SECTION 30. VIOLATIONS, CIVIL INFRACTIONS, CIVIL PENALTIES

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SECTION 30. VIOLATIONS, CIVIL INFRACTIONS, CIVIL PENALTIES.

A. Any violation of this Ordinance is a civil infraction.

B. Any person who has committed an act in violation of this Ordinance shall receive a citation from the Division by an animal control officer or law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of this Ordinance.

C. The county court shall have jurisdiction over all violations of this Ordinance.

D. The county clerk shall:

1. Accept designated fines and issue receipts therefore.

2. Provide a uniform citation form serially numbered for notifying alleged violators to appear and answer to charges of violation of this Ordinance. Such citation forms shall be issued to and receipted by the Division.

E. Violation of any provision of this Ordinance shall be punishable by a fine not to exceed five hundred dollars ($500.00). Any person who has violated any provision of this Ordinance shall be fined an amount as established by the Board of County Commissioners by resolution.

F. Any person issued an Animal Care and Control citation shall be deemed to be charged with a civil violation and shall comply with the directives on the citation.

G. Payment shall be made, either by mail or in person, to the violations bureau within the time specified on the citation. If a person follows this procedure, he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction.

H. All fines collected as a result of said citations (except those fines collected as a result of citations issued by municipal employees pursuant to subsection N herein, which shall be remitted by the Clerk of the Court directly to the municipality issuing the citation) shall be paid into the County Treasury and deposited into the general fund for Animal Care and Control Revenue. Pursuant to Florida Statutes secs. 938.01, 938.17 and 938.19, mandatory costs shall be assessed against every person convicted of a violation of this Ordinance.

I. Any person who fails to make payment within the specified period shall be deemed to have waived his/her right to pay the civil penalty as set forth in the citation.

J. Any person who elects to appear before the court to contest the citation shall be deemed to have waived his/her right to pay the civil penalty. The court, after a hearing, shall make a determination as to whether a violation has occurred and may impose a civil penalty not to exceed five hundred dollars ($500.00) plus court costs.

K. If a person fails to pay the civil penalty, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation; and in such case, a default judgment may be entered and the judge shall impose a fine at that time. An order to show cause may be issued. If the fine is paid, the case shall be dismissed. If the fine is not paid, judgment may be entered up to the maximum civil penalty.

L. Any person cited for an infraction under this Ordinance shall sign and accept the citation indicating a promise to pay the fine or appear in court. Any person who willfully refuses to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Florida Statute Chapter 775.082 or 775.083.

M. The Division may require mandatory court appearances for certain aggravated violations of this Ordinance resulting in the unprovoked biting, attacking or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; or violations resulting in the issuance of a third or subsequent citation to a person. The citation shall clearly inform the person of the mandatory court appearance. The Division shall maintain records to prove the number of citations issued to the person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.

N. Permission is hereby granted to employees working for Palm Beach County municipal governments to enforce this Ordinance through the issuance of citations when those employees have been certified as animal control officers pursuant to Florida Statute Chapter 828.27(4)(a)1. Enforcement must be in cooperation with and receive the approval of the Division.