§ 10.6-52. Classifications, repeat violations, and penalties.

(a)

Except as provided in section 10.6-51(b), a violation of this division shall be classified as either Class I, Class II, Class III or Class IV violation, as set forth on the schedule of violations, below. The penalty for a Class I violation shall be fifty dollars ($50.00). The penalty for a Class II violation shall be one hundred dollars ($100.00). The penalty for a Class III violation shall be two hundred fifty dollars ($250.00). The penalty for a Class IV violation shall be five hundred dollars ($500.00).

(b)

Each violation of this division shall be treated as a separate infraction, for which a separate citation may be issued and a separate fine up to five hundred dollars ($500.00) imposed. Violations of a continuing nature shall constitute a separate violation for each day such violation continues and a separate citation may be issued and a separate fine up to five hundred dollars ($500.00) imposed for each day such violation continues.

(c)

In the event a person violates a provision of this division once and commits a second violation of the same provision within five (5) years of the first violation, then the penalty for second offense shall be at the rate charged for the next higher class. If a person is found to have violated any provision of this division three (3) times and commits a further violation of this division, then the penalty for subsequent violations shall be the same as the penalty imposed for the next higher class.

(d)

Amounts collected for citations issued pursuant to this division shall be placed into the county's environmental lands management fund or its functional equivalent.

(e)

Schedule of violations table. If a violation is not listed in the table below, then a violation of Subdivision B shall be a Class I violation; a violation of section 10.6-50 shall be a Class II violation; and a violation of section 10.6-48 shall be a Class III violation. Class IV violations shall be specifically named in the schedule of violations.

Description of Violation	Section this Code	Class
Discharging firecrackers, rockets, fireworks, etc.	10.6-50(b)	III
Erecting an unauthorized structure/sign	10.6-50(j)	II
Excessive noise	10.6-50(k)	II
Fire in an unauthorized location	10.6-50(l)	III
Harvesting, injuring, destroying, defacing of plants/trees	10.6-50(d)	III
Improper cleaning of fish, game, food or household articles	10.6-50(i)	I
Improper disposal of garbage	10.6-50(h)	III
Intentionally releasing, abandoning, leaving, placing or dumping animals, reptiles, flora, or fauna	10.6-50(r)	II
Overnight parking or storing commercial vehicle	10.6-46	II
Playing paintball	10.6-50(q)	III
Possessing or offering to sell alcoholic beverages	10.6-50(p)	II
Prohibited pets, pets not on a leash, or pets not under guest's control	10.6-50(c)	II
Removal, vandalism of cultural or archaeological resources (including possession of a metal detector)	10.6-50(g)	III
Removing, injuring, harassing wildlife	10.6-50(o)	II
Selling of merchandise, services	10.6-50(m)	I
Trapping animals	10.6-48	III
Unauthorized possession or use of devices capable of mechanically propelling or expelling a projectile (including, but not limited, to paintball guns)	3.3(n)[10.6-50(n)]	III
Using unauthorized motor vehicle in an environmental land or parking a motor vehicle in an unauthorized place or manner	10.6-50(a)	II
Unauthorized entry into a closed area or being present in an environmental land while it is closed without authorization	10.6-45(a)	II
Vandalism or destruction of facilities (including fencing, gates)	10.6-50(e)	IV

 

(f)

In addition to any other penalty, a person who is found to have been properly cited under this section shall also be prohibited from accessing, entering, or using any environmental land in accordance with the following:

(1)

If a person was guilty of a Class I violation, then upon written notice by the director of the natural resources division, a LEO, or a RPO that person shall be prohibited from entering upon any environmental land for three (3) months from the effective date of the notice.

(2)

If a person was guilty of a Class II violation, then upon written notice by the director of the natural resources division, a LEO, or a RPO that person shall be prohibited from entering upon any environmental land for six (6) months from the effective date of the notice.

(3)

If a person was guilty of a Class III or Class IV violation, then upon written notice by the director of the natural resources division, a LEO, or a RPO that person shall be prohibited from entering upon any environmental land for twelve (12) months from the effective date of the notice.

(4)

If a person has been found guilty twice of any class of violation within a twenty-four-month period beginning on the date the first violation was found valid, then upon written notice by the director of the natural resources division, a LEO, or a RPO that person shall be prohibited from entering upon any environmental land in perpetuity.

(5)

Notice may be given in person or by certified U.S. mail. Notice is effective upon personal delivery or upon receipt of the certified mail. In the event the notice is mailed, it shall be directed to the address listed in the citation or the address of record given by the defendant after the citation was issued. This notice may also be included in the citation and if so, notice shall be effective upon the waiver of the right to contest the citation or upon the adjudication of guilt if a hearing is requested.

(6)

If the person who has been prohibited from entering an environmental land is found on any environmental land after the effective date of the notice but during the prohibition period, that person's presence shall constitute a prima facie trespass pursuant to Section 810.09 (2007), Florida Statutes, or its functional equivalent and shall constitute probable cause for arrest.

(7)

Any prohibitions of access or use pursuant to this section shall run concurrent to a prohibition pursuant to section 10.6-49(f).

(Ord. No. 08-003, § 4.2, 3-19-08; Ord. No. 11-022, § 2, 9-27-11)