§ 14-51. Violations.

(a)

All violations of this Article may be processed according to Article VIII, Chapter 2 of the Sarasota County Code of Ordinances, and per the provisions of F.S. ch. 162, pts. I and II, as may be applicable. Each day of any such violation shall constitute a separate and distinct offense. A separate and distinct offense occurs per Animal.

(b)

A Citation may be contested in the County Court.

(c)

If a Person elects not to contest the Citation, he shall pay the applicable civil penalty to the Clerk of the County Court within 30 days after issuance of the Citation.

(d)

If the Person elects to contest the Citation, he shall request a hearing through the Clerk of the County Court within 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.

(e)

If, within 30 days after issuance of the Citation, the Person neither pays the civil penalty nor contests the Citation, he shall be deemed to have waived his right to contest the Citation and, in such case, the County Court shall enter a judgment against the Person in the amount of the Citation, plus court costs, recording fees, and all surcharges required by this Ordinance. Additionally, the Court may issue an order to show cause upon the request of the County requiring such Person to appear before the Court to explain why action on the Citation has not been taken. The Court may hold in contempt any Person who is issued such order and fails to appear in response to the Court's directive.

(f)

A Person who is issued a Citation pursuant to this article does not have the option of paying the fine and is required to appear in court if:

(1)

The violation results in the unprovoked biting, attacking, or wounding of an individual or a Domestic Animal. In addition to or in lieu of a maximum civil penalty of $500.00, a Person whose Animal has bitten. attacked, or wounded a Person or a Domestic Animal may be found liable for restitution to the victim(s): Any party seeking restitution may file the appropriate civil action in the court having jurisdiction over the amount in controversy.

(2)

The violation results in the destruction of personal property.

(3)

The violation is a second or subsequent violation by the Person of Section 14-44 regarding Cruelty to Animals; or

(4)

The violation is a third or subsequent violation by the Person of the same portion of this article, whether or not it pertains to the same or different Animal(s).

The Animal Services Director shall maintain records to prove the number of Citations issued to a Person.

(g)

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. §§ 775.082, 775.083 or 775.084.

(h)

Violations of Section 14-44 may be prosecuted in the same manner as second-degree misdemeanors are prosecuted pursuant to general law.

(i)

The County or Sheriff may also enforce this article by action in equity, including injunctive or declaratory relief, in the appropriate court of competent jurisdiction.

(j)

Any person who knowingly violates any provision of this Article, including refusal to allow a law enforcement officer, animal services officer, or code enforcement officer to make an inspection of a Commercial Establishment during hours of operation after reasonable notice under this Article, shall also be punished in the same manner as a second-degree misdemeanor as provided by general law.

(Ord. No. 2015-089, § 6, 1-27-2016)

Editor's note

Ord. No. 2015-089, § 6, adopted Jan. 27, 2016, amended § 14-51 in its entirety to read as herein set out. Former § 14-51 pertained to proceedings for violations and derived from Ord. No. 95-042, § 21, adopted May 9, 1994; Ord. No. 97-044, § 1(21), adopted June 17, 1997; Ord. No. 99-020, § 3, adopted March 11, 1999; Ord. No. 2009-050, § 10, adopted Oct. 13, 2009; and Ord. No. 2010-053, § 6, adopted Sept. 15, 2010.