§ 8-24-3. Procedures applicable to summonses and animal citations.

The following shall apply as to animal and fowl summonses and citations:

A.

Citations. Whenever any citation has been issued pursuant to this title, the citation shall provide for payment within 15 days from issuance. Any person receiving such citation may appear and pay the forfeiture set herein at the city court clerk's office on or before the end of the 15-day period. If no one appears to pay the citation by the end of such 15 days, a summons shall be issued as provided for in this title, and served either by personal service or certified or registered mail as provided by law indicating the date and time for such person to appear to answer the charge in such citation. The summons shall be set upon the docket specially established for such summons by the city court judge. If such person fails to appear to answer summons before the court indicated and at the date and time provided for, the court, upon motion of the city, shall take a default judgment against the defendant in favor of the city. The amount of such default judgment shall be at least the amount of the forfeiture set for violation of such section and no more than $50.00 and cost for each violation. The summons shall be sworn to by the officer before a person designated as a city court clerk for the purpose of taking oaths approved by a majority of the city court judges. If the defendant contests the ownership of the animal or the violation of this title, he or she shall file a sworn pleading in advance of the hearing setting forth such defense or defenses so as to allow the city sufficient time to prepare for the trial.

B.

Summons. Every summons issued shall provide for an appearance date and such date shall be not less than five nor more than 15 days after the issuance of a summons. The offender shall pay by mail or shall appear at the city court clerk's office on the date set therein or at any time prior thereto and pay the forfeiture as set forth therein, or may request a trial on the date set therein. If any offender fails to appear on or before the appearance date, a docket shall be prepared, as soon as possible of all those persons failing to appear, to be called the default docket. The docket shall be presented to the court and the court shall, upon motion of the clerk, take a default judgment against the defendant in favor of the city in an amount not less than that specified by the schedule of forfeitures nor more than $50.00, plus costs, for each offense. The default docket shall be assigned in accordance with procedures established by the court rules.

C.

Procedures. Any ordinance summons issued pursuant to this chapter shall follow the procedures set forth herein in accordance with the preceding subsections A and B of this section.

(Code 1967, § 7-57; Code 1985, § 5-78; Ord. No. 3189, § 1, 3-9-1982; Ord. No. 3973, § 1, 6-26-1999; Ord. No. 5390, § 6, 1-4-2011)