[1. CALL TO ORDER]
[00:00:10]
>> GOOD MORNING, I AM FRAN ROSS, THE SPECIAL MAGISTRATE RESIDING OVER TODAY'S HEARINGS. YOU ARE HERE BECAUSE YOU RECEIVED NOTICE THAT YOUR PROPERTY WAS IN VIOLATION OF A PARTICULAR CODE OF ORDINANCE. YOU WERE GIVEN A CERTAIN AMOUNT OF TIME TO CORRECT THAT AND SO FAR YOU HAVE NOT DONE THAT AND YOU WANT TO BE HEARD. WE WILL CALL YOUR CASE SHORTLY.
YOU MAY ALSO BE HERE BECAUSE YOU HAD A PARKING CITATION.
SAME SITUATION. WE WILL CALL YOUR CASE.
LET YOU SAY WHATEVER. AND WE WILL GET TO IT SHORTLY.
NOW, WE ARE BEING RECORDED. SO YOU ARE ON THE LOCAL FORT PIERCE, CITY OF FORT PIERCE TELEVISION STATION.
SO WITH THAT BEING SAID FOR THOSE OF YOU WHO WISH TO BE HEARD, IF YOU DON'T MIND, PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD,
[A. ADMINISTRATION OF OATH TO DEPARTMENTAL WITNESSES]
INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.>>SPECIAL MAGISTRATE: THOSE OF YOU WHO WISH TO TESTIFY PLEASE REMAIN STANDING SO IS THE CLERK CAN SWEAR YOU IN.
>> PLEASE RAISE YOUR RIGHT HAND. DO YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE WILL BE THE TRUTH.
>> YES. >>SPECIAL MAGISTRATE: ONE THING I WANT TO SAY AND I -- I DISCUSSED THIS WITH THE SUPERVISORS HERE AND THE ASSISTANT CITY ATTORNEY.
IF YOU HAVE A PARKING TICKET HE AND YOU WANT TO CONTEST IT, THAT IS FINE. THAT IS FINE HERE.
BUT YOU NEED TO KNOW IF YOU ARE FOUND GUILTY OF THAT PARKING CITATION, YOU COULD INCUR ADDITIONAL FEES AND COSTS.
SO A $50 TICKET COULD END UP BEING $78.
SOME I AM NOT TRYING TO GET INTO YOUR PERSONAL FINANCIAL AFFAIRS, BUT JUST BE AWARE OF THAT. I DO THINK, SPECIAL MAGISTRATE, UNDER THE CODE IT GO ACTUALLY GO UP TOS $500 FOR THE FINE AND $10 LATE FEE AND $18 ADMIN FEE AND COULD BE LOOKING AT $528 BUT IN THE SPECIAL MAGISTRATE'S DISCRETION AT THAT POINT.
[B. IDENTIFICATION OF CASES IN COMPLIANCE OR RESCHEDULED]
>>SPECIAL MAGISTRATE: THANK YOU. >> YES, MA'AM.
>>SPECIAL MAGISTRATE: MADAM CLERK.
>> CASES IN COMPLIANCE OR RESCHEDULED.
22-1767, SOUTH CAUSEWAY PARK, BISHOP.
22-1765, SOUTH CAUSE PAY PARK. OCHOA.
22-0933, SOUTH CAUSEWAY PARK, BROWN.
22-0818, NORTH 12TH STR STREET, MULTRO.
# 2-1506, AFFORDABLE HOUSING. 22-1647, JAYCEE PARK, 911SIMMS. # 2-1794, 200 BLOCK SOUTH OCEAN DRIVE, COLLINS.
22-1716, MELODY LANE, WILSON. 22-13650, JAYCEE PARK, HERNANDEZ. 22-1764, SOUTH BECAUSE PAY PARK, WILLIAMS. # 2-1228, SOUTH CAUSEWAY PARK, BAILEY. 22-1673, FAUSTO.
# 2-0929, SOUTH CAUSEWAY PARK BARTON.
NICHE 22-927 SOUTH CAUSEWAY PARK BLUE.
2 #-1251, 200 BLOCK NORTH INDIAN RIVER DRIVER, YAVORSKY.
# 2-1249, NORTH INDIAN RIVER DRIVE, YAVORSKY.
22-1720, MELODY LANE, ALCEE. 22-1082, SOUTH CAUSEWAY BARK BUREAUS. 22-1089, INDIAN RIVER DRIVE, YAVORSKY TRUCK SERVICE. 22-1075, NORTH 2ND STREET, GROOVER. 22-1834, NORTH INDIAN RIVER DRIVE, GODWIN. 21-1662, SOUTH CAUSEWAY P PARK BONDURANT. 22-1652, JAYCEE PARK.
[00:05:02]
JIMENEZ. 222-1159, BLOCK MUCH PACKUS AVENUE, T-\KLAYH. 22-R-15738, SOUTH CAUSEWAY PARK, SAGAMORE. # 2-0890, SFLCH AVENUE B, CARSON. # 2-1011, BLOCK AVENUE B, GRILLO. # 2-1014, 100 BLOCK AVENUE B, CORTRIGHT. 22-1116, BLOCK AVENUE B.[A. 22-1916 PK South Causeway Park Juan Ramon Del Cid Jr Michael Rabenecker]
THE FIRST CASE IS 22-1916, SOUTH CAUSEWAY PARK, JUAN RAMORAMON DEL CID JR. >>MICHAEL RABENECKER: GOOD
MORNING, SPECIAL MAGISTRATE. >>SPECIAL MAGISTRATE: GOOD
MORNING. >> SIR, IF YOU NEED TO SIT DOWN,
YOU CAN SIT IN THAT CHAIR. >>MICHAEL RABENECKER: YOUR HONOR, BEFORE YOU IS CASE NUMBER 22-1916, A PARKING VIOLATON WRITTEN AT SOUTH CAUSEWAY PARK. THE CASE WAS INITIATED MAY 29, 2022 THIS CITATION IS A CITATION APPEAL.
THE VIOLATOR CAME BACK AS JUAN RAMON DEL CID JR.
CITATION 16879, PARKING VIOLATION OF 34-5, PARKED IN A HANDI PARKED ACCESS. THE CITY IS REQUESTING THAT A $250 FINE BE ASSESSED, ADMINISTRATION FEE OF $10 FOR A TOTAL DUE OF $260. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS, THE VIOLATOR WILL BE ASSESSED THE TOTAL DUE AS ABOVE.
FAILURE TO PAY SUCH A FINE WILL HAVE THE CITATION FORWARDED TO THE COURT SYSTEM AND A FINE OF PARK IN A HANDICAP ACCESS IS THE SAME AS PARK IN A HANDICAP SPO THE.
I HAVE PHOTOS TO INTRODUCE AS EVIDENCE.
AND THEY ARE DATE AND TIME STAMPED.
AND ACCURATELY PORTRAY THE VIOLATION AS I WITNESSED IT.
>> DID THE RESPONDENT ALSO SEND IN THE APPEAL PAPERWORK?
. >>MICHAEL RABENECKER: YES, MA'AM. AND THAT IS THERE.
>> AND WITH HIS APPEAL, DID HE SEND IN PICTURES OF A TEMPORARY PLACARD AS WELL HIS APPLICATION FOR THAT PLACARD?
>>MICHAEL RABENECKER: YES, MA'AM.
>> THIS EXHIBIT HERE, WAS THIS FROM HIM?
>>MICHAEL RABENECKER: YES, MA'AM.
>>SPECIAL MAGISTRATE: THAT EXHIBIT IS EXHIBIT --
>> I AM GOING TO MOVE IT -- MARKED AS IF IT IS ONE OF OURS.
I APOLOGIZE. I MOVE THIS INTO HIS FOR HIM.
DO WE HAVE A PERMANENT MARKER? I CAN'T GET THIS STICKER OFF OF HE HERE.
>> THIS SHOULD WORK. THANK YOU.
SO ONE I WILL MOVE IN SPECIAL MAGISTRATE IS CITY'S EXHIBIT 1 WILL BE OUR PHOTOGRAPHS AND CITATION.
THAT WILL BE THIS PACKET. SFCH.
>>SPECIAL MAGISTRATE: COMPOSITE 1.
>> THE RESPONDENT'S BE LAUGH, THE PARKING CITATION APPEAL.
IT INCLUDES PICTURES OF THE TEMPORARY DISABLED PERSON'S PARKING IDENTIFICATION PERMIT. HIS APPEAL HE SENT TO THE CITY AS WELL AS HIS APPLICATION TO DHSMV.
I ASSUME, SIR, YOU WANT THE SPECIAL MAGISTRATE TO HAVE ALL THE DOCUMENTS THAT YOU SEPTEMBER TO US?
