Sec. 388.409. - Citations; Form and service of citation.

Whenever a law enforcement officer with reasonable cause to believe that a vessel on the waters of the county is in violation of this Part, after notification of violation and after the time period for the opportunity for the violator to correct the violation, if required, and has lapsed, and after an opportunity to demonstrate proof that the vessel has not exceeded the limitations on anchoring has expired (as described in Section 388.407 ), such officer has the authority to issue a citation consistent with this Part, as follows: (a) A citation issued pursuant to this Part shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued; (3) The date and time of the violation; (4) The number or Section of the Ordinance Code which has been violated; (5) A description of the vessel, to include: the registration number of the vessel; the name of the title owner of the vessel (if known); Hull identification number; the general description of the vessel including, make, model, color and length; and the name of the vessel (if known); (6) The location of the violation, to include: a general physical description and the identity of the Anchoring Limitation Area; (7) Facts constituting reasonable cause to believe the violation has occurred or is occurring. (8) The name and agency authority of the Officer issuing the citation; (9) The procedure for the person to follow in order to pay the civil penalty or to contest the citation, which may include a reference to the Jacksonville.gov webpage that contains such information. (10) The applicable civil penalty if the person elects to contest the citation, and the applicable civil penalty if the person elects not to contest the citation. (11) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he or she shall be deemed to have waived the right to contest the citation and that, in such case, judgement may be entered against the person for an amount up to the maximum civil penalty. (12) A conspicuous statement that the vessel owner or operator is directed to remove the vessel from the Anchoring Limitation Area within 12 hours of effective service of the citation. The statement shall include the warning that the vessel may be impounded by law enforcement pursuant to Section 399.411, Ordinance Code, and F.S. § 327.4108(6)(c), if the vessel is not removed from the Anchoring Limitation Area after being served the directive to do so by a law enforcement, or if the vessel is moved it is anchored in violation of Part 4 of Chapter 388 within 12 hours after being issued the citation. (13) A conspicuous statement that in addition to any penalties under law, the City may recover from the owner, operator, or other person legally responsible for the vessel, for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of this Part. (b) If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, service of a citation shall be effectuated upon such person by: (1) Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, citations may be provided by certified mail to the registered agent of the corporation. If a citation sent by certified mail is not signed as received within 15 days after the postmarked date of mailing, the citation may be posted in a weatherproof covering in a conspicuous location upon the vessel; (2) Hand delivery by the sheriff or other law enforcement officer; (3) Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the citation at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the citation; or (4) In the case of commercial premises, leaving the citation with the manager or other person in charge. (c) Within five days after issuing a citation, the issuing officer shall deposit the original and one copy of the citation with the County Court and shall transmit a copy of the citation to the Director of the Parks, Recreation & Community Services Department, or designee. (d) Upon the issuance of a citation, or as soon as practicable, law enforcement may post to the vessel a directive to remove the vessel. Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. There is reasonable cause to believe that this vessel, to wit: (describe the vessel) is in violation of Section 388.405 , Ordinance Code, and is unlawfully anchored for more than 45 consecutive days in any 6-month period in an Anchoring Limitation Area established pursuant to Chapter 388 , Part 4, Ordinance Code, to wit: (setting forth brief description of location and dates of known anchoring). A citation has been issued. THE OWNER, OPERATOR, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE VESSEL ARE DIRECTED TO REMOVE THE VESSEL FROM THE ANCHORING LIMITATION AREA WITHIN 12 HOURS OF THE POSTING OF THIS NOTICE. If the vessel is not removed from the Anchoring Limitation Area in 12 hours, or if the vessel is otherwise anchored in violation of Chapter 388 , Section 4, Ordinance Code, within 24 hours, THE VESSEL MAY BE REMOVED AND IMPOUNDED, pursuant to Section 399.411, Ordinance Code, or Florida Statutes Section 327.4108(6)(c). The owner, operator, or other person legally responsible for the vessel may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103 (l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388 , Part 4, Ordinance Code, if the vessel is not removed by the owner, operator, or other person legally responsible for the vessel. Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of law enforcement officer). Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and location(s) of its posting. (Ord. 2025-432-E , § 6) Editor's note— Ord. 2025-432-E , § 6, amended the Code by, in effect, repealing former § 388.409, and adding new § 388.409. Former § 388.409 pertained to violations, and derived from Ord. 2022-61-E , § 3.