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Any error in transcribing on the uniform dog control citation form, when determined by the court to be nonprejudicial to the defendant, may be corrected at the time of trial or prior to trial, with notice being given to the defendant.
(County Ord. 692, passed 7-12-2001)
Except as provided in § 91.232 above, the complaint shall be set aside by the court for failure to conform to this section, only upon the proper written motion of the defendant, before plea.
(County Ord. 692, passed 7-12-2001)
The citation shall contain a certificate by the complainant or by the Sheriff to the effect that the complainant or Sheriff has reasonable grounds to believe and does believe that the person cited committed the offense contrary to law. If the certification is made by the Sheriff or any peace officer, it need not be made before a magistrate or any other person. A private person shall certify before a magistrate, clerk, or deputy clerk of the court, and this action will be entered in the court record. A certificate conforming to this section shall be deemed equivalent to a sworn complaint.
(County Ord. 692, passed 7-12-2001)
The Sheriff or peace officer issuing the citation shall deliver the summons to the person cited and shall deliver the complaint to the court. When the complaint is certified by a private person, the court shall deliver the summons to the defendant.
(County Ord. 692, passed 7-12-2001)
(A) The defendant shall appear in court at the time mentioned in the summons if the citation is for:
(1) Owning a vicious or dangerous dog;
(2) Owning a dog not vaccinated for rabies;
(3) An offense for which an owner or keeper of a dog has been convicted at least twice during the previous 12 months if the offenses involve the dog which is subject to the present citation; or
(4) Being a habitual offender.
(B) In other cases, the defendant shall either appear in court at the time indicated in the summons, or prior to such time shall deliver the summons to the court, together with a check or money order in the amount of bail set forth in the summons, and either:
(1) A request for a hearing;
(2) A statement of explanation or mitigation of the offense charged; or
(3) The executed appearance, waiver of hearing, and plea of guilty appearing on the summons. A statement in explanation or mitigation also may be enclosed with a guilty plea.
(C) If a defendant submits a written statement to the court as provided in this section, it operates as a waiver of hearing and consent to judgment by the court. Bail shall be forfeited on the basis of such statement and any testimony or written statement of the arresting officer or other witnesses which may be presented to the court. A judgment by the court declaring a forfeiture of bail, pursuant to this section, shall be deemed a conviction of the offense charged in the citation.
(County Ord. 692, passed 7-12-2001)
(A) If the defendant fails to comply with § 91.236 or fails to appear at any time fixed by the court, the defendant may be charged with “Failure to Appear,” a Class A misdemeanor, and a warrant for arrest may be issued.
(B) If the defendant fails to appear at any time fixed by the court and has posted bail, the court may order a forfeiture of that bail. Unless a warrant has been issued the order of forfeiture shall be deemed the final disposition of the case and shall be deemed a conviction of the offense charged in the citation.
(County Ord. 692, passed 7-12-2001)
A continuing violation of this Dog Control Ordinance shall constitute a nuisance and, at the option of the Sheriff, may be abated pursuant to law. In the alternative, a continuing violation may result in an additional base fine not to exceed $1,000 per day of violation as well as the fines imposed under § 91.999.
(County Ord. 692, passed 7-12-2001)
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