§ 2-4-24. Civil citations and penalties.

(a)

It shall be a violation of this ordinance to fail to comply with any of the requirements or restrictions contained in this ordinance.

(b)

Any violation of this ordinance is a civil infraction punishable by a maximum civil penalty not to exceed five hundred dollars ($500.00). The amount of each individual infraction will be established by separate resolution.

(c)

A citation from an animal services officer may be issued to any person believed to have committed a civil infraction in violation of this ordinance, based upon probable cause.

(d)

In lieu of a civil citation, the animal services officer may issue a courtesy notice of complaint. This notice serves to advise that there is reason to believe a civil infraction has been committed and provides a warning to the individual regarding the possible infraction without imposing a civil penalty.

(e)

The citation must be issued in accordance with the provisions of Section 828.27, Florida Statutes (2005).

(f)

If a person who has been cited for the civil infraction does not contest the citation, a civil penalty of no less than the penalty established by resolution will be imposed; except that mandatory court appearances may be required 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; second or subsequent violations of the animal cruelty provisions of this ordinance; or violations resulting in the issuance of a third or subsequent citation to a person in any twenty-four-month period. The citation must clearly inform the person of the mandatory court appearance. The division shall maintain records regarding proof of the number of citations issued to the person. Persons required to appear in court do not have the option of paying the civil penalty instead of appearing in court.

(g)

If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required for a mandatory court appearance, the court may enter an order to show cause. 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.

(h)

Pursuant to Section 828.27, Florida Statutes (2005), the county court shall have jurisdiction over all violations of this ordinance.

(i)

Payment of any civil penalties shall be made, either by mail or in person, to the Manatee County Clerk of Court within the time specified on the citation. A late fee may be assessed for any civil penalty paid after the specified time limit on the citation.

(j)

If a person fails to pay the civil penalty within the specified period, or fails to appear in court to contest the citation, that person shall be deemed to have waived their right to contest the citation.

(k)

Notwithstanding any other provision of this ordinance, any person cited for a violation pursuant to this ordinance may have the citation dismissed if positive proof of compliance is presented to the division.

(Ord. No. 12-10, § 1, 5-8-12)