[1. CALL TO ORDER]
[00:00:16]
AND I WILL BE PRESIDING OVER THESE HEARING.
YOU RECEIVED A PARKING CITATION AND FOR THOSE PRESENT, YOUR CASE WILL BE CALLED SHORTLY. PLEASE BE ADVISED THIS IS BEING TELEVISED LIVE ON THE CINCINNATI CINCINNATI TELEVISION STATION.
KNOW THAT WHEN YOU COME UP YOU WILL BE TELEVISED.
ANYONE HERE WHO NEEDS AN ENGLISH TRANSLATOR? ALL RIGHT, THEN, I DON'T WANT TO DISCOURAGE ANYBODY FROM QUESTIONING THE TICKETS, BUT YOU -- IF YOU DON'T PREVAIL AT THIS HEARING, YOU WILL INCUR ADDITIONAL FEES AND COSTS. HAVE YOU DISCUSSED THIS WITH THE PARKING OFFICERS HERE? OKAY.
>> I HAVE NOT. >> SPECIAL MAGISTRATE: WOULD
YOU LIKE TO? >> SHOW FEES AND COSTS.
>> SPECIAL MAGISTRATE: ADDITIONAL $25, PLUS $10, OR $35
>> SPECIAL MAGISTRATE: GO A D AHEAD.
>> YES, MA'AM, UNDER THE CODE I BELIEVE IT IS $500 THAT THE TICKETS TO GO UP TO. IS THAT RIGHT, JEANNIE?
>> DOESN'T SAY IT WILL BE BUT COULD BE.
>> SURE. BASICALLY WHAT HAS HAPPENED IS YOUR CODE ENFORCEMENT OFFICER HAS ISSUED YOU A CITATION WITH THE RECOMMENDED AMOUNT. IT IS UP TO THE SPECIAL MAGISTRATE WHAT THE AMOUNT WILL BE AFTER A HEARING, BUT IT COULD BE UP TO THAT 500. THERE IS ALSO A $10 ADMINISTRATION FEE. AND IF YOU WERE SOMEBODY WHO IS LATE ON THE PAYMENT, THERE IS AN $18 LATE FEE THAT APPLIES AS WELL. SO IF YOU WOULD LIKE TO DISCUSS, IT SHOULD BE MY GOAL OF THE CITATION ON YOUR CASE.
MICHAEL, IF YOU WISH TO DISCUSS IT, HE CAN STEP OUTSIDE AND TALK
TO YOU. >> I GUESS THERE IS SOME VALUE
IN THAT. >> HE IS THE ONLY CODE ENFORCEMENT OFFICER AND DO YOU WANT HIM TO DO THAT RIGHT NOW OR TAKE A QUICK BREAK MAGISTRATE MANAGE LET'S GO AHEAD AND START THE PROCEEDINGS AND THEN LET HIM HAVE A CHANCE TO TALK TO MR. MICHAEL RABENECKER. IF YOU DON'T MIND, STAND FOR THE
PLEDGE OF ALLEGIANCE. >> I PLEDGE ALLEGIANCE TO THE FLAG OF UNITED STATES OF AM A AMERICA.
TO THE REPUBLIC FOR AT WHICH STANDS, ONE NATION, UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
MAGISTRATE MANAGE WE WILL PAUSE AND SO YOU CAN SPEAK TO MR.
MICHAEL RABENECKER. >> THIS IS MR. BROWN.
THAT IS AN APPEAL. YES, JUST TOTAL -- THE TOTAL.
>> ALL RIGHT, WE WILL GO OFF RECORD.
>> SPECIAL MAGISTRATE: THOSE OF HOW WILL TESTIFY.
PLEASE STAND, RAISE YOUR RIGHT HAND AND BE SWORN.
>> RAISE YOUR RIGHT HAND, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE SHALL BE THE TRUTH.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
>> YES. >> SPECIAL MAGISTRATE: WHEN YOU ARE READY LET'S CALL THE CASES IN COMPLIANCE AND RESCHEDULED.
>> IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED.
CASE 21-30 38 NORTH INDIAN RIVER DRIVE, TAREN HARRIS.
21-3028, NORTH INDIAN RIVER DRIVE AND MARINE THAT WAY PARKING LOT, BRANDON R. LEES. 22-1323, SOUTH CAUSEWAY PARK LAWRENCE KRASNERNER. 21-3027, 100 BLOCK MARINA WAY, SARAH A. YUN SKELLY AND DEBBY YUN.
AND 21-3029, NORTH INDIAN RIVER DRIVE, MARINA WAY, KEITH RAYMOND AND REBECCA RAYMOND. 22-1023, 400 BLOCK NORTH 2ND STREET JONATHAN JAY NOLI. 21-3073, NIRD AND ORANGE AVENUE, FOREST NULLTON. AND 21-3070 NIRD AND ORANGE
AVENUE, JULIE PETTICREW. >> SPECIAL MAGISTRATE: FIRST
[A. 22-916 PK Jaycee Park Richard A Schichtel Michael Rabenecker]
RICHARD -- RICHARD SCHICHTEL. >> YOU CAN STAND AT THAT PODIUM,
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SIR. THERE IS A MICROPHONE FOR YOU.>> THANK YOU. GOOD MORNING, YOUR HONOR.
>> SPECIAL MAGISTRATE: GOOD MORNING.
>> BEFORE YOU THIS MORNING IS CASE 22-916, PARKING VIOLATION WRITTEN AT JAYCEE PARK. THE CASE WAS INITIATED ON MARCH 5 OF 2022. THE VIOLATOR CAME BACK AS A RICHARD SCHICHTEL. THE CITATION NUMBER WRITTEN WAS 17277. THE PARKING CITATION VIOLATION OF CODE 34-35 S, PARKING ON THE CITY RIGHT-OF-WAY.
THE CITY IS ASKING FOR A $50 FINE TO BE ASSESSED AND ADMINISTRATION FEE OF $10. FOR A TOTAL DUE OF $60.
THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXIST SHALL BE INDICATED AS WHAT WE SAID ABOVE.
FAILURE TO PAY THE FINE WILL BE FORWARDED TO THE CITY'S COURT SYSTEM. I HAVE PHOTOGRAPH TO BE PRESENTED AS EVIDENCE AND DATE STAMPED AND ACCURATELY SHOW AS I
HAVE WITNESSED IT. >> IS THIS ONE AN APPEAL?
>> THIS IS SAN APPEAL. >> HIS APPEAL PAPERWORK.
>> HAS HE SEEN HIS PHOTOGRAPHS? >> NO, I HAVE NOT.
MAGISTRATE, THE CITY WILL MOVE INTO EVIDENCE CITY'S EXHIBIT 1 A THROUGH 1 I. THESE ARE THE PHOTOGRAPHS FROM MR. RABENECKER. AND THEN ON THE RESPONDENT'S BEHALF, 2-RBG-B -- SORRY, 2-A. THROUGH 2-E.
AND JEANNIE, IF HE CAN MARK THIS AS 2-F, THIS PACKET HERE.
THAT WILL BE THE PHOTOGRAPHS THAT THE RESPONDENT PRODUCED AS WELL AS HIS CITATION APPEAL REQUEST.
ACTUALLY I FIND THAT ONE. WE DON'T NEED THAT ONE.
2 A-E WILL BE THE RESPONDENT'S INFORMATION THAT HE PROVIDED.
>> SPECIAL MAGISTRATE: THANK YOU.
THEY WILL BE ADMITTED AS SUCH. >> SORRY.
>> SPECIAL MAGISTRATE: THAT IS ALL RIGHT.
YOU MAY CONTINUE. >> MR. RABENECKER, IF YOU CAN EXPLAIN TO THE SPECIAL MAGISTRATE WHAT IT IS THAT WE ARE LOOKING AT WITH RESPECT TO THIS PARKING LOT AND WHAT AREAS YOU ARE PERMITTED TO PARK IN, WHAT SIGNS THERE ARE.
>> RIGHT, THE SIGNS OF THE PARK DESIGNATED THAT SAY PARK IN DESIGNATED SPACES ONLY. THE DESIGNATED SPACES FOR CARS ARE PARKING BETWEEN TWO WHITE LINES ON THE PAVEMENT.
DESIGNATED SPACE IS NOT PROVIDED FOR PARKING THE GRASS.
IF YOU LOOK AT THIS PICTURE, YOU COME IN THE ENTRANCE AND A SIGN THAT SAYS "OVERFLOW PARKING." BUT THAT IS OVERFLOW PARKING BUT HE WAS OVER HERE IN THE GRASSY AREA.
PARKING ON THE GRASS IS NOT PERMITTED.
>> FROM THIS IMAGE WE ARE LOOKING AT, THIS IS THE PROPERTY
APPRAISER'S WEB SITE? >> MICHAEL RABENECKER: CORRECT,
THE PARK OF JAYCEE PARK. >> THE CLOSEST SIGN OF WHERE HE WAS PARKED THAT DESIGNATE NO PARKING.
WHERE IS THAT SIGN? >> MICHAEL RABENECKER: THAT WILL BE UP FRONT TO THE ENTRANCE OF THE PARK.
THERE IS ONE THERE, RIGHT THERE OPINION AND THEN RIGHT THERE, THERE IS ANOTHER ONE BY THAT BUSH THING -- YEAH, RIGHT IN THERE. SO WHEN YOU COME DOWN MELALUCA
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LANE YOU TURN INTO THE PARK AND YOU SEE THE SIGN THERE.THERE IS ANOTHER ONE RIGHT T E THERE.
>> AND NOW TO GET TO THE SPOT WHERE HE WAS PARKED --
>> MICHAEL RABENECKER: YOU HAVE TO COME IN RIGHT WHERE THE ARROW IS. AND THEN COME AROUND IT -- YOU COULD JUST, LIKE, CIRCLE AROUND AND PARK IN THE GRASS.
>> OKAY. IF WE CAN GO BACK DOWN JUST A LITTLE BIT. WOULD THAT REQUIRE HIM TO KIND OF CUT ACROSS, GO THROUGH THAT ROUNDABOUT AND CUT TO THE LEFT OR GO OVER A SIDEWALK. DOES MY QUESTION MAKE SENSE?
>> MICHAEL RABENECKER: YEAH. I DON'T THINK HE WENT OVER THE SIDEWALK. HE PARKED RIGHT THERE.
>> THAT IS MY QUESTION. HE WOULD HAVE TAKEN THAT HARD
LEFT? >> MICHAEL RABENECKER: IF THAT
IS HOW HE CAME -- >> OR THE OTHER WAY HE COULD HAVE TAKEN A HARD RIGHT FROM THE OTHER ENTRANCE FURTHER TO THE LEFT. EITHER WAY, YOU ARE GOING OFF OF PAVED ROADWAY ON TO A GRASSY ROADWAY.
>> MICHAEL RABENECKER: RIGHT. BECAUSE I THINK -- IT LOOKS LIKE MIGHT HAVE COME IN WITH THIS ROAD HERE.
THE WAY IT LOOKS LIKE HE IS PARKED.
IT LOOKS LIKE HE MIGHT HAVE COME --
>> TURNED RIGHT INSTEAD OF LEFT. >> MICHAEL RABENECKER: YES.
>> I DON'T HAVE ANY QUESTIONS FOR YOU.
ANYTHING ELSE WOULD YOU LIKE THE SPECIAL MAGISTRATE TO KNOW OR
CONSIDER? >> MICHAEL RABENECKER: NO M M
MA'AM. >> SPECIAL MAGISTRATE: THANK YOU. SIR, HOW DO YOU RESPOND TO THE
ALLEGATIONS? >> I WAS THERE FOR A CHARITY EVENT AND PARKING WAS MOBBED. AND I AM A DISABLED VETERAN 100% AND ELIGIBLE TO PARK IN HANDICAP SPACES.