>> YES, PLEASE. >> I WILL MOVE THAT ON BEHALF OF
HIS RESPONDENT'S EXHIBIT 1. >>SPECIAL MAGISTRATE: ANYTHING
FURTHER? >>MICHAEL RABENECKER: NO, YOUR
HONOR, ON ON MY BEHALF. >> THE HANDICAP PARKING, THE
FINE IS $200 ON THIS? >>MICHAEL RABENECKER: YES, MA'AM
[00:10:04]
>> THE ADMIN FEE OF $10 AS WELL? >>MICHAEL RABENECKER: YES, MA' MA'AM.
>>SPECIAL MAGISTRATE: SIR, HOW DO YOU RESPOND.
STATE YOUR NAME. >> JUAN DELCID.
>> I HAVE THE ACCESS PASS AND I CAN'T AFFORD PAYING $250 RIGHT
NOW. >> IF I MAY, SPECIAL MAGISTRATE.
WHAT YOU SEE IN THE PHOTOGRAPH, THE PLACARD IS NOT VISIBLE ANYWHERE IN THE CAR AND THE APPLICATION HE PROVIDED IT WAS NOT APPROVED UNTIL AFTER THIS OFFENSE.
>> IT WAS APPROVED BEFORE THAT. I DIDN'T HAVE A CHANCE TO GET UP THERE AND GET EVERYTHING. IT WAS APPROVED BEFORE THAT.
>> BUT YOU DIDN'T HAVE THE PLACARD PRESENT, CORRECT?
>> NO, IT WASN'T PRESENT. I HAVE MY PAPERWORK BEING APPROVED, I DID NOT HAVE A CHANCE TO GO UP THERE.
>> I CAN -- I CAN PROVIDE THAT TO THE SPECIAL MAGISTRATE.
I BELIEVE IT IS WHAT HAS ALREADY BEEN PROVIDED TO HER.
DO YOU BELIEVE IT IS DIFFERENT? >> I DON'T KNOW, MAYBE.
>> THIS IS THE SAME IF YOU LOOK AT THE BACK R 5 --
>> SAYS ISSUED OF 4 SOMETHING ON THERE.
>> WHEN YOUR DOCTOR SIGNED THAT 4-21-22.
YOUR TAX COLLECTOR DIDN'T APPROVE IT 5-31-22.
BUT THAT IS THE SAME DOCUMENT THAT IS IN THERE IF YOU WOULD
LIKE TO COMPARE IT. >>SPECIAL MAGISTRATE: NO.
>> I WILL GIVE YOU BACK YOUR ORIGINAL.
SHE DOES HAVE COPIES OF THIS. >>SPECIAL MAGISTRATE: SIR -- STATE YOUR NAME AND HOW DO YOU RESPOND.
>> I DON'T KNOW ANYTHING ABOUT THIS, I PARKED AT A HANDICAP
SPOT. >> SAYS PARKING BY DISABLED PERMIT ONLY. YOU DIDN'T HAVE THE PERMIT?
>> I HAD THE PAPERWORK AND I DIDN'T THINK IT WAS FINE.
>>SPECIAL MAGISTRATE: NO, YOU DIDN'T HAVE THE PERMIT.
>> YEAH, YOU ARE RIGHT. WHEN DID YOU ACTUALLY GET THE
I KNOW I GOT THE PAPERWORK. I DIDN'T HAVE A CHANCE TO GET UP
THERE TO GET IT. >>SPECIAL MAGISTRATE: GET UP
>>SPECIAL MAGISTRATE: FORT PIERCE OR PORT ST. LUCIE?
>> PORT ST. LUCIE. >>SPECIAL MAGISTRATE: IF YOU DON'T HAVE THE PERMIT, YOU DON'T HAVE THE PERMIT.
ALL RIGHT, I WILL PAY THE $250 THEN, I GUESS.
>> I WILL NOTE -- MR. RABENECKER HAS CHAPTER 316.-- THE FLORIDA
CODE. >>MICHAEL RABENECKER: YEAH IT IS CHAPTER 316, STATE UNIFORM FOR TRAFFIC CONTROL FOR HANDICAPPED PARKING. BUT IN THE PICTURE, IF YOU NOTICE, HE IS PARKED IN A HANDICAP ACCESS.
SO HE IS NOT EVEN PARKED IN THE HANDICAP SPOT.
IT IS THE HANDICAP ACCESS FOR THE PERSON WHO NEEDED TO UNLOAD A WHEELCHAIR. UNLAWFUL TO OBSTRUCT A PATH OF TRAVEL TO A PARKING SPACE, CURB BY STANDING OR PARKING A VEHICLE WITHIN SUCH A DESIGNATED AREA. THE VIOLATOR IS SUBJECT TO THE SAME PENALTIES AS ILLEGALLY PARK IN A SPACE THAT IS DESIGNATED AS A PARKING SPACE WITH PERSON WITH DISABILITIES.
>> MORE THAN OBVIOUS THAT I AM HANDICAP AND NOT MY FAULT THAT I
AM HANDICAP. >> I CAN PAY IT AND MOVE ON TOP THE NEXT CASE AND I DON'T HAVE TIME TO BE SITTING HERE WITH THIS. I AM HANDICAP.
I TRIED TO PARK AS CLOSE AS I COULD.
CAME BEFORE I SHOWED MY PAPERWORK.
I WASN'T GOING TO STAY THERE AND I GOT A TICKET.
>> SPECIAL MAGISTRATE, IN FULL CANDOR TO THE COURT, I BELIEVE OUR CODE READS SLIGHTLY DIFFERENTLY THAN THE FLORIDA STATUTE. MY READING OF THE CODE, I DON'T THINK IT SPECIFICALLY PROHIBITS THE PARKING IN THE ACCESS LIKE THE FLORIDA STATUTE DOES UNDER OUR CODE SECTION THAT WAS CITED; HOWEVER, I DO, OF MY OPINION, IS THAT THE PLACARD IS NOT THERE AND WASN'T ISSUED IS STILL THE VIOLATION.
BUT IF YOU WOULD LIKE FOR ME TO READ SPECIFICALLY WHAT THE CODE SAYS REGARDING THE HANDICAP, I CAN.
>>SPECIAL MAGISTRATE: PLEASE. >> 34-35 SUBSECTIONS --
[00:15:03]
>>MICHAEL RABENECKER: YOU WANT ME TO READ IT.
>> I CAN -- IT WILL TAKE ME JUST A SECOND TO PULL IT UP.
>>MICHAEL RABENECKER: I GOT IT. >> SO OUR SUBSECTIONSQ, PARK IN SPACES OF PERSONS WITH DISABILITIES READS NO PERSON SHALL STOP, STAND OR PARK A VEHICLE WITHIN OR TO OBSTRUCT ANY SPACE DESIGNATED AND MARKED AS A DISABLED PERSON PARKING SPACE UNLESS THE VEHICLE DISPLAYS A DISABLED PARKING PERMIT OR A LICENSE PLATES IN THE VEHICLE IS TRANSPORTING THE PERSON TO WHOM THE DISPLAYED PERMIT IS ISSUED.
VIOLATION OF THIS SUBSECTIONS IS A LEVEL 3 VIOLATION.
ALL FINES COLLECTED UNDER THIS SUBSECTIONS WILL BE COLLECTED IN ACCORDANCE WITH FLORIDA STATUTE 316 AND 318.
DOESN'T SPECIFICALLY LIST THE ACCESS SPOT, BUT IT DOES SAY TO PARK A VEHICLE WITHIN OR OBSTRUCT ANY SPACE DESIGNATED AND MARKED AS DISABLED PERSONS. SO THERE IS AN ARGUMENT THAT IT MAY COVER THE ACCESS SPOT, BUT IT DOESN'T SPECIFICALLY LIST IT AS THE FLORIDA STATUTE DOES. IT DOES REQUIRE THAT THE PERMIT
BE DISPLAYED. >>SPECIAL MAGISTRATE: SO WHY DID
YOU PARK THERE? >> TO GO TO THE CAUSEWAY.
TO UNLOAD MY THINGS AND BY THE TIME I CAME BACK, THERE WAS A
TICKET. >>SPECIAL MAGISTRATE: BUT YOU HAD NOT BEEN GIVEN A PERMIT, HANDICAP PERMIT, RIGHT?
>> I HAD THE PAPERWORK. >>SPECIAL MAGISTRATE: NO, NO,
THAT'S ALL I HAD. >>SPECIAL MAGISTRATE: ALL RIGHT,
ANYTHING FURTHER? >> SPECIAL MAGISTRATE, IF I CAN HAVE ONE SECOND. I AM COMPARING THESE TWO AND MAY READ IDENTICAL. I MAY HAVE LOOKED AT THE WRONG STATUTE. IF I CAN HAVE ONE SECOND.
I WANT TO MAKE SURE I AM CORRECT IN WHAT I AM ADVISING.
MR. RABENECKER, DO YOU HAVE THE PRINTED STATUTE 31619-55.
>>MICHAEL RABENECKER: YES, MA'AM.
