§ 10-17. Proceedings for violations.

(a)

An officer who has probable cause to believe that a person has committed an act in violation of this chapter may issue a citation to the person.

(b)

A citation may be contested in the county court.

(c)

If the person elects not to contest the citation, he shall pay the applicable civil penalty within 15 days after issuance of the citation.

(d)

If the person elects to contest the citation, he shall request a hearing within 15 days after issuance of the citation. The clerk of the county court shall schedule a hearing in the county court and shall provide written notice of the hearing to the person and the officer.

(e)

If the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(f)

If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court, as required by this chapter, the court may issue an order to show cause upon the request of the city council. 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.

(g)

Mandatory court appearance shall be required for:

(1)

Second or subsequent violations of this chapter relating to animal cruelty; or

(2)

Violations resulting in the issuance of a third or subsequent citation to a person.

(h)

Persons required to appear in court do not have the option of paying the fine instead of appearing in court.

(Ord. No. 1992-31, § 18, 12-15-92)