department find a vehicle standing upon a highway or street in violation of the
foregoing provisions of this section, the foregoing Fire Department officials are
authorized to provide for the removal of such vehicle to the nearest garage or to the
storage area of any person, firm or corporation who has contracted with the city, as
provided in S 165-9 of the Code.
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~ 168-4. Parking, stopping and standing prohibited.
A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or traffic control
device, in any of the following places:
1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. On a crosswalk.
5. Within 15 feet of a fire hydrant.
6. Within 30 feet of any stop sign located at the side of a roadway.
7. Within 30 feet of the nearest rail of a railroad crossing.
8. Within 30 feet of the driveway entrance to any fire station and on the side of a
street opposite.
9. On the roadway side of any vehicle stopped at the edge or curb of a street or on
the roadway end of any vehicle parked at an angle to a curb or street edge.
10. At any place where an official sign prohibits parking.
11. At any place that is designated as a handicapped parking place for handicapped
persons, unless and except when said vehicle is duly permitted for parking therein
by virtue of the fact that there is a handicapped occupant.
12. On both sides of a paved street that is less than 26 feet in width. For the purpose
of this section, the width of the paved street is interpreted to be the entire paved
area, to include ribbon curb or Miami curb, if either exists. The city's Street
Department is responsible for posting the appropriate no-parking signs on one
side of the street, as directed by the Chief of Police, prior to this section being
enforced by the city's Police Department. Once installed, the removal of a no-
parking sign by vandals or any other means will not be grounds to escape citation
for illegal parking.
13. On either side of a paved street that is less than 17 feet wide. The city's Street
Department is responsible for posting the appropriate no-parking signs on both
sides of such a street prior to enforcement of this section by the Police
Department. Once installed, the removal of a no-parking sign will not be grounds
to escape citation.
In a cul-de-sac that has a radius of less than 30 feet.
14.
15.
Within a roadway other than parallel with the edge of the roadway, headed in the
direction of the traffic and with the curbside wheels of the vehicle within 12
inches of the edge of the roadway, except upon a street which has been marked or
a sign erected for angle parking, where all vehicles shall be parked at the angle to
the curb indicated by such mark or sign.
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B. Whenever a police officer finds a vehicle to be stopped, standing or parked in violation of
any of the foregoing provisions of this section, the officer is authorized to require the
driver or other person in charge of the vehicle to move the vehicle so as not to be in
violation of any of the foregoing provisions of this section.
C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped,
standing or parked for more tlum 18 hours in violation of any of the foregoing provisions
of this section and a warning sticker has been conspicuously placed on the vehicle for at
least 48-24 hours pursuant to ~ 165-6 of the Code, then the officer is hereby authorized to
provide for the removal of any such vehicle to the nearest garage or to the storage area of
any person, firm or corporation who has contracted with the city as provided in ~ 165-9 of
the Code.
~ 168-4.1. Parking of commercial v.ehicles or buses on public property.
A. The parking of commercial vehicles on public streets and road rights-of-way within any
residential zoned district, including residential planned unit developments, as established
by the Land Development Code for the city, shall be prohibited, except for loading
purposes or as otherwise expressly permitted by the Land Development Code. For the
purposes of this section, a "commercial vehicle" is any truck or other vehicle having a
rated capacity of over 1 1/2 tons.
B. The parking of buses on public streets and road rights-of-way within any residential
zoned district, including residential planned unit developments, as established by the
Land Development Code for the city, shall be prohibited, except in designated bus
parking areas approved by the city as part of a special exception or conditional use. For
the purposes of this section, a "bus" is a vehicle designated specifically for the
transportation of people for commercial purposes or transportation of students, both
public and private. .
C. Whenever a police officer finds a commercial vehicle or bus to be parked in violation of
any of the foregoing provisions of this section, the officer is authorized to take the
following actions:
1.
If the vehicle is occupied, to require the driver or other person in charge of the
vehicle to move the vehicle so as not to be in violation of any of the foregoing
provisions of this section.
