§ 35-42. Liability for payment of parking violation; rebuttal.

Pursuant to F.S. § 316.1967, the owner of a vehicle is responsible and liable for payment of any parking violation notice unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, in the care, custody, or control of another person. In such instances, the owner of the vehicle is required, within thirty (30) days after issuance of the parking violation notice, to furnish to the appropriate authorities an affidavit setting forth the name, address, and driver's license number of the person who leased, rented, or otherwise had the care, custody, or control of the vehicle. In the event the vehicle was not in the custody of the owner due to theft, the owner of the vehicle is required within such thirty-day period to furnish an affidavit that the vehicle was stolen together with a stolen vehicle police report. The affidavits submitted pursuant to this section shall be admissible in a proceeding charging a parking violation and shall raise the rebuttable presumption that the person identified in the affidavit is responsible for payment of the parking violation notice. The owner of a vehicle is not responsible for the parking violation if the vehicle involved was, at the time, stolen or in the care, custody or control of some person who did not have permission of the owner to use the vehicle. The operator of the vehicle that is in his care, custody or control without the permission of the owner shall be responsible for any parking violation notice that occurs while the vehicle is in his care, custody or control.

(Code 1965, § 34-11; Ord. No. 85-1, § 2, 1-7-85; Ord. No. 2011-06 , § 4, 6-21-11)

State law reference

Similar provisions, F.S. § 316.1967.