§ 2-21-35. Enforcement and penalties.

(1)

Enforcement. The provisions of this article shall be enforced throughout the unincorporated county and, pursuant to Chapter 162, Florida Statutes by the Manatee County Sheriff's Office and County Code Enforcement. The sheriff and his or her deputies are hereby designated as code enforcement officers for purposes of enforcing the provisions of this article within their respective jurisdictions and are fully authorized to enforce the provisions of this article. Pursuant to Section 162.22, Florida Statutes enforcement methods may include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court or arrest by a law enforcement officer for violation of any of the provisions of this article as provided for in Chapter 901 of Florida Statutes. The county shall promulgate a standard form of notices and citations for usage by code enforcement officers. The Manatee County Sheriff's Office may develop standard form notices and citations consistent with this article for use by law enforcement.

(2)

Except as set forth in subsection (4) below, when a code enforcement officer or law enforcement officer has reasonable cause to believe that a violation of this article has occurred, based upon personal investigation, he or she shall provide notice to the person that the person has committed a violation of this article and shall establish a reasonable time period within which the person must correct the violation. Absent special circumstances, a reasonable time period shall be fifteen (15) minutes. If, upon personal investigation, a code enforcement officer or law enforcement officer finds that the person has not corrected the violation within a reasonable time period, they may engage in any of the enforcement actions set out in section (1).

(3)

A notice issued under any section of this article may be contested by requesting a hearing before the code enforcement special magistrate. However, the pendency of a hearing on the contested notice shall not entitle the person to continue any activity which formed the basis of the alleged violation, unless and until the special magistrate rescinds such notice.

(4)

A code enforcement officer or law enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a citation summons, notice to appear, or prior to making an arrest, and may immediately take such action if a repeat violation within three hundred sixty-five (365) days is found or if the code enforcement officer or law enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, the violator is engaged in violations of an itinerant or transient nature, or if the violation is irreparable or irreversible.

"Repeat violation" is a violation of this article by a person who has been previously found by the code enforcement special magistrate or any other quasi-judicial or judicial process, to have violated or who has admitted violating this article, notwithstanding the violations occur at different locations.

Additionally, payment of a civil citation, failure to pay the civil penalty or failure to contest the citation within the time frame specified on the citation shall be deemed an admission of a violation of this article for the purposes of a repeat violation.

Due to the mobile nature of motor vehicles, violations involving amplified sound produced by a radio, tape player, CD player, or other mechanical soundmaking device or instrument from within motor vehicles are deemed per se itinerant or transient in nature.

(5)

A citation issued by a code enforcement officer or a law enforcement officer shall include the following information, as provided in Section 162.21, Florida Statutes, and as amended:

a.

The date and time of issuance.

b.

The name and address of the person to whom the citation is issued.

c.

The date and time the civil infraction was committed.

d.

The facts constituting reasonable cause.

e.

The number or section of the code or ordinance violated.

f.

The name and authority of the code enforcement officer.

g.

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

h.

The applicable civil penalty if the person elects to contest the citation.

i.

The applicable civil penalty if the person elects not to contest the citation.

j.

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(6)

A violation of section 2-21-33(5)(a)—(c) of this article shall be a written warning for a first offense, a one hundred dollar ($100.00) civil penalty for a second offense committed within three hundred sixty-five (365) days of the written warning, and a two hundred fifty dollar ($250.00) civil penalty for any third or subsequent offense committed within three hundred sixty-five (365) days of the second violation.

For a violation of any other section of this article:

a.

First violation: A code enforcement officer may issue a citation, in accordance with subsections (2)—(4), with a one hundred dollar ($100.00) fine or a notice to appear in county court subject to the penalties of a second degree misdemeanor, as provided in Section 775.082, Florida Statutes. A law enforcement officer may issue a citation, in accordance with subsections (2)—(4), with a one hundred dollar ($100.00) fine, a summons, or a notice to appear in county court or arrest by a law enforcement officer subject to the penalties of a second degree misdemeanor, as provided in Section 775.082, Florida Statutes.

b.

Second violation: Within three hundred sixty-five (365) days of the first violation, a code enforcement officer may issue a citation with a two hundred fifty dollar ($250.00) fine or a notice to appear in county court subject to the penalties of a second degree misdemeanor, as provided in Section 775.082, Florida Statutes. A law enforcement officer may issue a citation with a two hundred fifty dollar ($250.00) fine, a summons, or a notice to appear in county court or arrest by a law enforcement officer subject to the penalties of a second degree misdemeanor, as provided in Section 775.082, Florida Statutes.

c.

Third or subsequent violation: Within three hundred sixty-five (365) days of the second violation, a code enforcement officer may issue a five hundred dollar ($500.00) fine or a notice to appear in county court subject to the penalties of a second degree misdemeanor, as provided in Section 775.082, Florida Statutes. A law enforcement officer may issue a citation with a five hundred dollar ($500.00) fine or effectuate an arrest or issue a citation a summons, or a notice to appear in county court subject to the penalties of a second degree misdemeanor, as provided in Section 775.082, Florida Statutes.

(7)

A citation issued under any section of this article shall be contested in county court.

(8)

If the violator elects to contest the citation, he or she shall request a hearing through the procedure described on the citation and within the time frame specified on the citation.

(9)

If the violator neither pays the civil penalty nor contests the citation within the time frame specified on the citation, he or she shall be deemed to have waived the right to contest the citation and it shall be deemed an admission to the violation. A judgment may be entered against that person for the maximum civil penalty of five hundred dollars ($500.00) plus applicable fees and costs.

(10)

In accordance with Chapter 162, Florida Statutes, and as amended, any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes.

(Ord. No. 13-05, § 1, 6-4-13; Ord. No. 16-08 , § 1, 9-13-16)