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IN THE
COUNTY COURT, SIXTH JUDICIAL CIRCUIT IN AND
ADMINISTRATIVE
ORDER NO. 2003-027 PA/CTY RE: LOCAL ORDINANCE VIOLATIONSFISH AND WILDLIFE CONSERVATION COMMISSION VIOLATIONS UNIFORM FINE SCHEDULEIn order to provide for the orderly and uniform prosecution
of county and municipal ordinance violations in ORDERED: 1. a. An Indictment or Information b. Parking Tickets 2. The Citation/Notice to Appear shall be printed on NCR paper, which shall be coded
and distributed to the Clerk of Court, State Attorney, the issuing
Agency, the 3. The Fish and Wildlife Conservation Commission shall issue citations on the required state forms issued to the agency. 4. The attached Pasco County Court Uniform Fine Schedule, including court costs shall be the sole and exclusive schedule of penalties, including penalties for the uncontested disposition of local ordinance violations, and violations by he Fish and Wildlife Conservation Commission without the necessity of court appearance. The Court may authorize a greater or lesser penalty in any individual case. 5. Any person or entity cited for violation of the Fish and Wildlife Conservation Commission may: a. Elect not to contest the citation. The defendant who elects not to contest the citation may pay the civil penalty, either in mail or in person at the Clerk of Court within thirty (30) days of the date of receiving the citation; or if he or she has posted a bond, forfeit bond by not appearing at the designated time or location. b. Elect to contest the citation. The defendant electing to contest the citation shall appear in Court for the purpose of entering a plea of not guilty and scheduling a trial on the merits of the alleged violation. 6. Any person or entity cited for violation of a local code or ordinance may: a. Elect not to contest the citation. The defendant who elects not to contest the citation may plead guilty or no contest by signing the plea waiver form on the citation, and pay the applicable fine in full to the Clerk of Court within thirty (30) calendar days after issuance of the citation, unless the violation requires a mandatory court appearance; or b. Elect to contest the citation. The defendant electing to contest the citation shall appear in Court for the purpose of entering a plea of not guilty and scheduling a trial on the merits of the alleged violation. 7. If the defendant electing to contest the citation fails to issue a written plea of not guilty or fails to appear for the court appearance date, the presiding judge shall at that time issue a capias for the arrest of the defendant for noncompliance with instructions on the citation, dismiss the case or take any other action that the court deems appropriate. 8. The attached Instructions for Prosecuting
Local Ordinance Violations and Flow Chart shall govern the issuance
and prosecution of local ordinance and violations in the Pasco County
Court. In addition, a. May elect to establish by appropriate ordinance, resolution or rule its own internal policies and procedures governing the issuance and processing of violation citations insofar as the same do not conflict with the provisions of this order. b.
Shall authorize and designate an official prosecutor who shall
be a member of The Florida Bar in good standing and file the name
and signature of such person or persons with the Clerk of the Circuit
Court for 9. The State Attorney shall be responsible for calendaring all local ordinance violations. The State Attorney shall: a. Cause local ordinance violations to be placed on the Court’s calendar for simultaneous plea and trial. b. Transmit a copy of the Citation, together with the notification of trial date to the designated prosecutor. 10. All summons and notices of trial shall be for the purpose of please and trial and shall be issued not less than twenty-one (21) days prior to such trial date. 11. a.
