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 Polk County
 Code of Ordinances
 Chapter 8. HEALTH AND SANITATION
 Article VI. LITTER

  § 8-145. Penalties; enforcement.  

Latest version.

  • (a)

    Any person who dumps litter in violation of section 8-143 of this article or raw human waste in violation of section 8-144 of this article is guilty of a noncriminal infraction, punishable by a civil penalty of one hundred dollars ($100.00) for the first infraction and five hundred dollars ($500.00) for the second or subsequent infractions. In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed.

    (b)

    Persons cited for an infraction under this article shall sign and accept a citation acknowledging receipt of the citation. Persons receiving a citation may pay the civil penalty within ten (10) days of the date of receiving the citation. If a person fails to pay the civil penalty within ten (10) days of receipt of the citation, the clerk's office shall issue a notice to appear. The clerk shall assess a ten dollar ($10.00) late fee for each penalty paid after the initial ten (10) day period. The late fee shall he retained by the clerk's office for the purpose of defraying operating expenses. Payment of the civil penalty and applicable late fee shall be deemed an admission of the infraction and a waiver of the violator's right to a nonjury trial on the issue of the commission of the violation. Failure to pay the civil penalty and late fee when the citation has not been successfully contested shall result in the recording of a lien for the unpaid amount as well as for recording fees.

    (c)

    A citation issued pursuant to this article shall state the date and time of issuance, name and address of the person in violation, date of the violation, section of the ordinance or subsequent amendments thereto violated, name of the law enforcement officer issuing the citation, the date and time when the violator shall appear in county court if he or she wishes to contest the citation, and a conspicuous statement indicating the penalty for willful refusal to sign and accept the citation.

    (d)

    Any person who willfully refuses to sign and accept a citation issued pursuant to this article shall be guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 or section 775.083, Florida Statutes.

(Ord. No. 99-24, § 5, 6-8-99)