ALTHOUGH I TRY NOT TO ABUSE THAT PRIVILEGE WHEN POSSIBLE.
SO WHEN I ORIGINALLY WENT INTO THE PARK, THERE WAS A HANDI STATE CAPITOL SPACE AVAILABLE BUT I CHOSE NOT TO TAKE IT AND LOOK FOR A PARKING SPACE SO I COULD LEAVE THAT SPACE FOR SOMEONE WHO NEEDED IT MORE THAN I DID.
SO I CIRCLED BACK AROUND TO THE OPENING -- OR, YOU KNOW, THE OCEAN DRIVE END OF THE PARK. DID NOT SEE ANY SIGNS.
SO I MADE A U-TURN AND THEN I WENT BACK, AND I SAW THE SIGN THAT SAID "OVERFLOW PARKING FOR JAYCEE PARK." POINTING INTO THAT AREA. BUT THERE WAS STILL NOWHERE TO PARK THERE AND I WENT PAST THAT TO THE NEXT DRIVEWAY, WOULD HAVE BEEN THE THIRD DRIVEWAY IN. THE FIRST ONE WILL BE AN IN, THE NEXT ONE WOULD BE AN OUT, AND THE NEXT ONE I SAW SPACE ON THE GRASS AND THE ENTIRE AREA WAS FILLED WITH VEHICLES AS IF IT WAS A PARKING LOT. THEY WERE ALL PROPORTIONED PROPERLY FOR PARKING OF PROBABLY 15 VEHICLES, 16 VEHICLE IN THERE MAYBE. SO IT LOOKED LIKE A PARKING SPACE FOR ME. THE ONLY THING I HAVE SEEN TO THIS POINT. AND THIS I NEVER SAW BECAUSE IT WAS -- NOWHERE NEAR WHERE I WAS PARKED AT.
AND AS FAR AS -- CAN YOU SWITCH BACK TO THAT PHOTO REAL QUICK.
THAT PARKING IN DESIGNATED SPACES ONLY A LEGALIZED PROPORTION AND HEIGHT SIGN OR A DECORATIVE SIGN.
IT DOESN'T APPEAR TO BE A LEGAL SIGN TO ME.
JUST LIKE ALL TRAFFIC CONTROL DEVICES HAVE TO BE A CERTAIN HEIGHT, A CERTAIN FONT SIZE, AND THEY HAVE TO HAVE A STICKER ON THE BACK OF THEM DESIGNATING THAT THEY ARE AN OFFICIAL SIGN.
THAT DOES NOT LOOK LIKE AN OFFICIAL SIGN TO ME, BESIDE THE FACT THINK THAT NEVER SAW IT IN THE FIRST PLACE BECAUSE IT WAS NOWHERE NEAR. YOU CAN'T DISPUTE THE FACT IT WAS NOWHERE NEAR WHERE I WAS PARKED.
>> MR. VANDERHORSE HAS NOT BEEN CALLED FOR THIS.
I DON'T KNOW IF HE IS ATTEMPTING TO CALL TO TESTIFY OR QUESTIONING AS A CROSS EXAMINATION.
I AM NOT SURE WHAT HE IS TRYING TO DO.
>> WOULD THAT BE ME. COULD I REPHRASE?
>> SURE, YOU CAN TESTIFY OR YOU -- SORRY, I DON'T WANT TO STEP
ON YOUR TOES. >> SPECIAL MAGISTRATE: YOU ARE NOT. YOU CAN CROSS EXAMINATION HIM IF
YOU WOULD LIKE TO. >> I WASN'T SURE -- HE WAS ASKING QUESTIONS. I DON'T KNOW IF HE WAS ATT ATTEMPTING TO ASK QUESTIONS OF A WITNESS.
THE ONLY ONE CALLED SO FAR BY THE CITY IS MR. RABENECKER.
SO I AM NOT SURE WHO HE IS DIRECTING HIS QUESTIONS TO OR IF
THEY ARE JUST RHETORICAL. >> I AM A RETIRED POLICE OF R OFFICER. AND I HAVE GOT A LOT OF INSIGHT AS FAR AS THE REQUIREMENTS FOR SIGNS AND THINGS LIKE THAT.
AND THAT IS A VERY LOW SIGN. TYPICALLY SIGNS HAVE TO BE A CERTAIN HEIGHT TO BE A LEGAL SIGN.
AND IT SHOULD -- SHOULD THAT SIGN LIKE THAT BE PARKED OR SHOULD BE AT THE BEGINNING WHEN YOU COME TO THE PARK.
SHOULDN'T BE WAY IN THE BACK WHERE YOU DON'T SEE IT.
AND I AM GUESSING JUST FROM YOU SCROLLING THAT IT IS SEVERAL HUNDRED FEET OR MORE FROM WHERE I WAS PARKED AT.
>> MICHAEL RABENECKER: IT COULD BE.
BUT THIS IS, LIKE, THE ENTRANCE OF THE PARK.
[00:15:01]
>> BUT THAT IS -- >> SPECIAL MAGISTRATE: SIR, PLEASE. LET MINIMUM FINISH BEFORE YOU --
>> MICHAEL RABENECKER: THAT IS THE ENTRANCE OF THE PARK WHERE
PEOPLE COME IN. >> WHICH ENTRANCE IS THAT,
>> NOT BY OCEAN WHERE I WAS PARKED?
>> MICHAEL RABENECKER: NO. >> THAT SIGN DID NOT CROSS MY PATH. SO THAT IS ONE ISSUE I HAVE.
THE ONLY SIGN I SAW WAS SAID OVERFLOW PARKING AND IT HAD AN ARROW POINTED IN THE GENERAL DIRECTION WHERE I WAS PARKED AT.
THE CITATION THAT WAS ISSUED WAS FOR PARKING ON A RIGHT-OF-WAY, OWNED AND MAINTAINED BY THE CITY, BUT THIS IS NOT A RIGHT-OF-WAY. A RIGHT-OF-WAY IS DEFINED AS AN EASEMENT FOR PUBLIC TRAVEL BY DEPARTMENT OF TRANSPORTATION.
IT IS A PRIVILEGE, A RIGHT FOR OWNERSHIP TO USE IN SOME WAY, BUT IT IS ALSO ANOTHER DEFINITION IS A PATHWAY OF THOROUGHFARE SUBJECT TO SUCH A RIGHT OR AN EASEMENT DEVOTE OR REQUIRED TO USE AS A TRANSPORTATION FACILITY.
THE PURPOSE OF THIS GRASS ISLAND IS JUST -- IT IS A GRASS ISLAND.
IT IS NOT A RIGHT-OF-WAY. SO I BELIEVE I WAS CITED UNDER IMPROPER CODE. BECAUSE IT IS NOT A RIGH Y RIGHT-OF-WAY. IT IS -- IT IS JUST LANDSCAPING IS ALL IT IS. OKAY.
SO THAT IS ONE OF MY -- MY CONTENTIONS ANOTHER CONTENTION I HAVE STATE, MUNICIPALITY SHALL NOT ENACT ANY FEE FOR PARKING ON PUBLIC STREETS AND HIGHWAYS FROM A VEHICLE THAT DISPLAYS A PARKING PERMIT OR LICENSE UNDER SEVERAL STATUTES WHICH I DO HAVE. SO I WAS, YOU KNOW, ISSUED A CITATION EVEN THOUGH I AM DESIGNATED HANDICAP -- DESIGNATED HANDICAPPED PARKING PRIVILEGES, SAYS THE DRIVER OF THE VEHICLE THAT IS PARKED IN PROVISION SUBSECTIONS 1 MAY NOT BE PENALIZED FOR PARKING IN CLEARLY DEFINED BUS LOADING, ACCESS AISLES ADJACENT TO THE PARKING SPACES FOR PERSONS WHO HAVE DISABILITIES OR AREAS POSTED AS NO PARKING ZONES OR AS EMERGENCY VEHICLE ZONE WITH K PARKING IN EXCESS OF POSTED TIME LIMITS. FOR THAT REASON I BELIEVE THAT THIS CITATION WAS IMPROPERLY ISSUED ALSO.
THERE WAS A LETTER FROM ATTORNEY GENERAL ROBERT BUTTERWORTH AND DATED MARCH 21, 2001 REGARDING WHETHER OR NOT A COUNTY OR MUNICIPALITY CAN IMPOSE MORE STRINGENT PARKING REGULATIONS ON THE RIGHT-OF-WAY OF STATE ROADS. AND IT MAY -- THE SUMMARY IS THAT IT MAY NOT IMPOSE MORE STRINGENT PARKING REGULATIONS ON SUCH ROAD. FLORIDA UNIFORM TRAFFIC LAWS 3:16 WAS ENACTED TO MAKE UNIFORM LAWS THROUGHOUT THE STATE AND SEVERAL COUNTIES AND UNIFORM TRAFFIC ORDINANCES TO APPLY IN ALL MUNICIPALITIES. AND THE STATE STATUTE FOR PARKING DOES NOT HAVE A PROVISION FOR THIS PARTICULAR SITUATION, OKAY. AGAIN, HERE IS ANOTHER DEFINITION. RIGHT-OF-WAY MEANS LAND OF WHICH THE STATE DEPARTMENT, A COUNTY, OR MUNICIPALITY OWNS AND FEE AND EASEMENT DEVOTED TO BE REQUIRED TO USE AS A TRANSPORTATION FACILITY. THERE IS NO TRANSPORTATION FACILITY INVOLVING THIS PARCEL OF LAND.
THIS PARCEL OF LAND IS A PARK. IF YOU LOOK AT THIS DRAWING, THE ONE ON YOUR SCREEN RIGHT NOW. THAT BLUE LINE INDICATES THE PARK BOUNDARY. AND OUTSIDE OF THAT PARK BOUNDARY. THE GRASSY AREA BETWEEN THE BOUNDARY, THE SIDEWALK ITSELF AND THE LAND BETWEEN THE SIDEWALK AND THE ROAD IS THE AREA DEFINED AS A RIGHT-OF-WAY.
BEYOND THAT BLUE LINE INWARD INTO THE PARK IS NOT A RIGHT-OF-WAY AS PER THE D.O.T. DEFINITION.
IT IS JUST LAND. I WASN'T BLOCKING ANYONE'S EGRESS AND INGRESS. I JUST PARKED IN AN AREA WHERE A WHOLE BUNCH OF OTHER CARS P PARKED.
I WAS THE LAST CAR TO PULL INTO THE ONE SPACE THAT WAS STILL OPEN AND LOOKED UP IT WAS SET UP FOR PARKING.
AND IT WAS -- YOU KNOW, I -- I UNDERSTAND NOW WHEN I WENT BACK
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TO MY VEHICLE AND ALL THE OTHER VEHICLES WERE GONE THAT, YOU KNOW, THAT MY VEHICLE BEING -- THERE WERE TWO THERE AS IN ONE OF THOSE PICTURES. BUT IT DIDN'T LOOK LIKE IT DID WHEN I GOT THERE. WHEN I GOT THERE, THE ENTIRE GRASSY AREA WAS FILLED UP WITH CARS THAT WERE METICULOUSLY PARKED AS IF THEY WERE PARKING SPACES AND I PULLED INTO THE LAST REMAINING EMPTY SPOT AND I WENT TO MY CHARITY EVENT.SO I GUESS -- I GUESS THAT IS ALL THE DEFENSIVE, YOUR HONOR.
>> SPECIAL MAGISTRATE: THANK YOU.
ANY CROSS? >> SIR, DO YOU HAVE ANY ITEMS IN PRINT THAT YOU WANT THE SPECIAL MAGISTRATE TO CONSIDER?
