§ 4.075. Enforcement.  


Latest version.
  • (a)

    This article shall be enforced by the county sheriff's office, based upon a reasonable belief that a violation of this article exists. A reasonable belief shall be deemed to exist when the facts and circumstances within an officer's knowledge and of which he had reasonably trustworthy information are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed.

    (b)

    Civil citations. A civil citation issued pursuant to this section must include the following information:

    (1)

    The date and time of issuance.

    (2)

    The name and address of the person to whom it is issued.

    (3)

    The date and time the violation was committed.

    (4)

    The facts constituting reasonable cause (i.e., witnessing the operation of a UAS within the restricted area described in section 4.072).

    (5)

    The section of this article being violated.

    (6)

    The name of the law enforcement official issuing the citation.

    (7)

    The procedure to follow to pay or to contest the citation, including the date by which such citation must be paid or contested. Under no circumstances shall this date be more than 30 days after the date the citation is issued.

    (8)

    The civil penalty imposed if the person contests the citation.

    (9)

    The civil penalty imposed if the person does not contest the citation.

    (10)

    A statement that if the person fails to pay or contest the citation within the time allowed, the person has waived his or her right to contest the citation and a judgment may be entered against the person for an amount up to the maximum civil penalty.

    (c)

    Any person who willfully refuses to sign and accept a citation issued by a law enforcement officer pursuant to this section shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or § 775.083.

    (d)

    Misdemeanors.

    (1)

    In the event a person has received three prior civil citations within a five-year period, the fourth violation and any additional violations within a five-year period shall be prosecuted as misdemeanors pursuant to F.S. § 125.69.

    (e)

    The county reserves its right to enforce this article by any other lawful means, including but not limited to pursuing the issuance of an injunction by a court of competent jurisdiction.

(Ord. No. 2017-07 , § 2, 4-17-2017)