§ 462.108. Civil penalties.

(a)

The maximum fine for each civil infraction under this Chapter is $500 unless otherwise provided by law.

(b)

Whenever a provision of this Chapter does not establish a specific fine for failing to do any act or thing required or for doing any act or thing prohibited, in addition to court costs, the civil fine for such civil infraction, shall be not less than the amount designated in Chapter 462, Part 18. Unless otherwise specifically provided in this Chapter, each animal is considered a separate violation, and each Section and subsection is considered a separate violation.

Minimum penalties are hereby established considering the following and are listed in Part 18 of this chapter:

(1)

The gravity of the violation.

(2)

The potential harm to the public.

(3)

The danger to the animal or other animals.

(4)

The potential adverse effect(s) on animals or people.

(5)

The previous violations.

(6)

The deterrent effect for future violations or violators.

(c)

ACPS may, from time to time, convene a temporary, issue-specific advisory committee of a cross-section of the community to review and recommend changes to the minimum fine and fee schedules to the Council. The Chief of ACPS may remove any member at any time for any reason within his/her discretion. The committee will be disbanded following the recommendation to the Chief of ACPS; a new committee will be seated for future review. The Chief of ACPS will review such recommendations and proceed as appropriate with suggesting the applicable changes as needed.

(d)

A person who has committed a civil infraction, but does not contest the citation and pays the infraction in a timely manner, shall be assessed an uncontested fine amount as established by ACPS in Chapter 462, Part 18.

(e)

Progressive penalties will be assessed as noted in Chapter 462, Part 18 and incorporated herein by this reference, and as may be attended from time to time.

(f)

Any person shall be guilty of a class D offense (as defined in Section 632.101) who:

(1)

Willfully refuses to sign and accept a citation issued by an animal control officer.

(2)

Willfully fails to appear in court; or

(3)

Fails to show cause.

(g)

A $5 surcharge shall be charged and collected upon each civil fine imposed for each violation of this Chapter, as authorized by F.S. § 828.27(4)(b). If the court adjudicates the violation as suspended or guilty with no fine, the surcharge shall still be charged and collected upon that violation, even if court costs are not assessed. The proceeds from such surcharge shall be deposited in the Animal Care and Protective Services Training and Cruelty Prevention Trust Fund established by Section 111.456 and shall be used only to pay for costs associated with training for animal control officers. Fines and surcharges shall be paid to the Tax Collector or ACPS, if the Chief establishes a process for doing so.

(Ord. 2004-259-E, § 1; Ord. 2006-422-E, § 124; Ord. 2010-527-E, § 2)

Editor's note

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