§ 4-6. Enforcement procedures.

(a)

An animal control officer or enforcement 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 chapter or Florida Statutes. The citation shall contain:

(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 chapter 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 or she shall be deemed to have waived his or her 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; and

(11)

A conspicuous statement that if the person is required to appear in court, that an option to pay a fine in lieu of appearing in court does not exist.

(b)

An animal control officer or enforcement officer may, but shall not be required to, issue a written warning prior to the issuance of a citation in incidents of violation of this chapter. Failure to comply with the provisions of a written warning may result in issuance of a citation or impoundment of the animal, or both.

(c)

An animal control officer or enforcement officer may issue an order to provide care, pursuant to F.S. § 828.073.

(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 otherwise required, then the court may issue an order to show cause, either upon the request of animal services, or, upon its own initiative. The person shall be required by the court order to appear before the court to explain why the required appearance or 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(4), a surcharge of five dollars ($5.00) upon each civil penalty imposed for a violation of this chapter shall be used by the county to pay the costs for training of animal control officers.

(f)

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

(Ord. No. 11-55, § 1, 10-18-11)