>> MAY I HAVE THAT, PLEASE. >> OKAY, LOOKS LIKE 31619-55 SUBSECTIONS 1 AND SUBSECTIONS 2 UNDER THAT STATUTE IS WHAT MR. RABENECKER READ TO YOU EARLIER. BUT WE CITE UNDER OUR CITY CODE
AND NOT THE STATUTE. >>SPECIAL MAGISTRATE: ALL RIGHT, THANK YOU. IT WILL BE ADMITTED AS PART OF YOUR EXHIBIT. UP KNOW HAVE YOUR HANDICAP
[00:20:05]
>>SPECIAL MAGISTRATE: YOU KNOW HAVING A HANDICAP DESIGNATION IS LIKE HAVING A DRIVER'S LICENSE. IF YOU TONIGHT HAVE A DRIVER'S LICENSE, YOU CAN'T DRIVE. YOU DIDN'T HAVE YOUR -- YOUR HANDICAP STICKER ISSUED AT THE TIME YOU PARKED WHERE YOU DID.
DO YOU UNDERSTAND THAT? >> YES, MA'AM.
>>SPECIAL MAGISTRATE: ALL RIGHT, ANYTHING FURTHER?
>>MICHAEL RABENECKER: NO, YOUR HONOR.
>>SPECIAL MAGISTRATE: ALL RIGHT. BASED ON THE TESTIMONY AND EVIDENCE PRESENTED I FIND THAT A VIOLATION EXISTS AND THAT JUAN RAMON DEL CID JR. IS THE PARTY. I WILL FINE YOU $250.
AND ADMIN FEE OF $10 FOR A TOTAL OF $260.
HOW MUCH TIME DO YOU NEED TO PAY THAT?
>> I WILL PAY IT NOW. >>SPECIAL MAGISTRATE: ALL RIGHT, YOU HAVE 14 DAYS TO PAY. IF YOU TONIGHT PAY IT WITHIN THAT 14-DAY PERIOD OF TIME THE CITATION CAN BE FORWARDED TO THE COUNTY COURT SYSTEM WHERE YOU WILL INCUR COURT COSTS AND FEES.
>> I WILL PAY IT NOW. >>SPECIAL MAGISTRATE: THANK YOU,
GOOD LUCK. >>MICHAEL RABENECKER: THANK YOU,
YOUR HONOR. >> IF YOU WANT TO HAVE A SEAT.
I WILL GIVE YOU A PAPER -- YOU SAID YOU WILL PAY IT NOW.
ONE SECOND, OKAY. >>SPECIAL MAGISTRATE: WHEN YOU
[C. 22-2010 PK Jaycee Park James E Hatfield, Orange Avenue Auto Sales Inc Michael Rabenecker]
ARE READY, MADAM CLERK. >> NEXT CASE IS 22-2010 JAYCEE PARK, JAMES E. HATFIELD, ORANGE AVENUE AUTO SALES INC.
>>SPECIAL MAGISTRATE: WHEN YOU ARE READY.
>>MICHAEL RABENECKER: YOUR HONOR THE NEXT CASE BEFORE YOU IS CASE NUMBER # 2-2010, PARKING CITATION WRITTEN AT JAYCEE PARK.
THE CASE WAS INITIATED ON JUNE 11, 2022.
THIS IS A CITATION APPEAL. THE APPELLANT IS JAMES E.
HATFIELD. THE VIOLATOR CAME BACK AS ORANGE AVENUE AUTO SALES, CITATION 18012, PARKING CITATION VIOLATION OF CODE 34-35L, RESTRICTED PARKING ONLY FOR BOAT TRAILERS. THE CITY IS ASKING THAT A $50 FINE BE ASSESSED AND ADMINISTRATION FEE OF $10 A TOTAL OF $60. I HAVE PHOTOS TO INTRODUCE THAT ARE DATE AND TIME STAMPED ACCURATELY PORTRAY THE VIOLATION AS I WITNESSED IT. INCHES AS WELL AS THE APPEAL PA PAPERWORK, MA'AM, YOUR HONOR.
>> MA'AM, TELL US YOUR NAME. >> I AM KATE SIMMONS, MR.
HATFIELD'S PROPERTY MANAGER. >> YES, MA'AM, HE WROTE --
>> NO WORRIES. >> HE SIGNED IT FOR YOU.
>> WE WANT TO MAKE SURE WE HAVE THE RIGHT PERSON HERE.
>> YES, MA'AM. >> DO YOU WISH FOR HIS APPEAL PAPERWORK AS WELL AS HIS PHOTOGRAPH AND LETTER THAT HE SENT TO IT BE ADMITTED TO THE SPECIAL MAGISTRATE FOR HER TO
>> SPECIAL MAGISTRATE, I MOVE INTO EXHIBIT COMPOSITE 1 AND REPEAL PACKET AS RESPONDENT EXHIBIT 1.
>>SPECIAL MAGISTRATE: THANK YOU, THEY WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER. >>MICHAEL RABENECKER: NO, YOUR
>> MR. HATFIELD WANTED TO LET YOU KNOW IT WAS NOT SOMETHING DONE INTENTIONALLY. RAINING VERY HARD THAT DAY.
A WEDDING OUT THERE AT THE PARK. HAD TO MOVE UNDER THE PAVILION.
WHEN HE PULLED IN, HE DIDN'T SEE THE SIGN THAT -- I GUESS IT WAS DIRECTLY IN FRONT OF HIS CAR LIKE IN THE PICTURE HE SENT IN.
IT IS FACING KIND OF LIKE A -- A SIDEWAYS POSITION AS TO HEAD ON
AND HE DIDN'T EVEN SEE IT THERE. >>SPECIAL MAGISTRATE: OKAY.
WELL, HE IS RIGHT IN FRONT OF THE SIGN.
>> I UNDERSTAND, YOUR HONOR. I THINK YOU HAVE THIS PICTURE TOO. HE SAYS THERE WAS NO BOAT TRAILERS THERE. IT WAS RAINING.
HE SAID THE SIGN -- LIKE IT WOULDN'T BE LIKE IF YOU PULL STRAIGHT ON LIKE A HANDSI CAP SIGN.
IT IS KINDS OF FACING OFF SIDEWAYS.
AND HE JUST DIDN'T SEE IT. >> JUST SO HE KNOWS, THAT IS BECAUSE THE BOAT TRAILERS ARE LONG.
SO YOU DON'T PARK PERPENDICULAR, YOU PARK PARALLEL INTO THEM.
[00:25:04]
SO HE KNOWS WHERE TO LOOK NEXT TIME.>>SPECIAL MAGISTRATE: ALL RIGHT, ANYTHING FURTHER?
>>MICHAEL RABENECKER: NO, YOUR HONOR.
>>SPECIAL MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I WILL ADMIT AND IF I HAVEN'T SAID IT, DEFENSE EXHIBIT 1 -- OR RESPONDENT'S EXHIBIT 1. I WILL FINE HIM $50 AND AN ADMIN FEE OF $10 FOR A TOTAL DUE OF $60.
YOU HAVE 14 DAYS TO PAY. IF NOT, THIS COULD BE FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE COULD INCUR ADDITIONAL FEES
>>SPECIAL MAGISTRATE: YOU TOO. THANK YOU FOR COMING.
ITCH. >>ROBERT HANNA: THANK YOU, YOUR
HONOR. >>SPECIAL MAGISTRATE: YOU ARE WELCOME. NEXT CASE.
[D. 22-0928PK South Causeway Park Stephanie Shade Kelly Williams Cardrop Michael Rabenecker]
>> CAN WE CALL THE NEXT CASE AND THEN YOU CAN HANDLE THAT NEXT CASE IS 22-0928 SOUTH CAUSEWAY PARK.
STEPHANIE SHADE, KELLY WILLIAMS CARDROP.
PU >>MICHAEL RABENECKER: YOUR HONOR, THE NEXT CASE BEFORE YOU IS 22-0928.
A PARKING VIOLATION WRITTEN AT SOUTH CAUSEWAY PARK.
THE CASE WAS INITIATED MARCH 6, 2022.
THIS IS A PARKING CITATION. THE OWNER CAME BACK AS A STEPHANIE SHADE KELLY WILLIAMS. THIS CITATION NUMBER WRITTEN WATT 17310 PARKING CITATION VIOLATION OF CODE 34-35S, PARKED IN THE CITY RIGHT-OF-WAY. THE CITY IS ASKING THAT A $50 FINE TO BE ASSESSED. ADMINISTRATION FEE OF $10 AND LATE FEE OF $18 FOR A TOTAL DO OF $78.
THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS WILL BE ASSESSED THE AMOUNT ABOVE.
FAILURE TO PAY WILL HAVE THE CITATION FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS FOR EVIDENCE.
THEY ARE DATE AND TIME STAMPED AND ACCURATELY PRO PRAYER THE
VIOLATION AS I WITNESSED. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE 1, THE PHOTOGRAPHS.