>> I DID AND MY PRINTER RAN OUT OF INK THIS MORNING, UNFORTUNATELY. I E-MAILED MOST OF WHAT I HAD TO
THE SPECIAL MAGISTRATE. >> WHAT E-MAIL DID YOU SEND IT
TO? >> I SENT IT THROUGH WHOEVER I FILED THE APPEAL WITH. THEY SAID IT WOULD BE FORWARDED
TO THE SPECIAL MAGISTRATE. >> YOU FORWARDED THE STATUTES AND THE AG OPINION YOU ARE REFERRING TO?
>> I BELIEVE I DID. I CAN GIVE YOU THE COPY THAT I HAVE RIGHT HERE. EVER.
I AM DONE WITH IT SO -- ALSO IF YOU WOULD LIKE, I CAN GIVE YOU THE COPIES I HAVE OF THE OVERVIEW -- THE PICTURE -- THE PRINTER DIED, BUT THIS IS THE WAY -- ALL THESE SPACES HAD VEHICLES IN THEM WHEN I PULLED IN.
AND I PULLED IN THIS WAY. I SAW THAT SIGN AND CONTINUED THIS WAY AND THEN I PULLED IN THAT WAY.
SO I DIDN'T NULL AND GO AGAINST THE GRAIN LIKE THAT.
AND THEY ARE ALSO -- IN FULL DISCLOSURE, THERE IS A WATER TYPE TREATMENT FACILITY HERE AND THERE IS A NO PARKING SIGN THAT INDICATES NOT TO BLOCK THIS DRIVEWAY ACCESS.
BUT THAT DIDN'T APPLY TO THIS AREA EITHER.
>> I AM SORRY, WHAT IS THIS? THIS IS A RENDERING YOU HAVE
DONE? >> IT WAS A SCREEN SHOT OF M
MAPQUEST. >> BUT THIS BOX HERE, SOMETHING
THAT IS MY BEST DEPICTION OF WHERE THE VEHICLES WERE PARKED WHEN I PULLED IN. WHEN I PULLED IN, ALL THOSE RECTANGLES HAD A VEHICLE IN M THEM.
WHEN I GOT BACK TO MY VEHICLE, THERE WERE ONLY TWO VEHICLES LEFT BEHIND AND COINCIDENTALLY THEY WERE BOTH FULLY DISABLED
VETERANS VEHICLES. >> SPECIAL MAGISTRATE -- DO YOU WANT THE SPECIAL MAGISTRATE TO HAVE ALL OF THESE DOCUMENTS?
>> YES. >> I HAVE NO OBJECTION TO THEM BEING PROVIDED TO YOU. AND IN FULL CANDOR, THEY ARE PARTIAL PULLS FROM PLACES THAT I CAN'T DETERMINE WHERE THEY HAVE COME FROM. SO QUITE FRANKLY, I DON'T KNOW IF I CAN ADEQUATELY ADDRESS WHAT HE IS PROVIDED TO YOU BECAUSE THEY ARE NOT FULL STATUTES. THEY ARE NOT -- YOU KNOW, OFF OF THE FLORIDA STATE STATUTE WEB SITE.
THE AG OPINION LOOKS LIKE IT MAY BE MISSING SOME PEOPLE.
I AM NOT SURE IF THE PAPERS GOT MIXED UP.
>> IT IS POSSIBLE AND MY PRINTER MESSED UP.
>> FULL CANDOR I CAN'T ADEQUATELY ADDRESS THEM AT THIS
POINT IN TIME. >> SPECIAL MAGISTRATE: THANK YOU. ANYTHING FURTHER?
>> NO MA'AM. >> SPECIAL MAGISTRATE: IN ONE OF THE DOCUMENTS YOU PRESENTED, IT SAYS DEFINITION AND CASE LAW FOR PARKING CITATION FOR APPEAL. AND THERE IS A SECTION 34-35, SUBSECTIONS S. PARKING PROHIBITED ON CITY RIGHT-OF-WAY. NO PERSON SHALL STOP, STAND OR PARK A VEHICLE EITHER FULLY OR PARTIALLY UPON ANY RIGHT-OF-WAY OWNED AND MAINTAINED BY THE Y CITY.
THERE ARE TWO PARTS TO THAT. >> YES.
BUT THE DEFINITION OF RIGHT-OF-WAY.SPECIFIC TO TRAFFIC THOROUGHFARE. AND ON MY EXPERIENCE AS A POLICE OFFICER OVER 34 YEARS, DEFINITION OF RIGHT-OF-WAY WAS EITHER THE ROADWAY OR THE AREA -- MOST OF THE TIME IT IS ABOUT 13 FEET OF EITHER SWALE OR GRASS OR SIDEWALK AREA THAT IS PART OF THE PROPERTY THAT IS -- IT'S A -- IT IS AN EASEMENT IS WHAT I
[00:25:02]
UNDERSTAND IT TO BE. AND BEYOND AND INSIDE THE PARK BOUNDARY, THAT IS NO LONGER A RIGHT-OF-WAY.THAT IS JUST PARK PROPERTY. BECAUSE THE RIGHT-OF-WAY IS THAT AREA THAT IS ADJACENT TO THE ROADWAY.
>> SPECIAL MAGISTRATE: WELL, WHAT ABOUT THE SIGN THAT SAYS PARKING IN DESIGNATED SPACES ONLY?
>> I NEVER SAW THAT SIGN, YOUR HONOR.
I WASN'T IN THAT AREA OF THE PARK.
AS HE EXPLAINED, IT IS SEVERAL HUNDRED FEET TO THE WEST OF WHERE I WAS PARKED AT. SO I DIDN'T HAVE TO GO BY THAT SIGN TO PARK THERE. AND, YOU KNOW, I -- LIKE I SAID, TOO, TYPICALLY A PARKING SIGN -- A LEGALLY ENFORCEABLE PARKING SIGN IS SUPPOSED TO BE -- SEVEN FEET TALL.
I AM NOT SURE THE EXACT HEIGHT. I COULD LOOK IT UP.
BUT THAT IS JUST A DECORATIVE SIGN.
NOT A LEGALLY BINDING SIGN THAT IS CONTROLLING PARKING.
THERE ARE STRICT, YOU KNOW, REGULATIONS THAT THE STATE HAS AS FAR AS HOW HIGH AND HOW THE LETTERING SHOULD BE.
AND THAT SIGN IS 18 INCHES OFF THE GROUND.
EVEN IF I HAVE DRIVEN PAST THAT SIGN, I DON'T KNOW IF I WOULD HAVE SEEN IT. MANAGE MANAGE ALL RIGHT.
ANYTHING FURTHER? >> NO MA'AM.
MANAGE MANAGE ALL RIGHT, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION OCCURRED AT JAYCEE PARK AND AT RICH VIRTUAL A PARTY RESPONSIBLE FOR THE VIOLATION.
I WILL FINE YOU $50 FOR THE PARKING VILING AND ADMINISTRATIVE FEE OF $10. YOU HAVE 14 DAYS TO PAY THE TICKET. IF YOU WOULD LIKE TO APPEAL IT, YOU CAN APPEAL HOWEVER YOU WANT TO, BUT FAILURE TO PAY THE FINE WILL RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU COULD INCUR ADDITIONAL FEES AND COSTS.
>> I AM PREPARED TO PAY THE FINE RIGHT NOW.
MANAGE MANAGE YOU HAVE 30 DAYS TO APPEAL.
>> WILL YOU ACCEPT PAYMENT T Y TODAY?
>> JEANNIE CAN TALK TO YOU ABOUT THAT.
>> SPECIAL MAGISTRATE: THAT'S IT THERE IS A PARKING COMMITTEE TRYING TO WORK OUT THE PROBLEMS. THERE IS AN INCREASE OF POPULATION OF PEOPLE VISITING THE PARK AND STUFF.
YOU MIGHT WANT TO FIND OUT WHEN THEY MEET, AND TALITH THEM.
BUT RIGHT NOW, THERE CLEARLY IS A SIGN THAT SAYS PARKING IN DESIGNATED ONLY AND ANOTHER SIGN NEXT TO IT THAT MAY SUPPORT THE
CITY'S POSITION. >> MAY I EXPRESS MY OPINION.
IF I WOULD HAVE GONE THERE AND PARK THERE AND NOT GONE ANYWHERE NEAR THE SIGNS AND I CAN'T ACCESS WITHOUT EVER DRIVING BY THAT SIGN WE ARE REFERRED TO BECAUSE IT IS MUCH, MUCH FURTHER WEST THAN THE PARK, SHOULDN'T THAT SIGN BE POSTED AT THE VERY EARLIEST POINT WHERE PEOPLE CAN PULL INTO THAT AREA AND PARK? BECAUSE THAT SIGN, FOR SOMEBODY WHO -- SAY I WENT IN THERE AND I LOOKED AND I SAW THERE WAS OBVIOUSLY NO SPACES SO I PULLED INTO THAT OVERFLOW LOT, I WOULD NEVER SEE THAT SIGN, YOUR HONOR.
I BELIEVE THAT SIGN SHOULD BE OUT FRONT AND I DO -- I RESPECTFULLY DISAGREE WITH YOUR DECISION BECAUSE I THINK THAT THE FACT THAT THAT SIGN WASN'T UP FRONT MAKES THE CITATION NULL AND VOID. BUT THAT'S JUST MY OPINION.
>> SPECIAL MAGISTRATE: THANK YOU.
>> THANK YOU, YOUR HONOR. >> YOU NEED TO GO UPSTAIRS.
>> SIR, IF YOU WERE INTERESTED IN THE MEETING THE SPECIAL
I WASTED TOO MUCH TIME TODAY FOR $50.
I AM NOT EVEN A FORT PIERCE RESIDENT.
[D. 22-784 PK 100 Blk Avenue D Elizabeth Ann Brown, Carl Brown Michael Rabenecker]
SO THANK YOU. >> OUR NEXT CASE IS 22-784, 100 BLOCK AVENUE. LIZ EIGHT ANNE BROWN, CARL B N
BROWN. >> BEFORE MR. RABENECKER BEGINS, I MAY, SIR, TELL ME YOUR FULL NAME.
>> CARL BROWN. >> THE VEHICLE IN QUESTION IS
REGISTERED TO YOUR DAUGHTER. >> YES, ELIZABETH BROWN.
>> IS SHE ASKING YOU. >> I WAS THE ONE THAT PARKED IT.
I DISCUSSED IT -- SHE DIDN'T ASK ME, BUT I TOLD HER THAT I WOULD
BE TAKING CARE OF THIS. >> I WANT TO MAKE SURE BECAUSE THE VEHICLE IS REGISTERED TO R HER.
>> WE HAD SWAPPED VEHICLES. I WAS DRIVING HER CONVERTIBLE
[00:30:04]
BUGGY. >> I WANT TO MAKE SURE BECAUSE IT IS IN HER NAME THAT WE HAVE THE RIGHT PERSON.
>> CORRECT. I AM AUTHORIZED BY HER TO HANDLE
THIS. >> MR. RABENECKER WILL PRESENT THE CASE AND THEN YOU WILL HAVE AN OPPORTUNITY TO SPEAK.
>> THANK YOU. >> MICHAEL RABENECKER: YOUR HONOR BEFORE YOU THIS MORNING IS CASE NUMBER 22-784.
PARKING STLILTION OCCURRED AT THE 100 BLOCK OF AVENUE D.
THE CASE WAS INITIATED ON FEBRUARY 19, 2022.
THE VIOLATOR CAME BACK AS AN ELIZABETH ANN BROWN, OWNER OF THE VEHICLE. THE CITATION NUMBER 4031.
PARKING VIOLATION OF CODE 34-35 S, PARKING ON THE CITY RIGHT-OF-WAY. THE CITY IS ASKING THAT A $50 FINE BE ASSESSED AND ADMINISTRATION FEE $OF $10.