Reproduce and distribute in booklet form the Instructions for
prosecuting Local Ordinance Violations and Uniform Fine Schedule to
b. Cause to be printed the Citation herein approved. This order shall apply to trials scheduled on or
after Administrative Orders PA-CTY-00-05 and PA-CTY-00-26 are hereby rescinded. DONE
AND ORDERED in Chambers at _____________________________ David A. Demers, Chief Judge cc: All Pasco Judges The Honorable Bernie McCabe, State Attorney The Honorable Robert H. Dillinger, Public Defender The
Honorable Jed Pittman, Clerk of Court, Betty Henderson, Assistant Court Services Director, Pasco County Clerk’s Office Robert
Sumner, Probation
and Parole, The
Honorable Bob White, Sheriff, New Port Richey Police Department J. William Lockhart, Courts Administrator Kerry
Lynn Rice, Deputy Court Administrator, Bar
Associations, Law
Libraries, Court
Reporters,
INSTRUCTIONS
FOR PROSECUTING LOCAL ORDINANCE VIOLATIONS IN The issuance of a Citation/Notice to Appear with the intent to dismiss upon compliance or correction is not permitted. Use all proper means short of issuance of a Citation/Notice to Appear to accomplish these purposes. Completing
the Citation
The Citation/Notice to Appear is on NCR paper and does not require carbon paper. However, in filling in the blanks you must type or print firmly enough to show on all copies.
Fill in every blank on the form. If it is not applicable to
the particular charge, write “N/A” in the blank. CITATION: The Citation/Notice to Appear serves as a multi-purpose form for charging persons
accused of a felony, to arrest warrants, and to non-criminal violations.
For the purpose of these instructions, we will only address the usage
of the form for non-criminal violations, including ordinance violations
and for misdemeanor offenses where there is no arrest and the Notice
to Appear section is used as the mechanism for citing a civil
penalty owing or notifying the alleged offender of a required court
date and time. BEFORE BEGINNING PROSECUTION: The issuance of a Citation/Notice to Appear with the intent to dismiss upon compliance or correction is not permitted. Use all proper means short of the issuance of a Citation/Notice to Appear to accomplish these purposes. COMPLETING THE CITATION: The Citation/Notice to Appear is on five-part NCR paper and does not require carbon paper. However, when completing, it is imperative that you write on hard surface and press firmly so that the defendant's copy is legible. Fill in every blank on the form except the case number. If it is not applicable to your particular charge, then write N/A in the blank. The certificate is certifying the signature of the law enforcement officer or complainant, not the signature of the defendant. This can be accomplished when the Citation/Notice to Appear is delivered to the agency. Explain to the defendant that he/she may plead guilty by signing the plea and waiver on the back of his/her copy of the Citation/Notice to Appear and forwarding same to the Clerk of the Circuit Court at the address indicated, with a cashier’s check or money order in the amount of the fine or he/she must appear in court on the day and time specified. If the defendant is charged with a violation that requires a mandatory court appearance, explain that the defendant must appear in court on the day and time specified. In the event the defendant refuses to accept his/her copy of the Citation/Notice to Appear or acknowledge same by signing where defendant's signature is specified, note such occurrence on the face of the Citation/Notice to Appear and leave the defendant's copy in his/her presence or in a conspicuous location on the premises. Also note on the face that you have left a copy of the Citation/Notice to Appear with the defendant. If you believe circumstances warrant a fine other than that provided by the fine schedule, you must obtain court approval prior to the issuance of the Citation/Notice to Appear. This is accomplished through contacting the Office of the State Attorney. FILING THE CITATION/NOTICE TO APPEAR: Within 48 hours after a copy of the Citation/Notice to Appear is given to the defendant, the Clerk and State Attorney’s copies of the Notice to Appear must be sent to the Clerk of the Circuit Court, Traffic Violations Bureau, at the West Pasco Judicial Center, 7530 Little