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Magistrate waives administrative fees in some Fort Pierce parking appeals, upholds fines in others

City of Fort Pierce Special Magistrate · October 16, 2024
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Summary

At an Oct. 16 special magistrate hearing, the magistrate reduced or waived administrative and late fees for select parking citation appeals but upheld $50 fines in multiple cases, with 14 days to pay and 30 days to appeal. Disputes included questions about whether pavement markings suffice without posted no-parking signs.

The Special Magistrate presiding at the City of Fort Pierce’s Oct. 16 special magistrate hearing reduced administrative penalties in several parking citation appeals while finding the substantive violations had occurred.

In a citation tied to North US Highway 1, Respondent Heather Renee Parker — who identified herself as circuit director for the Guardian ad Litem office — told the court she had parked in the city garage since April 1, 2021, and that heavy rain and crowded conditions on Aug. 22 made it difficult to determine the marked no-parking space. “It was pouring rain. It was windy. It was awful,” Parker said, describing why she had taken the space and then returned to find a ticket.

After the city entered photographs and the citation into evidence and officers explained the ordinance marking, the Special Magistrate found the yellow pavement markings provided adequate notice but waived the $10 administrative fee, leaving a $50 fine due in 14 days. The magistrate reminded Parker of a 30-day right to appeal.

In a separate matter at JC Park, a respondent argued that state law requires an official posted sign to prohibit parking and that pavement markings alone are insufficient. The respondent submitted excerpts of Florida statutes (including citations discussed in the hearing) to support that interpretation. City staff and park officers countered that a posted sign reading “Parking and designated spaces only” is located at the park entrance and was visible to drivers entering the area. The Special Magistrate found the posted sign sufficient and assessed the fine (with administrative fees treated as noted at the hearing).

In the Section 5 citation for 1401 South Ocean Drive, the respondent explained she has mobility limitations and that a relative had parked the vehicle; the space was identified by officers as a boat-trailer-only area. The court found the violation occurred but waived the administrative and late fees, leaving the base $50 fine due in 14 days. The magistrate confirmed that failure to pay within 14 days will cause the matter to be referred to county court and noted the 30-day appeal period.

Throughout the morning, officers and city counsel introduced photographs and citation paperwork as the city’s composite exhibits. Officers and the magistrate reiterated the applicable local code section for parking in city lots, garages, and other property (code section cited during the hearing) and clarified that in most cases the fine assessed was $50 with administrative or late fees sometimes waived at the magistrate’s discretion.

Next steps: Fines found due must be paid within 14 days or will be referred to the county court system; respondents retain a 30-day right to appeal the magistrate’s decisions.