§ 1-4-39. Proceedings for violations.

(a)

An officer who has probable cause to believe that a person has committed an act in violation of this article may issue a citation to the person.

(b)

The animal control officer shall personally deliver the citation for violation to the alleged violator of this article.

(c)

In issuing a citation for code violations, an animal control officer shall:

(1)

Make a personal investigation to determine whether the officer has reasonable cause to believe that the suspect has committed a civil infraction in violation of this Code or a county ordinance.

(2)

The animal control officer, upon making the determination that a violation exists, shall issue a notice to the person that has committed a violation of this Code or an ordinance and shall establish a reasonable time period within which that person must correct the violation. Such time period shall not exceed thirty (30) days. An animal control officer does not have to provide a person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the animal control officer has reason to believe that the violation represents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible.

(3)

If, upon personal investigation, an animal control officer finds that the person has not corrected the violation within the notice's time period, an animal control officer may issue a citation to the person who has committed the violation.

(d)

After issuing a citation to an alleged violator, the original white citation shall be deposited with the clerk of the court. The clerk of the court shall also receive the yellow copy of the citation. The violator shall be given the goldenrod copy of the citation, and the animal control department shall keep the pink copy of the citation.

(e)

If the person elects not to contest the citation, he shall pay the applicable civil penalty to the clerk of the county court within thirty (30) days after issuance of the citation.

(f)

If the person elects to contest the citation, he shall request a hearing through the clerk of the county court within thirty (30) days after issuance of the citation. The clerk shall schedule a hearing in the county court and shall provide written notice of the hearing to the person and the officer.

(g)

If the person fails to pay the civil penalty within the time allowed, 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, judgment may be entered against the person for an amount up to the maximum civil penalty.

(h)

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 F.S. section 775.082, section 775.083, or section 775.084.

(i)

Proceedings before the county court shall be nonjury proceedings.

(j)

All animal control proceedings shall be heard at the Charlotte County Courthouse in Punta Gorda, Florida, unless otherwise provided by law.

(k)

Each animal control officer shall be issued a number, and a numerical roster of the animal control officers shall be kept up-to-date at the clerk's office.

(l)

A failure to pay a fine, penalty, or fee assessed by the county court or elected by the violator shall be a violation of this article and shall be punished pursuant to F.S. § 125.69, Florida Statutes. A bench warrant for arrest or a summons to appear in court may be issued for a failure to appear or to schedule a hearing by the county court judge.

(m)

These enforcement provisions in addition to any other remedies available at law or otherwise.

(n)

Mandatory court appearances are required for violations after issuance of a third or subsequent citation to a person in any eighteen-month period. The citation must clearly inform the person of the mandatory nature of the court appearance. The department must maintain records regarding the number of previous citations to the person in the eighteen-month period. Such persons do not have the option of paying a civil fine in lieu of the appearance at court, and will be in contempt of court if they do not appear.

(o)

An animal control notice left upon a property in an attempt to notify an owner or owner's agent of an existing violation of the animal control laws of Charlotte County shall be responded to by telephone or in person to the animal control department within twenty-four (24) hours from the time registered on the notice. Failure to do so will result in the impoundment of the animal or animals involved in the violation. If the animal or animals involved in the violation are in a structure or a fenced-in area, such animal or animals shall be impounded upon issuance of a warrant if there is no response to the notice within twenty-four (24) hours.

(Ord. No. 98-070, § 17, 12-1-98; Ord. No. 2006-062, §§ 9, 10, 6-27-06; Ord. No. 2012-023, § 1, 6-12-12)