Road, New Port Richey, FL 34654 or at the Pasco County Courthouse, 38053 Live Oak Avenue, Dade City, FL 33525 or, place in your agencies’ pick-up location for the Clerk's courier. Your prosecutor must acknowledge the original Citation/Notice to Appear in the area provided for such acknowledgment. If your prosecutor declines to do so, then he/she must write void across the original Citation/Notice to Appear. If a copy of the Citation/Notice to Appear has been provided to the defendant, the Clerk of the Circuit Court must be advised that the charge has been voided. This can be accomplished by forwarding a copy of the Citation/Notice to Appear to the Clerk. (Not applicable to police officer originated Notices to Appear). The additional copy of the Citation/Notice to Appear may be retained by the agency. It is recommended that the issuing officer’s department and the authorized prosecutor keep a copy of the Citation/Notice to Appear. PROSECUTING:
When the Citation/Notice to Appear is received in the Clerk's office, it is entered in the computer and assigned a case number. A copy is then sent to the State Attorney to calendar the case for appearance on the date you have listed on the Notice. If the defendant has not paid the fine prior to the hearing date and does not appear in Court, the State Attorney will notify the county or municipal prosecutor so they can be present to prosecute the case. The Prosecutor is responsible for adequately preparing the case for trial, including issuance of witness subpoenas and responding to all demands for discovery. All pre-trial motions shall be heard on the day of trial unless the defendant and the Prosecutor stipulate to the contrary. The original court files will be kept in the Clerk's office, Traffic Violations Bureau. Unless the Prosecutor requests differently, every defendant will be advised that jail is not a possible alternative in the event of conviction. Each city or other governmental unit must advise the Clerk’s office in the Traffic Violations Bureau of the name of its current authorized prosecutor or prosecutors. FISH AND WILDLIFE CONSERVATION COMMISSION CASES: All minor violations Class (IV) The Florida Fish and Wildlife Conservation Commission will issue citations on the required state form issued to the agency. Upon issuance, the form must be completed and defendant's signature must be obtained. In addition, the Instructions to Violator form (sample below) must be completed and a copy attached to the citation given to the defendant if the information is not available on the reverse side of the defendant's copy. The original is to be forwarded to the Clerk of Court, Traffic Violations Bureau. Insert amount of fine on the Instructions to Violator form and on upper right corner of Court copy of citation. ___________________________________ ______________________________________
INSTRUCTIONS TO VIOLATOR 1.
If you desire to plead guilty or no contest and not appear in Court,
you must pay a fine of $________including court costs, either in person
or by mail at one of the addresses listed below. If you pay
the fine you will be deemed to have admitted the civil infraction
and you must sign the Plea & Waiver below and enclose it with
your citation and payment. Cashiers checks or money orders are
to be made payable to Jed Pittman, Clerk of Circuit Court. Personal
checks will be accepted only in person with proper identification. ( ) Clerk
of Court, Room 204 OR (
) Clerk of Court, Room 207 2.
If you wish to plead not guilty and appear in court, you must enter
a written plea of not guilty either in person or by mail at the FAILURE TO
PAY THE FINE IN THE AMOUNT STATED ABOVE WITHIN THIRTY (30) DAYS OR
FAILURE TO APPEAR FOR COURT MAY RESULT IN A WARRANT BEING ISSUED FOR
YOUR ARREST. I HEREBY
CERTIFY that I received a copy ___________________________________________ VIOLATOR’S/DEFENDANT’S
