§ 4-38. Violations; notice to appear; enforcement.
Latest version.
- (a) Unless otherwise set forth in this Chapter, any violation of any provision of this chapter is a civil infraction punishable with a maximum civil penalty not to exceed $500.00. The judge shall include all costs, if any, incurred in the capture and impounding of such animal during the period of its retention by Animal Control.(b) A civil penalty of less than the maximum civil penalty is appropriate if the person committing the civil infraction does not contest the citation.(c) Any person who has committed an act in violation of this chapter shall receive a citation from the animal control officer or the law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of any provision of this chapter.(d) Any person issued a citation shall have the opportunity to contest the citation in the County Court of Palm Beach County.(e) If the person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court, or willfully refuses to sign and accept a citation issued by an officer, the court may issue an order to show cause upon request of the governing body of the city. This order shall require such person 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.(f) Any person who willfully refuses to sign and accept a citation issued by an animal control officer or a law enforcement officer is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 and Section 775.083, Florida Statutes.(g) A surcharge of $5.00 is imposed for each civil penalty imposed for each violation of the provisions of this chapter. The proceeds of such surcharge shall be used to pay for training of animal control officers.(Ord. No. 97-47, § 2, 10-7-97)