§ 804.1012. Unauthorized parking in disabled parking space prohibited.

(a)

It shall be unlawful for a person to park, stop or stand a vehicle in a parking space designated in accordance with the provisions of F.S. § 316.1955 or F.S. § 316.1956 for use only by the disabled unless the vehicle displays a parking permit issued pursuant to F.S. § 316.1958 or F.S. § 320.0848 and the vehicle is transporting a person eligible for the parking permit. A person who is chauffeuring a disabled person shall be allowed, without need for an identification parking permit, momentary parking in the parking space for the purpose of loading or unloading a disabled person and no penalty shall be imposed upon the driver for this momentary parking. A person convicted of violating this Section shall be punishable by a fine of $250. A sign with a blue background and white lettering reading "$250 FINE" shall be attached to each permanent abovegrade sign indicating such restricted parking space; provided, however, that any failure to have any such space so signed, whether due to full or partial absence of a sign, improper colors, inaccurate amount of the fine, defacement or mutilation, or otherwise, shall not impede, restrict or otherwise prevent in any manner whatsoever the enforceability of any restriction, violation or fine set forth above or any other provisions relating to regulation of parking for disabled persons.

(b)

Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permit, on a meter, in a time zone or in a handicap zone, with the intent to deceive shall be punishable by a fine of $250.

(c)

If a citation for a violation of this Section remains outstanding on a motor vehicle for more than 20 working days and has not been disposed of as provided in Section 636.104, the Chief of Parking Facilities and Enforcement or his designee is authorized to attach an immobilizing device to such vehicle pursuant to Section 802.112.

(d)

All fines collected for violation of subsections (a) and (b) of this Section shall be distributed as follows:

(1)

Seventy percent shall be placed in a separate account of the City to be expended only to improve accessibility and equal opportunity to qualified physically disabled persons in the County and to provide funds to conduct public awareness programs in the County concerning physically disabled persons. These funds shall be appropriated by the Council prior to expenditure, but shall not lapse at the end of any fiscal year and shall remain available for expenditure for the purposes stated herein.

(2)

The remaining percentage of the fines collected shall be distributed as provided by law.

(e)

Pursuant to F.S. § 318.18(6), violations of subsection (a) shall be waived if a person provides to the law enforcement agency or parking enforcement specialist or agency that issued the citation for such a violation proof that a person committing the violation has a valid parking permit or license plate issued pursuant to state law or a signed affidavit that the owner of the disabled parking permit or license plate was present at the time the violation occurred and that such parking permit or license plate was valid at the time the violation occurred. Upon provision of the affidavit of compliance or other proof to the enforcing agency and payment of a dismissal fee as found in www.jaxsheriff.org/fees , the enforcing agency shall dismiss the citation. Pursuant to F.S. § 318.18(6), the Clerk has delegated responsibility to the City to perform these obligations and retain all dismissal fees.

(f)

All fees collected for the dismissal of a violation of subsections (a) and (b) of this section shall be placed in a separate account of the City to be expended to improve accessibility and equal opportunity to persons with disabilities, to facilitate public awareness, and to defray expenses for the administration of this section.

(Ord. 82-1130-554, § 1; Ord. 83-591-400, § 1; Ord. 83-944-523, § 1; Ord. 86-806-461, § 1; Ord. 89-217-98, § 1; Ord. 89-525-314, § 1; Ord. 90-864-412, § 1; Ord. 94-122-52, § 1; Ord. 98-182-E, § 15; Ord. 2014-39-E, § 1; Ord. 2015-99-E , § 2; Ord. 2017-665-E , § 42)

Note— Former § 310.113.