SIGNATURE PLEA & WAIVER I understand the nature of the charge against me; I understand I am waiving my rights to be represented by an attorney, to request a continuance of my hearing and my right to a trial before a judge or a jury. I plead ______ Guilty ______ No Contest Defendant_____________________________________________________________________ Date__________________________________________________________________________ Address _______________________________________________________________________ ______________________________________________________________________________ MOST IMPORTANT--DATE FOR MANDATORY COURT APPEARANCE-- At the time the citation is written, schedule the hearing at one of the locations listed below on the first available date not less than 30 days from the date of the citation in accordance with the calendar provided by the court. OR Any person cited for a violation by the Florida Fish and Wildlife Conservation Commission may elect to enter a written plea of guilty or no contest and pay a civil penalty, to satisfy a Class IV offense without the necessity of a court appearance. Since court schedules are subject to change, please refer to recent memoranda and directives for valid court dates. Click here for the Chart Attachment
UNIFORM FINE SCHEDULE ADVERTISING & SIGNS: Erecting or maintaining sign in waterway (IV) Erecting or maintaining a prohibited sign (IV) Distributing commercial circulars, handbills (I) Handbills, distribution generally (V) Handbills, distribution in public places (V) Handbills, in or on automobiles or other vehicles (V) Handbills, on vacant premises (V) Handbills, distributing where requested not to do so or posted by signs (V) Violations of adult sign requirements (I) All other violations of sign requirements (IV) Failure to renew annual billboard permit (I) All other billboard violations (VI) ALCOHOLIC BEVERAGES: Unlawful sale of beer and wine (I) Doing business in violation of closing hours (I) Premises to be closed during certain hours (I) Hours of sale (I) Persons permitted on the premises after closing (V) Indecent exposure at commercial establishment (VI) Possession, consumption of alcoholic beverages on public property (IV) AMUSEMENTS AND ENTERTAINMENT: Failure to obtain required permits for outdoor festival (VI) Failure to follow permit conditions (VI) Failure to post bond (VI) Failure to obtain and/or maintain insurance (VI) Finances; performers; fees; county indemnity from damages; bonds (VI) ANIMAL CONTROL & FOWL: Interference with Animal Control Officer (I) Cruelty to Animals (I) Humane Treatment (I) Abandonment (I) Disposal of Dead Animals (I) Animals in parks and on beaches (II) Vicious or aggressive animals (I) Dangerous dogs (I) Ownership of wild animals (IV) Rabies vaccination of dogs and cats (III) Rabies vaccination of other animal species (IV) Reporting animal bites (IV) Surrender of animal for quarantine or destruction (I) Killing or removal of rabid animal from county prohibited (I) Surrender of carcass of rabid animal (I) Failure to obtain license tags for cats and dogs (III) Running at large prohibited; Impounding of dogs and pot bellied pigs (IV) Dogs, pot bellied pigs and other animals constituting a nuisance prohibited (III) Sterilization of cats and dogs upon adoption (III) Kennel maintenance and inspection (II) Health requirements when transported or offered for sale (II) Registration (III) Records required for selling dogs (III) City designated bird sanctuary (I) Keeping livestock, fowl regulated (I) Sanitary conditions (V) Limitation on number of cats and dogs in households (V) BOATS & WATERWAYS: Reckless or careless operation of vessel (V) Excessive speed by vessel (V) Speed limits (II) Violation of water-skiing regulations (V) Age of operations violation (V) Violation of traffic rules (V) Junked, wrecked, abandoned, or derelict property (IV) Obstruction of watercourse (II) Violation of speed limits (II) Blocking of waterways (II) Water skies and aquaplanes (V) Sailboats and rowboats (V) Adoption of state safety law (V) Traffic rules (V) License and operational compliance (V) U. S. Coast Guard regulations (V) Restricted areas (V) Airboats prohibited on certain lakes (V) Improper mooring (V) Hours for running engines in residential districts (V) Wake control; designation of “no wake” areas (V) Authority to board and impound vessel (V) Muffling and noise devices (V) Vessels to observe health and conduct rules (V) Cleanliness of docks (V) Penalties (V) Bathing and swimming in certain lakes (V) BUSINESS REGULATIONS: Collection vehicles and equipment (V) Curbside Recycling Service (V) Garage sales, permit required (V) ADULT USE REGULATIONS: General requirements (V) Operation of adult use without valid adult use license (V) Prohibited adult use