§ 36-178. Penalties.

(a)

A violation of this article may be enforced by issuance of a citation, summons, notice to appear in County Court, arrest as provided in Fla. Stat. ch. 901, or in accordance with this Code, and punishable by a fine not to exceed $500.00. Nothing contained herein, however, shall prohibit the City from enforcing this article by any other lawful means; or

(b)

In accordance with Section 1-7 of this Code; or

(c)

In accordance with Chapter 10 of this Code; or

(d)

A citation issued pursuant to Fla. Stat. § 327.74 (uniform boating citations) by any law enforcement agency authorized to issue such citations. Any person cited for a violation of this article shall be deemed charged with a noncriminal infraction and shall be cited to appear before the County Court. The civil penalty for any such infraction is $50.00, except as otherwise provided in this section.

(1)

Any person cited for an infraction under this section may:

a.

Post a bond that shall be equal in amount to the civil penalty; or

b.

Sign and accept a citation indicating a promise to appear in County Court.

(2)

The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty.

(3)

Any person who willfully refuses to post a bond or sign and accept a citation is guilty of a misdemeanor of the second degree.

(4)

Any person charged with a noncriminal infraction under this section may:

a.

Pay the civil penalty, either by mail or in person within ten days of the date of receiving the citation; or

b.

If a bond has been posted, forfeit the bond by not appearing in County Court at the designated time and location.

(5)

If the person cited follows either of the procedures in subsection (4) of this section, he/she shall be deemed to have admitted the infraction and to have waived his/her right to a hearing on the issue of commission of the infraction. Such admission shall not be used as evidence in any other proceedings.

(6)

Any person electing to appear before the County Court or who is required to appear shall be deemed to have waived the limitations on the civil penalty specified in this section. The County Court, after a hearing shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven, the County Court may impose a civil penalty not to exceed $500.00.

(7)

At any County Court hearing under this article, the commission of a charged infraction must be proven beyond a reasonable doubt.

(8)

If a person is found by the County Court to have committed an infraction, he/she may appeal that finding to the Circuit Court.

(9)

Failure to pay fines within 30 days shall be punished as a secondary misdemeanor.

(Ord. No. 2003-24, § 1, 12-9-2003; Ord. No. 2011-16, § 3, 12-13-2011)