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800K� i•� <br />TO: The Board of County DATE: December 5, 1984 FILE: <br />County Commissioners <br />SUBJECT: <br />PROPOSED SPECIAL ACT <br />PROVIDING CITATION AUTHORITY TO <br />FROM: Christoph r KJ. Paull REFERENCESANIMAL CONTROL OFFICER <br />Assistant County Attorney <br />BACKGROUND <br />As revised in 1983, the County's Animal Control Ordi- <br />nance established a variety of enforcement mechanisms including both <br />an appearance before the Code Enforcement Board (triggered by a <br />notice"from the Animal Control Officer) or an appearance in County <br />Court (triggered by issuance of a "Notice to Appear" by a law <br />enforcement officer). After adoption of the ordinance, the Attorney <br />General's Office issued an opinion stating that the Code Enforcement <br />Board lacked jurisdiction to enforce animal control and similar <br />non-technical ordinances. In light of this opinion, the only viable <br />method of enforcement against difficult violations involves the <br />animal control officer summoning a deputy or city policeman to the <br />scene and convincing him to issue a Notice to Appear in County Court. <br />This is a cumbersome and often futile process, given the nature of <br />some animal control violations. The ideal situation would be vesting <br />the animal control officers themselves with the authority to directly <br />issue the Notice to Appear in County Court. <br />General Florida Law presently limits the authority to issue <br />a Notice to Appear in County Court to certain described "law enforce- <br />ment officers." The County does not have the authority to adopt an <br />ordinance vesting.its animal control officers with this authority, in <br />the absence of some special legislation from the state. <br />REQUESTED ACTION <br />It is requested that the Board authorize staff to prepare <br />and present to the legislative delegation a proposed special act <br />which would provide animal control officers with the status of law <br />enforcement officers for the limited purpose of issuing Notices to <br />Appear in County Court to violators of the County's Animal Control <br />Ordinance. <br />Attorney Paull emphasized that the big problem with the <br />present set-up is that getting a violator in court requires the <br />police officer to witness that actual violation, and that is why <br />the Animal Control Officer needs the ability to cite people on <br />the spot. He noted that there is a December 14th deadline, and <br />he would like to have this prepared and delivered to Represen- <br />tative Patchett. <br />58 <br />