operations (V) Allowing employee to engage in prohibited acts (V) Advertising prohibited activity (V) Minors prohibited (V) Working at establishment which does not have valid adult entertainment (V) Records for employees (V) Engaging in prohibited activity (V) Touching of employee by person (V) Exceeding occupancy limit of adult booth (V) Use of restrooms or dressing room (V) Hours of operation (V) Alteration of license permit (V) False statement or false information in applying for license (V) Alcoholic beverages (V) CONSUMER PROTECTION: CABLE COMMUNICATONS: Franchise required (VI) ELECTIONS: Violations (V) EMERGENCY SERVICES: Certificate of public convenience and necessity required (VI) Failure to maintain liability insurance (I) FIRE PREVENTION AND PROTECTION: Certificate of occupancy required (II) Failure to maintain hydrant (VI) GARBAGE AND REFUSE: Burying or burning garbage, trash, vegetation (I) Depositing garbage and trash in city (III) Motor vehicles for collection of garbage or trash (I) Hauling of certain garbage prohibited (I) Placement of waste for collection (I) Duties of collector, customer (I) Collection hours and days (I) Penalty (I) HEALTH AND SANITATION: Storage of garbage and refuse (III) Unlawful accumulation (I) Accumulation of certain materials under certain conditions (I) Stormwater discharges to the MS4 and Stormwater discharges from industrial activities and construction sites (V) Control of pollutant contributions from interconnected MS4’s (V) Control of non-stormwater discharges (V) Reporting illicit discharges or illicit connections (V) Control of illicit discharges or illicit connections (V) OFFENSES AND MISCELLANEOUS PROVISIONS: Excessive noise levels prohibited (I) Unlawful creation of noise at night (I) Unnecessary noises prohibited (I) Street name and numbering – compliance required; display of numbers required (VI) Damaging or removing city property (V) PEDDLERS AND SOLICITORS: Failure to obtain the required permit (I) Failure to display permit (V) Home solicitation sales (I) Unlawful acts (V) Effect of no soliciting signs (V) Charitable roadway solicitation – permit, requirements, prohibitions (I) Charitable roadway solicitation – additional requirements and prohibitions (V) Solicitation of funds from persons in motor vehicles in certain locations (I) PRIVATE COLLE Collection vehicles and equipment (V) Curbside Recycling Service (V) TITLE LOANS: All violations (VI) LAND DEVELOPMENT REGULATIONS: CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL: Failure to obtain required facility permit (VI) Failure to comply with conditions of permit approval (VI) Failure to provide or maintain required financial responsibility (VI) Disposal of non-construction and demolition debris (VI) Failure to file annual report (VII) Failure to pay required fees (VII) DEVELOPMENT: Failure to obtain a permit (VI) Failure to follow permit conditions (VI) MINING: Failure to obtain required permit (VI) Failure to comply with conditions of permit approval (VI) Failure to provide or maintain required financial responsibility (VI) Failure to pay required fees (VII) Failure to follow permit conditions (VI) RIGHT-OF-WAY USE PERMIT: Failure to obtain required permit (III) Failure to restore property (VII) SHORT-TERM RENTALS: Failure to register (I) Failure to comply with requirements of operation – all violations (IV) SIGNS: Failure to obtain required permit (II) SUPPLEMENTAL REGULATIONS: Failure to protect uncontrolled access to swimming pools (VII) Failure to properly park or store trailers, recreational vehicles and recreational equipment on private property (III) Obstruction of clear-sight triangle requirements -Corner lot roadway obstruction (II) General storage of trash and junk (III) Temporary use permit required for tents, carnivals, revivals, etc (II) Violations of temporary use permit (II) Violations relating to junkyards (VII) Junkyards, motor vehicle wrecking yards – fence required (VI) Junkyards, Motor vehicle wrecking yards – maintenance (VI) Improper fence installation on waterfront property (III) Violations related to fences and walls (III) Improper parking of trucks, truck tractors, and certain commercial vehicles in certain residential districts (III) TREE REMOVAL AND PROTECTION: Failure to obtain required permit (VI) Failure to post permit (V) Failure