§ 2-21-91. Enforcement.

(a)

Subject to training and qualification requirements established by the public safety director of Manatee County, the sheriff and his or her deputies are hereby designated as code enforcement officers for purposes of enforcing the provisions of this article. Fire chiefs or their designees of the fire districts and municipalities, and all municipal police and code enforcement officers are also so designated, providing their governing bodies consent to such designation by written resolution filed with the county public safety director.

(b)

Any act or omission prohibited by the provisions of Chapter 791, Florida Statutes, may be prosecuted under the enforcement provisions therein.

(c)

Violations of this article may be processed under the procedures set forth in section 162.21, Florida Statutes, except that, due to the inherent danger to the public, a code enforcement officer shall issue a citation immediately for each violation without a waiting period.

(d)

The civil fine for each violation of this article shall be five hundred dollars ($500.00); provided, however, that if a violator does not contest a citation, the civil penalties for certain violations are as listed below:

(1)

Failure to first obtain a required permit before manufacturing, selling or conducting a public display of fireworks: $250.00.

(2)

Selling fireworks to an unauthorized nonminor person: $250.00.

(3)

Selling fireworks or sparklers to a minor: $250.00.

(4)

Failing to confirm age of buyer prior to sale: $250.00.

(5)

Knowingly providing false information during the registration or application process: $250.00.

(6)

Failure to maintain records of affidavits and sales: $250.00.

(7)

Sale of fireworks or sparklers during a water use moratorium or automatic drought restriction: $250.00.

(8)

Use of fireworks or sparklers during a water use moratorium or automatic drought restriction: $250.00.

(9)

Possessing, using or exploding fireworks without having a valid, current permit in one's immediate possession: $250.00.

(10)

In addition to the foregoing, restitution may be awarded to the county, sheriff, municipality and/or fire district for the actual costs associated with enforcement, seizure, and investigation of a proven violation.

(e)

A code enforcement officer, designated under this article, may immediately issue a citation to any person or entity using or exploding fireworks without having a valid permit in his or her possession. The code enforcement officer shall seize and confiscate any fireworks in the possession of any person or entity who cannot produce a valid, current permit.

(f)

The county public safety director will provide, upon request, copies of its uniform citation notice forms to the Sheriff, municipalities or fire districts for use in enforcement of this article, and shall adopt standards, training qualifications and other necessary procedures to implement the provisions of this article.

(g)

Pursuant to Section 162.30, Florida Statutes, and as an alternative to a code enforcement action, violators of this article shall be subject to a civil action wherein all manner of civil relief, including injunctive relief, may be sought.

(h)

Notwithstanding any of the foregoing, as an alternative to civil enforcement, and pursuant to Sections 162.21(8) and 162.22, Florida Statutes, violators of this article shall be subject to the issuance of a summons and notice to appear and/or arrest, as provided in Chapter 901, Florida Statutes, and upon conviction may be sentenced to pay a fine not to exceed five hundred dollars ($500.00), a definite term of imprisonment not to exceed sixty (60) days in the county jail, and the restitution of applicable costs and defender fees as authorized by Section 162.30, Florida Statutes.

(Ord. No. 04-27, § 6, 2-10-04)