§ 315.09. Enforcement.

A pain management clinic, pain clinic responsible party, pharmacy, pharmacy responsible party, landlord or property owner found to be in violation of this chapter, and any other person found to have actively participated in a violation of this chapter, shall be subject to any one or more of the following penalties or remedies, in addition to any other penalty or remedy available in law or in equity:

(1)

Any penalty or remedy authorized under section 100.05 of this Code, including, without limitation, a penalty up to five hundred dollars ($500.00) per day, with each day of noncompliance constituting a separate violation, or imprisonment up to six (6) months, or both. A violation of this chapter shall be deemed a public nuisance and may be abated as provided by this Code or by law; or

(2)

Revocation or non-renewal of the pain management clinic permit or business tax receipt; or

(3)

Any order, injunction or other relief necessary to prevent the continued operation of the pain management clinic or pharmacy in violation of this chapter, including, without limitation, an order requiring the pain management clinic or pharmacy to terminate all operations in Indian River County; and

(4)

Notwithstanding the above, no penalty imposed hereunder for any act constituting a violation of state law shall exceed the penalty provided by state law for such act.

Except as otherwise set forth herein, enforcement may occur through proceedings before the Indian River County Code Enforcement Board or any court of competent jurisdiction.

(Ord. No. 2011-004, § 3, 5-17-11; Ord. No. 2011-006, § 3, 7-12-11)