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Special magistrate reduces parking penalty after delivery at JC Park
Summary
A Fort Pierce special magistrate found a parking violation at JC Park but reduced the recommended fine after the vehicle owner said he was briefly unloading delivery pizzas at an event; the respondent was ordered to pay a $10 administrative fine and given appeal instructions.
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A Fort Pierce special magistrate on June 4 found that a parking violation occurred at JC Park but ordered a reduced penalty after hearing from the vehicle owner.
The magistrate said a violation existed and ordered the respondent to pay an administrative fine of $10; failure to pay within 15 days will forward the citation to county court, where the full $60 fine could be assessed. The magistrate also said the respondent had 30 days to appeal.
City code enforcement officer Charmaine Kirkland presented the case PK2025-124 and introduced photographs showing a Kia parked outside marked parking stalls and adjacent to trash containers. Kirkland testified, “in the photo, you can see that the area where the Kia is parked is not a actual parking space because it does not have 2 white lines and it does not have a parking stump in front of it.” The city moved its composite of photographs into evidence.
Respondent Arthur Burgess told the magistrate he was volunteering at a stand-up paddleboard event being run by his daughter and had been delivering pizzas to participants. He said he initially parked in what he thought was a handicapped space, moved the car when he realized it was "sheriff parking only," and then briefly parked to unload. Burgess acknowledged the violation, saying, “my car is parked where it should not be parked. I admit that.” He estimated he was parked “not even 5 minutes.”
The city's attorney, Holloman, read the relevant parking ordinance language into the record and said there are no timing exceptions in the section cited: “Any vehicle stops standing or parked in a single parking space on any city owned or operated parking lot, shall be parked within the lines marked for such single parking space.”
After hearing testimony and reviewing evidence, the magistrate said she was “not inclined to impose the full fine,” but found a violation and ordered the reduced administrative fee. Clerk Calderon will provide the respondent with a link for online payment.
The order is civil and subject to the appeal period stated on the ruling.
