§ 156.111. Violations, Enforcement.

It shall be unlawful for any Person, Operator, Manager, or Permit Holder to violate any of the provisions of this Chapter.

Violations of different provisions of this Chapter shall constitute separate offenses. Each day a violation occurs, and each individual machine found to be in violation on that day, shall constitute a separate offense.

Each violation of any of the provisions of this Chapter shall constitute a Class E offense, as defined in Chapter 609, Ordinance Code.

The City of Jacksonville shall have the right to pursue all legal and equitable remedies necessary to ensure full compliance with this Chapter.

(a)

Except as otherwise provided herein, the requirements of this Chapter may be enforced by the Department of Neighborhoods (or its successor) and/or the Jacksonville Sheriff's Office as follows:

(1)

Through the Municipal Code Enforcement Board or the Special Magistrate pursuant to the authority granted by F.S. Ch. 162, Part I, and Ch. 91, Ordinance Code;

(2)

Through the judicial system by citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code;

(3)

Through the judicial system by civil complaint filed by the City for civil penalties in a court of competent jurisdiction;

(4)

By civil action for injunctive relief through a court of competent jurisdiction; and/or

(5)

By all other means available in law or equity.

(b)

Civil penalty payments recovered pursuant to this Chapter shall be used to fund administration and enforcement efforts under this Chapter. Upon successful prosecution of any violation of this Chapter wherein the City has filed suit in a court of competent jurisdiction to recover a civil penalty and/or obtain injunctive relief, the City shall be authorized to recover its reasonable attorneys' fees and costs.

(c)

Permittees shall have a private right of action to pursue all legal and equitable remedies necessary to ensure full compliance with this Chapter against any other permittee, including but not limited to injunctive relief.

(Ord. 2010-326-E, § 3; Ord. 2011-386-E, § 3; Ord. 2011-732-E)