THE VIOLATOR PROVIDED SOME DOCUMENTATION OF THE TIME FRAME BUT NOT EVERYTHING WAS PROVIDED SO THE CITY IS NOT ASKING FOR A LATE FEE. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS THAT WILL BE DUE AS INDICATED ABOVE. AND FAILURE TO PAY THE FINE WILL BE FORWARDED TO THE COURT S M SYSTEM.
I HAVE HIS CITATION FOR APPEAL, PAPERWORK AND PHOTOS AND DATES STAMPED THE DAY OF THE VIO N VIOLATION.
>> DID HE A CHANCE TO LOOK AT THE PHOTOGRAPHS?
>> THE E-MAIL AND THE FINE. I HAVE NO OBJECTION.
>> AT THIS TIME, THE CITY WILL MOVE INTO EVIDENCE AS CITICOMPOSITES EXHIBIT 1. THE PHOTOGRAPHS FROM MR. RABENECKER. AS R-1 RESPONDENT EXHIBIT, HIS
CITATION APPEAL REQUEST. >> SPECIAL MAGISTRATE: I WILL ADMIT BOTH OF THEM INTO EV E EVIDENCE.
>> ANYTHING FURTHER WOULD YOU LIKE THE SPECIAL MAGISTRATE TO
KNOW AND CONSIDER? >> NO, YOUR HONOR.
NO MA'AM. MAGISTRATE MANAGE SIR, ANYTHING
>> SPECIAL MAGISTRATE: GO AHEAD.
>> I WANT TO TESTIFY AND STATE THAT THERE ARE NO -- NO "NO PARKING"SIGNS ALONG THIS AREA WHATSOEVER.
THERE ARE "NO PARKING" SIGNS ON THE OTHER SIDE COUNTY STREET.
ON THE DAY IN QUESTION, AFTER RECEIVING THE CITATION -- YOU SEE IN THIS PICTURE WHERE THE TRASH CAN IS AND THE -- AND THE ENFORCEMENT OFFICER'S CLIPBOARD. JUST FORWARD OUT OF THE VIEW OF THE CAMERA IS A NO PARKING SIGN LAYING ON THE GROUND FACE DOWN.
I AM SAYING IF YOU WANT TO ENFORCE NO PARKING, MAYBE YOU SHOULD HAVE THE SIGNS STANDING UP THAT SAY "NO PARKING." THAT POLE THAT IS THERE, THAT SIGN SPEAKS ABOUT RV PARKING WITHIN THE THING THAT -- JUST INSIDE THE ROPE, THERE WAS A METAL POLE STICKING UP THAT WAS CROPPED UP.
YOU CAN'T SEE THE TOP OF THE PICTURE BUT THE SIGN REFERS TO RV OVERNIGHT PARKING. THERE IS NOT A NO PARKING SIGN WHERE I AM PARKED. BUT THERE ARE NO PARKING SIGNS WHERE IT SAYS 172.6 ON THIS PARTICULAR VIEW, NO PARKING N SIGNS THERE THAT ARE CLEAR AS A BELL.
BUT EVERYTHING ALONG THIS SIDE OF AVENUE D ON THE CITY PARKING AREA OF AVENUE D. THERE IS NO SIGNAGE.
MANAGE MAGISTRATE I AM NOT QUITE GETTING WHAT YOU ARE SAYING.
YOU DIDN'T SEE A NO PARKING SIGN FOR THAT PARKING LOT.
>> THE PARKING SIGN WAS KNOCKED DOWN AND LAYING DOWN WITH THE PART THAT READS "NO PARKING" FACE DOWN IN THE GRASS.
I DIDN'T NOTICE IT WHEN I GOT THERE.
THE DRIVER'S DOOR. IT WAS ON THE PASSENGER SIDE FORWARD OF THAT TRASH CAN THAT YOU CAN SEE THAT THE SIGN WAS DOWN. I DROVE PAST THERE THIS MORNING JUST TO CHECK. AND THERE ARE NO -- THERE ARE NO SIGNS THERE AT ALL. THE LAID-DOWN SIGN IS NOT EVEN PRESENT. BUT THE SIGNS ON THE OTHER SIDE OF THE STREET THAT SAY "NO PARKING"ARE THERE.
>> IN THAT VIEW, THE SIGN SAYS NO OVERNIGHT OR RV PARKING.
DOESN'T SAY ANYTHING ABOUT NO PARKING IN THAT AREA.
>> SPECIAL MAGISTRATE: ANYBODY WANT TO RESPOND TO THAT?
>> I BELIEVE MR. RABENECKER CAN EXPLAIN THE NO PARKING SIGNS.
>> MICHAEL RABENECKER: THES HE IS TALKING ABOUT OVER ACROSS THE STREET ARE FOW-AWAY SIGNS THAT THE OWNER OF THE PROPERTY PUT UP
[00:35:03]
THERE SAYING IF YOU PARK ON HIS PRIVATE PROPERTY, YOU KNOW,VIOLATORS WOULD BE TOWED AWAY. >> THAT IS PRIVATE PROPERTY.
>> WHERE IT SAYS 172.6, THAT IS PRIVATE PROPERTY.
>> MICHAEL RABENECKER: AND N SIGNS SAY NO PARKING, VIOLATOR ALSO BE TOWED AWAY. THEY ARE NOT CITY SIGNS THAT SAY
NO PARKING AT A TIME. >> THE LOT WHERE HE WAS PARKED,
THE CITY LOT. >> MICHAEL RABENECKER: RIGHT
THERE. >> IS THAT ROPED OFF WITH --
>> MICHAEL RABENECKER: CORRECT. YOU SEE THE ROPE ON THE PICTURE.
THE PARKING IS INSIDE THE ROPE. INSIDE THERE.
NOT -- >> ALL THOSE LEGAL PARKING SPOTS
ROPED OFF AND PILLARED OFF? >> MICHAEL RABENECKER: INSIDE THERE. WHERE HE IS PARKED IS A CITY RIGHT-OF-WAY WHERE SOMETIMES THERE ARE ELECTRICAL MARKERS.
LIKE SURVEY FLAGS AND DIFFERENT THING LIKE THAT.
THAT IS CITY RIGHT-OF-WAY. >> IF I MAY RESPOND.
AT THE DAY IN QUESTION, NO SUCH FLAGS OR ANYTHING INDICATING THAT THERE WAS ANYTHING THERE. YES, I AM NOT DISPUTING THE FACT THAT IT IS OUTSIDE THE ROPED OFF AREA.
NOT IS NOT IN DISPUTE. IT IS NOT ON THE ROADWAY WHICH I WOULD CONSIDER TO BE THE RIGHT-OF-WAY, BUT -- AND THERE ARE NO SIGNS. BUT THERE ARE SIGNS ACROSS THE STREET. I REALIZE THAT THE CITY DID NOT PUT -- AFTER HEARING HIS TESTIMONY, I REALIZED THAT THE CITY DID NOT POST THOSE SIGNS BUT NOT REASONABLE FOR A L LAYPERSON TO KNOW -- DOESN'T SAY PRIVATE PROPERTY.
SAYS NO PARKING. NO WAY IT INDICATES THE DIFFERENCE. AND, AGAIN, AS OTHER PEOPLE WERE PARKED ALL OVER, IT SEEMED -- IT SEEMED REASONABLE AT THE TIME.
>> SPECIAL MAGISTRATE: ANYTHING ELSE?
>> NO MA'AM. >> SPECIAL MAGISTRATE: MR.
RABENECKER? >> MICHAEL RABENECKER: NO, YOUR
HONOR. >> SPECIAL MAGISTRATE: BASED ON THE EVIDENCE I FIND THAT A VIOLATION AT 100 BLOCK AVENUE D AND THAT CARL BROWN ADMITTED TO THE PERSON BEING IN VIOLATION OF THAT PARTICULAR CITY ORDINANCE. I AM GOING TO FINE HIM 50, AN ADMIN FEE OF $10 FOR A TOTAL FEE OF $60.
YOU HAVE 14 DAYS TO PAY. 30 DAYS TO APPEAL.
>> IF YOU WANT TO PAY TODAY, THEY CAN HELP YOU PAY TODAY BUT
THE SPECIAL MAGISTRATE -- >> JUST FOR MY OWN EDIFICATION, DOES THE CITY NOT HAVE TO POST NO PARKING SIGNS WHERE THERE IS
NO PARKING? >> WHAT THE CITY USUALLY DOES IS PLACE SIGNS WHERE YOU ARE SUPPOSED TO PARK.
>> WHERE YOU ARE ALLOWED TO K PARK?
>> WHERE YOU ARE ALLOWED TO K PARK.
>> TOUCH QUESTIONS OF ANY OF THE PARKING REGULATIONS.
THEY ARE ALL ON -- CALLED MUNI CODE.
>> BUT IT SEEMS AMBIGUOUS TO ME BECAUSE YOU DON'T DRIVE ON THE GRASS. AGAIN I AM NOT ARGUING THOSE POINTS FURTHER. JUST TRYING TO UNDERSTAND HOW A REASONABLE PERSON WOULD KNOW THAT YOU CAN'T PARK THERE IF IT
DOESN'T SAY NO PARKING. >> I DISAGREE WITH YOU, BUT THE SPECIAL MAGISTRATE MADE THAT DECISION TODAY.
>> THANK YOU VERY MUCH. HAVE A GOOD DAY.
[B. 22-1298 PK 100 Blk AE Backus Ave Jeffrey Barrick, Maria Kathryn Downs Michael Rabenecker]
>> OUR NEXT CASE IS 22-1298. 100 BLOCK AE BACKUS.
JEFFREY BARRICK AND MARIA KATHERINE DOWNS.
THIS ONE WILL BE TELEPHONE, OKAY.
MANAGE MANAGE HOW MANY PHONE HEARINGS DO WE HAVE?
>> THREE. >> SPECIAL MAGISTRATE: OKAY.
>> HI, THIS IS KATHERINE. IS THIS JEFFREY?
>> YEAH, HI, KATHERINE, HOW ARE YOU.
>> GOOD. I HAVE YOU ON SPEAKER IN THE CITY COMMISSIONER CHAMBERS THIS MORNING FOR THE SPECIAL
>> I AM GOING TO GO AHEAD AND SWEAR NEW, OKAY?
>> OKAY. >> PLEASE RAISE YOUR RIGHT HAND
[00:40:01]
AND STATE YOUR NAME FOR THE RECORD.>> JEFFREY MICHAEL BARRICK. >> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
>> I DO. >> WE WILL LET THE CITY PRESENT ITS CASE AND YOU WILL HAVE A CHANCE TO SPEAK AFTER.
>> OKAY. >> MICHAEL RABENECKER: CASE NUMBER 22-1298, A PARKING VIOLATION WITHIN THE CITY OF FORT PIERCE. THE VIOLATION OCCURRED AT THE 100 BLOCK OF AE BACKUS AVENUE. CASE WAS INITIATED APRIL 9, 2 2022. THE VIOLATOR CAME BACK AS A JEFFREY BARRICK AND A MARIA KATHERINE DOWNS.
THE CITATION WRITTEN WAS NUMBER 10507.
PARKING VIOLATION OF CODE SECTION 34-35-S, PARKING ON THE CITY RIGHT-OF-WAY. THE CITY IS ASKING FOR A $50 FINE TO BE ASSESSED AND ADMINISTRATION FEE OF $10 FOR A TOTAL DUE OF $60. THE CITY REQUESTED IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXIST WILL BE ASSESSED THE TOTAL DUE. AND FAILURE TO TO PAY SUCH A FINE WILL BE RESULTED IN THE CITATION TO BE FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODUCE AS EVIDENCE OF THE VIOLATION AND THEY ARE DATE, TIME STAMPED AND ACCURATELY PORTRAY THE VIOLATION AS I SAW IT.
