What is a “comparable ordinance violation”?
A comparable ordinance violation means a violation of a municipal ordinance (which can be a law, rule or regulation) that has all of the same essential elements of a statutory misdemeanor or felony criminal offense.
- In other words, the ordinance is a local law, rule or regulation that is enacted by a local governing body (i.e., municipality) whose legal consequence is essentially the same any other criminal law in the state.
An example of a “comparable ordinance violation” would be as follows:
- The City of Jacksonville Beach has an ordinance which prohibits the possession or consumption of alcoholic beverages in public;
- A person in the City of Jacksonville Beach violates that ordinance by doing the prohibited act (i.e., consuming an alcoholic beverage in public);
- Should a police officer observe such a violation, the officer may briefly detain a person for violating this ordinance and issue a Notice to Appear (which essentially means the person must not only appear in court but that they now also have a criminal history record created from that “comparable ordinance violation”).