§ 94-4. Enforcement; penalties.

The provisions of this chapter may be enforced by the board of county commissioners by any of the following methods which shall not be mutually exclusive:

(1)

By the issuance of a citation pursuant to the provisions of F.S. Ch. 125 and 162, a person who wishes to contest a citation may do so in county court. Any person convicted of a violation pursuant to the exercise of citation authority is punishable by up to a $500.00 fine, per violation, and payment of court fees and costs.

(2)

Violations of this chapter may be prosecuted before the Brevard County special magistrate. Cases brought before the special magistrate shall proceed according to the rules set forth in chapter 2, article VI, division 2, Code of Ordinances of Brevard County, Florida. Violators shall be subject to the penalties imposed pursuant to F.S. Ch. 162, as amended from time to time. Violations brought before the special magistrate shall be treated as civil infractions with penalties not to exceed $500.00 per violation.

(3)

Violations of this chapter may be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished as provided in section 1-7, Code of Ordinances of Brevard County, Florida.

(4)

The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise, the imposition of civil fines or other administrative actions, including action pursuant to F.S. Ch. 162.

(5)

In addition, and in accordance with the Florida Litter Law (F.S. § 403.413), any person who dumps litter in excess of 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste is guilty of a felony of the third degree punishable as provided in F.S. Ch. 775.

(Code 1979, § 12-61; Ord. No. 08-42, § 3, 10-14-08)