§ 4-7. Enforcement and penalties.

(a)

In addition to or in lieu of impounding an animal which any animal control officer or any law enforcement officer has probable cause to believe is in violation of this article the officer shall either:

(1)

Issue a warning notice of violation to the owner or keeper of the animal; or

(2)

Issue a citation to the owner or keeper of the animal; provided, however, that upon a second conviction within the same household of a violation of sections 4-11 through 4-16, the animal shall be confined to the owner's premises by means of an enclosure approved by the division of animal control for restraining the animal and for preventing its escape.

(b)

Any person to whom a citation is issued shall pay the fine by the designated date or appear in county court at the time, date and location designated in the citation.

(c)

Any person electing to appear or required so to appear waives the right to pay the minimum civil penalties.

(d)

Penalties shall be in addition to court costs as established by the county court.

(e)

The maximum civil penalty for each violation shall be five hundred dollars ($500.00).

(f)

A mandatory court appearance to determine if the animal owner is able to provide adequately for, and have custody of, the animal shall be required for any of the following:

(1)

Third and subsequent violations of this article.

(2)

Third and subsequent violations which result in the destruction or loss of personal property.

(3)

Violations which involve more than two (2) animals owned or kept by the person to whom the citation is issued.

(4)

Violations in which the owner or keeper of the animal in violation has previously evaded or attempted to evade the division of animal control in an effort to circumvent the provisions of this article or state law;

(5)

Second and subsequent violations of section 4-13, humane care required;

(6)

Second and subsequent violations which result in the unprovoked biting, wounding, or attacking of a domestic animal or person; and

(7)

Second and subsequent violation of any provision pertaining to dangerous or vicious animals which does not result in injury to a person or domestic animal.

(8)

Violation of any provision pertaining to dangerous or vicious animals which results in injury to a person or domestic animal.

(g)

Minimum civil penalties for violations of the article not otherwise listed in subsection (f) of this section are as follows:

Code Section	Description of Violation	1st Violation	2nd Violation	3rd Violation & Thereafter
15	Interference with animal control	$50.00	$75.00	$250.00
8	Running at large	30.00	75.00	250.00
9	Public nuisance prohibited	30.00	75.00	250.00
10	Humane care required	100.00	Mandatory Court Appearance
11	Abandonment of an animal	100.00	250.00
	Violations which result in the destruction or loss of personal property	100.00	250.00	Mandatory Court Appearance
	Violations which result in the unprovoked, biting, wounding or attacking of a domestic animal or person	450.00 (person) 250.00 (animal)	Mandatory Court Appearance
	Violations of any provision pertaining to a dangerous or vicious animal which does not result in injury to person or domestic animal	250.00	Mandatory Court Appearance
	Violations of any provision pertaining to a dangerous or vicious animal which does not result in injury to a person or domestic animal.	250.00	Mandatory Court Appearance

 

(h)

In addition to any penalties and/or court costs imposed by this article or the court, there shall be imposed and collected by the clerk of the court a five dollar ($5.00) surcharge upon each civil penalty imposed for all citations issued for violations of this article. All funds collected as a direct result of this surcharge shall be placed in a fund by the county to be utilized for funding training of the county animal control officers as required by F.S. § 828.27(4)(b).

(i)

Notwithstanding any provision to the contrary, violations of section 4-13(c)(1) involving animal cruelty shall be punished as a first degree misdemeanor as provided by F.S. § 775.082.

(j)

Notwithstanding any provision to the contrary, violations of section 4-13(c)(2) involving the tripping of horses shall be punished as a third degree felony as provided by F.S. § 775.082, § 775.083, or § 775.084.

(k)

Notwithstanding any provision to the contrary, violations of section 4-16 involving the fighting or baiting of animals shall be punished as a third-degree felony.

(Ord. No. 2017-07, § 4, 5-2-17)