If the vehicle has been parked in violation of the foregoing provisions of this
section for more than 18 hours and a warning sticker has been conspicuously
placed on the vehicle for at least 48-24 hours pursuant to ~ 165-6 of the Code, to
provide for the removal of any such vehicle to the nearest garage or to the storage
area of any person, firm or corporation who has contracted with the city as
provided in ~ 165-9 of the Code.
If the vehicle is unoccupied or unattended and within the past 90 days the owner
of such vehicle has been issued a citation, as provided in ~ 168-5B of this Article,
2.
3.
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for the violation of any of the foregoing provisions with respect to such vehicle
and such citation has not been contested, as provided in ~ 168-5C of this Article,
as of the date of the new violation, to provide for the removal of the vehicle
without further notice to the nearest garage or the storage area of any person, firm
or corporation who has contracted with the city as provided in ~ 165-9 of the
Code.
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S 168-5. Enforcement.
A. The Department of Police shall have the primary responsibility for enforcement of SS
168-3, 168-1 and 168 1.1. 1. 168-4.1. and 168-5.1. In addition. the Deoartment of Police
shall also be authorized to enforce && 168-3.1 and 168-6. Notwithstandillll any other
orovision of this Chaoter to the contrarv. any City of Ocoee oolice officer or any other
oerson authorized bv the Chief of Police may enforce the orovisions contained in this
Chaoter and issue citations for the violations of any of the orovisions of this Chaoter.
B. The Fire Department, through the officials listed in S 168-~3.1.C, shall alse-have the
orimarv authority to enforce S 168-3.1 and issue citations for the violation of said S 168-
J+3.1.C.
C. Any person violating any of the provisions of SS 168-3, *-168-3.1, 168-4-4. 168-4.1
and/or 168 1.1 any other orovision of this Article shall be issued the appropriate citation
with the fine levied by the e]dsting City Code in accordance with the orovisions of this
Article.
D. If the o'.vner of the vehicle chooses to eontest a parking eitation, the owner may fill out
the required formes) at police headquarters, requesting a hearing in County Court.
Parkinll citations may only be contested in accordance with the reQuirements and
orocedures set forth in Section 168-2 of this Chaoter.
E. The towing of any vehicle pursuant to this Article shall subject the owner of such vehicle
to towing fees reasonably necessitated by such removal and storage of the vehicle. The
cost of such removal and storage shall be a lien against such vehicle. All such fees shall
be paid directly to the towing service.
S 168-5.1. Immobilization of Vehicles Bearinf! Outstandinf! Citations.
A. The City may. bv resolution after a oublic hearinll oreceded bv at least seven days' notice
of the hearinll and the orooosed action bv oublication in a newsoaoer of lleneral
circulation in the City of Ocoee. institute a oolicv for the immobilization of vehicles
bearinll outstandinll citations issued oursuant to this Article. The orovisions of this
Section 168-5.1 shall aoolv only in the event the City institutes such a oolicv.
B. Anv motor vehicle found oarked at any time uoon any street or in any off-street oarkinll
facility in the City of Ocoee allainst which there is one (1) outstandinll oarkinll citation for
oarkinll in a soace desillnated for disabled oarkinll or three (3) or more outstandinll
oarkinll citations for other oarkinll violations within the orecedinll twelve (12) calendar
months. for which no hearinll has been reQuested within the reQuisite time oeriod
orovided in this Article. may be immobilized in such a manner as to orevent its ooeration.
No such vehicle shall be immobilized bv any means other than bv the use of a device or
other mechanism that will cause no damalle to such vehicle unless it is moved while such
device or mechanism is in olace.
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C. It shall be the duty of the oolice officer or other authorized oerson immobilizim! such
motor vehicle. or under whose direction such vehicle is immobilized. to oost on such
vehicle. in a consoicuous olace. notice sufficient to inform the owner or ooerator of the
vehicle that:
1. such vehicle has been immobilized oursuant to and bv the authority of Section
168-5.1 of the City ofOcoee Code of Ordinances: and
2. the owner of such immobilized vehicle. or other dulv authorized oerson. shall be
oermitted to reoossess or to secure the release of the vehicle uoon oavrnent to the
City of Ocoee of the aoolicable fee for removal of the immobilization device and
all outstandinl! fees and oenalties due in connection with anv outstandinl!
citation( s) that necessitated the immobilization of the vehicle.
