§ 222-26. Prohibited generally.

(a)

No person, firm, company, corporation or association in Brevard County nor the managing agent of any person, firm, company, corporation or association in the county shall deposit or shall permit or allow any person or persons in their employ or under their control, management or direction to deposit in any of the waters of the lakes, rivers, harbors, streams, ditches and canals in the county, any rubbish, filth or poisonous or deleterious substance or substances in such quantity as is liable to affect the health of persons, fish or livestock, or any substance, material or thing in such quantity that the water is thereby rendered unfit for one or more of the beneficial uses for which such water was fit or suitable prior to the introduction of such substance, material or thing, or which renders unsanitary or unclean any bathing beach, or to place or deposit any such substance, material or thing in any place where the same may be washed or infiltered into any of the waters herein named.

(b)

No person, firm, company, corporation or association nor the managing agent of any person, firm, company, corporation or association in the county shall discharge or shall permit or allow any person or persons in their employ or under their control, management or direction to discharge into the air any smoke, vapor or gas in such quantity as is liable to affect the health of persons, birds, livestock or vegetation, or damage property, or any noisome odors or noxious gases in such quantity as to create a nuisance.

(c)

The board of county commissioners of Brevard County and the division of health of the state of Florida, jointly and severally, are hereby authorized and empowered to enforce the provisions of this section and any rules, regulations or criteria established by the state division of health to control air and water pollution, by injunction or other legal means.

(d)

Any person, firm, company, corporation or association or any agent, officer or employee who violates any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof in any court of competent jurisdiction shall be fined a sum of not more than $500.00. Each day that such violation is committed shall constitute a separate offense.

(Laws of Fla. ch. 59-1112, §§ 1—4)

Editor's note

The specific penalty provided for in the above act is unconstitutional and unenforceable as a special act may not prescribe punishment for crime. See Fla. Const. art. III, § 11. However, as the act makes a violation a misdemeanor, such violation is punishable as a misdemeanor of the second degree. See F.S. §§ 775.08—775.083; Delmonico v. State, § 155 So.2d 368 (Fla. 1963); Lynch v. Durrance, 77 So.2d 489 (Fla. 1955); Jannett v. Windham, 109 Fla. 129, 147 So. 296 (1933); reh. denied, 109 Fla. 129, 153 So. 784, aff'd. 290 U.S. 602.