§ 1.08. General Penalty; Continuing Violations; enforcement Methods; Alternatives to Penalties; Violations as Public Nuisance; Collection of Unpaid Financial Obligations.
(1)
"Violation of this Code" means:
(a)
Doing an act that is prohibited or made or declared unlawful by the Code of the City of Orlando; a misdemeanor committed within the City of Orlando; or an offense by ordinance, rule, regulation, or order authorized by the Code of the City of Orlando.
(b)
Failure to perform an act that is required to be performed by the Code of the City of Orlando or by rule, regulation, or order authorized by the Code of the City of Orlando or ordinance.
(c)
Failure to perform an act if the failure is declared a misdemeanor or unlawful by the Code of the City of Orlando or an offense by ordinance, rule, regulation, or order authorized by the Code of the City of Orlando.
(2)
"Violation of this Code" does not include the failure of an officer or employee of the City to perform an official duty.
(3)
Except as otherwise provided by law or ordinance, a person found guilty of violating any provision of this Code may be sentenced to pay a fine not to exceed $500.00 and may be sentenced to a definite term of imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment.
(4)
In addition to, or as an alternative to, the penalties hereinabove provided, a person found guilty of violating any provision of this Code may be sentenced to or otherwise be:
(a)
placed on supervised probation by the Court in accordance with the terms of Sections 1.13 through 1.20 of this Code;
(b)
ordered by the Court to pay restitution in accordance with Florida Statutes chs. 775 and 921;
(c)
ordered by the Court to perform public service in accordance with Florida Statutes chs. 775 and 921;
(d)
allowed to participate in the pretrial intervention program as set forth in Florida Statutes ch. 948, if such violator meets the qualifications enumerated therein and participation in the program is approved by the City Prosecutor's Office;
(e)
ordered by the Court to undergo psychiatric, psychological and/or drug and alcohol abuse evaluation treatment and/or counseling;
(f)
ordered by the Court to undergo testing for the Human Immunodeficiency Virus (HIV) and/or sexually transmitted disease (STD);
(g)
ordered by the Court to comply with the terms and provisions of any authorized and legal sentence.
(5)
With regard to violations of this Code that are continuous with respect to time, each day the violation continues is and constitutes a separate offense.
(6)
The City may, but is not limited to, enforce its Code and ordinances through the issuance of a citation, a summons, a notice to appear in County Court, or arrest as provided for in Florida Statutes ch. 901.
(7)
The imposition of a penalty does not preclude revocation or suspension of a license, permit or franchise, the imposition of civil fines or other administrative actions including actions pursuant to Florida Statutes ch. 162.
(8)
In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be abated by the City as provided by law.
(9)
The City Council is authorized and empowered to institute legal proceedings in State or Federal Court for the purposes of obtaining injunctive relief and such other relief as may be proper under the law against violators of this Code. The imposition of a penalty does not prevent equitable relief.
(10)
In addition to the penalties hereinabove provided, the City may pursue the collection of any fees, service charges, fines, or costs to which it is entitled which remain unpaid for ninety (90) days or more, or refer the account to an attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to Florida Statutes ch. 559. In pursuing the collection of such unpaid financial obligations, the collection fee, including any reasonable attorney's fee, paid to any attorney or collection agent retained by the city may be added to the balance owed, in an amount not to exceed forty (40%) percent of the amount owed at the time the account is referred to the attorney or agents for collection.
(Code 1948, §§ 62.01, 101.02; Ord. of 6-1-1970, § 1; Ord. of 1-3-1977, § 1; Ord. of 10-11-1982, Doc. #17335; Ord. of 9-19-1983, Doc. #18057; Ord. of 3-16-1987, Doc. #21038; Ord. of 6-22-1992, Doc. #25821; Ord. of 9-25-1995, Doc. #28813; Ord. of 11-2-2009, § 1, Doc. #0911021101)
State law reference
Penalty for violation of ordinances, Florida Statutes § 165.19.
Cross reference
Commission of acts recognized as misdemeanor under state law, § 43.30.