§ 4-45. Procedure upon citation.

(a)

Any person cited for violation of this article shall be deemed charged with a non-criminal infraction. Any person cited for an infraction under this article shall sign and accept a citation acknowledging receipt of the citation and indicating a promise to appear in county court, if such person wishes to contest the charge(s). Failure to sign and accept the citation shall be punishable as provided in Section 828.27(5), Florida Statutes.

(b)

The applicable fine shall be reduced by twenty-five (25) per cent if the person who has committed the civil infraction does not contest the citation. The payment must be postmarked or received by the clerk's office no later than thirty (30) calendar days from the date the citation was issued. If the person cited pays the applicable fine, he or she shall be deemed to have admitted the infraction and waived his or her right to a trial.

(c)

In order to contest a citation, the person must deliver or send a copy of the citation along with a written request for a hearing to the clerk's office; such requests must be received or postmarked no later than thirty (30) calendar days from the date of the citation. Upon receipt of the request for hearing, the clerk's office will set a hearing date and send notice to the person contesting the citation.

(d)

If a person fails to pay and fails to request a hearing within thirty (30) days of receipt of the citation, the clerk's office shall issue a notice to appear. The clerk shall assess a ten-dollar ($10.00) fee for each penalty paid after the initial thirty-day period. The late fee will be retained by the clerk's office for the purpose of defraying operating expenses.

(e)

If a person has failed to pay the fine and applicable late fee, and fails to appear in court to contest the citation, the court may issue an order to show cause upon the request of the animal control authority. 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 an order fails to appear in response to the court's directive, that person may be held in contempt of court. In addition, failure to pay the civil penalty shall result in the recording of a lien in the amount of the civil penalty, late fee, and recording fees.

(f)

In the event an animal is impounded for violation of this article and the owner of the animal abandons or surrenders the animal to the animal control authority, the owner remains liable for the civil penalties imposed for violation of this article.

(Ord. No. 18-068, § 25, 10-2-18)