§ 4-28. Enforcement of violations.

(a)

Any person cited for a violation of this chapter shall be deemed to be charged with a civil infraction.

(b)

An officer who has probable cause to believe that a person has committed an act in violation of this chapter shall issue a citation for a civil penalty as specified in Section 4-29 in an amount set by resolution. Notwithstanding any provision to the contrary in this chapter, before issuing a citation for a violation of Sections 4-10 or 4-11, an officer may provide a warning notice to the violator identifying the violation of this chapter and establishing a thirty (30) day time period within which time the violation must be corrected. If, upon investigation, it is determined that the violator has not corrected the violation within the time specified, a citation may be issued to the violator. Additional warning notices need not be provided to the violator for the same violation prior to the issuance of additional citations. In addition, notwithstanding any provision to the contrary in this chapter, before issuing a citation for a violation of Section 4-3, an officer may provide a one-time warning notice to the violator.

(c)

The citation form shall include, but not be limited to, the following:

(1)

Date and time of issuance;

(2)

Name of officer and division or department issuing the citation;

(3)

Name and address of the alleged violator;

(4)

Code section that is alleged to have been violated;

(5)

Brief description of the nature of the violation, including location, date, and time of violation;

(6)

Amount of the applicable civil penalty;

(7)

Procedure either to pay the civil penalty or contest the citation;

(8)

Notice that additional citations may be issued for each day that the applicable violation is found to exist; and

(9)

Notice that failure to pay the civil penalty and failure to request an administrative hearing within ten (10) days after service of the citation shall constitute a waiver of the alleged violator's right to an administrative hearing and may result in the entry of an order against the violator and the imposition of a civil penalty for an amount not to exceed the maximum civil penalty of five hundred dollars ($500.00).

(d)

Any person willfully refusing to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the second degree, punishable as provided by Section 775.082 or 775.083, Florida Statutes.

(e)

Any person cited with a violation of this chapter may, within ten (10) calendar days of the date of receiving the citation, correct the violation and pay the civil penalty in the manner indicated on the citation or request an administrative hearing before a Hearing Officer to appeal the decision of the officer to issue the citation. If the person cited pays the civil penalty, said person shall be deemed to have waived said person's right to an administrative hearing on the issue of commission of the violation. A person pleading "no contest" and paying the civil penalty neither admits nor denies the charges but waives said person's right to an administrative hearing on the issue of whether said person committed the alleged violation. A person pleading "no contest" shall not be subject to fines as a repeat or subsequent violator; however, a plea of "no contest" need not be accepted by the County, Court, or the Hearing Officer.

(f)

In the event a dog or cat is impounded for violation of this chapter and the owner of the dog or cat abandons or surrenders the dog or cat to the Division, the owner remains liable for the civil penalties imposed for violations of this chapter. In the event the dog or cat runs away, is lost, is given away, or dies, the owner of the dog or cat shall be liable for any civil penalty imposed for violations of this chapter.

(g)

Any person who fails to pay the civil penalty or fails to request an administrative hearing to contest the citation within the time period allowed, shall be deemed to have waived such person's right to contest the citation and judgment may be entered against the person for an amount not to exceed the maximum civil penalty of five hundred dollars ($500.00).

(h)

Contested citations issued by the Division shall be processed in the Civil Division of the County Court and heard by the Division Hearing Officer. Hearings shall be governed as provided in Section 4-12.5.

(i)

Nothing contained herein shall prohibit the enforcement of this chapter by any other means.

(j)

A municipality that adopts and enforces additional regulations within the boundaries of such municipality governing the care and control of dogs and cats, other than those regulations provided for in this chapter, shall be responsible for all of the costs of the implementation and enforcement of such additional municipal regulations.

(k)

Notwithstanding any provision to the contrary in this chapter and in order to quickly reunite pets with their owners, the Division may set up a payment plan for individuals who are unable to pay the entire amount of their fees and civil penalties due pursuant to Section 40-38, Broward County Administrative Code. Upon the full execution of a payment plan agreement between the Division and the pet owner, the pet may be released to the owner. The form of the payment plan agreement shall be approved by the Director.

(l)

Notwithstanding any provision to the contrary in this chapter, applicable fees, as set forth in Section 40-38 (except Subsection 40-38(n)), Broward County Administrative Code, may be waived or reduced by the Division for individuals who meet federal low income guidelines.

(Ord. No. 87-21, § 1, 5-12-87; Ord. No. 88-76, § 4, 11-8-88; Ord. No. 95-42, § 17, 10-24-95; Ord. No. 1998-41, § 11, 11-10-98; Ord. No. 2000-19, § 1, 5-9-00; Ord. No. 2001-67, § 6, 12-11-01; Ord. No. 2013-10, § 1, 2-12-13; Ord. No. 2014-15, § 1, 5-13-14; Ord. No. 2015-37 , § 1, 9-10-15)