>>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER? >>MICHAEL RABENECKER: NO, YOUR HONOR. PU
>>SPECIAL MAGISTRATE: ALL RIGHT. I FIND THAT STEPHANIE SHADE KELLY WILLIAMS IS NOT PRESENT NEITHER IS THEIR REPRESENTATIVE ON THEIR BEHALF. AND BASED ON THE EVIDENCE I FIND THAT SHE IS THE PARTY RESPONSIBLE FOR THE VIOLATION.
I WILL FINE HER FOR PARKING ON THE RIGHT-OF-WAY $50 FINE.
TOTAL OF $78. SHE HAS 14 DAYS TO PAY.
FAILURE TO PAY SUCH FINE COULD RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE WILL INCUR ADDITIONAL FEES AND COSTS. 30 DAYS TO APPEAL.
[E. 22-1830PK 480 N Indian River Drive Thomas Edward Bernini Michael Rabenecker]
>>MICHAEL RABENECKER: THANK YOU, YOUR HONOR.
>> OUR NEXT CASE 22-1830, 480 NORTH INDIAN RIVER DRIVE.
THOMAS EDWARD BERNINI. >>MICHAEL RABENECKER: THE NEXT CASE BEFORE YOU IS CASE 22-1830. A PARKING CITATION RAIN AT THE 400 NORTH INDIAN RIVER DRIVE. THE CASE WAS INITIATED APRIL 30, 2022. THIS IS A PARKING CITATION PRESENTATION. THE OWNER CAME BACK AS A THOMAS EDWARD BERNINI. THE CITATION NUMBER 17670.
[00:30:06]
PARKING VIOLATION OF CODE 34-35L, RESTRICTED PARKING.THE CITY IS ASKING THAT A $50 FINE BE ASSESSED, A $10 ADMINISTRATION FEE AND LATE FEE OF $18 FOR A TOTAL DUE OF $78.
SO I HAVE PHOTOS TO INTRODUCE HERE AS EVIDENCE.
THEY ARE DATE AND TIME STAMPED. IT WAS RESTRICTED PARKING FOR POET TRAILERS ONLY. THEY ACCURATELY PORTRAY THE
VIOLATIONS AS I WITNESSED IT. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE 1, THE PHOTOGRAPHS.
>>SPECIAL MAGISTRATE: THANK YOU. THEY WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER? >>MICHAEL RABENECKER: NO, YOUR
HONOR. >>SPECIAL MAGISTRATE: I FIND THAT MR. BERNINI IS NOT HERE NEITHER IS THEIR REPRESENTATIVE HERE ON THEIR BEHALF. THIS CLEARLY SAYS BOAT TRAILER PAR PARKING.
THE TICKET WAS ISSUED IN APRIL. THIS IS NOW AUGUST.
BASED ON THE EVIDENCE AND TESTIMONY PRESENTED, I FIND THAT THE VIOLATION EXISTS AND THAT THOMAS EDWARD BERNINI IS THE PARTY RESPONSIBLE FOR THE VIOLATION.
ILLINOIS POSE A FINE OF $5 $50, ADMIN OF $10, AND A LATE FEE OF $18 AND TOTAL DUE OF $78. HE HAS 14 DAYS TO PAY.
FAILURE TO PAY SUCH FINE COULD RESULT IN AT CITATION TO THE
[F. 22-1721PK 600 N Indian River Drive Quintina Shamika Harris Michael Rabenecker]
COUNTY COURT SYSTEM WILL HE WILL INCUR ADDITIONAL FEES AND COSTS.>>MICHAEL RABENECKER: THANK YOU YOUR HONOR.
>> NEXT CASE IS # 2-1721, 600 NORTH INDIAN DRIVE.
QUINTINA SHAMIKA HARRIS. >> THE NEXT CASE IS 22-1721 IN THE 600 BLOCK OF NORTH INDIAN RIVER DRIVE.
CASE APRIL 24, 2022. THE OWN IRGAME BACK AT QUINTI NS AT QUINTINA SHAMIKA HARRIS.
CITATION 17667. PARKING VIOLATION OF 34-35T, PARKED IN A SAFETY ZONE. THE CITY IS ASKING THAT A $50 FINE BE ASSESSED, ADMINISTRATION FEE OF $10 AND LATE FEE OF $18 FOR A TOTAL DUE OF $78. CITY ASKS IF THE SPECIAL MAGISTRATE FINDS IT EXISTS WILL BE ASSESSED THE TOTAL DUE AND FAILURE TO PAY SUCH A FINE WILL HAVE THE CITATION FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO INTRODUCE AS EVIDENCE. THEY ARE DATE AND TIME STAMPED.
AND THEY ACCURATELY PORTRAY T VIOLATIONS AS I WITNESSED.
>> MOVE INTO EVIDENCE COMPOSITE NUMBER 1 PHOTOGRAPHS.
>>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH.
ANYTHING YOU ARE THOR? IRAQ RABENECKER NO, YOUR HONOR.
>> I FIND THAT SHE IS NOT PRESENT NEITHER IS THE REPRESENTATIVE HERE ON HER BEHALF; HOWEVER, BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AND SHE IS THE PARTY RESPONSIBLE FOR THE VIOLATIONS.
ILLINOIS POSE A $50 FINE. $10 ADMIN FEE, $18 LATE FEE FOR A TOTAL DUE OF $78. SHE HAS 14 TEES TO PAY.
FAILURE TO PAY SUCH FINE WILL RESULT -- COULD RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE COULD INCUR ADDITIONAL FEES AND COSTS.
30 DAYS TO APPEAL. >>MICHAEL RABENECKER: THANK YOU,
[G. 22-1161PK 100 block AE Backus Avenue Sean Charles Gibbons Michael Rabenecker]
YOUR HONOR. >> THE NEXT CASE IS 22-1161, 100 BLOCK BACKUS. SHAWN GIBBONS.
>> 22-1161 AT THE 100 BLOCK OF AE BACKUS AVENUE.
THIS IS A PARKING CITATION. THE OWNER CAME BACK AS A SHAWN CHARLES GIBBONS. THE CITATION 10472 PARKING VIOLATION OF 34-35S, PARKED ON THE CITY RIGHT-OF-WAY.
THE CITY IS ASKING FOR AS 350 FINE, ADMINISTRATION FEE OF $10
[00:35:02]
AND LATE FEE OF $18 FOR IS A TOTAL DUE OF $78.THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXIST THAT THEY WILL BE ASSESSED THE TOTAL ABOVE.
FAILURE TO PAY WILL HAVE THE CITATION GOING TO THE COUNTY COURT SYSTEM. I HAVE PHOTOS TO GIVE AS EVIDENCE. THE PHOTOS ARE DATE AND TIME STAMPED AND ACCURATELY PORTRAY THE VIOLATION AS I WITNESS IT.
>> AT THIS TIME THE CITY WILL MOVE INTO EXHIBIT COMPOSITE
EXHIBIT 1, THE PHOTOGRAPHS. >>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH. THANK YOU.
ANYTHING FURTHER? >>MICHAEL RABENECKER: NO, YOUR
HONOR. >>SPECIAL MAGISTRATE: I FIND THAT SEAN CHARLES GIBBONS IS NOT PRESENT NEITHER IS THE REPRESENTATIVE ON HIS BEHALF. BASED ON THE EVIDENCE AND TESTIMONY, I FIND THAT THE VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION.
ILLINOIS POSE A $50 FINE, $10 ADMIN FEE, AND $18 LATE FEE FOR A TOTAL VIEW OF $78. HE HAS 14 DAYS TO PAY.
FAILURE TO PAY COULD RESULT IN THAT FINE AND THE CITATION BEING FORWARDED TO IT THE COUNTY COURT SYSTEM WHERE HE COULD INCUR ADDITIONAL FEES AND COST. 30 DAYS TO APPEAL.
>>MICHAEL RABENECKER: THANK YOU, YOUR HONOR.
[I. 22-1653 PK Jaycee Park Cameron Alan Tinajero Charmaine Kirkland]
OUR NEXT CASE IS 22-1653, JAYCEE PARK, CAMERON ALAN TINAJERO.>>SPECIAL MAGISTRATE: GOOD MORNING.
>>CHARMAINE KIRKLAND: GOOD MORNING, YOUR HONOR.
>>SPECIAL MAGISTRATE: WHEN YOU ARE READY.
>>CHARMAINE KIRKLAND: CASE NUMBER 22-1653, JAYCEE PARK.
OWNER CAMERO CAMERON ALAN TINASDWRSHGSERO.
THIS CASE INITIATED MAY 15, 2022.
CITATION NUMBER 7035. CODE SECTION 34-35L, RESTRICTED PARKING. AND BOAT TRAILER PARKING ONLY.
AND I HAVE PHOTOS. TO DEPICT THE VIOLATION.
DATE AND TIME STAMPED. >>SPECIAL MAGISTRATE: OKAY.
THE CITY RECOMMENDS THAT THE FINE IS $50.
$10 ADMINISTRATION FEE AND $18 LATE FEE WITH A TOTAL OF $78.