to perform permit conditions (VI) All other violations (VII) WASTE DISPOSAL AND LAND SPREADING: Failure to obtain required permit (VI) Failure to comply with conditions of permit approval (VI) Violations of general prohibitions (VI) ZONING: Unauthorized uses in a zoning district (II) Alteration, extension, expansion, change or restoration of a nonconforming use without proper approvals or beyond allowed limits (VI) MINORS: Prohibited in public places, second violation (IV) Responsibility of parents, penalty for violation, second violation (IV) Curfew (IV) NATURAL RESOURCES: Irrigation during restricted days (V) Unnecessary washing or cleaning of streets, driveways, sidewalks, or other impervious areas (V) PARKS & RECREATIONS: PARK RULES VIOLATIONS: Violations of park rules Littering prohibited (V) Performing prohibited acts in parks (V) Performing acts which require special permission without first obtaining such permission (IV) Removal from parks upon request of authorized personnel (V) Interference with county officers and employees (V) Meetings and group activities prohibited (IV) Tampering with park property (V) Tampering with natural objects (V) Tampering with plants (V) Climbing on park property (V) Responsibility for children (V) Picnicking, not in designated areas (V) Fires, igniting not in designated areas (V) Animals, molesting, harming, etc. (V) Swimming, not in designated areas (V) Beach shelters, erecting, maintaining (V) Washing in swimming areas (V) Watercraft, operating not in designated areas (V) Fishing, where swimming and bathing permitted (V) Commercial fishing (V) Hunting; weapons (IV) Firearms, possession and discharge without authorization (IV) Fireworks, possession, exploding, discharge without authorization (IV) Camping, not in designated areas (V) Alcoholic beverages (IV) Peddling, prohibited (IV) Posting handbills, advertising (IV) Polluting waters (V) Refuse, trash disposal (V) Closing times for Vending within city parks (V) PARK TRAFFIC: Interfering with traffic (V) Authority to direct traffic, compliance required (V) Manner of Operation (V) Speed limits (V) Restricted areas (V) Parking on roadway (V) Parking in designated areas (V) Bicycles (V) ROAD AND BRIDGES: Commercial use of public rights-of-way prohibited (VI) Numbering of buildings required (VI) SOLID WASTE: Dumping on right-of-way or public property prohibited (I) Unlawful disposal of solid waste prohibited (I) Dumping on private or public property prohibited; accumulation of solid waste on private property prohibited (I) Flow control (I) Collection vehicles and equipment (V) Curbside recycling service (V) Unlawful acts (I) TAXATION: Failure to obtain required permit (III) Failure to display license (III) Term of license, delinquency (III) Application for, issuance and display of license (III) TRAFFIC AND VEHICLES: Identification of commercial vehicles required (III) Trucks and commercial vehicles on certain streets (V) Permit required for moving oversized or overweight loads (VII) Storage of abandoned motor vehicles prohibited (III) Obstructing mufflers (V) Storage of abandoned, junked, dismantled vehicles on property prohibited (III) Notice of removal of certain motor vehicles (III) Removal of certain motor vehicles (III) Violation; penalty (III) Overnight parking of certain trucks in residential areas (III) UTILITIES: Access to premises supplied with water required (IV) Connections to county water system; violation of regulations (III) Meter required prior to connection with county (III) Unauthorized discharge to county sewer system prohibited (VI) Required water conservation measures (V) MISCELLANEOUS
ORDINANCE, WILDLIFE CONSERVATION COMMISSION VIOLATIONS: All zoning violations not herein specifically provided shall be deemed to be Class III offenses. All violations not herein specifically provided shall be deemed to be Class IV offenses. Fines shall be doubled for a second offense and for each subsequent offense thereafter. PASCO COUNTY UNIFORM FINE SCHEDULE FINE COSTS* TOTAL CLASS I $155.00 $10.00 $165.00 CLASS II 130.00 10.00 140.00 CLASS III 80.00 10.00 90.00 CLASS IV 55.00 10.00 65.00 CLASS V 30.00 10.00 40.00 Class VI 500.00 10.00 510.00 Class VII 250.00 10.00 260.00 *COSTS INCLUDE: ORDINANCE VIOLATIONS WITH CORRESPONDING
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