(A) (1) Violations of this chapter shall be punishable by fines as follows.
(a) First offense: uncontested citations; the current offense is a “first” offense if there have been no other citations in the preceding 36 months: $25; if not paid within 14 days, fine goes to $50; if not paid within 30 days a court hearing is required. Fines, penalties and administrative fees shall be set as the court may deem appropriate, but shall not exceed the maximum civil penalty of $500 per violation.
(b) Second offense: uncontested citations; the current offense is a “second” offense if there has been only one previous citation within the preceding 36 months: $50; if not paid within 14 days, fine goes to $100; if not paid within 30 days a court hearing is required. Fines, penalties and administrative fees shall be set as the court may deem appropriate, but shall not exceed the maximum civil penalty of $500 per violation.
(c) Third and subsequent offenses: the current offense is a third or subsequent offense if there have been two or more previous citations within the preceding 36 months: a court hearing is required. Fines, penalties and administrative fees shall be set as the court may deem appropriate , but shall not exceed the maximum civil penalty of $500 per violation.
(d) Anyone cited with a violation of this chapter who pays the required fines and then goes 36 months with no offenses shall return to the status of having no prior offenses for the purpose of this section.
(2) A $5 surcharge shall be assessed and collected upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty as authorized by F.S. § 828.27. The proceeds from such surcharge shall be used only to assist in paying for the costs of training for animal control personnel in accordance with the requirements of F.S. § 827.27. Said civil penalty shall be paid to the city.
(3) The animal control personnel shall have the authority to cite the owner or any person having custody of an animal for violation of this chapter when and only when: the animal control personnel has received from an adult witness a sworn affidavit attesting to the animal having committed a violation pursuant to this chapter; or the animal control personnel duly authorized to enforce the provisions under this chapter, has witnessed the commission of a violation of this chapter.
(B) Violation of § 90.03 shall constitute a misdemeanor, and shall be punishable by imprisonment of a period not to exceed 60 days or a fine not to exceed $500, or both.
(C) Violation of § 90.04 shall constitute a misdemeanor and shall be punishable by imprisonment of a period not to exceed 60 days or a fine not to exceed $500, or both.
(D) Violation of § 90.05 shall constitute a misdemeanor, and shall be punishable by imprisonment of a period not to exceed 60 days, or a fine not to exceed $500, or both.
(E) Per § 90.07, if an animal is off of the property of its owner or off the property of the person who has custody of the animal, and the animal attacks and injures any person or other animal, the owner or person in custody of the animal shall be guilty of a misdemeanor, and shall be punishable by imprisonment of a period not to exceed 60 days or a fine not to exceed $500, or both.
(Ord. 388, passed 2-13-2001)