>> DO THE PHOTOS FAIRLY AND ACCURATELY DEPICT THE VIOLATION
AS YOU OBSERVED IT. >>CHARMAINE KIRKLAND: YES,
MA'AM. >> THE CITY WILL MOVE INTO EVIDENCE COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.
CAN I -- GIVE ME ONE SECOND. I AM SORRY.
I HAVE FOUR PHOTOS ON THE S SCREEN.
>> I AM MISS THAT ONE. >> YOU ARE MISSING THAT ONE? THE PHOTOS ON THE SCR SCREEN, CHARMAINE, DO YOU HAE
SPECIAL MAGISTRATE THESE ARE -- CAN I HAVE YOUR PEN.
THESE WILL DIFFER SLIGHTLY FROM WHAT IS ON THE SCREEN.
SO I WOULD ASK THAT THE SPECIAL MAGISTRATE GO BY WHAT HAS BEEN
ADMITTED. >>SPECIAL MAGISTRATE: THANK YOU.
>> MOVED INTO COMPOSITE EXHIBIT 1.
>>SPECIAL MAGISTRATE: THEY WILL BE ADMITTED AS SUCH.
IS THIS AT JAYCEE PARK? >>CHARMAINE KIRKLAND: YES,
MA'AM. >>SPECIAL MAGISTRATE: YES, I SEE THAT. ALL RIGHT.
I TAKE NOTE THAT CAM CAMERON ALAN TINAJERO IS NOT PRESENT NEITHER IS A REPRESENT FIVE ON HIS TO ARE HER FACT.
[00:40:04]
HOWEVER, BASED ON THE EVIDENCE AND TESTIMONY I FIND THAT THE VIOLATION EXISTS AND HE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. ILLINOIS POSE A FINE OF $5 $50, ADMIN OF $10 AND LATE FEE OF $18.TOTAL DUE OF $78. HE HAS 14 DAYS TO PAY.
FAILURE TO PAY THE FINE COULD RESULT IN THE CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE HE WILL INCUR ADDITIONAL FEES AND COST. 30 DAYS TO APPEAL.
[J. 22-1642 PK Jaycee Park Vina Gabriel Guerendian Charmaine Kirkland]
NEXT CASE. >> NEXT CASE 22-1642, JAYCEE PARK. VINA GABRIEL GUERENDIAN.
>>CHARMAINE KIRKLAND: CASE NUMBER 22-1642.
PARKING CITATION AT JAYCEE PARK. OWN IS VINA GABRIEL GUERENDIAN.
CASE INITIATED ON MAY 14, 2022. CITATION NUMBER 7031.
CODE SECTION 34-35L, RESTRICTED PARKING.
FINE OF $50. ADMINISTRATION FEE $10.
LATE FEE $18 WITH A TOTAL DUE OF $78.
THE CITY REQUEST THAT THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS THE VIOLATOR WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE AND FAILURE TO PAY WILL HAVE THE CITATION GOING FORWARDED TO THE COUNTY COURT SYSTEM.
I HAVE PHOTOS TO DEPICT THE DATE AND TIME OF THE VIOLATION.
>> DOES THE PHOTOGRAPH FAIRLY AND ACCURATELY DEPICT THE
VIOLATION AS YOU OBSERVED IT? >>CHARMAINE KIRKLAND: YES,
MA'AM. >> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE EXHIBIT 1, THE PHOTOGRAPHS.
>>SPECIAL MAGISTRATE: IT WILL BE ADMITTED AS SUCH.
ANYTHING FURTHER. >>CHARMAINE KIRKLAND: NO MA'AM.
>>SPECIAL MAGISTRATE: I FIND THAT VINA GARY YELL GUERENDIAN IS NOT PRESENT NOR A REPRESENTATIVE ON THEIR BEHALF.
BASED ON THE TESTIMONY, I FIND THAT THE VIOLATION EXISTS AND SHE IS THE PARTY RESPONSIBLE FOR THE VIOLATION.
I IMPOSE A FINE OF $50, ADMIN OF $10 AND RATES FEE OF $18 FOR A TOTAL DUE OF $78. 14 TEES TO PAY IT.
FAILURE TO PAY SUCH COULD RESULT IN A CRY TIGS BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE WILL INCUR ADDITIONAL FEES AND COSTS. THANK YOU.
[K. 22-1644 PK Jaycee Park Victor Kevin Flores, Giovanna Marie Borge Charmaine Kirkland]
CHARMAINE, LET HER FINISH UP. >> NEXT CASE CAN 22-1644, JAYCEE PARK, VICTOR KEVIN FLORES AND GIOVANNA MARIE BORGE.
>> CASE NUMBER 22-1644 AT JAYCEE PARK.
OWNER VICTOR KEVIN FLORES AND GIOVANNA MARIE BORGE.
RESTRICTED PARKING. FINE OF $50, ADMINISTRATION FEE OF $10, LATE FEE OF $18. TOTAL DUE OF $78.
THE CITY REQUESTS THAT THE SPECIAL MAGISTRATE FINDS THAT THE VIOLATION EXISTS AND WILL BE ASSESSED AS WHAT IS ABOVE.
FAILURE TO PAY WILL HAVE IT FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE DATE AND TIME STAMPED
PHOTOS TO DEPICT THE VIOLATION >>YOU.
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE AS COMPOSITE
EXHIBITS 1 THE PHOTOGRAPHS. >>SPECIAL MAGISTRATE: THANK YOU, THEY WILL BE ADMITTED AS SUCH. ANYTHING FURTHER.
>>CHARMAINE KIRKLAND: NO MA'AM. >> I FIND VICTOR KEVIN FLORES AND/OR GIOVANN MARIE BORGE ARE NOT PRESENT AND NEAR IS A REPRESENTATIVE ON THEIR BEHALF. BASED ON THE TESTIMONY PRESENTED I FIND THAT VIOLATION EXISTS AND THEY ARE THE PARTIES RESPONSIBLE FOR THE VIOLATION. ILLINOIS POSE A FINE OF $50.
AN ADMIN FEE OF $10. RATES FEE OF 18.
FOR A TOTAL VIEW OF $78. THEY HAVE 14 DAYS TO PAY.
FAILURE TO PAY COULD RESULT IN THIS CITATION BEING TURNED OVER TO THE COUNTY COURT SYSTEM AND WILL GET ADDITIONAL FEES AND
[H. 22-1657 PK Jaycee Park Chalista Christian Benjamin Charmaine Kirkland]
CASTS. 30 DAYS TO PAY PALE.>>SPECIAL MAGISTRATE: NEXT CASE. >> 22-1657, JAYCEE PA PARK, CHARISTA CHRISTIAN BENJAMIN WITH CHARMAINE.
[00:45:06]
>>CHARMAINE KIRKLAND: CASE NUMBER 22-1657 AT JAYCEE PARK.
OWNER IS CHALISTA CHRISTIAN BENJAMIN.
CITATION NUMBER 7036. CODE SECTION 34-35L, RESTRICT THE PARKING. FINE OF $50.
ADMINISTRATION FEE OF $10. LATE FEE OF $18.
WITH A TOTAL DUE OF $78. THE CITY REQUESTS IF THE SPECIAL MAGISTRATE FINDS THE VIOLATION EXISTS WILL BE ASSESSED THE TOTAL DUE AS INDICATED ABOVE. FAILURE TO PAY WILL BE FORWARDED TO THE COUNTY COURT SYSTEM. I HAVE DATE AND TIME STAMPED
PHOTOS. >> DO THIS HE ACCURATE LEE DEPICT THE VIOLATION AS YOU OEBDZ IT.
>> AT THIS TIME THE CITY WILL MOVE INTO EVIDENCE COMPOSITE 1,
THE PHOTOGRAPHS. >>SPECIAL MAGISTRATE: THEY WILL
BE ADMITTED AS SUCH. >>SPECIAL MAGISTRATE: I FINDS THAT THE -- CHALISTA CHRISTIAN BENJAMIN IS NOT PRESENT NEITHER IS A REPRESENTATIVE ON HER BEHALF.
BASE ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AND SHE IS THE PARTY RESPONSIBLE FOR THE VIOLATION. ILLINOIS POSE A $50 FINE, $ $10 ADMIN AND $18 LATE FEE FOR A TOTAL DUE OF $78.
SHE HAS 14 DAYS TO PAY. FAILURE TO PAY SUCH FINE COULD RESULT IN THIS CASE BEING FORWARDED TO THE COUNTY COURT SYSTEM WHERE SHE WILL INCUR ADDITIONAL FEES AND COSTS.
[B. 22-1791 PK South Causeway Park Julie Marie Pilecki Michael Rabenecker]
30 DAYS TO APPEAL. THANK YOU.OUR LAST CASE IS 22-1791 SOUTH JAYCEE PARK.
PALESKY. >> I AM GOING TO GO AHEAD AND SWEAR YOU IN. SO YOU CAN COME HERE TO THE PODIUM. PLEASE RISE YOUR RIGHT HAND.
