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Home My WebLink About24-025 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5374390 08/15/2024 04:36:25 PM DR BOOK 5192 PAGE 1764-1768 Doc Type:ORDN RECORDING: $44.00 ORDINANCE NO. 24-025 AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS" OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY AMENDING SECTION 6-19 "DEFINITIONS" AND SECTION 6-29 "ENFORCEMENT AND PENALTIES; MANDATORY COURT APPEARANCES" TO PERMIT SERVICE OF PROCESS OF CITATIONS VIA CERTIFIED MAIL; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County has the power to adopt ordinances necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, pursuant to Section 828.27(2), Florida Statutes, the Board of County Commissioners of St. Lucie County is authorized to enact ordinances relating to animal control or cruelty; and, WHEREAS, Chapter 6, "Animals", of the St. Lucie County Code of Ordinances provides for the regulation and control of animals in the unincorporated areas of St. Lucie County; and, WHEREAS, it is necessary to amend Chapter 6, "Animals," Section 6-19 and Section 6-29 to include an additional method of service of citations to violators. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 6, "ANIMALS", SECTION 6-19, DEFINITIONS IS HEREBY AMENDED AS FOLLOWS: Section 6-19. - Definitions. Citation means a written notice issued to a person by an officer who has probable cause, based upon direct evidence, observation, or a sworn affidavit from a witness, to believe that the person has committed a civil infraction in violation of this chapter and the County Court will hear the charge. A citation 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 department shall send a violation letter along with the citation via certified mail to the violator. Failure to accept delivery of the certified letter and citation shall be considered a willful refusal to sign for and accept issuance of the citation. The citation shall contain: 1 Added language is underlined. Deleted language is struckgh. (1) The date and time of issuance. (2) The name and address of the person. (3) The date and time the civil infraction was committed. (4) The facts constituting probable cause. (5) The ordinance or Code section violated. (6) The name and authority of the officer. (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court as required pursuant to section 6-29. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, then he the person shall be deemed to have waived his or her right to contest the citation and that, in such case, he may be held in contempt of court and/or judgment may be entered against the person for an amount up to the maximum civil penalty. (11) A conspicuous statement that if the person is required to appear in court as mandated by section 6-29, he or she does not have the option of paying the fine in lieu of appearing in court. PART B. CHAPTER 6, "ANIMALS", SECTION 6-29 "ENFORCEMENT AND PENALTIES; MANDATORY COURT APPEARANCES" IS HEREBY AMENDED AS FOLLOWS: Section 6-29 — Enforcement and Penalties; Mandatory Court Appearances. (a) A off'r h ha r rr babl eause to believe that a nA n haS aw a l;it*nm „{ ksue eitatien t„ that An animal control officer is i�'�rcrcrvrr'vr�rJ"Yrrt+Eii�r"C�7Tr77t1�cTcrcGl�vrf-cv crnTrP ei 7y i r. authorized to issue a citation to a person when the animal control officer hasrobable cause based u on direct evidence, observation or a sworn affidavit from a witness to believe that the person has committed a civil infraction in violation of this cha ter and the County Court will hear the char g. An animal control officer based u on the individual circumstances and available facts includin an known histor Prior to issuing a citation, may issue a warning citation containine an explanation of the circumstances and recommended corrective action and establishing a reasonable time �)eriod in which the person must correct the violation. If a warnin citation is issue animal control officer will . erform a follow-uo investigation to determine whether the situation still exists. (b) A citation 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 de artment shall send a violation letter alon with the citation via certified mail to the violator. Failure to accept delivery of the certified letter and citation shall be 2 Added language is underlined. Deleted language is StFU .I( +hr, Ugh considered a willful refusal to sin for and accept issuance of the citation. The determination that violation has occurred may be the result of the officer's own investigation or as the result of complaint by an aggrieved person. (c) Any person who willfully refuses to sign and accept a citation issued by an officer is declared to be guilty of a criminal offense and misdemeanor within the meaning of F.S. § 775.08, and punishable as provided by law. (d) It shall be a violation of this article for any person to knowingly hinder, resist, or oppose any officer or employee of the animal control division in the performance of their duties under this article or to knowingly interfere with any animal trap set by such officers or employees or to molest or release any animal caught therein. (e) The commission of a charged infraction at a hearing authorized pursuant to this article must be proven by a preponderance of the evidence. Any violation of this article constitutes a civil infraction and may be punishable by a civil penalty not to exceed $500.00, or as otherwise provided in this article. Penalties for violation of specific sections of this article shall be established by resolution of the board of county commissioners. If the person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed. In accordance with F.S. § 828.27(4)(b), the amount of any civil penalty assessed pursuant to this article shall be increased by $5.00 for the purpose of funding the cost of training county animal control officers. Any citation may be contested in county court. (f) Each day or fraction thereof during which a violation of this article continues shall be considered as a separate offense. (g) It shall be mandatory for an owner of an animal to appear in court under the following circumstances: (1) When any violation of this article results in the unprovoked biting, attacking, or wounding of a domestic animal. (2) When any violation of this article results in the destruction or loss of personal property. (3) When an owner or person is cited with a second or subsequent violation of any part of section 6-26, except for subsections (f) and (h) of said section (4) When a person is cited with a third or subsequent violation of any part of this article. (h) If any person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required herein, the court may issue an order to show cause. The order shall require such persons 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. PART C. SEVERABILITY AND APPLICABILITY. 3 Added language is underlined. Deleted language is `tFur;I. thFe6i ,h If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Cathy Townsend, Chair AYE Commissioner Chris Dzadovsky, Vice Chair AYE Commissioner Linda Bartz AYE Commissioner Larry Leet AYE Commissioner Jamie Fowler AYE PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through G shall not be codified. 4 Added language is underlined. Deleted language is `*r"^L +h.-. Ugh. PASSED AND DULY ADOPTED this 6th day of August, 2024. ATTEST: Deputy Clerk 5 Added language is underlined. Deleted language is StFuGk thFo gh BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLO IDA BY: L Chair a a ff APPROVED Tb ORM AND CORRECTNES j BY: County Attor, ey" PLORIDA DEPARTMENT 0 STATE r RON DESANTIS Governor August 14, 2024 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 24-025, which was filed in this office on August 14, 2024. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270