§ 8-62. Citations.

(a)

Generally.

(1)

In addition to or in lieu of impounding an animal which any animal services officer or any law enforcement officer has probable cause to believe is in violation of this article, the officer may issue a citation to the owner or keeper of the animal.

(2)

Any person to whom a citation is issued shall pay the fine by the designated date or appear in county court at the time, date and located designation in the citation.

(3)

Minimum civil penalties for violations of this article are as follows:

a.

First violation, $50.00.

b.

Second violation $100.00.

c.

Thereafter, $200.00.

(4)

Minimum civil penalties for violations which result in the unprovoked biting, wounding or attacking of a domestic animal or person are as follows:

a.

First violation (animal), $100.00.

b.

Second violation (animal), $200.00.

c.

First violation (person), $250.00.

d.

Thereafter: Mandatory court appearance and a maximum penalty of $500.00.

(5)

Any response by animal control to investigate complaint, $25.00/per call

(6)

Any person electing to appear or required so to appear waives the right to pay the minimum civil penalties.

(7)

Penalties shall be in addition to court costs as established by the county court.

(8)

The maximum civil penalty for each violation of this article shall be $8,500.00.

(9)

If a person to whom a citation is issued does not contest the citation and elects to pay the applicable civil penalty in lieu of appearing in county court, the civil penalty shall be less than the maximum civil penalty.

(b)

Procedure.

(1)

Any person cited for violation of this article shall be deemed to be charged with a civil infraction and/or cited to appear in county court.

(2)

Any person cited for an infraction under this section must submit to the following:

a.

Sign and accept a citation indicating a promise to appear in county court at the time, date and place indicated in the citation, or in lieu of appearing, pay the applicable civil penalty prior to the court date noted on the citation.

b.

No person to whom a citation has been issued which requires a mandatory court appearance may pay the civil penalty in lieu of appearing in county court.

(3)

If the person cited pays the applicable civil penalty in lieu of appearing in county court, he shall be deemed to have and admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction.

(4)

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 required pursuant to F.S. § 828.27(6), the court may issue an order to show cause upon the request of the board of county commissioners or the governing body of the municipality. 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.

(5)

Any person electing to appear or who is required to appear shall be deemed to have waived his right to pay the minimum civil penalty.

(c)

Contents. A citation issued by an animal services officer or law enforcement officer under the provisions of this article shall be in a form prescribed by the board of county commissioners and shall include the information required by F.S. § 828.27(1)(f) and other information as may be appropriate.

(Ord. No. 05-04, §§ 10.1, 10.3—10.5, 5-15-2005; Ord. No. 2011-04-21-11-01, 4-21-2011)