>> JULIE MARIE PALECKI. >> DO YOU SWEAR THAT THE TESTIMONY YOU ARE ABOUT TO GIVER WILL BE THE TRUTH.
>> THE GENTLEMAN. >> HER BETTER HALF.
>>SPECIAL MAGISTRATE: WILL YOU TESTIFY YOU NEED TO BE SWORN IN.
MADAM CLERK. PLEASE STATE YOUR NAME FOR THE
RECORD. >> FRANKLIN J. FERONE.
>> DO YOU SWEAR AND AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO
GIVE WILL BE THE TRUTH? >> YES.
>>. >>MICHAEL RABENECKER: YOUR HONOR, THE NEXT CASE IS 22-1791 WRITTEN AT SOUTH CAUSEWAY PARK.
THE CASE WAS INITIATED ON MAY # 2, TWENSZ 2021.
THIS IS A CITATION APPEAL. THE VIOLATOR CAME BACK AS A JULIE MARIE PALECKI, 17866, PARKING VIOLATION OF CITY CODE 34-35S, PARKED ON THE CITY RIGHT-OF-WAY.
THE CITY IS ASKING THAT A FINE OF $50 BE ASSESSED AND ADMINISTRATION FEE OF $10 AND A LATE $60.
FAILURE TO PAY SUCH A FINE WILL RESULT IN A CITATION BEING FORWARDED TO THE COUNTY COURT SYSTEM.
SO I HAVE PHOTOS TO INTRODUCE AS EVIDENCE.
THEY ARE DATE AND TIME STAMPED. AND THEY ACCURATELY PORTRAY THE VIOLATIONS AS I WITNESSED IT AND ALSO PHOTOS THAT THE VIOLATOR
HAVE SUBMITTED. >>SPECIAL MAGISTRATE: HAS SHE
SEEN THE PHOTOS? >> PROBABLY NOT.
LET ME SEPARATE THEM REAL QUICK. [SNEEZING]
>>SPECIAL MAGISTRATE: WHAT ARE YOU GOING TO DO WITH HIM, PEGGY?
>> I DON'T KNOW. SPECIAL MAGISTRATE, DO YOU HAVE THIS PHOTO THAT HAS PART OF YOUR DRIVER'S LICENSE IN IT?
>> I WAS TRYING TO E-MAIL IN, I GUESS.
>> WE DON'T NEED TO SUBMIT THAT ONE IF I HAD MORE ADDITIONAL
PHOTOS TO ADD? >>SPECIAL MAGISTRATE: HOLD ON,
YOU GET YOUR TUSH. >> YOU ARE LOOKING AT OUR PHOTOS. THIS IS A PACKET OF YOUR APPEAL AND EVERYTHING THAT YOU SENT, SHE WILL BE ABLE TO LOOK AT.
[00:50:03]
IF YOU WANT TO GIVE HER THOSE BEFORE WE DO SO.>> YES, PLEASE. AT THIS TIME WHAT WE WILL MOVE IN SPECIAL MAGISTRATE IS CITY COMPOSITE EXHIBIT 1 IS OUR PHOTOGRAPHS AND ON THE RESPONDENT'S BEHALF WILL BE
RESPONDENT EXHIBITS 1. >>SPECIAL MAGISTRATE: THEY WILL BE ADMITSED AS SUCH. BEFORE YOU SPEAK, I JUST WANT TO SAY YOU ALL WERE NOT HERE WHEN I DID MY EARLY ANNOUNCEMENT TO THE PEOPLE WHO ARE YOU KNOW BEFORE THE TRIBUNAL.
YOU HEAR ME SAY IF YOU LOSE THIS APPEAL YOU WILL BE SIBT TO ADDITIONAL FEES AND CASTS SO A $50 FINE -- IN YOUR CASE ANOTHER $10 ADMIN FEE WILL BE $60. I AM NOT TRYING TO DISCOURAGE YOU OF MAKING YOUR CASE, BUT I WANT TO MAKE YOU AWARE OF THE CONSEQUENCES. DO YOU WANT TO PROCEED.
>> I DON'T KNOW IF I AM ALLOWED TO SPEAK.
>>SPECIAL MAGISTRATE: YOU ARE, THAT IS WHY I AM ASKING YOU.
>> OUR INTEREST IS THAT AT THIS PARK SPOT, I HAVE BEEN BACK
SEVERAL TIMES -- >> ONE SECOND.
BEFORE YOU GET INTO THE FACTS. WHAT THE SPECIAL MAGISTRATE IS ASKING DO YOU STILL WANT TO CONTEST THE TICKET AND BE AWARE UNDER OUR CODE, THE SPECIAL MAGISTRATE HAS THE DISCRETION TO GO UP TO A $500 FINE. THAT IS 100% WITHIN HER DISCRETION. WHAT MR. RABENECKER IS ASKED FOR A $50 FINE. BUT IN HER DISCRETION.
SO SHE IS ONLY ASKING IF YOU STILL WANT TO PROCEED WITH CONTEST IT OR AGREE TO PAY THE $60 THAT IS BEING ASKED FOR.
>> THE PART THAT IS SO HARD TO MAKE A DECISION THERE BECAUSE OF THE CERTAIN PARKING SPOT. DEPENDS ON WHAT TIME OF DAY YOU ARE THERE. I SPOKE WITH THIS GENTLEMAN OVER THE WEEKEND AND HE SAID IT IS KIND OF A RIGHT-OF-WAY.
AND I HAVE BEEN BACK THERE SEVERAL TIMES.
AND I KINDS OF TALK TO THE PUBLIC AND ASKED THEM IF THEY ARE AWARE THEY ARE NOT SUPPOSED TO PARK HERE.
AND MANY, MANY FOLKS DON'T KNOW. SO PEOPLE ARE CONTINUING TO PARK AT THAT SAME SPOT. AND SEEMS LIKE DEPENDS ON WHAT TIME OF DAY YOU WILL GET THE TICKET.
IF I WOULD HAVE KNOWN NOT TO PARK THERE, MARKED WITH YELLOW LINES OR ANY OTHER SIGNAGE, I DEFINITELY WOULD NOT HAVE PARKED THERE. BUT ALSO ALONG THE CORNER HERE, THE VERY CORNER CAR RIGHT THERE DID NOT GET A TICKET.
AND IT IS MORE SO OUT IN THE OPEN THERE.
AND I JUST FEEL THAT THE CITIZENS DON'T KNOW TO PARK THERE -- DON'T KNOW NOT TO PARK THERE AND HAPPENING DAILY AND SEVERAL TIMES A DAY AND DEPENDS ON WHAT TIME YOU ARE THERE TO GET A TICKET. AND I WITNESSED THAT OVER THE WEEKEND WITH THE PRINCIPALS OF THE RIGHT-OF-WAY.
TECHNICALLY LIKE A BOAT RAMP. THAT'S JUST WHERE I AM CONFUSED WHY THE TICKET WAS ISSUED AND IF I HAD KNOWN, I WOULD NOT HAVE PARK THERE AND OTHER CITIZENS ARE ALSO GETTING TICKETS.
>> NO YELLOW LINES OR -- NO DO NOT PARK SIGNS.
>> SPECIAL MAGISTRATE, I AM GOING TO TAKE THAT AS SHE STILL
DOES WISH TO CONTEST. >> I AM JUST NOT UNDER STANDING,
AND I DON'T BELIEVE MR. RABENECKER HAS ANYTHING
FURTHER.< >> I DON'T HAVE ANYTHING FURTHER
TO ADD. >> I HAVE NO OBJECTION TO SPECIAL MAGISTRATE CONSIDERING THAT AS THEIR EVIDENCE AND
ARGUMENT. >>SPECIAL MAGISTRATE: THANK YOU.
>> YES, MA'AM. >>SPECIAL MAGISTRATE: YOU MAY
CONTINUE IF YOU WOULD LIKE. >> DOWN FURTHER WHERE THE GATE IS, THERE ARE SIGNS. IT SAYS DO NOT PARK IN FRONT OF GATE. BUT FROM THERE UP, THERE ARE NO SIGNS, THERE IS NO -- NO MARKINGS.
NO YELLOW MARKINGS. NOTHING REALLY.
AND THERE ARE PLENTY OF SPACE FOR BOATS TO COME IN AND OUT.
IN FACT I THINK THE ONE THAT PARKED ON THE CORNER WAS MORE A VIOLATION THAN PEOPLE RIGHT ALONG THE SIDEWALK.
. SO IT ACTUALLY LOOKS LIKE THAT IS THE PLACE -- A GOOD PROPER PLACE TO PARK.
