§ 14-33. Citation authority and procedures; miscellaneous offenses.

(a)

The animal control officer or other enforcing officer may issue a citation to a person when the officer has probable cause to believe that the person has violated a provision of this article. The citation shall contain the following:

(1)

The date and time of issuance.

(2)

The name and address of the person.

(3)

The date and time the violation was committed.

(4)

The facts constituting probable cause.

(5)

The section of the article that was violated.

(6)

The name and authority of the officer.

(7)

The procedure for the person to follow in order to pay the civil penalty, to contest the citation or to appear in court as may be required.

(8)

The applicable civil penalty if the person elects to contest the citation.

(9)

The applicable civil penalty if the person elects not to contest the citation.

(10)

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, he shall be deemed to have waived his right to contest the citation and that, in such case, judgement may be entered against a person for an amount up to the maximum civil penalty.

(11)

A conspicuous statement that, if the person is required to appear in court, he does not have the option of paying a fine in lieu of appearing in court.

(b)

A violation of a provision of this article shall be deemed to be a civil infraction and the maximum civil penalty for a violation of a provision of this article shall not exceed $500.00.

(1)

If a violation or charge is not contested or an appearance in court is not required, the following are deemed civil infractions and are subject to the following civil penalties:

a.

Failure to properly maintain an identification tag or collar ..... $ 10.00

b.

Failure to vaccinate animal for rabies as required by state statutes ..... 20.00

c.

Nuisance: Allowing animal to enter property of another without consent or permission and causing property damage ..... 25.00

d.

Nuisance: Allowing animal to molest or disturb garbage containers ..... 10.00

e.

Nuisance: Allowing animal to chase vehicles, bicycles, humans, pets or other animals (provided, however, this shall not apply to an animal engaged in lawful hunting acts or livestock management acts) ..... 50.00

f.

Filing or causing to be filed a false report of animal nuisance or other violation of this article ..... 25.00

(2)

The hearing officer or judge shall assess fines upon a finding of a violation of this article on all mandatory and requested appearances in an amount not to exceed $500.00.

(c)

Any person who willfully refuses to sign and accept a citation by an enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.

(d)

If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as may be required, the court may issue an order to show cause upon the request of the enforcement department. The court order shall require such person 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, the person may be held in contempt of court.

(e)

Pursuant to F.S. § 828.27(3), $2.00 of each civil penalty imposed for a violation of this article shall be used by the county to pay the costs of a 40-hour minimum standards training course for county employed animal control officers, which course is mandated by F.S. § 828.27(3).

(f)

Animal control officers may issue written warnings prior to the issuance of a citation in incidence of violation of this article for a "first offense" violation. Failure to comply with the provisions of a written warning may result in issuance of a citation and/or impoundment of the animal.

(Ord. No. 93-5, § 4, 6-8-1993; Ord. No. 95-1, § 2, 3-21-1995)

State law reference

Citations, F.S. § 828.27.