2003-R-11
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RESOLUTION NO. 2003-R-ll
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, ESTABLISHING A
CLASSIFICATION OF VIOLATIONS AND A SCHEDULE OF
CIVIL FINES, PENAL TIES AND/OR COSTS PURSUANT TO
SECTION 21-121.05 OF ARTICLE X (CODE COMPLIANCE
PROCESS), CHAPTER 21 (LAND DEVELOPMENT CODE)
OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER,
FLORIDA; REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater has adopted Ordinance No. 2003-0-16 which enacted a new
Article X (Code Compliance Process) of Chapter 21 (Land Development Code).
2. Section 21-121.05 provides for the establishment of the classification of violations
and a schedule of corresponding civil fines, penalties and/or costs for violation of the City of
Edgewater's Code of Ordinances.
3. With an October 1,2003 effective date of Ordinance No. 2003-0-16, it is necessary
for the Council to adopt the applicable schedule of civil fines, penalties and/or costs.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
Establishing the Classification of Violations and Schedule of Civil Fines,
Penalties and/or Costs pursuant to Section 21-121.05, Article X (Code
Compliance Process) of Chapter 21 (Land Development Code)
Pursuant to Article X (Code Compliance Process) of Chapter 21 (Land Development Code),
Section 21-121.05 (Classification of Violations and a Schedule of Civil Fines, Penalties and/or
Costs), as set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby
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established.
Section 2. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 3. This resolution shall take effect upon adoption.
After Motion by Councilman Hammond and Second by Councilwoman Lichter, the vote on
this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
PASSED AND DULY ADOPTED this 7th day of July, 2003.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Ladner
CITY COUNCIL OF THE
CITY QJQEDGEWATER, FLORIDA
By onaly� �>�
Donald A. Schmidt
Mayor
Robin L. Matusick-
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at ameeting held on this 7th day of
July, 2003 under Agenda Item No. 6C.
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EXHIBIT" A"
CITY OF EDGEW ATER CODE COMPLIANCE PROCESS
CLASSIFICATION OF VIOLATIONS AND CIVIL FINES,
SCHEDULE OF CIVIL FINES, PENAL TIES AND/OR COSTS
Pursuant to Section 21-121.05 (Classification of Violations and a Schedule of Civil Fines, Penalties
and/or Costs) of Article X (Code Compliance Process), Chapter 21 (Land Development Code), the
following is hereby established:
Classification of Violations and Civil Fines
The following classifications of violations and corresponding civil fines shall be as follows:
Classification
Class I
Class II
Class III
Class IV
First Offense Each Repeat Offense
$ 53.00 $ 108.00
$ 108.00 $ 253.00
$ 253.00 $ 450.00
Mandatory Court Appearance
Schedule of Civil Fines
Any violation of any of the following provisions shall be classified and shall carry the
corresponding civil fine prescribed in section 21-121.05. Any offense that is not specified shall be
classified as a Class I offense and shall result in the applicable civil fine thereto.
I Table I I
I Code of Ordinances I
Chapter Statutory Title Classification/ Issuing
and/or Reference Fines Authoritv
Section and Costs
Chapter 3 Advertising Signs I
Chapter 4 Alcoholic Beverages, I
except
4-2 S562.l4 Sale only from licensed $108.00 PD
premises (Unlawful sale of
alcoholic beverages)
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4-4 S877.03 Improper conduct upon $108.00 PD
S856.0 11 licensed premises
(Disorderly conduct)
4-5 S562.14 Hours of sale (Alcoholic $153.00 PD
beverages)
4-8 Closing restrictions $108.00 PD
4-9 Set-ups $108.00 PD
4-10 Consumption in public $53.00 PD
places
4-11(a) Possession of open $108.00 PD
containers in a public place
4-11(b) S316.1936 Possession of open $108.00 PD
containers in vehicle
Chapter 5 Animals and Fowl, except I
Category I Offenses:
First Offense $253.00 ACO/PD
Second or Mand Court
subsequent
offense
5-4 Interfering with Animal $253.00 ACO/PD
