§ 18-103. Penalties.  


Latest version.
  • (a)

    Any violation of the provisions and/or regulations set forth in this article shall be subject to a fine in the amount of twenty-five dollars and zero cents ($25.00) for any first violation, fifty dollars and zero cents ($50.00) for any second violation, and one hundred dollars and zero cents ($100.00) for any third and subsequent violations.

    (b)

    Beginning on the date a "notice of violation" is issued by a law enforcement officer, the person cited for any such violation of this article shall have thirty (30) calendar days to pay any and all fines resulting from such violation(s) of this article. For purposes of this section, "calendar day" means each and every day in a calendar month; however, if the thirty (30) calendar-day period expires on a Saturday, Sunday or state holiday, then the period shall be tolled until the first calendar day thereafter that is not a Saturday, Sunday or state holiday. The "notice of violation" shall contain directions as to the procedure for paying the fine and/or obtaining a court hearing to contest the violation.

    (c)

    If the person receiving a notice of violation chooses to dispute and/or contest such violation, the person must contact the Clerk of the County Court within the thirty (30) calendar-day period (as described in this section) and request a court hearing in order to judicially determine whether such violation exists. If, as a result of such court hearing and/or proceeding, the violation is found to have occurred, the person requesting such court hearing may be subject to any and all costs and/or fees associated therewith.

    (d)

    If the violator fails to pay the fine and/or contact the Clerk of the County Court within the thirty (30) calendar-day period (as described in this section), the police department is hereby authorized to deliver the violation to the Clerk of the County Court for formal prosecution.

    (e)

    Any fine that may be assessed in the enforcement of the provisions of this article may be waived for extraordinary and/or extenuating circumstances as determined by the Chief of Police for the City of Winter Haven or his or her designee. A copy of the "notice of violation" and a written explanation of the reason(s) for the waiver shall be filed with the official records of the City Clerk within twenty-four (24) hours after the granting of such waiver.

(Ord. No. O-12-21, § 4, 5-29-12)