§ 10.6-17. Enforcement and penalties.
(1)
Enforcement.
a.
It shall be unlawful for a person (i) to commit any act prohibited by this Ordinance, or (ii) to fail to act as required by this Ordinance.
b.
The county's code enforcement officers, any law enforcement officer, Division employees, and any other person authorized to enforce county ordinances may enforce the provisions of this Ordinance. Division employees are authorized to enforce the provisions of all permits that the Division may issue.
c.
A violation of this Ordinance shall be punishable by any enforcement action or legal remedy permitted by law including, but not limited, to (i) prosecution as a misdemeanor with imposition of a fine not to exceed $500.00, imprisonment for a term not to exceed 60 days, or by both fine and imprisonment; (ii) imposition of civil fines or penalties; and (iii) pursuit of injunctive relief or declaratory relief from a court of competent jurisdiction. Nothing stated in this paragraph shall prevent the county from taking any lawful action that may be necessary for it to enforce or to remedy any violation of this Ordinance.
d.
The county may elect to utilize procedures for issuing citations, providing notice and a hearing on the alleged violation, and contesting citations, in accordance with (i) the Polk County code enforcement citation ordinance (Polk County ordinance 92-32, as amended), or (ii) the Polk County code enforcement special magistrate ordinance) (Polk County ordinance 07-058, as amended). However, the amount of any civil fine imposed shall be in accordance with section 10.6-17(2), below, with the proceeds of the fines assessed and collected deposited in accordance with Section 10.6-17(1)d., below. Nothing stated in this paragraph shall prevent the county from utilizing any other lawful procedure available to enforce or to remedy any violation of this Ordinance.
e.
The special magistrate appointed pursuant to the Polk County code enforcement special magistrate ordinance is hereby authorized to conduct hearings, decide whether a violation of this Ordinance has occurred, and upon finding that a violation has occurred, impose fines and costs, and liens against violators. If the county elects to utilize the Polk County code enforcement special magistrate ordinance procedures, then a "violator" under that ordinance shall include a person who violates this Ordinance.
f.
Division employees and law enforcement officers are authorized to remove an ordinance violator and their personal property from any county park or recreational area. The enforcement employee(s) or officer(s) shall first warn the violator and request that the violator immediately leave the area with their personal property. A violator's failure to timely comply with the request shall constitute a trespass aft warn which may be prosecuted in accordance with applicable criminal sanctions.
(2)
Penalties.
a.
Each violation of the ordinance is a separate infraction for which a separate penalty may be imposed. Violations of a continuing nature shall constitute a separate violation for each day such violation continues and a separate fine whether imposed pursuant to a misdemeanor prosecution, civil penalty, or otherwise, may be imposed for each day such violation continues.
b.
If a civil fine is imposed for violating the ordinance, then the fines shall be assessed as stated in this section 10.6-17(2). Ordinance violations shall be classified as a Class I, Class II, Class III or Class IV violation, as set forth on the schedule of violations table, below. Violations not listed on the schedule of violations table shall be Class I violations. Except as stated in section 10.6-17(2)c., the fine imposed for a Class I violation shall be $50.00; the fine imposed for a Class II violation shall be $100.00; the fine imposed for a Class III violation shall be $250.00; and the fine for a Class IV violation shall be $500.00.
SCHEDULE OF VIOLATIONS TABLE
Description of Violation Ordinance
SectionClass Use of unlicensed motor vehicles 2.3.A. II Accepting parking or entrance fees 2.6.B. and 2.15.B. III Vandalism/Destroying property 2.8.A. IV Damaging/Removing plants 2.8.B. II Excavating/Removing artifacts 2.8.C. III Unauthorized fires 2.8.E. III Molesting wildlife 2.9.A. II Abandoning animals 2.9.B. III Landing aircraft 2.11.A. III Stunt flying 2.11.B. IV Possession/Consumption alcoholic beverages 2.1 IV Unauthorized vending 2.15.A. III Unauthorized advertising 2.16. III Unauthorized mass assembly 2.17. II Loitering 2.18.B. II c.
If a person violates a particular provision of this Ordinance once and at any time within five years thereafter again violates the same ordinance provision, then the fine applicable for the second offense shall be the fine applicable for the next higher class of violation. Additionally, if a person violates any provision of this Ordinance three times and at any time thereafter violates the same or any other provision of this Ordinance, then the fine applicable for the fourth (and all subsequent ordinance violations) shall be the fine applicable for the next higher class of violation.
d.
Except as provided herein in this section 10.6-17(2)d., notwithstanding the provisions contained in Polk County Ordinance 07-058 as amended, amounts collected from any civil fine imposed pursuant to this Ordinance shall be deposited into the county's parks and recreational fund or a functional equivalent of that fund, except for costs of prosecution incurred by the Code Enforcement Division which shall be deposited in accordance with Ordinance 07-058, as amended.
e.
If the county prevails in prosecuting a case of an ordinance violation, then the county shall be entitled to recover from the violator all substantial costs that the county has incurred in prosecuting the case.
(Ord. No. 14-065, § 3, 11-4-14)