Ordinance No. 95-25-126ORDINANCE NO. 95-25-126
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 ANIMALS, TO MODIFY THE
CLASSIFICATION OF DOGS AS DANGEROUS, IN COMPLIANCE
WITH STATE LAW, TO ADD DISTURBING THE PEACE
PROVISION, TO AMEND THE RUNNING AT LARGE AND
CITATIONS AND PENALTIES SECTIONS, TO ADD A NEW
IMPOUND AND BOARDING FEES PROVISION; PROVIDING FOR
RULES AND REGULATIONS; PROVIDING FOR PROHIBITIONS;
PROVIDING FOR PENALTIES AND ENFORCEMENT;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCORPORATION IN THE CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City finds it necessary from time to time to update the ordinances of the city to
be in compliance with the current language of Florida Statutes; and
WHEREAS, updating certain ordinances is necessary to maintain efficient operations of the
Animal Control Division in order to provide equitable and professional service to all citizens of Atlantic
Beach.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF
THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Code of Ordinances Amended. Sec. 4-10. Dangerous dogs, Sec. 4-24 Running at
large, Sec. 4-27.1 Habitual Nuisance, Sec. 4.27 Disturbing the peace, Sec. 4-30 Citations authorized;
penalties provided, 4-31 Impounding and boarding fees, are hereby amended as follows:
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY
OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Chapter 4 of The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended
to read as follows:
ARTICLE I. - IN GENERAL
Sec. 4-10. - Dangerous dogs.
(a) "Dangerous dog" means any dog that according to the records of the appropriate authority:
(1) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a
human being on public or private property;
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(2) Has more than once severely injured or killed a domestic animal while off the
owner's property; Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided
that such actions are attested to in a sworn statement by one (1) or more persons and dutifully
investigated by the appropriate authority.
(b) "Unprovoked" means that the victim who has been conducting himself or herself peacefully
and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
(c) "Severe injury" means any physical injury those results in broken bones, multiple bites, or
disfiguring lacerations requiring sutures or reconstructive surgery.
(d) "Proper enclosure of a dangerous dog" means that the dog is securely and humanely
confined on the owner's property within a house, building, locked pen or other enclosure that is designed
to prevent the dangerous dog from escaping over, under or through the enclosure (the "primary"
enclosure). If the dog is maintained outside, then a portion of the owner's property must be fenced with a
secured perimeter fence of sufficient height and strength to prevent entry by the public and to prevent the
dog's escape from the owner's property if the dog escapes from the primary enclosure. Within the perimeter
fence, the dog must be humanely confined inside a primary enclosure consisting of a locked pen, kennel
or other structure of adequate size that provides protection from the elements. The primary enclosure must
have secure sides that are securely set into the ground or into a concrete pad, and it must have a secure top
attached to all sides. The primary enclosure must be locked at all times when the dog is unattended by
either the owner or a competent custodian eighteen (18) years of age or older. It is not considered a proper
enclosure to simply chain, tether or otherwise tie a dog to an inanimate object, such as a tree or post, inside
a perimeter fence.
(e) "Animal control authority" means an entity acting alone or in concert with other local
governmental units and authorized by them to enforce the animal control laws of the city, county or state.
In those areas not served by an animal control authority, the sheriff shall carry out the duties of the animal
control authority under this act.
(f) "Animal control officer" means any individual employed, contracted with, or appointed by
the animal control authority for the purpose of aiding in the enforcement of this act or any other law or
ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals
and includes any state or local law enforcement officer or other employee whose duties in whole or in part
include assignments that involve the seizure and impoundment of any animal.
(g) "Owner" means any person, firm, corporation or organization possessing, harboring,
keeping or having control or custody of an animal or, if the animal is owned by a person under the age of
eighteen (18), that person's parent or guardian.
ARTICLE II. - DOGS AND CATS
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Sec. 4-24. - Running at large.
It shall be unlawful for the owner of any animal to permit or allow the animal to run at large on
any public or private property within the city and without the property owner's consent; and
(a) such animal shall be picked up by the city or the designated authorized agent of the city and
placed in a shelter for a period of not less than three (3) days nor more than seven (7) days, except the
animal may be released sooner upon proper identification of the owner and proof of ownership. The owner
will be charged impound and boarding fees and expenses as set forth in Sec. 4-30 of this Code.
(b) the owner of the at -large animal may be fined as set forth in Sec. 4-30 for a violation of this
section.
Sec. 4-27. Disturbing the Peace.
It shall be unlawful for any person, whether owner, or anyone having charge, custody or control
thereof, to keep any animal or animals within the limits of the city which bark, meow, whine, howl or
make other sounds common to the species, persistently or continuously for a period of thirty (30) minutes
or longer when the animal or animals are not contained within an enclosure sufficient to baffle and buffer
loud noises and render them reasonably unobjectionable.
