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SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
April 21, 2015
1. The hearing was called to order at 2:00 p.m. by Special Magistrate Kelley H. Armitage.
2. Present: Special Magistrate Kelley H. Armitage, City Attorney Robert Ginsburg, Sgt. Jason
Mills, Administrative Assistant Jean Tarbell.
3. Mr. Ginsburg read the docket, Case number 15-6854, in the matter of Erwin E. Pollack, 421
Briarcliff Circle, Sebastian, Florida 32958.
Magistrate Armitage asked Mr. Pollack if he had any witnesses and he replied he did not.
Magistrate Armitage asked Ms. Tarbell to swear in everyone that would be testifying, which
she did.
Mr. Ginsburg called on Sgt. Mills to state his name, position and years of service, which he
responded Jason Mills, Sargent with the Sebastian Police Department and has been with the
department since 2002. Answering Mr. Ginsburg's questions Sgt. Mills stated that he was the
official that issued the parking violations to Mr. Pollack. He said he was called to the 400
block of Briarcliff Circle in reference to parking violations that a neighbor had called in to
our dispatch saying there were two vehicles parked on the sidewalk. The caller described the
vehicles. The caller also commented to our dispatcher that they called numerous times in the
past on the same issue. Magistrate Armitage asked if the dispatcher was available and Sgt.
Mills replied he did not know which dispatcher handled the call.
Mr. Ginsburg asked Sgt. Mills if he personally went to the 400 block of Briarcliff Circle and
Sgt. Mills responded that he did and found two vehicles parked on the sidewalk even though
the driveway was empty. The garage was closed so he was unable to determine what was in
the garage. At that time Sgt. Mills personally issued the citations for parking on the sidewalk
under Ordinance 98-36. Magistrate Armitage asked Mr. Pollock if he had a copy of that
ordinance and he said he had a copy from the clerk. Mr. Pollock said he asked the clerk for a
copy of the ordinance because he (Sgt. Mills) didn't note the sub -section. Mr. Ginsburg
asked Sgt. Mills how many times he had been to this address for similar violations and Sgt.
Mills responded just once. Mr. Ginsburg asked Sgt. Mills if he knew what the cost to the city
was for these proceedings and Mr. Pollock interrupted saying he did not think Sgt. Mills is
qualified to establish any settlement. Magistrate Armitage sustained Mr. Pollock's motion
and asked if he had any further questions for Sgt. Mills.
Mr. Pollock asked Sgt. Mills if it was a fact that when he issued the two citations he did not
note the sub -section that was being violated. Sgt. Mills said that was correct that he knew the
ordinance but did not remember the exact sub -section the violation was under. Sgt. Mills
added that he knew how the sub -section read and he did check the box for blocking the
sidewalk and felt that was explanatory enough.
Magistrate Armitage said he has a copy of two citations with 98-36 written on them and
asked Mr. Pollock if these were or were not the same citations he received. Mr. Pollock gave
Magistrate Armitage what he received and offered them into evidence. Magistrate Armitage
asked Mr. Ginsburg to look at them and he asked Sgt. Mills if these were the two citations
given to Mr. Pollock. Sgt. Mills said they were and that he did not put the sub -section on it
at the time as he did not remember the exact sub -section number but he knew it existed. He
did state that he put the sub -section number on his copy as soon as he returned to the office
and turned in the tickets.
Magistrate Armitage asked if there was any objection to the two citations being entered into
evidence, Mr. Ginsburg said no. Mr. Ginsburg asked Sgt. Mills if after he added the sub-
section 36 to his copy had he then done the same for Mr. Pollock's copy and Sgt. Mills said
he did not.
Mr. Ginsburg asked the Magistrate to dismiss the charges against the appellant and
Magistrate Armitage granted the request.
6. Hearing adjourned at 2:15 p.m.
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