§ 462.103. Administration and enforcement.

(a)

The Chief of the Animal Care and Protective Services Division, animal control officers and State and local law enforcement officers and other State and local government employees whose duties involve, in whole or in part, the seizure and impoundment of any animal are authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations for violations of this Chapter as provided herein. An animal control officer is also authorized to capture and impound animals found in violation of this Chapter as provided herein. An animal control officer, who is not also a law enforcement officer as defined by F.S. § 943.10, is not authorized to bear arms or make arrests; however such an animal control officer may carry a device to chemically subdue and tranquilize an animal, provided the animal control officer has the prerequisite training pursuant to F.S. § 828.27.

(b)

ACPS and the Jacksonville Sheriff's Office shall have concurrent jurisdiction and authority for the enforcement of this Chapter.

(c)

All laws of the State of Florida related to animal control and/or animal care are hereby incorporated in this ordinance by reference. If any provision of State Law is not otherwise expressed in this ordinance, an animal control officer may issue a citation using this subsection and noting the section of Florida Statute violated. Such violations shall be subject to a fine noted in Chapter 462, Part 18.

(d)

A fine schedule noted in Chapter 462, Part 18, with progressive violation increases, is included as a schedule to this ordinance; it may be amended and revised from time to time.

(e)

Animal control officers shall, upon proper reasonable suspicion, when needed to investigate violations, petition any County Court Judge for inspection and/or search and seizure warrants pursuant to their duties herein, and as defined in this ordinance and/or Florida Statutes, in accordance with F.S. Ch. 933.

(f)

Animal control officers are authorized to pursue any animal that is in violation of any provision of this ordinance through and across any unsecured property and into non-secure enclosures (excluding dwellings used as a residence).

(g)

Community Service hours may be substituted for fines and fees at the sole discretion of the Chief of ACPS. Community service hours shall be calculated based on the national hourly minimum wage existing at the time the hours are being requested. No individual may participate in community service activities unless such individual has executed a waiver and indemnity in favor of the City, on a form approved by the Office of General Counsel, from any liability which may accrue or arise during such community service work. Once an individual has completed the necessary hours equal to the fine entered on the final judgment, the final judgment shall be satisfied. Such service must be completed within a prescribed time or the maximum fine and/or all fees shall be entered as a final judgment.

(Ord. 2004-259-E, § 1; Ord. 2010-527-E, § 2)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.