§ 14-40. Penalties.

1.

For any violation or alleged violation of this Ordinance, the Director, deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may issue to the owner of (or to the person in custody of) the animal a written warning statement.

2.

Whenever possible, a violation issued by an animal control officer shall be hand delivered to the violator (or the violator's representative having custodial responsibilities at the location of the violation). If the animal control officer is unable to hand deliver the citation, the animal control division may send a letter by certified mail to the violator.

3.

For an initial violation of Section Eight (§ 14-33), Section Nine (§ 14-34), Section Eleven (§ 14-36), Section Thirteen (§ 14-38), Section Fourteen (§ 14-39), and Section Sixteen (§ 14-41), excluding Subsection 9, of this Ordinance, the Director, deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may issue to the owner of (or to the person in custody of) the animal a Notice to Comply under which the recipient must come into compliance within fifteen days of receipt. Failure to comply shall result in a citation.

4.

A violation of this Ordinance is a civil infraction as provided in F.S. § 828.27. For any violation of this Ordinance, the Director, deputy sheriff, municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may issue a citation to the violator.

A.

A citation issued by an animal control enforcement officer under the provisions of this section shall be in a form prescribed by the board. Such citation shall contain all known information required by F.S. § 828.27, including the date and time of issuance of the citation; name and address of the person in violation; the date of the violation; description of the animal involved; the section or sections of this Ordinance, or subsequent amendments, violated; the facts constituting probable cause; name and authority of the citing enforcement officer; also the procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear before the special magistrate when a mandatory appearance is required as specified in the citation or when scheduled by the code enforcement department, in which case there is no option but to appear before the special magistrate; the applicable civil penalty if the person elects not to contest the citation and the applicable civil penalty if the person elects to contest the citation; also a conspicuous statement of the effect of failure to promptly pay the fine or appear before the special magistrate or in court. Subject to the limitations now or hereafter specified in F.S. § 828.27, a mandatory special magistrate or court appearance may be required by the issuing officer. Mandatory appearances before a special magistrate may also be ordered by the special magistrate as specified in this section, or as otherwise within the special magistrate's authority.

B.

Upon conviction of any civil infraction, the violator shall be punished by a fine not to exceed $500.00 in the discretion of the court or special magistrate, as applicable. Each day of the violation or noncompliance as to each animal shall be considered as a separate and distinct offense. In addition, any person convicted under any provisions of this Ordinance shall pay all costs and expenses involved in the case.

C.

Each violator shall be required to pay an administrative surcharge of $5.00, plus a $2.00 surcharge to pay the costs of the 40-hour minimum standards training course for animal control enforcement officers for each cited violation.

D.

Each person or entity that commits one or more civil infraction(s) under this Ordinance, but does not contest the citation, shall pay a fine for each such separate offense as follows:

(1)

Nonaggravated violations. Fines for an uncontested citation for violation of any provision of this Ordinance, except any aggravated violation described in Subsection (2), below and as defined above, are as follows:

(a)

First citation: $100.00 for each first offense.

(b)

Second citation: $200.00 for each second offense.

(c)

Third (or more) citation: $300.00 for each such offense if a mandatory appearance is not required by the animal control enforcement officer named on the citation. If a mandatory appearance is required by the animal control enforcement officer named on the citation, the recommended fine should be more than $350.00, but not more than $500.00. The amount of the fine(s) shall be as determined by the special magistrate or other trier of fact. A mandatory appearance shall be required for each third and each subsequent citation if the violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior citations.

(2)

Aggravated violations. A violation of Section Sixteen (§ 14-41), Subsection 9; Section Eleven (§ 14-36), if failure to comply with Notice to Comply; or Section Twelve (§ 14-37) shall be considered an aggravated violation. For each uncontested aggravated violation, the fines and appearance obligations are as follows:

(a)

First citation: $250.00 for each first aggravated violation.

(b)

Second citation: $350.00 for each second aggravated violation.

(c)

Third (or more) citation(s): A mandatory appearance and a recommended fine of more than $400.00 but not more than $500.00 for each such aggravated violation. The amount of such fines shall be determined by the Special Magistrate or other trier of fact.

E.

Animal services may authorize and establish an educational program aimed at teaching responsible pet ownership. When such a program becomes available any person who receives a citation may elect to attend in lieu of payment. The person cited shall be responsible for any cost associated with attending the course. The person cited must register and pay for the course within twenty (20) days of receipt of the citation. Registration and payment for the course constitutes admission of the violation and in so doing the person waives his or her right to contest the violation to the Special Magistrate. The course must be successfully completed within ninety (90) days of receipt of the citation. Upon completion of the course, the civil penalty will be waived; however, a person may not make an election under this subsection if the person has successfully completed this course within the preceding twelve (12) months or if the citation requires a mandatory appearance before the special magistrate. A person may make no more than two (2) elections under this subsection, however, a person cited for a violation Section Twelve (§ 14-37) may only make one election under this subsection. Successful completion of the course does not constitute dismissal of the violation as a first (or subsequent) offense.