Sec. 4-30. Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the city manager shall have the
authority to issue citations to those people whose pets are found to be in violation of this article and
sections herein.
(b) Violations of this article shall be punishable by fines as follows:
General: Violations of the provisions of chapter 4, of the Atlantic Beach City Code are hereby declared to
be civil infractions for which there may be imposed by the City of Atlantic Beach or Duval County court,
a maximum fine not to exceed five hundred dollars ($500.00). Unless cited for a violation for which court
appearance is mandatory, anyone cited with a violation of this chapter shall either pay a fine as contained
within the actual section or elect a court hearing to contest the citation. An election to pay a fine in lieu
of contesting the citation in court shall be completed within the time specified below.
If a person fails to pay the civil fine within the time prescribed on the citation or fails to obtain a court
date, or having obtained a court date, fails to appear in court to contest the citation, then the person shall
be deemed to have waived the right to contest the citation. In such cases, final judgment may be entered
against the person in the maximum civil fine five hundred dollars ($500.00) allowed, which shall be
payable within sixty (60) days from the date of execution of the final judgment. The provisions of this
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section may be enforced by any and all lawful means by the city pursuant of all codes and ordinances duly
adopted by the city commission or as may otherwise be available to the city pursuant to state law and
nothing contained in this section shall prohibit the city from enforcing this section by other means set forth
in the city's codes and ordinances, provided in the statutory law of the State of Florida, or otherwise
available to the city.
Alternatively, the court may issue an order to show cause, requiring the person to appear before the court
to explain why action on the citation has not been taken. If any person who is issued such an order fails to
appear in response to the court's directive, that person may be held in contempt of court in addition to
having to pay the civil fine, court costs, and restitution, as applicable.
(1) First offense: (The current offense is "first" offense if there have been no other citations in
the preceding thirty-six (36) months.) Fifty dollars ($50.00); if not paid within fourteen (14) calendar days,
a fifty dollar ($50.00) late fee is added;
(2) Second offense: (The current offense is a second offense if there has been only one (1)
previous citation within the preceding thirty-six (36) months.) One hundred fifty dollars ($150.00); if not
paid within fourteen (14) calendar days, a fifty dollar ($50.00) late fee is added;
(3) Third offense: (The current offense is a third offense if there have been two (2) previous
citations within the preceding thirty-six (36) months.) Two hundred fifty dollars ($250.00); if not paid in
fourteen (14) calendar days, a fifty dollar ($50.00) late fee is added.
(4) Fourth and subsequent offenses: (The current offense is a fourth or subsequent offense if
there have been three (3) or more previous citations within the preceding thirty-six (36) months.) Five
hundred dollars ($500.00); if not paid within fourteen (14) calendar days, a fifty dollar ($50.00) late fee
is added.
(5) Anyone cited with a violation of this article who pays the required fines and then goes three
(3) years with no offenses shall return to the status of having no prior offenses for the purposes of this
section.
(b) The animal control officer shall have the authority to cite the owner or any person having
custody of an animal for a violation of this article when and only when:
(1) The officer has received from an adult witness a sworn affidavit attesting to the animal
having committed a violation pursuant to this article; or
(2) The animal control officer or other person duly authorized to enforce the provisions of this
chapter has witnessed the commission of a violation under this article.
Sec. 4-31. - Impound and Boarding Fees.
A thirty dollar ($30.00) fee plus [an] additional
charged for the redemption of any impounded animal.
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twenty-five dollars ($25.00) per day may be
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(a) In the event any animal has to be tranquilized with chemical capture equipment, an
additional $100.00 shall be added to the redemption fee.
(b) If a dangerous dog is impounded for running at large, then the redemption fee shall be an
additional one hundred fifty dollars ($150.00), with an additional one hundred dollar ($100.00) fee if the
dangerous dog has to be tranquilized with chemical capture equipment.
SECTION 1. Purpose and Intent. The purpose and intent of this Ordinance is to help manage the
increasing number of electric and motorized devices being used for transportation and sport on city
property and to provide for the safety of the public.
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof previously
adopted or entered by the City or any of its officials and in conflict with this Ordinance are repealed to the
extent inconsistent herewith.
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision of this
Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed severable
and removed from the remaining provisions of this Ordinance which shall remain in full force and intact.
SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 10'' day of March 2025.
PASSED by the City Commission on second and final reading this 24' day of March 2025.
ATTEST:
407 a WZa4Z
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jasont
'e Esq.
City A
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Curtis Ford, Mayor
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