§ 4-46. Enforcement; fines.

(a)

Violations observed. Upon observing a violation of this chapter, the animal control supervisor or a sworn animal control officer or any other law enforcement officer may either:

(1)

Issue a citation to the owner or keeper of the animal or to a person in violation of section 4-72 this chapter, that shall be in the same form approved by the board resolution for this purpose, and shall contain:

a.

The date and time of the issuance of the citation;

b.

The name and address of the person cited;

c.

The date and time the civil infraction was committed;

d.

The facts constituting probable cause for the issuance of the citation;

e.

The ordinance violated;

f.

The name and authority of the officer issuing the citation;

g.

The procedure for the person to follow in order to pay the civil penalty or to contest the citation;

h.

A statement of the maximum civil penalty (not to exceed $500.00) that may be imposed if the person cited contests the citation and is determined to have violated the ordinance;

i.

A statement of the civil penalty payable if the person cited does not contest the citation; and

j.

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, or fails to appear in court as required by the citation, he shall be deemed to have waived his right to contest the citation, and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty of $500.00. In addition, if a person fails to pay the civil penalty, or fails to appear in court to contest the citation or fails to appear in court as required by the citation, the court may issue an order to show cause upon the request of the governing body of the county. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court.

(2)

Impound the animal that is the subject of the violation and commence prosecution of the offense pursuant to this chapter or F.S. § 828.27(1)(f) or any subsequent similar provision.

(3)

The following types of violation of this chapter require a mandatory court appearance by the person cited:

a.

Aggravated violations resulting in the unprovoked biting, attacking or wounding by a domestic animal;

b.

Violations resulting in the destruction or loss of personal property;

c.

Second or subsequent violations; or

d.

Violations resulting in the issuance of a third or subsequent citation.

(4)

Persons required to appear in court do not have the option of paying the fine instead of appearing in court.

(5)

The director of public works shall maintain records to prove the number of citations issued to any one person.

(b)

Complaints of violations not observed. Upon receipt of an affidavit of complaint signed by one person under oath before an individual authorized to take acknowledgments, setting forth the nature and date of the act, the owner or keeper of the animal, the address of the owner or keeper, and a description of the animal, the animal control supervisor or a sworn animal control officer or other law enforcement officer shall investigate the complaint to determine whether there is probable cause to believe a violation of this chapter has occurred. If probable cause exists, the animal control supervisor or a sworn animal control officer shall commence prosecution of the offense pursuant to F.S. § 828.27(1)(f).

(c)

Punishment. Upon conviction, any person violating this chapter shall be punished as provided by law. Each day during which the violation continues shall be deemed a separate offense.

(1)

Civil infraction. Violations of any provision of this chapter shall constitute a civil infraction. The maximum civil penalty shall not exceed $500.00 per violation.

(2)

Court cost, surcharges and other special charges. Court costs, surcharges and other special charges shall be added by the clerk of the circuit court in the same manner and amounts as provided for class 1 noncriminal violations.

(3)

Uncontested citation; exceptions. If the party cited does not contest the citation, the penalty given shall be $100.00 except as follows:

a.

Violations of sections 4-68, 4-69, 4-70, 4-72. Violation by an owner or keeper of a dog or cat of section 4-68 governing abandonment, section 4-69 governing spaying and neutering, section 4-70 governing chaining and tethering, and section 4-72 governing cruelty to animals, constitutes a civil infraction for which the owner or keeper of the animal shall be issued a citation by an officer having probable cause to believe a person has committed an act in violation of those sections. If the citation is paid, the citation shall be subject to the following penalties for each animal:

First violation	Warning
Second violation	Fine of $100.00
All subsequent violations	Fine of $250.00

 

b.

Violators ineligible for pet redemption or adoption from a county animal shelter.

1.

Second and subsequent violations of 4-68 and 4-70. Any person who has been cited for a violation of section 4-68 or 4-70 and who has not obtained a county court order dismissing the citation shall be ineligible to redeem or adopt any animal from a county animal shelter for a period of three years from the date of the citation.

2.

Violations of section 4-72. A person convicted of a violation of F.S. § 828.12, or cited for a violation of section 4-72, which citation has not been dismissed or overruled by a court of law, shall not be permitted to adopt any animal from any county animal shelter until proof is provided that the person has undergone psychological counseling with regard to the violation or completed an anger management treatment program. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.

c.

Violation of litter registration requirement. For violation of the litter registration requirement, in addition to the $100.00 fine for a first offense and $250.00 fine for a second offense, the following additional penalty and waiver apply:

1.

A $500.00 fine for the third and every subsequent offense; and

2.

Waiver of the fine of $100.00 if resolution of the first offense includes the animal being spayed or neutered subsequent to giving birth to the litter.

d.

Violation of section 4-69(d). For violations of section 4-69(d), the owner shall be fined an additional $100.00 per offense unless the owner agrees to have the animal altered as provided in that subsection.

(4)

County surcharge. For each civil penalty imposed for violation of an ordinance relating to animal control or cruelty in this chapter, a surcharge of $5.00 shall be paid by the person charged to the county. The proceeds from such surcharges shall be used to pay the costs of training for animal control officers.

(5)

Contesting citation. Anyone who receives a citation under this section may, within ten days of the issuance of the citation, petition the county court for a hearing on the merits. A copy of the petition shall be filed with the animal control office from which the citation was issued. Filing of the petition with the court shall stay the requirement to pay the fine until the date of the hearing scheduled by the court. Failure to appear at the scheduled hearing shall subject the petitioner to the remedies set forth in this chapter.

(6)

Show cause order. If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court when required by a citation mandating court appearance, the court may issue an order to show cause upon the request of the governing body of the county. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court.

(d)

Failure to sign citation. Any person willfully refusing to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083, or a fine not to exceed $500.00 in addition to the civil penalty.

(e)

Each act or omission, per animal, a separate offense. A violation of this chapter as to each animal in the care, custody or control of a person constitutes a separate offense, each separate offense being subject to the penalties provided in this chapter. In all situations where penalties are provided for any act or omission, they shall be held to apply to each and every act or omission. When any act or omission is of a continuing character, each and every day's continuance of the act or omission constitutes a separate offense and a presumption of continuing harm and violation of this chapter that may be separately charged and punished according to the provisions of this chapter.

(f)

Proof of charged infractions. The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a preponderance of the evidence.

(Code 1979, § 3-24; Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 7; Ord. No. 026-2010, § 1 )