§ 4-25. Property owner's liability; probable cause; civil infractions and citations.
Property owners may be determined to be in violation of this chapter or held liable for the actions or lack of compliance of this chapter by the occupant(s) of their properties if the department of animal services has informed both parties and the violation continues to exist. The violation can either be located on the property or occurring from the property. Unless otherwise specifically provided in this chapter, and regardless of the knowledge, intent or culpability of the violator, any violation of the regulations of this chapter shall be a civil infraction punishable by a maximum civil penalty not to exceed five hundred dollars ($500.00) per violation. A citation shall be issued by an officer who has probable cause to believe that a person has committed an act in violation of this chapter. Probable cause shall be established by the officer's personal observation of the violation; or upon a violator's admission of the infraction; or by physical evidence which exists to support the complaint; or after investigating a complaint whereby sworn affidavits of complaint signed by two (2) competent persons residing in separate dwellings, setting forth the nature and date of the act, the name and address of the owner or keeper, and a description of the animal, the officer believes that a violation of this chapter has occurred. Such citation may be contested in the county court. 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 by F.S. § 828.27(6) concerning mandatory court appearances; the court, upon request of the animal control officer, may issue an order to show cause. 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. Mandatory court appearances shall be required for certain aggravated violations resulting in the unprovoked biting, attacking, or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; second or subsequent violations of local animal cruelty laws; or violations resulting in the issuance of a third or subsequent citation to a person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.
(Ord. No. 11-55, § 1, 10-18-11; Ord. No. 16-34, § 1, 10-4-2016)