Agenda Item 8AAGENDA ITEM # 8A
NOVEMBER 26, 2007
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Animal Control Ordinance Discussion
DATE: November I5, 2007
SUBMITTED BY: David E. Thompson, Chief of Police/DSP
BACKGROUND:
The City of Atlantic Beach Animal Control Ordinances include a provision in Section 4-
30 (d) (1) that provides an Animal Control Officer the authority to cite an individual for a
violation if "The officer has received from an adult witness a sworn, affidavit attesting to
the animal having committed a violation pursuant to this article...."
This provision was added to this chapter of the City Code when it was recognized that
many violations occur outside of the normal working hours of the Animal Control
Officers. Some violations occurred at odd hours, and there were occasions when no
Animal Control Officer was available to observe and verify a violation. After
recognizing this limitation, the City added language that would allow Animal Control
Officers to cite individuals based on a sworn affidavit attesting to the violation.
Initially, there was some discussion relative to the number of people required to sign an
affidavit before a citation would be issued. People tend to be hesitant to sign a sworn
affidavit making a complaint against a neighbor. As a result, the City made the decision
to authorize a citation with one (1) sworn statement. It was recognized that a contested
case would be held in front of a hearing officer or judge to make a fmal determination.
Since its adoption, this provision has been used sparingly. Since January 2007, the
Animal Control Officers have issued more than Ewo hundred (200) citations. Thirteen
(13) citations were based on citizen affidavits.
It is worth noting that the thirteen citations were not based on thirteen different
complainants. Three (3) were signed by the same individual, and several others were
signed after the same individual encouraged others to sign affidavits. Some citizens have
interpreted this as a mechanism allowing a single individual to penalize and/or harass pet
owners.
The City of Jacksonville Code requires "...two unrelated adult witnesses from different
residences..." to sign sworn affidavits attesting to a violation. This provides somewhat
of a safeguard that prevents a single individual from being able to use the City Code to
harass another person. The Atlantic Beach Animal Control Officers believe that the
provisions in the Jacksonville Code would be an improvement over the existing Atlantic
Beach Code.
AGENDA ITEM # 8A
NOVEMBER 26, 2007
If we adopt a requirement for two unrelated people from different residences to sign
affidavits, then it will make the process more cumbersome far an individual to obtain
corrective action. There may be cases when an individual is legitimately being
inconvenienced or disturbed by an animal, and s/he may not be able to convince anyone
else to sign an affidavit. In such a cases, the Animal Control Officers will not be able to
issue a citation.
Note: This section of the code deals exclusively with minor, civil violations including
noise complaints, leash law violations, failure to remove feces, and similar violations.
The more serious violations including dog bites, dangerous dog designations, and cruelty
to animals, will not be affected by changes in affidavit requirements.
Currently, there are several provisions in the Animal Control Codes that need to be
updated.
BUDGET: None
RECOMMENDATIONS: To provide guidance for staff relative to a process
for reviewing and updating the Animal Control Ordinances.
ATTACHMENTS: City of Atlantic Beach Code, Section 4-30
City of Jacksonville Co e, Section 462.302
REVIEWED BY CITY MANA
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