South Daytona |
Code of Ordinances |
Chapter 10. OFFENSES AND MISCELLANEOUS PROVISIONS |
Article I. IN GENERAL |
§ 10-1.2. City citation.
(a)
Certain Code violations shall be issued a city citation that provides the violator with the option of contesting the violation or paying the fine. The specific Code violations that can be enforced through this procedure, the fine amount and the time period to pay the fine or request a special magistrate hearing to contest the citation shall be established by resolution. In the event the person issued the city citation does not pay the fine amount within the required time, it shall be presumed that the violator waives the right to a hearing to contest the citation and shall be deemed to be in violation and the fine amount, including all late fees, shall be levied. In the event a violator elects to contest the violation and the special magistrate finds a violation, the special magistrate shall have the right to levy the maximum fine allowed under the law without regard to the fine amount set forth in the city citation.
(b)
A city citation issued by a law enforcement officer shall contain identifying information of the person issued the citation; the city regulation(s) alleged to have been violated; a description of the facts that constitute the basis of issuing the citation; the amount of the fine; the time within which the fine must be paid and where the fine can be paid; that the city citation can be challenged with the special magistrate; that the special magistrate can levy a fine up to two hundred fifty dollars ($250.00) for first-time violations and five hundred dollars ($500.00) for repeat violations if citation is contested and found guilty; and that if the fine is not paid or a special magistrate hearing requested, the right to contest the citation before the special magistrate is waived, a violation will be deemed to exist with a fine levied, plus all applicable late fees.
(Ord. No. 11-07, § 1, 6-14-11; Ord. No. 17-05 , § 2, 6-13-17; Ord. No. 17-12 , § 1, 11-14-17)