Control Officer
5-18 S828.08 Poisoning or Trapping of $253.00 ACO/PD
Animals
5-19 ~828.12 Cruelty to Animals $253.00 ACO/PD
S828.13
5-60 Dangerous Dogs $253.00 ACO/PD
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Category II Offenses:
First Offense $53.00 ACO/PD
Second Offense $108.00
Third or IV /Mand Court
subsequent
offense IV /Mand Court
* * Unprovoked
biting,
attacking or
wounding of a IV /Mand Court
domestic animal
* * Destruction or
loss of
property
5-7 City designated as bird
sanctuary
5-8 Animals prohibited
5-9 Keeping bees prohibited
5-10 Feeding of wildlife
prohibited
5-11 Wildlife hybrids prohibited
5-12 Animals defecating on
public or private property
prohibited
5-13 Animals prohibited in
parks and on beaches
5-14 Running at large
prohibited
5-15 Animal under restraint
5-16 Restraint of guard dogs
5-17 Public nuisances animals
prohibited**
5-20 Female animals in heat
5-20.1 Attempting to breed
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5-21 Disposition of dead
animals
5-22 Animals transported in
vehicles
5-23 Duties of driver when
vehicle strikes animal
5-24 Dogs and cats transported
or offered for sale or gift
5-30 Vaccinations of dogs and
cats
5-31 License required
5-33 License tag and rabies tag
to be attached to collar or
harness of animal
5-36 Breeding and kennels
5-50 Animals infected with
rabies; reporting
requirements
5-52 Surrender of animal for
quarantine or destruction
5-53 Killing or removal of rabid
animal
5-54 Surrender of carcass of
rabid animal
Chapter 6 Boats, Docks and I
Waterways, except
6-4 Storing or leaving $56.00 PD
watercraft, prohibited
6-10 S328.46 Operation of registered $56.00 PD
vessels
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6-11 ~328.48 Vessel registration, $56.00 PD
application, certificate,
number, decal, duplicate
certificate (display of
number & possession of
registration; display of
decal; display of number)
6-12 ~328.52 Special manufactures' and $56.00 PD
dealers numbers
6-13 ~328.54 Federal numbering system $56.00 PD
6-14 ~328.60 Military personnel; $56.00 PD
registration; penalties
6-15 ~328.72 Classification; registration; $56.00 PD
fees & charges; surcharge;
disposition of fees; marine
turtle stickers
6-20 ~370.12(2) Manatee Zones $63.00 PD
6-21 ~327.22 Regulation of vessels by $63.00 PD
municipalities or counties
6-22 ~327.33 Reckless or careless $63.00 PD
operation of vessel
6-23 ~327.37 Water skis, parasails, and $63.00 PD
aquaplanes regulated
6-24 ~327.29 Personal watercraft $63.00 PD
regulated
6-25 ~327.395 Boating safety $63.00 PD
identification cards
6-26 ~327.44 Interference with $63.00 PD
navigation
6-27 ~327.46 Restricted areas $63.00 PD
6-28 ~327.48 Regattas, races, marine $63.00 PD
parades, tournaments, or
exhibitions
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6-29 9327.50 V esse! safety regulations; $63.00 PD
equipment & lighting
requirements
6-30 9327.52 Maximum loading & $63.00 PD
horsepower
6-31 S327.53 Marine sanitation $63.00 PD
6-32 S327.60 Local regulations; $63.00 PD
limitations
6-33 S327.65 Muffling devices $63.00 PD
Chapter 7 Building and I Or twice the
Construction, Fire amount of the
Safety, except building
permit fee,
whichever is
greater
Sections within the code II
that identify a specific
penalty which may be
greater than fine
Chapter 10 Health and Sanitation I
10-8 Abandoned airtight $108.00 PD
containers
ARTICLE II. Noise Pursuant to Sec. PD
10-28 Penalties
10- 22 General restrictions
10-23 Specific noises prohibited
10-41 S403.413 Littering $53.00 PD
Chapter 11 Occupational Licenses, II
Taxes and Regulations
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11-2 License required; issuance $108.00 PD
(Doing business without
occupationa11icense)
11-27 9538.04 Pawnbrokers, secondhand $253.00 PD
dealers - Records of
transactions of
pawnbrokers
11-63 Registration - Required $153.00 PD
(Peddlers/ so Ii ci tors/i tinera
nt merchants, permit
required)
11-68 Loud noises and speaking $153.00 PD
devices (Sale by use of
vehicle/noise in right-of-
way)
Chapter 12 Offenses and I
Miscellaneous Provisions
