Longboat Key's illegal parking fines to increase in December

The Longboat Key Town Commission voted Monday to increase fines for illegal parking.

Commissioners voted 6-0 to increase penalties from $30 to $75. The increase is set to take effect on Dec. 7.

“There was a survey that the police department did when they came to the recommendation of $75,” Town Manager Tom Harmer said.

Vice Mayor Mike Haycock did not attend Monday afternoon’s virtual commission meeting.

Specifically, Longboat Key police officers can issue $75 citation for parking in time-restricted areas, unlawful parking or where parking is otherwise prohibited, though generally not on private property.

The town’s previous citation of $30 was much less expensive than many nearby municipalities.

Several Longboat Key residents and town staff have told the Observer that beachgoers and restaurant patrons have illegally parked because of the Longboat Key’s low fine.

The commission’s decision to update its illegal parking fines also maintains the town’s $250 fine for illegally parking in a handicapped spot. It also updates the town’s parking-fine appeal process. Town Attorney Maggie Mooney said Longboat Key’s revised parking appeal process is now similar to the city of Bradenton’s.

“They have the most similarly situated process in the area, and they have indicated, their city attorney and their police chief, that their process works,” Mooney said.

The appeals process will require anyone wanting to contest a ticket to submit a request to the town manager within 14 days of receiving a parking ticket. The person would be required to submit their name, phone number, email address, a copy of the parking ticket, a copy of their driver's license and a copy of their vehicle registration.

The town’s special magistrate would then hear the appeal under the condition that commissioners rescind a chapter in town code that prohibits such an appeal.

Mooney said this was the reason the parking fine increase doesn’t take effect immediately.

“It opens the door so that the special magistrate can hear these contests,” Mooney said. “Now, we are going to need to to adopt another ordinance that amends chapter 33 of our code that specifically strikes through an exclusion that exists for the special magistrate that currently prevents the special magistrate from hearing parking-citation matters.”

Mooney said commissioners could strikethrough the exclusion so the special magistrate can hear parking-citation matters. She said a first reading could happen on Nov. 2. If passed, a second reading and adoption would then happen as soon as Dec. 7.

“It is a simple strikethrough,” Mooney said.

The person who elects to contest a ticket may be assessed an additional penalty of up to $100 if the special magistrate upholds the ticket.

Harmer said the town’s Special Magistrate Milan Brkich is willing to take on the additional responsibility of hearing parking-citation matters.

Payments made between 15-44 days from when the citation is issued would have an additional fine of $75. Payments made between 45 days-74 days would have an additional $150; and payments made 75 days or more would have an additional fine of $225.

A person can also request a preliminary parking citation review within five calendar days to the police chief. The police chief can then affirm the issuance of the ticket, dismiss the ticket or allow for a reduction in the penalty.

Police Chief Pete Cumming said the town sees about 90% of its parking citations paid.

“We’ve had success and we’ve had very few that come in and contest or request a dismissal or that kind of thing,” Cumming said. “Again, and I think that’s probably…[it] may increase with the increase in the fines.”

Under the $30 parking fine, Longboat Key finance director Susan Smith said the town collected $16,620 during fiscal year 2020 and $10,000 in fiscal year 2019.

The town last increased its parking fine in 2014.

To help alleviate the town’s parking woes, commissioners are also set to have a first reading in November on a proposed resident permit parking program for the Longbeach Village neighborhood. North-end residents have dealt with public parking problems for years.