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 Port Orange
 Code of Ordinances
 Chapter 1. GENERAL PROVISIONS

  § 1-8. General penalty; assessments for law enforcement education; continuing violations.  

Latest version.

  • (a)

    Whenever in this Code or any ordinance any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in such Code or any ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or an ordinance shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment in the discretion of the judge trying the case. Each day any violation of any provision of this Code or any ordinance shall continue shall constitute a separate offense.

    (b)

    In addition to any fine or other penalty, there is hereby assessed by the city, in compliance with F.S. § 938.01, $3.00 as a court costs against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal ordinance, where the offense occurred within the city limits. Any person whose adjudication is withheld pursuant to the provisions of F.S. § 318.14(9) or (10), shall also be assessed such cost. In addition, $3.00 shall be deducted from every bond estreature or forfeited bail bond related to violation of such penal statutes or penal ordinances. However, no such assessment shall be made against any person convicted for a violation of any state statute or municipal ordinance relating to the parking of vehicles. This assessment shall be collected by the appropriate court and shall be remitted to the city and earmarked for law enforcement education and training for members of the police department of the city.

    (c)

    In addition to the costs provided for in subsection (b) of this section, there is hereby assessed by the city, in compliance with F.S. § 938.15, an additional $2.00 as a court cost for expenditures for criminal justice education degree programs and training courses, including basic recruit training, for the police officers and police department support personnel of the city.

    (d)

    In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance shall be deemed a public nuisance and may be abated by the city as provided by law.

(Code 1981, § 1-8; Ord. No. 1998-57, § 1, 10-6-98)

State law reference

Exercise of power of eminent domain to abate nuisance, § 166.411(7); fines and forfeitures in county court payable to municipality, F.S. § 34.191; punishment for misdemeanors, F.S. §§ 775.082, 775.083.