§ 5-12. Enforcement; fines.

(a)

Violations observed. Upon observing a violation of this chapter, the Department Manager 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, which 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) which 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;

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 City Council. 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.

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 by a term of imprisonment not to exceed 60 days or a fine not to exceed $500.00 in addition to the civil penalty.

(2)

Impound the animal which is the subject of the violation and commence prosecution of the offense pursuant to Fla. Stat. § 828.21(1)(f).

(3)

The following type of violations of this chapter require a mandatory court appearance by the person cited:

1.

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

2.

Violations resulting in the destruction or loss of personal property;

3.

Second or subsequent violations; or

4.

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

a.

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

b.

The director of public works shall maintain records to prove the number of citations issued to any one (1) person.

(b)

Complaints of violations not observed. Upon receipt of an affidavit of complaint signed by one (1) 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 Department Manager 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 Department Manager or a sworn animal control officer shall commence prosecution of the offense pursuant to Fla. Stat. § 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)

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

(2)

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

(3)

If the party cited does not contest the citation, the penalty given shall be $100.00.

(Code 1999, § 3-12)