ALSO HAVE THE PARKING CITATION APPEAL THAT THEY SUBMITTED.
SO I WILL PRESENT THAT. >> WAS ALL OF THAT E-MAILED TO
HIM PRIOR TO THE HEARING? >> YES.
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE CITY COMPOSITE EXHIBIT 1-A THROUGH E IS THE PHOTOGRAPHS FOR MR. RABENECKER. AND THEN EXHIBIT 2 IS THE CITATION APPEAL REQUEST MANAGE MAGISTRATE IT WILL BE ADMITTED
AS SUCH. >> SPECIAL MAGISTRATE: ANYTHING
FURTHER MR. RABENECKER? >> NO, YOUR HONOR.
>> SPECIAL MAGISTRATE: I AM FRAN ROSS, THE SPECIAL MAGISTRATE. HOW DO YOU RESPOND TO THE
I CAN NOW. >> HOW DO YOU RESPOND?
>> NOT GUILTY. >> SPECIAL MAGISTRATE: HOW DO YOU RESPOND TO THE ALLEGATIONS MADE BY MR. RABENECKER.
>> I WAS PARKED ON THE GRASS. THERE IS NO SIGN SAYING I CAN'T PARK THERE. SO I PLEAD THAT I AM NOT GUILTY.
NO SIGN SAYING I CAN'T PARK THERE.
MANAGE MAGISTRATE ANYTHING FURTHER?
>> MARIA WOULD LIKE TO SAY SOMETHING.
>> I AM TAKING CARE OF MY MOM AND THAT IS WHY WE CAN'T SEE NEW
PERSON. >> SPECIAL MAGISTRATE: HOLD ON.
>> I WAS NOT. >> I NEED TO SWEAR YOU IN, M A MARIA. STATE YOUR RIGHT HAND AND STATE
YOUR NAME FOR THE RECORD. >> MARIA KATHERINE DOWNS.
>> DO YOU AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE
YOUR HONOR, SORRY FOR THE L LAST-MINUTE SWORN IN.
>> SPECIAL MAGISTRATE: HOW DO YOU RESPOND?
>> NOT GUILTY AT ALL. NOTHING TO DO WITH EVERYBODY ELSE THAT DID WHAT WE DID, BUT THERE IS NO SIGNS THAT SAY NO PARKING OR PRIVATE PROPERTY. YOU KNOW, AND WE HAVE BEEN BEFORE. WE ARE FLORIDA RESIDENTS.
I MEAN, I HAVE BEEN HERE SINCE 2012 AND NEVER WHEN THE OTHER REGULAR PARKING LOT IS FULL THAT -- AND -- I NEVER GOT A TICKET.
I MEAN, JUST ASSUMING BECAUSE -- AS LONG AS YOU ARE NOT IN THE ROAD AND ON THE GRASS WITH NOT BEING ANY NO PARKING SIGNS.
YOU KNOW, OF COURSE IF THERE S WAS.
AND MY HUSBAND CAN SPEAK FOR HIMSELF, BUT BEING A RETIRED POLICE OFFICER, YOU KNOW, I -- WE WOULDN'T DO SOMETHING THAT IS NOT A VILING OF THE CITY OR COUNTY OR STATE.
I MEAN, YOU KNOW, I AM JUST VERY UPSET ABOUT THIS, YOU KNOW.
COMPLETELY -- WE ARE NOT GUILTY. WE DIDN'T DO ANYTHING WRONG.
IF WE ARE NOT SUPPOSED TO PARK WHERE WE PARKED, THERE SHOULD BE SIGNS. YOU GOT TO LET EVERYBODY KNOW -- NOT JUST US FLORIDIANS, BUT ALSO -- PEOPLE WHO ARE OUT OF STATE. AND YOU GOT TO TELL PEOPLE.
YOU KNOW, YOU CAN NOT PARK HERE. AND THAT'S HOW I FEEL ABOUT S THIS. THIS IS UPSETTING.
FOR SOME PEOPLE $50 TO $60 ISN'T MUCH MONEY, BUT YOU KNOW WHAT,
[00:45:04]
IT IS. FOR SOMETHING THAT WE DIDN'T FEEL WE DID ANYTHING WRONG. AND THAT'S HOW I AM STATING HOW I FEEL ABOUT THIS. AND THAT'S HOW -- WE ARE UPSET AS FLORIDIANS. THIS IS TERRIBLE.THIS IS -- YOU ARE NOT SUPPOSED TO PARK THERE.
PLEASE, PLEASE, YOUR HONOR, HAVE THE CITY PUT UP SIGNS TO SAY YOU CANNOT PARK THERE. I AM DONE.
MANAGE MAGISTRATE ALL RIGHT. ANYTHING FURTHER.
>> NO, YOUR HONOR. >> THEN BASED ON THE EVIDENCE AND TESTIMONY I FIND THAT A VIOLATION EXISTS AND THAT JEFFREY BARRICK AND MARIA KATHERINE DOWNS ARE THE PARTIES RESPONSIBLE FOR THE VIOLATION. I WILL ASSESS A FINE OF $50 PLUS AN ADMIN FEE OF $10 AND A TOTAL FEE OF $60.
YOU HAVE 14 DAYS TO PAY. 30 DAYS TO APPEAL.
ALSO YOU NEED TO KNOW THAT FAILURE TO PAY SUCH FINE WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU CAN OCCUR ADDITIONAL FEES AND COSTS.
>> OKAY. I AM SORRY, YOUR HONOR, WHAT WAS
YOUR NAME AGAIN? >> SPECIAL MAGISTRATE: FRAN ROSS. R-O-S-S.
>> YOUR HONOR, I DON'T KNOW WHERE YOU FIND US GUILTY OF S THIS. WHERE ARE WE GUILTY?
>> SPECIAL MAGISTRATE: MA'AM, I MADE MY RULING.
YOU CAN APPEAL MY DECISION. >> OKAY, YOUR HONOR.
THANK YOU FOR YOUR TIME. >> SPECIAL MAGISTRATE: YOU ARE
WELCOME. >> SPECIAL MAGISTRATE: NEXT
[C. 22-1324 PK 100 Blk AE Backus Ave Beth Hunkins Edgley Michael Rabenecker]
CASE. >> 22-1324100 BLOCK AE BACKUS AVENUE. BETH HUNDREDKINS EDGLEY.
I WILL GO AHEAD AND CALL HER W NOW.
>> HELLO? >> HI, IS -- THIS IS KATHERINE.
I AM CALLING FROM THE SPECIAL MAGISTRATE.
CAN I SPEAK TO BETH? >> THIS IS HER HUSBAND AND YOU ARE ON MY CELL NUMBER. SO YOU NEED TO CALL HER NUMBER,
I GUESS. >> I CALLED HER NUMBER AND IT IS NOT SOUND WILLING DIRECT IN OUR SYSTEM.
I WILL GO AHEAD AND TRY HER ONE MORE TIME.
>> WHICH ONE DO YOU HAVE. >> 518-254-2230.
>> I WILL GIVE YOU A HOME NUMBER TOO.
I AM NOT HOME, BUT I'M PRETTY SURE SHE IS.
[00:50:02]
THIS IS KATHERINE. I AM CALLING FROM THE SPECIALMAGISTRATE HEARING. >> HI, KATHERINE.
GOOD MORNING. >> I HAVE YOU ARE LIVE IN THE COMMISSION CHAMBERS THIS MORNING AND WE WILL GO AHEAD AND LET THE CITY PRESENT THEIR CASE AND YOU WILL HAVE A CHANCE TO SPEAK
>> I AM GOING TO GO AND SWEAR YOU IN FIRST.
>> OKAY. >> PLEASE RAISE YOUR RIGHT HAND AND STATE YOUR NAME FOR THE RECORD.
>> BETH H. EDGLEY. >> SO YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH?
>> MICHAEL RABENECKER: YOUR HONOR BEFORE YOU THIS MORNING IS CASE NUMBER 22-1324 PARKING VIOLATION THAT OCCURRED IN THE 1 100 BLOCK OF AE BACKUS AVENUE WITHIN THE CITY OF FORT PIERCE.
THE CASE WAS INITIATED APRIL 9, 2022.
THE VIOLATOR CAME BACK AS A BETH HUNDREDKINS EDGLEY, PARKING VIOLATION OF CODE SECTION 34-35 S, PARKING ON THE CITY RIGHT-OF-WAY. THE CITY IS ASKING FOR A $50 FINE TO BE ASSESSED AND ADMINISTRATION FEE OF $10 FOR TOTAL DUE OF $60. THE CITY REQUESTED IF THE SPECIAL MAGISTRATE FINDS IT EXISTS, WILL BE ASSESSED THE FINAL DUE ABOVE AND FAILURE TO PAY WILL BE FOR THE CITATION TO GO TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS INTRODUCED AS EVIDENCE. THEY ARE DATE-TIME STAMPED AND ACCURATELY PORTRAY THE VIOLATION AS I WITNESSED IT.
>> WERE THESE SENT TO THE RESPONDENT PRIOR TO TODAY'S HEARING? KATHERINE, WERE THE PHOTOGRAPHS PROVIDED TO THE RESPONDENT PRIOR TO TODAY'S HEARING?
>> YES, MA'AM. >> THE BACK OF THIS, WE HAVE MISS EDGLEY'S APPEAL REQUEST, AS WELL AS PHOTOGRAPHS SHE PRE
PRESENTED, CORRECT? >> YES, MA'AM.
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE EXHIBIT 1-A THROUGH F. THE CITY PHOTOGRAPHS AND R 1 A-D, THE RESPONDENT'S APPEAL PACKET.
>> SPECIAL MAGISTRATE: THANK YOU.
THEY WILL BE ADMITTED AS SUCH. ANYTHING FURTHER?
>> MICHAEL RABENECKER: NO, YOUR HONOR.
>> SPECIAL MAGISTRATE: MISS EDGLEY, DO YOU HAVE ANYTHING TO
I WAS JUST, YOU KNOW, LOOKING FOR A PARKING SPOT.
THAT PARKING LOT WAS FULL. I WENT INTO TOWN.
CIRCLED AROUND. COULDN'T FIND A PARKING SPACE.
I WAS TRYING GO TO THE LIBRARY. SO I WENT BACK THINKING THERE MIGHT BE A PARKING SPACE ACROSS FROM THE MANATEE CENTER BECAUSE I KNOW THAT IS A BIG LOT AND THAT WAS FULL.
SO I -- YOU KNOW, I LOOKED. PULLED OVER.
LOOKED. ON THE EDGE WHERE I DID PARK AND LOOKED ON BOTH SIDES. THERE WEREN'T ANY SIGNS THAT SAID NO PARKING. THERE WERE A COUPLE OF OTHER R CARS PARKED THERE WHICH DOESN'T MEAN IT IS RIGHT, OBVIOUSLY.
BUT I DIDN'T SEE ANY "NO PA G PARKING" SIGNS WHERE I PARKED.
I AM -- I AM CONSCIENTIOUS. AND I PAY ATTENTION TO THAT.
SO I THOUGHT SINCE THERE WEREN'T ANY SIGNS THAT IT WOULD BE OKAY TO PARK THERE. I WASN'T ON THE ROAD.
SO THAT'S MY -- THAT IS MY TAKE ON IT.
I FEEL LIKE -- AND I DID SEE THE OFFICER.
HE WAS THERE WRITING UP TICKETS WHEN I CAME BACK TO MY CAR.
AND SO I SPOKE WITH HIM AND HE JUST SAID, WELL, IT IS A RIGHT-OF-WAY, CITY RIGHT-OF-WAY, AND I SAID, BOY, I HAD NO IDEA ABOUT THAT. IT WOULD BE HELPFUL IF THERE WERE SIGNS AND I CERTAINLY WOULDN'T PARKED THERE.
