(A) Litter along the streets and highways, including the State highway system, public spaces, public rights-of-ways, and waterways of Palm Bay, detracts from the beauty of the city. The term "litter" shall be as defined in Florida Statute 403.413(2)(f), that is located on public property, and shall include any artificial or manmade object illegally placed within a public right-of-way or illegally nailed, fastened or affixed to any tree, public utility pole, or other object located on public property or within a public right-of-way. The terms "litter" shall include "snipe sign" as defined within this Chapter.
(B) The placement of a snipe sign on public property is transient in nature and is therefore irreparable. The existence of snipe signs are a nuisance upon the city and its staff. The adoption of the prohibition directed to snipe signs on public property shall be deemed notice of the violation. The person or business in possession or control of the snipe sign and the person or business who owns or is advertised or identified by name, address, website or other contact information on the sign may be cited upon observation of the violation. The person or business who owns or is advertised or identified on the sign shall be presumed to have permitted the placement of the snipe sign in the absence of evidence to the contrary. The term "transient in nature" shall mean that a condition exists on a temporary, periodic, or non-permanent basis. The term "irreparable" shall mean the condition is incapable of being remedied, as the harm sought to be prevented has already occurred.
(C) Violations of this Section shall be unlawful and shall be subject to the fines set forth in this subsection. Each piece of litter or separate sign that a person illegally places on or affixes to public property in violation of this Section shall be deemed a separate violation. The schedule for fines for the violations shall be as follows:
Offense | Fine |
1st | $50 |
2nd | $100 |
3rd and each thereafter | $150 |
(D) Any litter or snipe sign placed on or affixed to public property or placed in the road right-of-way, including but not limited to public property and rights-of-way along or adjoining any roadway, in violation of this Section is hereby declared to be abandoned property and is thereby subject to being removed by an employee of the Code Compliance Division or a member of the Volunteer Citizens on Patrol (V-COP).
(E) The Division Manager of the Palm Bay Code Compliance Division, or his or her designee, shall have the duty to enforce this subsection (178.22) through such assigned personnel as the Manager or designee determines to be appropriate.
(F) A violation of the snipe sign prohibitions of this Section shall be documented by a digital photograph taken by a Code Compliance Officer or V-COP.
(G) The Code Enforcement Board shall hear charges of code violations pursuant to the issuance of citations. The Board shall operate in the manner established in Chapter 52 of the Palm Bay Code of Ordinances.