§ 462.106. Procedures.

(a)

An animal control officer is authorized to issue a citation to a person when the animal control officer has probable cause, based upon observation or witness affidavit as authorized in this chapter, to believe that the person has committed a civil infraction in violation of this Chapter and that the County Court will hear the charge. An animal control officer based upon the individual circumstances and available facts (including any known history), prior to issuing a citation, may issue a warning citation containing an explanation of the circumstances and recommended corrective action and establishing a reasonable time period in which the person must correct the violation. If a warning citation is issued, the animal control officer will perform a follow-up investigation to determine whether the situation still exists.

(b)

Whenever possible a citation issued by an animal control officer shall be hand delivered to the violator (or the violator's representative having custodial responsibilities at the location of the violation). If the animal control officer is unable to hand deliver the citation, ACPS shall attempt to send a letter by certified mail to the violator, giving the violator ten days to arrange to meet with the animal control officer to permit direct or hand delivery of the citation. Failure to contact the animal control officer and/or failure to accept delivery of the certified letter shall be considered a willful refusal to sign for and accept issuance of the citation.

(c)

After issuing the citation, the issuing officer shall deposit the original and one copy of the citation with the County Court in and for the Fourth Judicial Circuit.

(d)

A citation issued by an animal control officer shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person to whom the citation is issued.

(3)

The date and time the civil infraction was committed.

(4)

The facts constituting probable cause.

(5)

The Ordinance Code Section violated.

(6)

The name and authority of the animal control officer.

(7)

The procedure for the person to follow for payment of the civil fine for contesting the citation, or for mandatory court appearance.

(8)

The applicable civil fine if the person elects to contest the citation.

(9)

The applicable civil fine if the person elects not to contest the citation.

(10)

A conspicuous statement that if the person fails to pay the civil fine within the time allowed, or fails to appear in County Court to contest the citation, the person shall be deemed to have waived his/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 fine.

(e)

Unless cited for a violation for which court appearance is mandatory, a person cited for a civil infraction shall, within ten days of the date of receipt of the citation, either:

(1)

Pay the civil fine to the Tax Collector in accordance with the applicable Section(s) of this Chapter and the issued citation, or

(2)

Obtain a court date from the office of the Clerk of the County Court to appeal the citation.

(f)

If a person fails to pay the civil fine within the time prescribed in the citation or fails to obtain a court date, or having obtained a court date, fails to appear in court to contest the citation, the person shall be deemed to have waived the right to contest the citation. In such case, final judgment may be entered against the person in the maximum civil fine allowed, which shall be payable within 60 days from the date of execution of the final judgment. Alternatively, the court may issue an order to show cause, requiring the person to appear before the Court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, that person may be held in contempt of court in addition to having to pay the civil fine, court costs and restitution, as applicable.

(g)

Persons cited for the following must appear in County Court:

(1)

Violations of this Chapter, resulting in the unprovoked biting, attacking or wounding of a person or domestic animal;

(2)

Violations of this Chapter, resulting in the destruction or loss of personal property;

(3)

Violations of the animal cruelty provisions of Part 2 of this Chapter.

(4)

Repeated violations as provided by F.S. § 828.27(6), and/or as noted in Chapter 462, Part 18.

For citations involving the above listed mandatory court appearance violations, the citation shall specify that the court appearance is mandatory. If person so cited fails to appear within the time prescribed in the citation to obtain a court date or having obtained a court date, fails to appear in court, a default final judgment may be entered against the person in the maximum civil fine payable within 60 days from the date of execution of final judgment. Alternatively, upon the request of ACPS, the court may issue an order to show cause, require the person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, that person may be held in contempt of court in addition to being ordered to pay civil fines, court costs and restitution, including attorney's fees incurred by the City in prosecuting such claim, as applicable.

(h)

ACPS may establish a voluntary violator diversion program (in addition to any community service obligations that may be otherwise required) with the goal of educating owners, reducing the likelihood of repeat offenses, and reducing the demands of the court resources and docketing. If established, the violator shall pay a fee as designated in Section 462.1803 for the diversion program and upon successful completion within a prescribed timeframe will have the citation reduced to a written warning. All revenue collected from such diversion programs will be deposited into the Training and Cruelty Prevention Trust Fund, Section 111.456, Ordinance Code.

(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.