§ 2-18-16. Enforcement and penalties.

(1)

The owner or operator of a pain management clinic operating in Manatee County after the effective date of this article and without a pain management clinic permit or an exemption therefrom, is in violation of this article and shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, he or she shall be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment in the county jail not to exceed sixty (60) days, or by both fine and imprisonment. Each day that the pain clinic operates in violation of this article shall be considered a separate incident for purposes of prescribing penalties.

(2)

In addition to the criminal penalties provided in this section, citations may also be issued to enforce any violations of this article per provisions of Part II of Chapter 162, Florida Statutes, as may be applicable. A code enforcement officer is specifically authorized to issue a citation for each violation. Each day of any violation shall constitute a separate and distinct offense. A violation of any provision of this article is a civil infraction. If a person who has committed a civil infraction does not contest the citation, the civil penalties to be assessed by code enforcement officers for violation of any provision of this article shall be as follows:

(a)

First violation: Two hundred dollars ($200.00).

(b)

Repeat violation: Four hundred fifty dollars ($450.00).

(3)

The board of county commissioners may also enforce this article by an action in equity, including injunctive or declaratory relief, in the appropriate court of competent jurisdiction, in order to prevent or abate violations of this article. In the event that the county prevails in any such action, the county shall be entitled to an award of its costs and reasonable attorneys' fees.

(Ord. No. 12-14, § 1, 3-27-12; Ord. No. 12-24, § 1, 5-22-12)