§ 14-42. Enforcement and penalties.
(a)
Any officer who has probable cause to believe that any person has committed an act in violation of this article may issue a citation to such person.
(b)
Unless otherwise specified, any violation of this article constitutes a civil infraction and may be punishable by a maximum civil penalty not to exceed $500.00.
(c)
Unless otherwise specified, such as matters relating to the designation of a dog as dangerous or aggressive, which are addressed elsewhere in this article, within 30 days of the issuance of a citation for a violation of this article, the person cited must comply with one of the following options for disposition of the citation:
(1)
Pay the applicable civil penalty together with the court filing fee and animal control officer training surcharge to the clerk of the county court within 30 days in the manner provided on the citation form. A person making this election shall be deemed to have admitted the infraction and waived the right to a hearing; or
(2)
Request a hearing to contest the citation in county court, as provided by F.S. § 828.27, through the clerk of the county court, in the manner provided on the citation form.
a.
The clerk shall schedule a hearing in the county court and cause the person contesting the citation, the citing officer, and any witness(es) to be notified of the court hearing by summons.
b.
The standard of proof in the court hearing shall be a preponderance of the evidence.
c.
Contesting the citation shall be deemed a waiver of any right to pay the applicable civil penalty, and upon a finding by the court that the civil infraction was committed, the court may order the violator to correct the violation and impose a penalty up to the maximum civil penalty of $500.00 plus all costs of prosecution and court costs, but in no event shall any such civil penalty imposed by the court be less than the applicable civil penalty. The judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as the judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment shall be entered against that person in the amount adjudicated, and any other lawful sanctions may be imposed by the court.
(3)
If the person is required to appear in court he or she does not have the option of paying a civil penalty in lieu of appearing in court. Persons cited for the following must appear in county court:
a.
Violations of the animal cruelty provisions contained in chapter 14 of this Code.
b.
Any violation that is indicated on the citation which requires a mandatory court appearance.
c.
Any violator with outstanding or unpaid animal services fines.
The citation issued to the violator shall clearly inform the mandatory court appearance.
(d)
Pursuant to F.S. § 828.27(2)(f), if the person cited fails to pay the applicable civil penalty within 30 days, fails to appear in court to contest the citation, or fails to appear in court as required by this article and indicated on the citation, the court may issue an order to show cause upon the request of the animal control authority. 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 and a civil judgment shall be entered against the person in an amount not to exceed the maximum civil penalty of $500.00 plus all applicable costs of prosecution and court costs, but in no event shall any such civil penalty imposed by the court be less than the applicable civil penalty.
(e)
Payment of any civil penalty imposed by the county court shall be made to the clerk of the county court, who shall forward the monies collected to the county.
(f)
Civil penalties imposed pursuant to this article shall be independent of and in addition to any fees, cost, or charges arising from the impoundment or registration of animals as provided in this chapter.
(g)
As provided by F.S. § 828.27(4)(b), there shall be imposed and collected a surcharge of $5.00 upon each civil penalty imposed for violation of this article. The proceeds from such surcharges shall be used to pay the costs of training for animal control officers.
(h)
Nothing in this article shall prevent officers from charging violations relating to animal control or cruelty as criminal offenses, when so authorized by state law.
(i)
In addition to the penalties otherwise provided in this article, the board, or the animal control authority as its designee, shall have the right to enforce by injunction, or any other appropriate legal means, compliance with the regulations and requirements of this article.
(Ord. No. 93-05, § 1(4-16), 4-13-93; Ord. No. 93-11, § 1(4-16), 6-8-93; Ord. No. 94-24, § 1, 11-15-94; Ord. No. 98-01, § 3, 1-20-98; Ord. No. 2014-27, § 1, 9-16-14; Ord. No. 2018-02, § 1, 1-23-18)