§ 54-90. Violations; penalties; enforcement.

A.

Any person violating any of the provisions of this Ordinance shall, upon adjudication of a violation by the Code Enforcement Board, Special Magistrate, or court of competent jurisdiction, be subject to a fine not exceeding $500.00, as follows:

First Violation	$100.00 fine
Second Violation	$250.00 fine
Third or more Violation	$500.00 fine

 

Each incident of violation shall constitute a separate offense and shall be punishable as such hereunder. Any person who continues to violate the provisions of this Ordinance after having been previously cited, may be subject to further citations.

B.

Upon adjudication by the Code Enforcement Board, Special Magistrate, or court of competent jurisdiction of three violations of this Ordinance for the same offense within a 12-month period, when the offending Sound is created by the same Sound emitter, the noise creating equipment may be confiscated by the Code Enforcement Board, Special Magistrate, or court following the third adjudication of violation, until such time as the offender can satisfy the Code Enforcement Board, Special Magistrate, or court that he or she is prepared to and, in fact, will operate said equipment within the limits of this Ordinance. Further adjudications of violation thereafter shall be grounds for permanent confiscation by the Code Enforcement Board, Special Magistrate or court.

C.

The owner of property, a tenant, a lessee, a manager, employee, an overseer, an agent, corporation or any other person or persons entitled to lawfully possess or who claims lawful possession of such property involved at a particular time shall each be responsible for compliance with this Ordinance and each may be punished for violation of this Ordinance.

D.

It shall not be a lawful defense to assert that some other person caused such sound but each lawful possessor or claimant of the premises shall be responsible for operating or maintaining such premises in compliance with this Ordinance and the offending act shall be punishable whether or not the person actually causing such sound is also punished.

E.

The County Sheriff or designee or any other authorized enforcement agency is empowered to investigate any situation where a person, business or other establishment is alleged to be in violation of this Ordinance. If the Sheriff or designee or other authorized enforcement agent encounters a circumstance which reasonably indicates that a person is in violation of this Ordinance, or where the Sheriff or designee or other authorized enforcement agent responds to complaints regarding Amplified Sound or nonamplified music from any area for which an Annual Sound Permit has been issued, he may administer a test with a Sound Level Meter and ascertain whether a violation of this Ordinance has occurred. If the result of the test indicates a violation of this Ordinance, the Sheriff or designee or other authorized enforcement agent is authorized to demand that the violative sound cease, and to issue a citation or notice to appear to the person producing, causing to be produced, or allowing to be produced the Amplified Sound.

F.

In addition to the foregoing provisions, the following enforcement procedures shall apply where an annual permit is required pursuant to Section Six:

(1)

Upon the first violation of the annual permit the County Code Enforcement Department or Sheriff's Office may issue a verbal or written warning, if one has not been previously issued by another authorized enforcement agency, and upon the second violation or any subsequent violations within a 24-hour period a written citation may be issued. Any violations for which a written citation has been issued may be referred to the County Code Enforcement Board, Special Magistrate, or to a court of competent jurisdiction, in accordance with the procedures set forth in County Ordinance No. 2007-44, the "Consolidated Code Enforcement Ordinance".

(2)

If cited to the Code Enforcement Board or Special Magistrate, the Code Enforcement Board or Special Magistrate shall conduct a hearing and provide for and enforce such penalties as provided by law.

(3)

In addition to the authority of the Code Enforcement Board or Special Magistrate to impose fines and other penalties, the person, business establishment or other entity causing or allowing to be caused the violative sound may be subject to civil and/-or criminal penalties as provided by this Ordinance upon conviction by a court of competent jurisdiction.

G.

Statutory Vehicle Related Noise Violations. Motor vehicle noise prohibited by F.S. § 316.272, (excessive or unusual noise from motor vehicle exhaust system), or by F.S. § 316.293, (maximum motor vehicle decibel levels measured by testing equipment), or any vehicle noise prohibited by any other Florida Statute, shall be enforceable by the Sheriff's Office, and shall not be enforceable by Code Enforcement officers.

H.

Noise that violates this Ordinance emitted from a vehicle (including motor vehicle) when on a road, or emitted from a noise producing device related to a vehicle when on a road, shall be enforceable by the Sheriff's Office, and shall not be enforceable by Code Enforcement officers. These violations, when off road, can be enforced by Code Enforcement officers or by the Sheriff's Office, including without noise testing by applying Section Twelve.

I.

Other Remedies Preserved. Nothing in this Ordinance shall prohibit the Sheriff's Office from charging persons responsible for acts which affect the peace and quiet of persons who may witness them for breach of the peace or disorderly conduct under Florida Statutes. In addition, no provision of this Ordinance is intended to disturb the right of the County or of any person or entity to pursue any other remedy for the abatement of a nuisance, or any other remedy that may then be available under law or equity. This Ordinance does not apply to the extent the specific regulation is preempted by Florida or federal law.

(Ord. No. 90-17, § 12; Ord. No. 93-77, § 9; Ord. No. 2008-68, § 10)

State law reference

Penalty for ordinance violations, F.S. § 125.69.