TITLE
ORDINANCE RELATING TO PARKING SPACES FOR DISABLED PERSONS; AMENDING SECTION 30-447 OF THE CODE OF MIAMI-DADE COUNTY TO INCREASE PENALTY FOR MISUSE OF SPECIALLY MARKED PARKING SPACES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, there is widespread abuse of the disabled handicapped parking system in Miami-Dade County, by those parking in the marked handicapped parking spaces without possessing or displaying a lawful disabled parking permit; and
WHEREAS, the disabled are severely impacted by this abuse by reducing and/or eliminating the amount of designated handicapped parking spaces that are available for use by the disabled; and
WHEREAS, Miami-Dade County is economically impacted as a result of this abuse by the loss of metered parking revenue; and
WHEREAS, increasing the penalty for this abuse will assist in improving the disabled handicapped parking system in Miami-Dade County and increase the availability of designated handicapped parking spaces for the disabled community,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 30-447 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 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:

* * *

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

* * *

(b) Violators of this article shall be punished by a mandatory fine of >>two hundred fifty dollars ($250.00) << [[one hundred fifty dollars ($150.00). A motor vehicle owner who is guilty of repeat violations of this article may be punished by a fine not to exceed two hundred fifty dollars ($250.00)]].

* * *
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.


1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.