D. It shall be unlawful for anvone. exceot for a oolice officer or such other oerson authorized
bv the Chief of Police. to remove or attemot to remove. tamoer with. or in anv wav
damal!e or alter the immobilization device.
E. Anv vehicle immobilized oursuant to this Section mav be towed or otherwise moved to
the nearest l!aral!e or to the storal!e area of anv oerson. firm or comoration who has
contracted with the city as orovided in & 165-9 of the Code.
~ 168-6. Parking on private property.
A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied,
on any private property without the express or implied consent of the owner of the
property. In the event that the identity of the driver of such vehicle is unknown, the owner
or person in whose name such vehicle is registered shall be prima facie deemed to be in
violation hereof.
B. Conformance required; exceptions.
1. No owner of any private property shall consent to or acquiesce to the parking or
storing of any motor vehicles, whether occupied or unoccupied, on any portion of
the owner's property which has not been surfaced and otherwise improved in
accordance with all of the off-street parking lot requirements set forth in the Land
Development Code, except that this subsection shall not apply to the following:
a.
Public school property.
b.
Property which is owned, managed or operated by the city, including but
not limited to recreational facilities, facilities for social gatherings or
occasions, parks, swimming facilities, baseball fields, football fields,
basketball courts, tennis courts and youth centers.
c.
Property which is zoned R-1, R-1-A, R-1-AA,R-1-AAA, R-2 or PUD
Planned Development and has been improved with a dwelling.
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2. The exceptions set forth above shall not be construed as creating any exemption
from compliance with the provisions of the Land Development Code relating to
off-street parking standards.
C. The parking of commercial vehicles on privately owned streets and road rights-of-way or
on any private property which is zoned residential, including residential planned unit
developments, as established by the Land Development Code for the city, shall be
prohibited except for loading and unloading purposes or as otherwise permitted by the
Land Development Code. For the purposes of this section, a "commercial vehicle" is any
truck and other vehicle having a rated capacity of over 1 1/2 tons.
D. The parking of buses on privately owned streets and road rights-of-way or any private
property which is zoned residential, including residential planned unit developments, as
established by the Land Development Code for the city, shall be prohibited, except in
designated bus parking areas approved by the city as part of a special exception or a
conditional use. For the purposes of this section, a "bus" is a vehicle designated
specifically for the transportation of people for commercial purposes or transportation of
students both public and private.
E. The Protective Inspections Department shall have the nrimarv responsibility for the
enforcement of this section Section upon all privately owned property within all
residential zoned districts. Drovided. however. the City of Ocoee Police Denartment and
anv nerson authorized bv the Chief of Police shall also be authorized to enforce the
Drovisions of this Section and issue anDronriate citations and! or notices. as annlicable. in
connection therewith.
~ 168-6.1. Exceptions.
Nothing contained in this Article shall prohibit the parking of vehicles of public or private utility
companies on any public or private road, street or alley for the period of time required in the
locating, relocating, servicing, testing or repair of equipment of such companies, nor shall the
provisions herein be construed to prohibit parking of vehicles actually in use in the construction,
repair or maintenance of any road, street or alley or when a commercial vehicle is engaged in a
lawful construction or service operation on the site where it is parked.
~ 168-6.2. Load and weight limits on public roads.
The City Engineer is hereby authorized to implement load and weight limit restrictions for city
maintained roadways and intersections upon a determination by the City Engineer, supported by
an engineering or traffic study, that a city maintained roadway or intersection, by reason of its
design, deterioration, rain or other climatic or material causes, may be liable to be damaged or
destroyed by motor vehicles, trailers or semitrailers which exceed load and weight limits
prescribed by the City Engineer. In the event that the City Engineer makes such a determination,
then load and weight limitations may be imposed by the City Engineer by causing to be posted
notice of such limitations at conspicuous places at the terminals of all intermediate crossroads
and road junctions with the section of the city maintained roadway or intersection to which the
notice applies. After any such notice has been posted, the operation of any motor vehicle contrary
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to such posting shall, pursuant to FS ~ 316.555, constitute a violation of Chapter 316, Florida
Statutes. Nothing contained herein shall be construed to interfere with the right of the Florida
Department of Transportation to establish detours over any such restricted city maintained
roadways and intersections unless such load and weight limitation has been first approved by the
Florida Department of Transportation.
