§ 12-8. Penalties

(A)

Penalty for infraction. It is a civil infraction to violate any section of the part, excluding section 12-5. The civil penalty for such infraction is as follows:

(1)

First violation, fine of $50.00.

(2)

Second violation within six (6) months, fine of $100.00.

(3)

Third and subsequent violations within six (6) months, fine of $500.00 per violation.

Unless the violation is, by its nature, uncorrectable within a 24-hour period, each occurrence shall constitute a separate violation. Nothing in this ordinance shall prohibit the issuance of multiple citations during a single 24-hour period for the same noise source if the violation is correctable.

(B)

Issuance of citation. Any police officer who has probable cause to believe that a person has committed an act in violation of this part, may issue a citation therefore.

(C)

Options upon receiving citation. Any person issued a citation pursuant to this part may:

(1)

Pay the civil penalty, whether by mail or in person; or

(2)

Contest the citation in county court.

(D)

Electing to contest citation. Any person electing to contest the citation and choosing to appear in County court shall be deemed to have waived the limitations on the civil penalty specified in subsection "A" of this section. The court, after hearing, shall make a determination as to whether an infraction has been committed. If the commission of a violation has been proven, the court may impose a civil penalty not to exceed $500.00.

(E)

Refusal to sign citation. Any person who willfully refuses to sign the citation issued by the police officer is guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, 775.083, or 775.084. This violation shall be enforced by an officer of the police department.

(F)

Failure to pay fine. Any person who has not requested a hearing and who has not paid the fine specified in subsection (A) of this section within ten days is guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, 775.083, or 775.084. This violation may be enforced by an officer of the police department or by the issuance of a warrant through the court.

(G)

Court appearance. If any person fails to pay the civil penalty or fails to appear in court to contest the citation as required by subsection (C) of this section, the court may issue an order to show cause upon the request of the City. This order shall require such person to appear before the court to explain why action on the citation has not been taken. If any person, who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court.