§ 1-7. General penalty; continuing violations.  


Latest version.
  • (a)

    In this section, the term "violation of this Code" means any of the following:

    (1)

    Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

    (2)

    Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

    (3)

    Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

    (b)

    In this section, the term "violation of this Code" does not include the failure of a City officer or City employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

    (c)

    Except as provided by law or ordinance, a person convicted of a violation of this Code shall be punished to the maximum extent allowed by State law. If a violation of this Code is also a violation of State law, the violation shall be punished in the same manner and within the same limits as are prescribed for such violation of State law.

    (d)

    Except as otherwise provided by law or ordinance:

    (1)

    With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

    (2)

    When a violation of this Code is contingent upon the City serving giving notice of the violation, each day that the violation continues after such notice is a separate offense.

    (3)

    With respect to other violations, each act constitutes a separate offense.

    (e)

    The imposition of a penalty does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions and any sanction may employed in the case of a violation of this Code.

    (f)

    In addition to all other remedies, a notice to appear in County court issued under Fla. Stat. § 162.23, a citation issued pursuant to Fla. Stat. § 162.21, or by any other method authorized by law may be employed by the City to abate or punish violations of this Code.

    (g)

    Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

State law reference

Designation of enforcement methods and penalties for violation of municipal ordinances, Fla. Stat. § 162.22.