§ 6-29. Enforcement and penalties; mandatory court appearances.

(a)

Any officer who has probable cause to believe that a person has committed an act in violation of this article shall issue a citation to that person. The determination that violation has occurred may be the result of the officer's own investigation or as the result of complaint by an aggrieved person.

(b)

Any person who willfully refuses to sign and accept a citation issued by an officer is declared to be guilty of a criminal offense and misdemeanor within the meaning of F.S. § 775.08, and punishable as provided by law.

(c)

It shall be a violation of this article for any person to knowingly hinder, resist, or oppose any officer or employee of the animal control division in the performance of their duties under this article or to knowingly interfere with any animal trap set by such officers or employees or to molest or release any animal caught therein.

(d)

The commission of a charged infraction at a hearing authorized pursuant to this article must be proven by a preponderance of the evidence. Any violation of this article constitutes a civil infraction and may be punishable by a civil penalty not to exceed $500.00, or as otherwise provided in this article. Penalties for violation of specific sections of this article shall be established by resolution of the board of county commissioners. If the person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed. In accordance with F.S. § 828.27(4)(b), the amount of any civil penalty assessed pursuant to this article shall be increased by $5.00 for the purpose of funding the cost of training county animal control officers. Any citation may be contested in county court.

(e)

Each day or fraction thereof during which a violation of this article continues shall be considered as a separate offense.

(f)

It shall be mandatory for an owner of an animal to appear in court under the following circumstances:

(1)

When any violation of this article results in the unprovoked biting, attacking, or wounding of a domestic animal.

(2)

When any violation of this article results in the destruction or loss of personal property.

(3)

When an owner or person is cited with a second or subsequent violation of any part of section 6-26, except for subsections (f) and (h) of said section.

(4)

When a person is cited with a third or subsequent violation of any part of this article.

(g)

If any person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required herein, the court may issue an order to show cause. The 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.

(Code 1982, § 1-4-26; Ord. No. 87-27, pt. A, 8-25-1987; Ord. No. 94-04, pt. A, 9-6-1994; Ord. No. 10-002, pt. A, 1-19-10)