12-2 9800.03 Display of genitals, $253.00 PD
women's breasts,
prohibited at certain
commercial establishments
(SexualconducUexposure
in alcoholic beverage
establishments)
12-4 9790.15 Discharge of firearms, $108.00 PD
weapons
12-77 9800.03 Prohibited activities $108.00 PD
(Exposure of breast in
public place)
Chapter Parks and Recreation I
12.5
Chapter 15 Streets and Sidewalks I
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15-2 9316.2035 Display or storage of goods $108.00 PD
9316.2045 restricted (Obstructing
street or sidewalk)
15-5 Excavations in streets - II
Permit required
Chapter 17 Traffic, except $44.00 PD
17-35 9316.194 Stopping, standing or $44.00 PD
parking outside of
municipality
17-36 9316.194(1) Parking on highway $44.00 PD
17-37 9316.1945 Stopping, standing, or $44.00 PD
parking prohibited in
specified places
17-38 9316.1945(1 ) Double Parking $44.00 PD
17-39 9316.1945(3) Parking within an $44.00 PD
intersection
17-40 9316.1945(10) Parking where official $44.00 PD
traffic control device
prohibits
1 7-41 9316.195 Additional parking $44.00 PD
regulations; improper
parking one/two way
road/angle
17 -42 9316.1955 Handicap parking $100.00 PD
9316.1957
9316.1958
9316.1959
1 7 -4 3 9316.1965 Parking near rural mailbox $44.00 PD
during certain hours;
penalties
1 7-44 9316.2025 Following fire apparatus $44.00 PD
9316.1945 prohibited; parking in
fire lane
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Chapter 19 Utilities and Services, I
except
19-2 Unlawful connections III
19-24 Tampering with meters, II
tap, etc., unlawful
19-32 Unauthorized connections III
prohibited
19-69 Builders, building II
contractors and privately
employed tree trimmers
and tree surgeons
19-70 Transporting and disposing II
of garbage and trash
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19-81
19-82
19-124
19-125
19-129
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The Sections listed below
relating to misuse of
potable, well or
reclaimed/reuse water by
any person who does not
contest a citation shall be
fined the following:
1 5t Offense Warning Notice
2nd Offense $100.00
3rd Offense $150.00 fine
with
disconnection
of reclaimed
water services
which requires
a $25.00 re-
connection fee,
for a total of
$175.00
4th Offense $475.00 fine
with
disconnection
of reclaimed
water services
which requires
a $25.00 re-
connection fee,
for a total of
$500.00
Continued abuse:
$500.00 per violation
Levels of water
conservation and water
shortage (Violation of
watering times)
General restrictions on
water use
Required use of reclaimed
water system
Limitations on use of
reclaimed water
Prohibited activities and
biennial inspections
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Chapter Vehicles for Hire I
19.5
19.5-6 Occupational licenses II
required for business
19.5-12 Public liability insurance II
required
19.5.28 Issuance and contents of $108.00 PD
permits
Chapter 21 Land Development Code
Article III Permitted, Conditional, I
Accessory and Prohibited
Uses, except
21-37.01 Code specific
thru
21-37.08
Article IV Resource Protection I
Standards, except
21-41.03 Permit required (Wetland III
alteration)
Article V Site Design Criteria I
21-53.02 Stormwater Management II
Requirements, Permit
Authority
21-55.02 Tree Protection II
Requirements, Tree
Removal Permit required
21-56.04 Weeds, Grass and Brush; I
thru 21- Standards for Property
56.06 Maintenance
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Article VI Sign Regulations I
Article IX Applications Procedure I
21-102 Mining Permits Only III
Article X Code Compliance I
Process
Article XII Telecommunication I
Towers
Article XIII Subdivisions I
Article XIV Historic Preservation II
Article XVI Fire and Hazard I
Prevention
Cap for Civil Fines
A fine shall not accrue in an amount over five thousand and noll 00 ($5,000.00). Once a fine reaches
the amount ofthe cap, the City may take the following actions:
1) file a civil suit against the property owner(s);
2) place a lien against the property; or
3) cure/correct the violation and then place a lien on the property.
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