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As Amended by Ordinance 03-8
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| Legal Disclaimer:
This document has Ordinance 03-8 merged into the applicable sections of Ordinance 00-26
as provided for in Ordinance 03-8.
Readers are advised that the information contained within the pages of this document is
believed to be accurate. However, no claims, promises or guarantees about the accuracy, completeness,
or adequacy of the information are made. Readers are encouraged to review the official version
of all documents upon which they plan to rely.
The official recorded copy of these documents are located in the Clerk of the Circuit Court,
BOCC Records Section. Reference copies are available at public libraries and the County Attorney’s
Office.
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SECTION 34. CIVIL CITATIONS AND PENALTIES
- It shall be a violation of this Ordinance to fail to comply with any of the requirements
or restrictions contained in sections 3 through 20, 23, 25, 30, 31, 32, or 35 of this Ordinance.
- Any violation of this Ordinance is a civil infraction punishable by a maximum civil
penalty not to exceed $500.00. The amount of said penalty will be established by resolution.
- A citation from an Animal Control Officer or officer may be issued to any person believed
to have committed a civil infraction in violation of this Ordinance, based upon probable cause.
- The citation must contain the provisions required by Section 828.27, Florida Statutes
(1999), as may be amended.
- If a person who has been cited for the civil infraction does not
contest the citation, a civil penalty of less than the maximum civil penalty will be imposed;
except that mandatory appearances are required for certain aggravated violations of this
Ordinance resulting in the unprovoked biting, attacking, or wounding of a domestic animal;
violations resulting in the destruction or loss of personal property; second or subsequent
violations of the animal cruelty provisions of this Ordinance; or violations resulting in the
issuance of a third or subsequent citation to a person in any 24 month period. The citation
must clearly inform the person of the mandatory court appearance. The department shall maintain
records regarding proof of the number of citations issued to the person. Persons required to
appear in court do not have the option of paying the civil penalty instead of appearing in
court.
- If a person fails to pay the civil penalty, fails to appear in court to contest the
citation, or fails to appear in court as required for a mandatory court appearance, the court
may enter an order to show cause. 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 order fails to appear in response to the court's directive, that person may be held
in contempt of court.
- Pursuant to Section 828.27, Florida Statutes (1999), as may be amended,
the county court shall have jurisdiction over all violations of this Ordinance.
- Payment of
any civil penalties shall be made, either by mail or in person, to the Hillsborough County
Clerk of the Court within the time specified on the citation. A late fee in an amount established
by BOCC Policy shall be assessed for any civil penalty paid after the date specified on the
citation but prior to a scheduled court date.
- If a person fails to pay the civil penalty
within the specified period, or fails to appear in court to contest the citation, that person
shall be deemed to have waived their right to contest the citation. A judgment may be entered
against the person for an amount up to the maximum civil penalty.
- Notwithstanding any other
provision of this Ordinance, any person cited for a violation pursuant to this Ordinance
may have the citation dismissed if positive proof of compliance is presented to the department
as authorized by resolution.
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