§ 4-13. Enforcement of violations.

(a)

The code enforcement board and special master shall have jurisdiction to hear and decide violations of this chapter. Any person who is found to violate any of these provisions shall be punished as provided in chapter 7, article I, of this Code. The jurisdiction of the code enforcement board and special master shall not be exclusive. Any alleged violation of any of the provisions of this chapter may be pursued by appropriate remedy, whether by injunctive, declaratory or other civil sanction, at the option of the county.

(b)

Any person who has committed an act in violation of this chapter will receive a citation from the department by an animal control officer or law enforcement officer. A citation issued by an animal control officer under the provisions of this chapter shall list the procedure for the violator to follow in order to pay the civil penalty, to contest the citation, or to appear before the special master when a mandatory appearance is required as specified in the citation. Subject to the limitations now or hereafter specified in F.S. § 828.27, a mandatory special master or court appearance may be required by the issuing officer. Mandatory appearances before a special master may also be ordered by the special master as specified in this section, or as otherwise within the special master's authority.

(c)

The maximum civil penalty for a violation of this chapter shall not exceed five hundred dollars ($500.00) per violation.

(d)

If a person does not contest the citation and pays the citation within ten (10) days of issuance, that person shall be entitled to a twenty-five dollar ($25.00) reduction for each violation charged.

(e)

Any person cited for a violation of at-large, failure to vaccinate or license, wearing a forged tag, or nuisance, may elect to participate in a responsible pet ownership course offered by the department. Once the owner has registered, attended and successfully completed such course, any penalty shall be waived. The course must be completed within forty-five (45) days of issuance of the citation. This option is only available to a person one (1) time in a twenty-four (24) month period.

(f)

In the event an animal services officer investigates a complaint and finds a violation of the criminal provisions of Florida law relating to animals, the department shall, in accordance with F.S. § 828.03, assist the state attorney's office in prosecuting any such criminal violation.

(g)

General penalties as set forth in section 1-6 of the Osceola County Code of Ordinances are applicable to this chapter.

(h)

The department may require mandatory special master or court appearances for certain aggravated violations of this chapter 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 local animal cruelty laws; or violations resulting in the issuance of a third or subsequent citation to a person. The citation shall clearly inform the person of the mandatory master or court appearance. The department shall maintain records to prove the number of citations issued to the person. A person who is required to make a mandatory appearance before the special master or court does not have the option of paying the fine instead of appearing before the special master or court. All violations shall be accrued by owner, not by the individual animal.

(i)

For purposes of this chapter, the special master shall have the power to:

(1)

Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by a sheriff or other authorized persons consistent with Rule 1.410(d), Florida Rules of Civil Procedure upon request by the special master.

(2)

Subpoena records and other documentary materials.

(3)

Take testimony under oath.

(4)

Issue orders having the full force and effect of law to command whatever steps are necessary to bring a violation into compliance.

(5)

Issue orders requiring an owner to reimburse the county for any costs incurred to care for an animal.

(j)

Any aggrieved party may appeal an order of the special master, including the county, to the circuit court of the Ninth Judicial Circuit Court in and for Osceola County. Such appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special master. Any appeal filed pursuant to this chapter shall be considered timely if it was filed within thirty (30) days of the execution of the order to be appealed.

(Ord. No. 2017-49, § 1, 8-7-17; Ord. No. 2018-69, § 1, 11-5-18)