HE SAID WE CAN'T PUT NO PARKING SIGNS UP ON ALL OF THE RIGHT-OF-WAYS. SO, YOU KNOW, THAT WAS HIS -- THAT WAS HIS RESPONSE. SO I GUESS THAT IS MY SITUATION.
>> SPECIAL MAGISTRATE: ALL RIGHT.
>> SPECIAL MAGISTRATE: YES. >> I DON'T HAVE ANYTHING FURTHER TO SAY. I DEFINITELY WON'T EVER PARK THERE AGAIN. I GUESS IF EVER A SIDE STREET WITH -- YOU KNOW, I WON'T PARK ON IT IF -- NOW THINK THAT REALIZE -- DOES EVERY SIDE STREET, IS THAT THE CITY RIGHT-OF-WAY? I AM NOT FAMILIAR WITH THAT FROM
WHERE I LIVE, BUT -- >> SPECIAL MAGISTRATE: SOMEONE FROM THE CITY WILL HAVE TO ANSWER YOUR QUESTION.
I CAN'T ANSWER QUESTIONS. >> OKAY.
>> DO YOU WANT TO? >> MOST -- MOST ROADS OR STREETS
HAVE A RIGHT-OF-WAY. >> SO THAT -- THAT IS THE SITUATION? I GUESS WHERE I LIVE, YOU KNOW,
[00:55:03]
IF THERE IS ROOM ON THE SIDE OF THE ROAD NEAR A PARKING AREA LIKE THAT, IT IS STILL CONSIDERED OKAY AND THAT'S WHY I FIGURED IT WAS OKAY SINCE THERE WEREN'T ANY NO PARKING SIGN THERE IS. I DO APPRECIATE THAT FORT PIERCE HAS A LOT OF PARKING AREAS. AND I AM ALWAYS APPRECIATIVE OF THAT. SO I AM SORRY I PARKED IN A ZONE THINK THAT SHOULDN'T HAVE. AND I CERTAINLY WON'T DO THATAGAIN. >> SPECIAL MAGISTRATE: THERE ARE SEVERAL PARKING AREAS HERE. TWO GARAGES ON 2ND STREET.
>> YES, I DO -- >> SPECIAL MAGISTRATE: YES?
>> I DO REALIZE THAT NOW. I HEARD OF THAT GARAGE PARKING SPOT. SO I WILL TAKE ADVANTAGE OF THAT FROM NOW ON. NEXT TIME I AM VISITING.
>> SPECIAL MAGISTRATE: ONE HERE AT CITY HALL.
AND THERE IS ONE SOUTH OF HERE ACROSS FROM THE COURTHOUSE.
>> OKAY. I WILL CONSIDER THAT THE NEXT
TIME I AM VISITING. >> SPECIAL MAGISTRATE: ALL RIGHT. ALL RIGHT, ANYTHING FURTHER?
>> MICHAEL RABENECKER: NO, YOUR HONOR.
>> SPECIAL MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTED AT 100 BLOCK AE BACKUS AND THAT BETH HUNKINS EDGLEY IS THE PARTY RESPONSIBLE.
A FINE OF 50 AND ADMIN AT $10. AND A TOTAL OF $60 PAYABLE IN 14 DAY. YOU HAVE 30 DAYS TO APPEAL.
FAILURE TO PAY THE FINE COULD RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU COULD INCUR ADDITIONAL FEES AND COSTS. THANK YOU.
>> OKAY. NO, I CAN GET A CHECK IN THE MAIL. I WAS HOPING MAYBE THERE WOULD BE A CONSIDERATION OF THE SITUATION, BUT IF THERE ISN'T, THEN I NEED TO GET A CHECK IN THE MAIL AND WHAT IS THE CORRECT
ADDRESS TO MAIL THAT, PLEASE. >> I CAN SPEAK TO YOU AFTER THE HEARING, MISS BETH. I WILL GIVE YOU A CALL.
>> OKAY. ALL RIGHT, THANK YOU.
>> THIS IS KATHERINE. >> KATHERINE, THE ADDRESS ON THE BOTTOM OF THE LETTER OR I WILL WAIT TO HEAR FROM YOU.
>> OR I CAN SEND YOU A LINK TO PAY ONLINE TODAY.
>> OKAY, ALL RIGHT. >> ALL RIGHT, BETH.
>> BYE-BYE. >> OUR NEXT CASE 22-1438, 100
[E. 22-1438 PK 100 Blk Avenue B Michael G. Martel Michael Rabenecker]
BLOCK AVENUE B, MICHAEL G. MARTEL.AND I AM GOING TO GO AHEAD AND CALL HIM IN.
>> HELLO, MIKE MARTEL SPEAKING. >> I AM KATHERINE AND CALLING YOU LIVE FROM THE COMMISSION CHAMBERS FOR THE SPECIAL
MAGISTRATE HEARING THIS MORNING. >> OKAY.
>> I WILL GO AHEAD AND SWEAR YOU IN.
>> OKAY. >> RAISE YOUR RIGHT HAND AND
STATE YOUR NAME FOR THE RECORD. >> MY NAME IS MICHAEL MARTEL.
>> DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO
GIVE WILL BE THE TRUTH? >> YES, IT WILL BE.
>> THANK YOU. WE ARE GOING TO GO AHEAD AND LET THE CITY PRESENT THEIR CASE FIRST AND YOU WILL HAVE A CHANCE
>> THANK YOU. >> MICHAEL RABENECKER: YOUR HONOR, BEFORE YOU IS CASE NUMBER 22 1438.
THE VIOLATOR CAME BACK AS MICHAEL G. MARTEL.
CITATION 174 98 VILING OF 34-35 S, PARKING ON CITY RIGHT-OF-WAY.
THE CITY IS ASKING FOR A $50 FINE AND ADMINISTERING FEE OF $10 FOR A TOTAL DUE OF $60. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION BE EXIST THE VIOLATOR WILL BE ASSESSED THE TOTAL A E ABOVE.
FAILURE TO PAY WILL HAVE IT FORWARDED TO THE COUNTY COURT SYSTEM. YOU I TOOK PHOTOS THAT ACCURATELY DATE AND TIME STAMPED AND SHOW THE VIOLATION THINK
THAT WITNESSED. >> WERE THE PHOTOGRAPHS SENT TO
HIM AHEAD OF TODAY'S HEARING? >> YES, THEY WERE SENT THIS
[01:00:01]
MORNING. >> MR. MARTEL, DID YOU RECEIVE
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE 1-A THROUGH F. THE PHOTOGRAPH FROM MR. RABENECKER AND R-1, MR. MARTEL'S REQUEST FOR CITATION APPEAL.
>> SPECIAL MAGISTRATE: IT WILL BE ADMITTED TO SUCH.
ANYTHING FURTHER? >> MICHAEL RABENECKER: NO, YOUR
HONOR. >> SPECIAL MAGISTRATE: HOW DO
YOU RESPOND TO THE ALLEGATIONS. >> I WISH TO REON TWO FRONTS.
ONE BEING APPROXIMATELY FEBRUARY 19, I WAS PARKED IN THAT AREA.
AND AS I WAS PARKING MY CAR THERE, A POLICE OFFICER APPROACHED ME ON A BICYCLE. AND I LOOKED AT HIM AND I POINTED TO MY CAR WITH A LOOK IN MY FACE WITH MAY I PARK THERE.
HE NODDED HIS APPROVAL. WHEN I RETURNED FROM THE MARKET, OF COURSE, I HAD TO TICKET ON THE CAR.
AND I DECIDED TO CONTEST THE VIOLATION.
THAT WAS DROPPED BECAUSE APPARENTLY THE PERSON WHO ISSUED ME THE VIOLATION HAD LEFT THEIR EMPLOYMENT WITH THE CITY.
SO THE VIOLATION STATED THAT I WAS PARKED FACING THE WRONG DIRECTION. SO IT WAS, IN MY OPINION, THAT THE REASON FOR MY VIOLATION WAS PARKED IN THE WRONG DIRECTION.
WHEN I RETURNED IN APRIL, I PARKED IN THE CORRECT DIRECTION.
AND WHEN I RETURNED, I THEN LEARNED THAT I WAS IN VIOLATION OF THE BYLAW FOR THE CITY OR TOWN OF FORT PIERCE.
NOW I -- I THOUGHT TO MYSELF, WELL, I AM GOING TO CONTEST THIS BECAUSE I HAVE A POLICE OFFICER NOD DING YES.
AND THEN I HAVE A VIOLATION STATING THAT I AM PARKED FACING THE WRONG WAY. AND NOW FACED A VIOLATION BECAUSE OF BYLAW. NOW I -- I UNDERSTAND THERE ARE BYLAWS. I DON'T THINK MOST PEOPLE WHEN THEY COME INTO A CITY OR TOWN READ THOSE.
SO IF YOU LOOK AT MY PICTURE WHERE I PARKED MY VEHICLE, ACCORDING TO THIS VIOLATION, I AM ABOUT AS FAR OFF THE ROAD AS I POSSIBLY CAN BE. AND NOT INTERFERING WITH ANY TRAFFIC. THERE IS NO SIGNAGE THERE EXCEPT THERE IS A CONDOMINIUM APPARENTLY THAT IS GOING TO BE BUILT. I FELT OKAY, IT IS SAFE TO PARK THERE FOR THE REASONS I PREVIOUSLY DISCUSSED.
THAT IS THE END OF MY DEFENSE TO MY CONTESTATION OF THIS TICKET.
>> SPECIAL MAGISTRATE: ALL RIGHT.
ANYTHING ELSE FROM THE CITY? >> I DON'T HAVE QUESTIONS FOR HIM. ARGUMENT-WISE WOULD LIKE TO POINT OUT SPECIAL MAGISTRATE THAT YOU CAN SEE THAT IS A RAISED CURB THAT HE HAD TO GO OVER TO PARK THERE.
YOU CAN SEE THE FENCE LINE OF THE PRIVATE PROPERTY THAT HE IS PARKING CLEARLY IN THE RIGHT-OF-WAY BETWEEN A ROAD AND THE PROPERTY LINE OF THE FENCE. AND SORRY, I DON'T KNOW IF THAT IS PRIVATE -- THAT IS -- IS THAT CITY PROPERTY OR PRIVATE
PROPERTY THAT HE IS BESIDE? >> MICHAEL RABENECKER: THAT IS
>> KINGS LANDING. >> IN THE PROCESS OF GOING FROM CITY TO PRIVATE ACTUALLY, BUT YOU CAN SEE WHERE IT IS FENCED OFF AND HE HAS TO GO OVER THE CURB TO GET IN THE RIGHT-OF-WAY
SO THE CITY WILL POINT THAT OUT. >> SPECIAL MAGISTRATE: THANK YOU. HOW DO YOU RESPOND TO THAT, MR.
MARTEL. >> WELL, WHEN LOOKING AT THE BYLAWS, IT APPEARS THAT THE SETBACK FROM THE ROAD WOULD SURPASS THE FENCE INSTALLED BY THE DEVELOPER, I ASSUME BY THE DEVELOPER, WHICH IS OBVIOUSLY WITHIN THE CITY'S BYLAW ARRANGEMENT. I DON'T KNOW HOW THE CITY LET'S THAT HAPPEN OVER A NUMBER OF YEARS AS LONG AS THAT FENCE HAS BEEN THERE, AND AS LONG AS I HAVE BEEN COMING TO FORT PIERCE.
THERE SEEMS TO BE A LACK OF INFORMATION ON WHERE IS THAT LINE. I KNOW THAT I AM PROBABLY ABOUT 15 FEET FROM THE ROADWAY. I KNOW THAT I HAVE SEEN TRUCKS PARK THERE. THOSE WHO WERE INTERESTED IN WORKING ON -- SURVEYING THAT PROPERTY FOR -- OR HAVE IN THE PAST FOR THE FUTURE DEVELOPMENT OR PEOPLE INTERESTED IN LOOKING AT THE LAND AND LOOKING AT THE PROPOSED DRAWINGS.