ARTICLE II
Disposition of Infractions
~ 168-7. Adoption of provisions.
The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318 of the Florida Statutes,
as amended and supplemented, is hereby adopted.
S 168-8. Ocoee Police Infraction Hearin!! Board.
A. There is herebv established the Ocoee Police Infraction Hearilll! Board (the "Hearing:
. Board"). The Hearing: Board shall have the following: Dowers and duties:
1. To hear contests to oarking: citations issued bv the City of Ocoee and receive and
evaluate evidence in connection therewith: and
2. Based on the evidence oresented at such a hearing:. to make a determination as to
whether the oarking: violation(s) listed in a citation were in fact committed: and
3. To imoose fines and fees consistent with this Chaoter.
B.
The Hearing: Board shall consist of seven (7) members. two of which must be members of
the Citizens Advisorv Council of the Ocoee Police Deoartment. Additional members of
the Hearing: Board mav also be members of Citizens Advisorv Council of the Ocoee
Police Deoartment. All members of the Hearing: Board shall be residents or business
owners from the City of Ocoee. The Hearing: Board shall elect a Chairoerson and a Vice- .
Chairoerson vearlv from among: its members.
. I
I
C. Each member of the City Commission shall aoooint a member of the Hearing: Board. The
other two members of the Hearing: Board shall be aooointed bv the City Commission
from among: the membershio of the Citizens Advisorv Council of the Ocoee Police
Deoartment. The Chief of Police shall orovide the City Commission with his
recommendation as to the aooointees from the Citizens Advisorv Council of the Ocoee.
Police Deoartment. If a member of the Hearing: Board who is aooointed from the
membershio of the Citizens Advisorv Council of the Ocoee Police Deoartment ceases to
be a member of the Citizens Advisorv Council of the Ocoee Police Deoartment. then such
oerson shall also cease to be a member of the Hearing: Board. Members of the Hearing:
Board shall serve 2-vear terms: orovided. however. that the initial members of the
Hearing: Board aooointed bv each City Commissioner shall serve a term of one vear.
ORLA_ 422029.3 -14-
D. Three (3) members of the Hearin!! Board shall constitute a auorum. and no action may be
taken ifless than three (3) members are oresent and votin!!.
E. The Hearin!! Board shall adoot rules for transaction of its business and shall keeo a record
of its resolutions. transactions. findin!!s and determinations. Meetin!!s of the Hearin!!
Board shall be held at the call of the Chairoerson and at such times as the Hearin!! Board
may determine. orovided. however. that if the Chief of Police or his desi!!nee reauests a
meetin!! of the Hearin!! Board to consider a contested citation as orovided in Section 168-
2.D of this Chaoter. then the Chairoerson shall call a meetin!! of the Hearin!! Board within
thirty (30) days of such reauest.
F. If the Hearin!! Board determines that the oarkin!! violation( s) listed in the contested
oarkin!! citation were in fact committed. the Hearin!! Board may imoose a fine of uo to
one hundred dollars ($100) for each violation or two hundred fifty dollars ($250) for each
disabled oarkin!! violation. olus hearin!! costs for the issuin!! officer's attendance. If the
Hearin!! Board determines that the oarkin!! violation( s) listed in the contested oarkin!!
citation were not committed. then the min!! fee shall be refunded.
~ 168-9. School Crossin!! Guard Pro!!ram.
A. There is hereby imoosed on all oarkin!! fines/civil oenalties for oarkin!! violations a
surchar!!e of five ($5) dollars for the ouroose of fundin!! the school crossin!! !!uard
oro!!ram within the City of Ocoee.
B. The oroceeds of such surchame shall be olaced in a School Crossin!! Guard Fund and
distributed in accordance with the aoolicable orovisions of Florida Statutes Ch. 318.
ORLA_ 422029.3 -15-