>>SPECIAL MAGISTRATE: ARE THERE ANY LINES SAYING YOU CAN PARK
[00:55:01]
ADDITIONAL PARK WHERE THAT CAR IS RIGHT THERE -- AND WE -- WE DID SEE HIM OVER THE WEEKEND AND KIND OF THE RIGHT-OF-WAY -- WE WEE INVESTIGATING BECAUSE IF WE KNEW NOT TO PARK THERE, WE SURE WOULD NOT HAD. AND DOES SEEM THE CITY IS GETTING 50/50/50 RIGHTS ON THOSE THREE SPOTS AND PEOPLE DON'T
KNOW TO PARK THERE. >> I DON'T WANT TO CUT THEM OFF, BUT MR. 234U8REYES HAS TESTIMONY TO PROVIDE WHENEVER THEY ARE
FINISHED. >>SPECIAL MAGISTRATE: DO YOU
HAVE ANYTHING FURTHER? >> IF A WARNING IS POSSIBLE, YOUR HONOR. WE WOULD TRULY APPRECIATE THAT.
IF WE HAD KNOWLEDGE IT WAS A RIGHT-OF-WAY AND STOP SIGN THERE WHERE I WOULD HAVE TO YIELD AND SO FORTH, I WOULD COMPLY WITH ALL OF THAT. IT IS JUST THE KNOWLEDGE ISN'T COMMON TO THE COMMUNITY, I DON'T BELIEVE, AT THOSE THREE PARKING SPOTS. MAGISTRATE MRS. 234U8REYES.
>> AT ENTRANCE OF BOTH SIDES OF THE PARK.
SIGNS SAY PARKING IN DESIGNATED SPACES ONLY.
IN IN THE PHOTO THAT WAS PROVIDED NO PARKED SPACES.
THESE ARE NOT DESIGNATED SPACES NOT ABOUT I A PARKING BUMPER.
NOT BY A STRIPED LINE AS YOU WOULD SEE -- YOU WOULD SEE STRIPED LINES. ON THE SANDY PART BUMPERS.
DESIGNATED PARKING SPOTS. NO DESIGNATED RIGHT HERE BECAUSE IT IS ACTUALLY THE ROADWAY. WHILE IT IS NOT A MARKED ROADWAY, IT IS THE ACCESS TO THIS BOAT RAMP AND YOU CAN SEE THE VEHICLE MARKS RIGHT HERE WHERE IT AS TRAFFIC LANE FOR ACCESS TO THE BOAT RAMP. THAT IS WHY THERE IS NO MARKINGS EITHER BY LINES OR BUMPERS AS ARE DONE OVER HERE BECAUSE THIS IS ACTUALLY A TRAVEL LANE. THEY PARKED TECHNICALLY IN THE
STREET IS WHAT THEY DID. >> I WOULD LIKE TO ASK WHY THE CAR ON THE CORNER -- LITERALLY ON THE CORNER WOULD NOT GET
TICKETED. >> AND ON THE OTHER SIDE OF WHERE WE WERE PARKED, THERE ARE NO LINES.
NOTHING MARKED. >> IT NEEDS ADJUSTMENTS DOWN HERE. PEOPLE KNOW NOT --
>> WE ARE NOT CAUSING -- WE CAN'T AFFORD AN EXTRA $50 OUT OF
I SEEN IT JUST THIS WEEKEND. PEOPLE ARE GETTING TICKETED RIGHT THERE. I ASKED THE PUBLIC.
SIR, DO YOU KNOW NOT TO PARK. NO, I DON'T KNOW.
I DID SPEAK WITH HIM THIS WEEKENDS.
AND IT IS KINDS OF A REWAS HIS ANSWER BECAUSE I AM JUSTICE INVESTIGATED, IF WE KNOW NOT TO PARK THERE, WE WOULD NOT HAVE BUT I BELIEVE THAT OTHER CITIZENS DO NOT KNOW NOT TO PARK THERE. AND IF THIS WAS A PARKING LANE, SHOULD HAVE, YOU KNOW, THE LINES ON THE GROUND.
>>SPECIAL MAGISTRATE: WE GET A LOT OF COMPLAINTS ABOUT PEOPLE BEING ISSUED TICKETS IN THAT AREA.
AND I DRIVE OVER THERE. AND MAYBE BECAUSE I DO THIS JOB OR MAYBE BECAUSE I HAVE LIVED HERE ON THE TREASURE COAST ALL MY LIFE, BUT I DON'T PARK THERE. BECAUSE THERE IS A BOAT RAMP THAT -- I CAN'T TELL FROM HERE, BUT THERE IS A BOAT RAMP THERE.
YOU JUST CAN'T DO IT AND THERE ARE SIGNS THAT SAY PARK IN DESIGNATED SPACES ONLY. IF THERE IS NOTHING TO INDICATE, YOU KNOW, THAT THIS IS A PARKING AREA, YOU CAN'T PARK THERE.
SO ANYTHING FURTHER? >> NO MA'AM.
IF YOU LOOK TO THE LEFT OF MY VEHICLE BACK HERE.
THERE IS SPECIFIC SIGNS FOR NO PARKING LO.
AND THE VERY LAST SPOT THERE IS NO PARKING.
SO THERE IS PARKING HERE. AND THE VEHICLE RIGHTS AT THE CORNER WHERE I WAS TWO CARS UP FROM ME.
WHY WOULDN'T THAT -- AND IT IS ADDITIONAL PARKING DIRECTLY AROUND THE CURB WHERE I AM AT. DIRECTLY AROUND THE CURB IS ADDITIONAL PARKING SO IT REALLY DOESN'T SAY NOT HERE BECAUSE IT IS ALL BEHIND -- THIS CAR -- WHERE THAT CAR IS RIGHT ON THE CORNER. YOU CAN PARK UP AND DOWN THE SAME SIDE ON THE RIGHT. IT DOESN'T SAY NOT PERMITTED IN FRONT OF THE AQUARIUM. NO FIRE HYDRANTS.
NO YELLOW SIGNS. OVER THE WEEKENDS EVERYBODY IS GETTING TICKETED THERE NOT KNOWING NOT TO PARK THERE.
THE $150 EVERY TIME SOMEONE GETS THERE.
AND DEPENDS ON WHEN HE IS GOING TO COME BACK AROUND AND SEEMS VERY UNFAIR. WE TRY TO FOLLOW ALL THE RULES.
>> ABSOLUTELY. >> WE HAVE KIDS BACK THERE AND
WE TRY TO TEACH THEM -- >> THAT'S WHY -- IF MOMMY AND DADDY KNEW NOT TO PARK THERE. IF IT IS COMMON KNOWLEDGE.
[01:00:03]
IT IS NOT RIGHT. IT WAS AN HONEST MISTAKE.>> PEOPLE PARK THERE EVERY DAY. >> WOULD YOU SAY AN HONEST
PARKING RIGHT ACROSS THE OTHER SIDE THERE.
>> YEAH. >> AND THE MOTORCYCLE GOT A TICKET. BUT HE SAID OH, I WILL PAY IT BECAUSE I AM ON PROBATION IS WHAT HE STATED.
AND THE GUY RIGHT HERE, HE DIDN'T GET A TICKET.
IT IS RIGHT AT THE CORNER WHERE THE CORNER IS DOING THE CURB.
THAT IS OKAY TO PARK THERE? THAT SEEMS MORE OUTWARD.
>> SPECIAL MAGISTRATE. THEY HAVE BEEN REPEATING THIS AND I FEEL THE NEED TO PROVIDE THE ANSWER.
I KNOW THIS IS -- >>SPECIAL MAGISTRATE: YOU MAY.
>> OUR JURISDICTION ENDS AT THE CONCRETE.
WHERE THAT GRASS IS BECOMES ST. LUCIE COUNTY.
I CANNOT BY LAW ENFORCE WHERE THE GRASS STARTS.
THAT WHOLE SECTION AND OFF TO THE HISTORIC MUSEUM IS ST. LUCY COUNTY. OUR JURISDICTION ENDS AT THE CONCRETE WHICH IS WHY WE ONLY ISSUE THE TICKET FROM THE CONCRETE WHERE IT ENDS FROM THE GRASS LINE BACK BECAUSE THAT IS OUR PARK. ONCE THE GRASS STARTS AND TURNS AROUND HEADED TO THE HISTORIC MUSEUM THAT IS ALL ST. LUCI COUNTY AND UP FOR THE SHERIFF'S DEPARTMENT TO COME IN AND
ENFORCE OVER THERE. >> YOUR HONOR, WOULD YOU PREFER I PARK THERE WHERE THAT CAR IS? I CAN PROMISE YOU I NEVER WILL PARK THERE AGAIN. BUT I WILL LET THE COMMUNITY KNOW. I AM GOING TO GO OUT THERE AND LET THEM KNOW DON'T PARK THERE BECAUSE THE CITY WILL COME AND GET YOU IF YOU DON'T KNOW WHERE TO PARK THERE.
>>SPECIAL MAGISTRATE: THANK YOU FOR DOING THAT.
THE JOB OF LAW ENFORCEMENT AND WHATEVER.
BUT THERE IS A SIGN THAT SAYS PARKING IN DESIGNATED SPACES
ONLY. >> MAY I ASK WHERE THAT IS?