BECAUSE THE DRAWINGS HAVE ATTRACTED A LOT OF PEOPLE TO PULL OVER THERE AND TO LOOK AT THOSE DRAWINGS.
SO I THINK THAT MY CONTESTATION OF THIS VIOLATION IS -- IT IS FAIR, BECAUSE IF THERE WERE A Y BYLAW IT WOULD SEEM NATURAL THAT
[01:05:03]
THE CITY OR THE TOWN WILL PUT UP A SIGN SAYING NO PARKING HEREAND NOTHING TO THAT EFFECT. >> SPECIAL MAGISTRATE: ANYTHING
>> SPECIAL MAGISTRATE: I HAVE ONE QUESTION, THOUGH.
HOW DO YOU RESPOND OF THE ALLEGATIONS MADE BY THE ASSISTANT CITY ATTORNEY THAT YOU HAD TO DRIVE UP OVER -- WHAT DO
>> SPECIAL MAGISTRATE: A CURB TO GET ON THAT GRASS.
>> WELL, THERE ARE MANY PEOPLE THAT CROSS CURBS TO GET ON TO GRASS. SO NOTHING THAT STATES THAT YOU CAN'T GO OVER A CURB. THERE ARE PEOPLE THAT GO OVER A CURB TO FRONT IN THEIR FRONT LAWNS IN DIFFERENT LOCALES.
I CAN'T SEE WHY THAT WOULD BE AN ISSUE.
>> NO, YOUR HONOR. >> MR. MARTEL.
>> I WOULD LIKE TO ADD THIS ON THIS PART, ON THAT SAME DAY, I WAS AT THE MARKET AND LISTENING TO THE BAND PLAYING AS MOST PEOPLE DO. AND THE BAND DID SAY THEY HAD SOME CONCERNS TO THE PUBLIC WHICH IS KIND OF UNUSUAL TO ME OF THE NUMBER OF $50-PLUS PARKING VIOLATIONS THAT WERE BEING ISSUED AND THE CROWD DID KIND OF MOAN FOR A MOMENT ABOUT THAT. DEPENDS ON TOURISTS AND RESIDENTS TO GO TO THE MARKET AND THESE VIOLATIONS, I UNDERSTAND THEY HAVE TO BE GIVEN IN CERTAIN CASES, BUT IN MY E CASE, I HAD AN APPROVAL BY A POLICE OFFICER.BU
>> I HAD VIOLATION BECAUSE I WAS PARKED THE WRONG WAY.
AND A PARKING VIOLATION IN THE SAME PLACE.
SO IT BECOMES -- LIKE I AM CHASING A BALL.
AND DON'T KNOW WHICH DIRECTION THEY ARE GOING.
I AM 73-YEAR-OLD MAN WHO HAD TWO PARKING VILINGS IN HIS LIFE AND ONE SPEEDING TICKET AND NO ACCIDENTS.
SO I LIKE TO FOLLOW THE RULES AND THE LAWS OF WHATEVER TOWN -- WHATEVER COUNTRY. AND I JUST FEEL THAT I AM BEING PUNISHED HERE FOR A SOMETHING NOT OUTLINED.
>> SPECIAL MAGISTRATE: WERE YOU AWARE THERE ARE TWO PARKING
GARAGES DOWNTOWN FORT PIERCE? >> I REALIZE THERE IS AND I PARKED IN THERE BEFORE. MY WIFE DEVELOPED A BIT OF A PROBLEM AND SHE CAN'T WALK VERY FAR.
THAT IS WHY WE WERE NO LONGER PARKING IN THOSE UNDERGROUND OR SEVERAL LEVELS OF COVERED PARKING.
>> I BELIEVE THE SPECIAL MAGISTRATE KNOW THERE IS A TROLLEY SYSTEM THAT AIDS IN NOT WALKING AS WELL, IF WALKING IS
AN ISSUE. >> SPECIAL MAGISTRATE: DID YOU
HEAR THAT, MR. MARTEL? >> I THINK I UNDERSTOOD SOMEONE WAY THERE WAS A TROLLEY OR SOMETHING.
I DID NOT SEE IT. I WASN'T AWARE OF IT.
IF I WAS AWARE OF IT, WE WOULD HAVE OBVIOUSLY TAKEN IT.
BECAUSE WE GO TO THE MARKET OFTEN.
WE OWN A PLACE -- A HOME IN VERO BEACH.
AND WE ARE REGULARS IN FORT PIERCE.
WE ONCE SPENT A YEAR IN FORT PIERCE.
BUT I WASN'T AWARE OF THAT TROLLEY.
>> AND I WILL LET YOU KNOW, SIR. THIS IS THE ASSISTANT CITY ATTORNEY. IF YOU WANT TO CONTACT THE CITY AFTER THE HEARING, YOU CAN GET ALL THE INFORMATION ON THE SYSTEM. WHEN IT OPERATES, HOW AND WHERE TO USE IT TO UTILIZE IT IN THE FUTURE.
>> APPRECIATE IT. >> YES, SIR.
>> SPECIAL MAGISTRATE: ALL RIGHT.
THERE BEING KNOCK FURTHER. BASED ON EVIDENCE AND TESTIMONY, I FIND THAT A VIOLATION EXISTS AND MICHAEL G. MARTEL IS THE PARTY RESPONSIBLE FOR THE VIOLATION.
FINE YOU 50 PLUS AN ADMINISTRATIVE FEE $10.
GIVE YOU 14 DAYS TO PAY. FAILURE TO PAY SUCH FINE WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU COULD INCUR ADDITIONAL FEES AND COSTS.
YOU HAVE 30 DAYS TO APPEAL. HOW MUCH TIME DO YOU NEED TO Y
PAY? >> WELL, I CAN PAY -- I WILL LIKELY BE WRITING A CHECK AND STICKING IT IN THE MAIL UNLESS THERE IS -- NO, I CAN'T DO THAT EITHER BECAUSE I AM IN CANADA RIGHT NOW. MIGHT TAKE THREE WEEKS, YOUR HONOR, FOR THE CHECK TO ARRIVE AT THE OFFICES AT FORT PIERCE.
CAN YOU GIVE ME AN EXTRA WEEK OR EVEN A MONTH, IF POSSIBLE.
JUST BECAUSE I CAN'T COUNT ON THE MAIL SYSTEM IN EITHER
COUNTRY. >> MR. MARTEL, WILL YOU OKAY SENDING A LINK TO PAY ONLINE VIA E-MAIL?
>> SURE, YEAH. IF I CAN TRANSACT IT FROM A CANADIAN BANK TO YOUR ACCOUNT, YES, I WILL BE HAPPY TO DO THAT.
[01:10:04]
>> NO PROBLEM. I WILL GIVE YOU A CALL RIGHT
AFTER THIS HEARING, OKAY. >> ALL RIGHT, SOUNDS GOOD.
>> THANK YOU. HAVE A GREAT DAY.
>> THANK YOU, YOUR HONOR. >> SPECIAL MAGISTRATE: THANK
[F. 21-3120 South Causeway Park Jeffrey D. Morris Michael Rabenecker]
>> SPECIAL MAGISTRATE: YOU TOO. NEXT CASE.
>> NEXT CASE 21-3120. SOUTH CAUSEWAY PARK.
JEFFREY D. MORRIS. >> MICHAEL RABENECKER: YOUR HONOR, THE NEXT CASE BEFORE YOU IS CASE NUMBER 21-3120.
A VIOLATION THAT OCCURRED AT SOUTH CAUSEWAY PARK.
THE CASE WAS INITIATED ON OCTOBER 10, 2021.
THE VIOLATOR CAME BACK AS A JEFFREY D. MORRIS.
THE CITATION NUMBER WRITTEN WAS 81-26.
A PARKING VIOLATION OF CODE VENGS 24-35 S, PARKING THE CITY RIGHT-OF-WAY. THE CITY IS ASKING THAT A FINE OF 50. AND ADMINISTERING FEE OF $10.
AND LATE FEE OF $18 FOR A TOTAL DUE OF $78.
THE CITY REQUESTS THAT IF THE SPECIAL MAGISTRATE DOES FIND THAT A VIOLATION EXISTS, THE VIOLATOR BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY SUCH A FINE WILL BE FORWARDED TO THE COUNTY COURT SYSTEM.
I HAVE PHOTOS TO INTRODUCE AS EVIDENCE THAT IS DATE AND TIME STAMPED THAT ACCURATELY PORTRAY THE VIOLATION AS I WITNESSED IT.
>> AT THIS TIME ADMIT IT AS COMPOSITE 1.
>> SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER? >> NO, YOUR HONOR.
>> SPECIAL MAGISTRATE: JUST FOR CLARIFICATION.
WHICH ONE IS MR. MORRIS IN THE PHOTOGRAPH.
MKRC? >> MICHAEL RABENECKER: MKRC 43.
>> SPECIAL MAGISTRATE: OKAY. >> MR. RABENECKER, ARE THEY PARKED BEHIND LEGAL PARKING SPOTS?
>> CORRECT. THE CARS AND THE WHITE CHARGER THERE IS PARKED IN -- YOU KNOW, DESIGNATED SPOT AND THESE TWO MOTORCYCLES ARE PARKED RIGHT OFF THE ROADWAY BLOCKING THE REGULAR CARS IN. SO THEY ARE NOT IN A DESIGNATED
PARKING SPOT. >> SPECIAL MAGISTRATE: OKAY.
ANYTHING FURTHER? >> NO, YOUR HONOR.
>> SPECIAL MAGISTRATE: IS JEFFREY MORRIS HERE?
>> MR. MORRIS IS NOT PRESENT. NEITHER IS ANYONE HERE ON THEIR BEHALF. BASED ON THE TESTIMONY I FIND THAT THE VIOLATION EXISTS. HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. FINE HIM $50, ADMIN OF $10.
AND LATE FEE OF $18 FOR A TOTAL OF $78.
HE HAS 14 DAYS TO PAY. AND FAILURE TO PAY COULD RESULT IN THIS CASE BEING FORWARDED OVER TO THE COUNTY COURT SYSTEM WHERE HE COULD INCUR ADDITIONAL FEES AND COSTS.
HE HAS 30 DAYS TO APPEAL. >> MICHAEL RABENECKER: THANK
[G. 21-3123 South Causeway Park Daniel A. T. Pineda Michael Rabenecker]
YOU, YOUR HONOR. >> SPECIAL MAGISTRATE: YOU ARE
WELCOME. >> NEXT CASE 21-3123, SOUTH CAUSEWAY PARK. DANIEL A. T. PINEDA.
>> MICHAEL RABENECKER: YOUR HONOR THE NEXT CASE BEFORE YOU IS 21-3123. VIOLATION THAT OCCURRED AT SOUTH CAUSEWAY PARK. THE CASE WAS INITIATED OCTOBER 10, 2021. THE VIOLATOR CAME BACK AS A DANIEL A. T. PINEDA. CITATION NUMBER WRITTEN 81-23.
A PARKING VIOLATION OF CODE 34-35O, POSTED NO PARKING.
THE CITY ASKING THAT A $50 FINE BE ASSESSED AND ADMINISTRATION FEE OF $10 AND LATE FEE OF $18 FOR A TOTAL DUE $78.
THE CITY ASKS IF A SPECIAL MAGISTRATE FIND THE VIOLATION EXISTS WILL BE ASSESSED THE TOTAL DUE ABOVE.
AND FAILURE TO PAY WILL BE FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODUCE AS EVIDENCE AND THEY ARE DATE AND TIME STAMPED AND ACCURATELY PORTRAY THE VIOLATION AS I WITNESSED IN.
