§ 6-42. Violation; penalty.

(a)

It shall be unlawful for any person to hinder or prevent the performance of any act duly authorized or required by this ordinance. Except as otherwise specified in section 6-42(f), a violation of any provision of this ordinance is a civil infraction with a maximum fine of $500.00 per day. The department head, the animal control officer, or a law enforcement officer finding probable cause that a person has committed an act in violation of this ordinance, may proceed under section 6-40.

(b)

A fine imposed pursuant to this section shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a repeat violation.

(c)

The department head or his designee may record a certified copy of an order imposing a fine (including costs of prosecution) in the public records of Putnam County, Florida, which shall constitute a lien against the land on which the violation exists, and upon any other real or personal property owned by the violator. Such order may be enforced in the same manner as a court judgment, including levy against the personal property of the violator. Such lien shall be superior to any mortgage, lien or other encumbrance created or recorded subsequent to the recording of such lien. A fine imposed pursuant to this section shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed hereunder, whichever occurs first.

(d)

The special magistrate may take one or more of the following actions in nuisance or dangerous dog cases:

(1)

Require the owner to install measures that will keep the offending dog from being a public nuisance or contain the dangerous dog; or

(2)

If found to be a dangerous dog, the special magistrate may require the dog be euthanized.

(e)

The board of county commissioners may reduce a fine imposed pursuant to this section.

(f)

Any aggrieved party, including the board of county commissioners, may appeal a final administrative order pursuant to F.S. § 162.11. An appeal must be filed within 30 days of the execution of the order being appealed. The county may assess a reasonable charge for the preparation of the record to be paid by the petitioner in accordance with F.S> § 119.07. A copy of all documents filed by the aggrieved party with the court shall also be served upon the department head.

(Ord. No. 2018-09 , 6-12-2018)