WHERE IS THAT, MA'AM? >> HOLD ON.
I GOT IT. IT JUST SEEMS A LITTLE FINICKY.
>>SPECIAL MAGISTRATE: WE HAD A LOT OF COMPLAINTS.
I DRIVE HERE ALL MY LIFE. >> IT IS BAD.
>>SPECIAL MAGISTRATE: WE HAVE A LOT OF PEOPLE HERE NOW.
WE REALIZE THAT WE GOT TO DO SOMETHING WITH THE PARKING.
WE HAVE A PARKING COMMITTEE THAT IS WORKING ON THIS.
BUT UNTIL THAT COMMITTEE COMES UP WITH RESOLUTION, YOU JUST CAN'T PARK. I HAVE BEEN THERE.
I WILL BE HAPPY TO PAINT A LINE INSPECTION YELLOW.
>> IF IT IS IN YOUR WORK, MISS. APPRECIATE IF WE WERE ABLE TO GET A WARNING. I WOULD GREATLY APPRECIATE THAT
IF IT IS CAPABLE. >>SPECIAL MAGISTRATE: THERE YOU GO. PARK IN DESIGNATED SPACES ONLY.
NO DESIGNATED SPACE THERE. >> IT'S A MESS, YES, MA'AM.
>>SPECIAL MAGISTRATE: YOU CAN'T PARK.
IF IT DOESN'T HAVE THE PARKING SIGNS OR THE LINES, YOU CAN'T PARK THERE. AND THAT DOES LEAD TO A BOAT
RAMP, AM I CORRECTED? >> YES, MA'AM.
THE BOAT RAMP IS DIRECTLY BEHIND THEM.
PULLING OUT, WOULD YOU -- THEY ARE BLOCKING THE PATH --
>>SPECIAL MAGISTRATE: I AM TELLING YOU I GO THERE.
EVERYBODY WILL GET A CHANCE TO SPEAK.
BUT I HAVE DRIVEN OVER THERE. BECAUSE OF THE COMPLAINTS WE GET. AND IT IS CLEAR TO ME I CAN'T
PARK WHERE THEY ARE PARKED. >> YES, MA'AM.
NAPPED THIS PHOTOGRAPH, YOU CAN SEE THE BOAT RAMP HINDS --
>>SPECIAL MAGISTRATE: OF COURSE. BOATS ARE COMING IN AND OUT ALL
>>SPECIAL MAGISTRATE: OKAY. YOUR RESPONSE.
>> YOUR HONOR, ON THE RIGHT HAND SIDE, THE BOATS ARE WHERE THAT DOCK IS RIGHT THERE ON THE RIGHT.
THERE IS PARKING RIGHT THERE. LIMITED SPACE -- NOT LIMITED BUT A LARGE SPACE FOR THE BOATS. AND I BELIEVE THE SPOT WHERE I WAS PARKED WOULD BE TO ENTER THE AQUARIUM.
SO DOESN'T LET THE PATRONS OF THE AQUARIUM KNOW NOT TO PARK IN FRONT OF THERE EITHER. THREE SPOTS RIGHT THERE AND THAT IS WHERE THE TICKETS ARE GOING ROUND AND ROUND AND ROUND AND WOULD BE A DROP-OFF -- TECHNICALLY COULD BE A DROP-OFF.
IT IS NOT AN INTERSECTION FOR A RIGHT-OF-WAY TECHNICALLY.
AND YOU DON'T HAVE TO YIELD. THERE IS NO STOP SIGN TO YIELD APPEAR RIGHT-OF-WAY INVOLVES A TRAFFIC INTERSECTION WHERE YOU HAVE TO YIELD, WHERE YOU HAVE TO STOP FOR PEDESTRIANS.
IT IS MORE SO THE BOATS HAVE PLENTY OF ROOM.
AND THIS WILL BE A DROP-OFF SPOT TO GO INTO THE AQUARIUM SO SOME PARKING TO GO INTO THE AQUARIUM. NOT A TIME LIMIT.
IT IS VERY LIMITED TO WHAT IT SAYS.
THERE IS NOTHING STATING THERE. >>SPECIAL MAGISTRATE: ANYTHING FUR FURTHER?
>> NO MA'AM. >>SPECIAL MAGISTRATE: BASED ON THE EVIDENCE AND TESTIMONY PRESENTED I FIND THAT A VIOLATION EXISTS AND THAN JULIE MARIE PALECKI IS THE PARTY RESPONSIBLE. ILLINOIS POSE A $50 FINE FOR THE PARKING VIOLATION AND A $10 ADMINISTRATIVE FEE FOR A TOTAL OF $60. YOU HAVE 14 DAYS TO PAY.
IF NOT, THIS TICKET COULD BE SENT OVER TO THE COUNTY COURT SYSTEM WHERE YOU WILL INCUR ADDITIONAL FEES AND COSTS.
[01:05:01]
YOU HAVE 30 DAYS TO APPEAL. >> OKAY.
THANK YOU, YOUR HONOR. >>SPECIAL MAGISTRATE: YOU ARE WELCOME. WE HAVE SOME STUDENTS HERE.
WE HAVE AN INTERN AND I BELIEVE THOSE ARE THE PALECKI'S
CHILDREN. >>SPECIAL MAGISTRATE: WHO IS OUR
INTERN? >> SHE -- I DON'T KNOW IF SHE WANTS TO STAND UP. HER NAME IS SARAH.
SHE IS INTERNING ON THE CITY OF ATTORNEY'S OFFICE ON AND OFF
THIS SUMMER. >>SPECIAL MAGISTRATE: STANDS UP.
GO TO THE MICROPHONE. WE WILL PUTS YOU ON THE SPOT.
YOU ARE GOING TO BE ON FORT PIERCE TV.
>>SPECIAL MAGISTRATE: WHAT SCHOOL DO YOU ATTEND.
>> LYNN CAN PARK ACADEMY. >>SPECIAL MAGISTRATE: WHAT
GRADE. >> A RISING SENIOR, 12TH GRADE.
I HAVE BEEN ONE OF THOSE. >> ASK HER WHAT TYPE OF LAW.
>> CORPORATE MERGER AND ACQUISITIONS.
>>SPECIAL MAGISTRATE: BLEW US AWAY.
WELCOME ON BOARD. >> THANK YOU.
>>SPECIAL MAGISTRATE: YOU ARE WORK WITH WONDERFUL STAFF.
GLAD TO HAVE YOU. HOW LONG WILL YOU BE THERE?
>> I THINK THIS IS MY LAST DAY BEFORE I GO BACK TO SCHOOL.
I GO BACK AUGUST 10. >>SPECIAL MAGISTRATE: NICE TO MEET YOU. I HAD A SON WHO GRADUATED FROM LYNN CAN PARK ACADEMY AND YOU ARE AT A VERY GOOD SCHOOL.
>> THANK YOU. >> I WISH YOU WELL.
>> THANK YOU. >>SPECIAL MAGISTRATE: GOOD LUCK.
>> YOU ARE OFF THE HOT SEAT. >>SPECIAL MAGISTRATE: YOU CAN SEE THIS ON THE FORT PIERCE TELEVISION STATION.
IF SOMEBODY SAYS I SAW YOU ON TV, IT IS BECAUSE YOU ARE BEING TELEVISED. OKAY.
ALL RIGHT. NEXT CASE MADAM CLERK.
>> WE ARE DONE. >>SPECIAL MAGISTRATE: OH, DONE, DONE? PARTIES WERE NOT PRESENT, HOW
WERE THEY NOTIFIED. >> CASES REQUIRING A HEARING, A NOTICE OF HEARING WAS SENT TO THE VIOLATORS CERT TIDE MAIL.
IF THE GREEN CARD IS RETURNED SIGNED, IT IS PLACED IN THE FILE. IF THE GREEN CARD IS UNSIGNED AND UNCLAIMED, A NOTICE IS SENT TO THE VIOLATOR REGULAR U.S.
MAIL. TEN DAYS PRIOR TO THE HEAR, POSTED ON THE BULLETIN BOARD IN CITY HALL AND ALSO POSTED AT THE PROPERTY IN QUESTION WITH AN AFFIDAVIT OF POSTING.
IF THE GREEN CARD IS NOT RETURNED TO THE CODE ENFORCEMENT DEPARTMENT WITHIN TEN DAYS BEFORE THE HEARING, THE POST SOMETHING COMPLETED IN THE SAME MANNER AS IF IT IS UNCLAIMED.
CASES NO THE MANDATED BY STATE STATUTE, NOTICES ARE IN THE SAME MANNER. IF THE GREEN CARD IS RETURNED UNSIGNED, UNCLAIMED, A NOTICE OF THE HEARING IS POSTED ON THE
BULLETIN BOARD IN CITY HALL. >>SPECIAL MAGISTRATE: OKAY.
ANYTHING FURTHER? >> NO MA
* This transcript was compiled from uncorrected Closed Captioning.