>> ADMITTED AS COMPOSITE 1. >> SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH. ALL RIGHT, ANYTHING FURTHER?
[01:15:07]
>> MICHAEL RABENECKER: NO, YOUR HONOR.
>> SPECIAL MAGISTRATE: DANIEL A. T. PINEDA IS NOT PRESENT AND NEITHER A REPRESENTATIVE ON HIS BEHALF.
I FIND THAT A VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I FINE HIM $50, AN ADMINISTRATION FEE OF $10, A LATE FEE OF $18 FOR A TOTAL OF $78. HE HAS 14 DAYS TO PAY.
IF NOT, THE CASE COULD BE FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE COO INCUR AND COULD INCUR ADDITIONAL FEES AND COSTS. 30 DAYS TO APPEAL.
[H. 21-1458 PK Jaycee Park Daril Lopez Figueroa Janey Vanderhorst, Michael Rabenecker]
>> THANK YOU, YOUR HONOR. >> 2458 JAYCEE PARK.
DARIL LOPEZ FIGUEROA. >> MICHAEL RABENECKER: THE NEXT CASE IS CASE NUMBER 21-1458, A PARKING VIOLATION THAT OCCURRED AT JAYCEE PARK. CASE WAS INITIATED MAY 29.
LET ME CHECK SOMETHING. YEAH, MAY 29, 2021.
THE VIOLATOR CAME BACK AS A DARIL LOPEZ FIGUEROA.
CITATION NUMBER WRITTEN WAS 57-61, PARKING VIOLATION OF CODE SECTION 34-35L, RESTRICTED PARKING FOR BOAT TRAILERS ONLY.
THE CITY IS ASKING THAT A $50 FINE BE ASSESSED, ADMINISTRATION FEE OF $10, AND LATE FEE OF $18 FOR A TOTAL OF $78. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FIND THE VIOLATION EXISTS THAT THE VIOLATOR BE ASSESSED THE TOTAL ABOVE. AND FAIL FEWER TO PAY FOR IT TO BE FORWARDED TO THE COUNTY COURT SYSTEM.
I HAVE PHOTOS TO BE INTRODUCED AS EVIDENCE AND DATE AND TIME
STAMPED. >> MOVE IT AS COMPOSITE EXHIBIT
1. >> SPECIAL MAGISTRATE: THANK YOU. THEY WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER? >> MICHAEL RABENECKER: NO, YOUR
HONOR. >> SPECIAL MAGISTRATE: DARIL LOPEZ FIGUEROA NOR A REPRESENTATIVE IS HERE ON HIS BEHALF. BASE ON THE TESTIMONY I FIND THAT THE VIOLATION EXIST AND HE IS THE PARTY RESPONSIBLE.
I FINE HIM $50, ADMIN OF $10, AND LATE FEE OF $18.
IF NOT FAILURE TO PAY SUCH FINE, CITATION CAN GO OVER TO THE COURT SYSTEM WHERE HE COULD INCUR ADDITIONAL FEES AND COSTS.
[I. 21-2573 PK 600 Blk North Indian River Drive Darryl R. Paget Michael Rabenecker]
30 DAYS TO APPEAL. >> MICHAEL RABENECKER: THANK
DARYL R. PAGET. >> MICHAEL RABENECKER: YOUR HONOR, THE CASE BEFORE YOU 2 5 21-2573, A PARKING VIOLATION THAT OCCURRED AT THE 600 BLOCK OF NORTH INDIAN RIVER DRIVE.
THE CASE INITIATED SEPTEMBER 24, 2021.
THE VIOLATOR CAME BACK AS A DARYL R. PAGET.
CITATION NUMBER 34-35 S, PARKING IN THE CITY RIGHT-OF-WAY.
THE CITY IS ASKING THAT A $50 FINE, ADMINISTRATION FEE OF $10, AND LATE FEE OF $18 FOR TOTAL DUE OF $78.
THE CITY REQUESTED IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS THE VIOLATOR BE ASSESSED THE TOE DUE AS INDICATED ABOVE AND FAILURE TO PAY HAVE IT FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODOES AS EVIDENCE AND THEY PRO PRAY THE VIOLATION.
>> MOVE INTO EVIDENCE COMPOSITE CITY 1, THE PHOTOGRAPHS.
>> SPECIAL MAGISTRATE: THANK YOU.
>> SPECIAL MAGISTRATE: ALL RIGHT.
THEY WILL BE ADMITTED AS SUCH. AGAIN I FIND THAT DARRYL PAGET IS PROBABLY FOR THE VIOLATION IN PARKING IN THE CITY RIGH Y RIGHT-OF-WAY. ASSESS OF $50 FINE, $10 ADMINISTRATION FEE AND LATE FEE OF $18.
TOTAL DUE OF $78. PAY BE IN 14 DAYS.
FAILURE TO PAY IN THAT PERIOD OF TIME COULD RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE CAN INCUR ADDITIONAL FEES AND COSTS. 30 DAYS TO APPEAL.
>> SPECIAL MAGISTRATE WILL YOU MAKE A FINDING THAT HE NOR HIS
REPRESENTATIVE IS PRESENT. >> SPECIAL MAGISTRATE: I FIND THAT HE IS NOT PRESENT, NOR HIS REPRESENTATIVE ON HIS BEHALF.
[J. 21-1454 PK Jaycee Park Elizabeth Nicole Hurst Janey Vanderhorst, Michael Rabenecker]
>> MICHAEL RABENECKER: THANK YOU.
>> 21-1454, JAYCEEPARK. ELIZABETH NICOLE HURST.
[01:20:02]
>> MICHAEL RABENECKER: YOUR HONOR, THE NEXT CASE BEFORE YOU IS CASE NUMBER 21-1454. A PARKING VIOLATION THAT OCCURRED AT JAYCEE PARK. THE CASE WAS INITIATED ON MAY 3 23, 2021. VIOLATOR CAME BACK AS ELIZABETH NICOLE HURST. THE CITATION NUMBER WRITTEN WAS 57-54. PARKING VIOLATION OF CODE SECTION 34-35L, RESTRICTED PARKING FOR BOAT TRAILERS ONLY.
THE CITY IS ASKING THAT A $50 FINE BE ASSESSED, ADMINISTRATION FEE OF $10 AND LATE FEE OF $18 FOR A TOTAL OF $78.
IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS THAT THE FINE WILL BE INDICATE ABOVE AND FAILURE TO PAY WILL HAVE IT FORWARDED TO THE COUNTY COURT SYSTEM.
I HAVE PHOTOS, AND THEY ACCURATELY PORTRAY THE VIOLATION
AS I WITNESSED IT. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.
>> SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH.
MANAGE MANAGE ANYTHING FURTHER? >> MICHAEL RABENECKER: THE DATE AND TIME STAMP IS THERE AND IT IS HARD TO SEE.
IT IS WAY DOWN THERE. >> SPECIAL MAGISTRATE: I CAN SEE IT. THANK YOU.
ALL RIGHT, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXIST AND THIS ELIZABETH NICOLE HURST IS THE PARTY RESPONSIBLE FOR THE VIOLATION.
NEITHER SHE NOR A REPRESENTATIVE IS HERE ON HER BEHALF.
I WILL FINE HER FOR THE VIOLATION $50, $10 ADMINISTERING FEE, LATE FEE OF $18 FOR A TOTAL FEE OF $78.
14 DAYS TO PAY. FAILURE TO PAY THAT COULD RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE COULD INCUR ADDITIONAL FEES AND COSTS.
30 DAYS TO APPEAL RAB RABENECKER THANK YOU, YOUR HONOR.
[K. 21-1363 PK Jaycee Park Amy L Litton Janey Vanderhorst, Michael Rabenecker]
>> SPECIAL MAGISTRATE: YOU ARE WELCOME.
NEXT CASE. >> OUR LAST CASE TODAY IS 21-1363, JAYCEE PARK, AMY L. LITTON.
. >> MICHAEL RABENECKER: YOUR HONOR, THE NEXT CASE BEFORE YOU 21-1363, PARKING VIOLATION THAT OCCURRED AT JAYCEE PARK. THE CASE WAS INITIATED ON MAY 3 23, 2021. THE VIOLATOR CAME BACK AS AN AMY L. LITTON. THE CITATION NUMBER WRITTEN WAS 5755, PARKING VIOLATION OF CODE SECTION 34-35L, RESTRICTED PARKING NOR BOAT TRAILERS ONLY. THE CITY IS ASKING THAT A $50 FINE BE ASSESSED AND ADMINISTRATION FEE OF $10.
AND LATE FEE OF $18. FOR A TOTAL DUE OF $78.
THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS A VIOLATION EXIST THAT IT WILL BE INDICATED AS ABOVE.
FAILURE TO PAY WILL BE THE CITATION FORWARDED TO THE COUNTY COURT SYSTEM. ONCE AGAIN, I HAVE EVIDENCE TO PRODUCE THAT IS DATE AND TIME STAMP.
THE DATE AND TIME STAMP IS IN WHITE.
IT IS HARD TO SEE, AND THE PHOTOS ACCURATELY PORTRAY THE
VIOLATION AS I WITNESSED IT. >> THE CITY WILL ADMIT EXHIBIT 1
1, THOSE PHOTOGRAPHS. >> SPECIAL MAGISTRATE: ANYTHING
FURTHER? >> SPECIAL MAGISTRATE: I CAN
SEE IT WHEN YOU POINTED IT OUT. >> MICHAEL RABENECKER: I
COULDN'T SEE IT AT FIRST. >> SPECIAL MAGISTRATE: I CAN SEE IT. AMY L. LITTON IS NOT PRESENT NEITHER ANY REPRESENTATIVE HERE ON HER BEHALF, HOWEVER, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT A VILING EXISTS IN THIS CASE AND SHE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. I WILL FINE HER $50, AN ADMIN FEE OF $10, AND LATE FEE OF $18. TOTAL DUE OF $78.
SHE HAS 14 DAY TO PAY AND ALSO FAILURE TO PAY COULD RESULT IN THE CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE COULD INCUR ADDITIONAL FEES AND COSTS AND SHE HAS 30 DAYS TO
APPEAL. >> MICHAEL RABENECKER: THANK
YOU, YOUR HONOR. >> SPECIAL MAGISTRATE: YOU ARE WELCOME. ANY MORE CASES?
>> NOPE. >> SPECIAL MAGISTRATE: FOR THE PARTIES NOT PRESENT, HOW WERE THEY NOTIFIED?
>> CASES REQUIRING A HEARING PER STATE STATUTE 162.12.
A NOTICE WAS SENT TO THE VIOLATOR CERTIFIED MAIL.
IF THE GREEN CARD IS RETURNED SIGNED, IT IS PLACED IN THE FILE. IF THE GREEN CARD IS UNSIGNED OR UNCLAIMED AN AFFIDAVIT OF NOTICE OF MAILING IS SENT TO THE VIOLATOR REGULAR U.S. MAIL. TEN DAYS PRIOR HEARING, A NOT IS POSTED ON BULLETIN BOARD IN CITY HALL AND THE PROPERTY IN QUESTION. IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT WITHIN TEN DAYS, THE POST SOMETHING COMPLETED AS IF THE CARD WAS RETURNED UNCLAIMED.
CASES NOT MANDATED BY STATE STATUTE, HANDED IN THE SAME MANNER. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED OR NOT RETURNED WITHIN TEN DAYS, A
[01:25:03]
NOTICE OF THE HEARING IS POSTED ON THE BULLETIN BOARD IN CITYHALL. >> SPECIAL MAGISTRATE: ALL RIGHT. ANYTHING FURTHER?
>> NOPE.
* This transcript was compiled from uncorrected Closed Captioning.