§ 54-1. Adoption of state laws relating to misdemeanors.

(a)

It shall be unlawful to commit, within the city, any act which is or shall be recognized by the laws of the state as a misdemeanor, and the commission of such acts is hereby forbidden. Those acts set forth in F.S. Ch. 790, pertaining to or regulating guns, weapons, firearms, and ammunition shall be enforced pursuant to applicable state laws.

(b)

Whosoever shall violate the provisions of this section, upon conviction thereof, shall be punished by the same penalty as is therefor provided by the laws of the state, but in no case shall such punishment exceed a fine of $500.00 nor imprisonment for more than 60 days, or both such fine and imprisonment, in the discretion of the county judge.

(c)

Notwithstanding subsection (a), the following misdemeanors under state law are eligible for the issuance of a civil violation notice by a law enforcement officer provided that such violations are not charged in conjunction with any felony, driving under the influence, incident involving domestic violence or violent crime, as those terms are defined under state law:

(1)

Possession of cannabis in an amount of 20 grams or less, as set forth in F.S. § 893.13(6)(b), as such may be amended from time to time; and/or

(2)

Possession of drug paraphernalia, as set forth in F.S. §§ 893.146 and 893.147(1)(b), as such may be amended from time to time.

An individual issued a civil violation notice for a violation of subsection (c)(1) or (2) will be subject to the fine set forth in this section.

(3)

Penalties and enforcement.

a.

A person violating subsection (c)(1) or (2) shall receive a civil fine of $100.00.

b.

Enforcement. The police department shall enforce this section. This shall not preclude other law enforcement agencies from any action to assure compliance with this section and all applicable laws. If a police officer finds a violation of subsection (c)(1) or (2), the police officer is authorized to issue a notice of violation. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting in writing an administrative hearing before a special magistrate within ten days after service of the notice of violation, and that the failure to appeal the violation within ten days of service shall constitute an admission of the violation and a waiver of the right to a hearing.

c.

Rights of violators; payment of fine; right to appear; failure to pay civil fine or to appeal; appeals from decisions of the special magistrate.

1.

A violator who has been served with a notice of violation must elect to either:

(i)

Pay the civil fine in the manner indicated on the notice of violation; or

(ii)

Request in writing within ten days of the service of the notice of violation to have an administrative hearing before a special magistrate to appeal the notice of violation.

2.

The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in section 26-37 of the code.

3.

If the named violator, after issuance of the notice of violation, fails to pay the civil fine, or fails to timely request in writing an administrative hearing before a special magistrate, the special magistrate may be informed of such failure by report from the police officer. The failure of the named violator to appeal the violation within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special magistrate, and shall be treated as an admission of the violation for which fines and penalties shall be assessed accordingly.

(i)

A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. On or after the 61 ^st day following the recording of any such lien that remains unpaid, the city may foreclose or otherwise execute upon the lien.

(ii)

Any party aggrieved by a decision of a special magistrate may appeal that decision to a court of competent jurisdiction.

(iii)

The special magistrate shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a written request for an administrative hearing if the violator has failed to request in writing an administrative hearing within ten days of the service of the notice of violation.

(iv)

The special magistrate shall not have discretion to alter the penalties prescribed in subsection (3)a.

(Code 1979, § 20-1; Ord. No. 4368-11, § 3, 9-19-2011; Ord. No. 4590-15, § 1, 9-15-2015)