F.

A person who is required to appear does not have the option of paying the fine instead of appearing before the Special Magistrate.

G.

A citation that is dismissed by the county, or by the Special Magistrate or by other trier of fact, shall not count as a prior citation for the purpose of determining the number of prior citations issued to that violator.

H.

The violator's failure to pay the fine, and/or to timely request a hearing before the Special Magistrate may result in an admission of guilt. The code enforcement department shall give notice to the violator that a hearing will be conducted concerning the alleged violation(s) and/or unpaid fines. The notice shall be in similar form to that described in the Collier County Code Enforcement Special Magistrate Ordinance and state the time and place of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine amount, if applicable. The Special Magistrate's findings shall be reduced to writing and recorded in the official records.

I.

Notwithstanding anything in this Ordinance, the individual who issues the citation or other pleading may require a mandatory appearance if a mandatory appearance is in that instance authorized by law.

J.

If the named violator is properly noticed of the hearing and fails to appear, the Special Magistrate may hear the citation and impose any penalties allowed by this Ordinance.

K.

The named violator or the county may seek to overturn a final order of the Special Magistrate by making application to the county court for a trial de novo on the merits. Such application must be filed within 30 calendar days from the rendition of the order sought to be overturned. A violator will have the right to a de novo proceeding provided that all administrative remedies have been exhausted. Failure to make such application within the required time period will render the findings and order of the Special Magistrate conclusive, binding, and final. All findings of the Special Magistrate will be evidence at any de novo proceeding held pursuant to this subsection.

L.

If the named violator or the animal control enforcement officer fails to appear in court the court may issue an order to show cause. Such order shall require such persons to appear before the court to explain why action on the citation has not been taken or the court may render a civil judgment up to $500.00. If any person who is issued an order to show cause fails to appear in response to the court's directive, that person may be held in contempt of court.

M.

If any penalty provision specified by F.S. § 828.86 is amended, such amended penalty provisions shall apply to this Ordinance without further action by the board of county commissioners.

N.

The County may institute proceedings in a court of competent jurisdiction to compel payment of any civil penalty. If a person fails to pay the civil penalty, or fails to appear in court as may be required, then the court may issue an order to show cause upon the request of animal services. The person shall be required by the court 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, the person may be held in contempt of court.

O.

Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief and an action at law for damages.

P.

Violations of Section Eight (§ 14-33), subsections 1(K) and 1(L) and subsection 3, shall not result in a citation and/or monetary penalty, but may result in the Division revoking the veterinarian's authorization to issue County licenses.

5.

Penalty Schedule. The following Penalty Schedule is meant as a summary of the penalties set forth above. Should this chart conflict with the penalty provisions set forth above, the penalty provisions shall control:

Violation of	First Offense	Second Offense	Third or Subsequent Offense	Officer Discretion Permitted?
Section Eight (§ 14-33) Requirement to license and vaccinate except for Section Eight (§ 14-33), subsection 1(K) and (L) and subsection 3.	Notice to Comply, with a $100.00 citation issued if not in compliance in 15 days	Notice to Comply, with a $200.00 citation issued if not in compliance in 15 days	Citation: $300.00	No
Section Ten (§ 14-35) General Violations	Formal Written Warning	Citation $200.00	Citation: $300.00	Yes
Section Eleven (§ 14-36) Manner of Keeping	Notice to Comply, with a $250.00 citation issued if not in compliance in specified time up to 15 days	Aggravated Citation: $350.00	Aggravated Citation, with mandatory appearance: $400.00—$500.00, as set by the special magistrate	No
Section Twelve (§ 14-37) Cruelty to Animal(s)	Aggravated Citation: $250.00	Aggravated Citation: $350.00	Aggravated Citation, with mandatory appearance: $400.00—$500.00, as set by the special magistrate	No
Section Thirteen (§ 14-38) Dangerous Dog	Notice to Comply with a $100.00 citation issued if not in compliance in 15 days	Citation: $200.00	Citation: $300.00	Yes
Section Fourteen (§ 14-39) Standards of Care	Notice to Comply with a $100.00 citation issued if not in compliance upon re-inspection	Citation: $200.00	Citation: $300.00	No if violation constitutes cruelty
Sections Nine (§ 14-34) Stray Animals and Section Sixteen Impounded Animals	Notice to Comply with a $100.00 citation issued if not in compliance in 15 days	Citation: $200.00	Citation: $300.00	No
Any item not specified above	Citation: $100.00	Citation: $200.00	Citation: $300.00	Yes

 

(Ord. No. 2018-33, § 1)