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O95-38ORDINANCE NO. O95-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 4, ANIMALS AND FOWL. SECTION 4-51 OF THE CODE OF ORDINANCES, TO COMPLY WITH FLORIDA STATUTES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Florida Statute 828.27 states that a municipality may enact any ordinance relating to animal control or cruelty which is identical to the provisions of that chapter, or any state law; and WHEREAS, any violation of said ordinance would be a civil infraction, punishable by a maximum civil penalty not to exceed $500.00; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ That Chapter 4, Animals and Fowl, Section 4-51 of the Code of Ordinances, is hereby repealed in its entirety and a new Section 4-5~1 is created, as follows: Section 4-51. Violations; Notices to Appear; (a) Any violation of any provision of this Chapter of the Code of Ordinances is a civil infraction punishable with a maximum civil penalty_ not to exceed $500.00; (b) A civil penalty, of less than the maximum civil penalty_ is appropriate if the person committing the civil infraction does not contest the citation; (c) Any person who has committed an act in violation of Chapter 4 of the Code of Ordinances shall receive a citation from the animal control officer or a law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of any provision of Chapter 4 of the Code of Ordinances: (d) Any person issued a citation shall have the opportunity_ to contest the citation in the County_ Court of Palm Beach County.: (e) If a person fails to pay the civil penalty, fails to appear in Court to contest the citation, or fails to appear in Court, or willfully refuses to sign and accept a citation issued by an officer, the court may issue an order to show cause upon request of the governing body of the City_. 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. ~ Any ~rson who willfully refuses to sign and accept a citation issued by an officer is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 and Section 775.083. Florida Statutes. g} A surcharge of $5.00 is imposed for each civil penalty, imposed for violation of Chapter 4 of the Code of Ordinances. The proceeds of such surcharge shall be used to pay the costs of trainino for animal control officers. Section 5. This Ordinance shall be applicable within the municipal boundaries of the City of Boynton Beach, Florida. ~ All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. ~ Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. ~ Authority is hereby given to codify this Ordinance. Section 9.. This Ordinance shall become effective immediately upon passage. FIRST READING this ?~' day of October, 1995. SECOND, FINAL READING AND PASSAGE this ?' day of November, 1995. ATTEST: lerk CITY OF BOYNTON BEACH, FLORIDA Mayor ' Vice Mayor May, Pro Tom (~O/~1t lissioner/ / ~"~mrnissione/' Animal. Con BBPD 9/22/95