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Agenda Item 8CAGENDA ITEM # 8C MAY 13, 2013 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: City Ordinance Chapter 4 revisions DATE: April 11, 2013 SUBMITTED BY: Michael D. Classey, Chief of Police SRATEGIC PLAN LINK: N/A BACKGROUND: Staff determined that it has been 10 years since the last revision of the Animal ordinances currently in effect. Based upon this, a comprehensive review was initiated. The evaluation identified several areas of the ordinance which should be updated. A summary of the changes are as follows: 1. Definitions section was added 2. 4 -2 definition of performance of duties expanded 3. 4 -3 changed to define an ACO's authority to enter private property 4. 4 -11 adds authority to impound animals for continued non compliance. Adds sterilization requirement for dangerous dogs. 5. Daily impound fee increased from $7 to $20 (this barely covers the city cost to board the pet) 6. 4 -28 added a Habitual nuisance violation 7. 4 -29 expanded the list of items that constitute neglect 8. 4 -30 added requirement for current vaccinations 9. 4 -31 updated fine structure as follows: a. First from $25 to $50. Late from $50 to $75 b. Second from $100 to $150. Late from $150 to $250 c. Third $250 stayed the same. Late stayed the same at $500 d. Fourth and subsequent was added. Fine of $500 10. A number of the sections in the ordinance did not have any fine amount indicated which was very problematic when enforcing that violation. It has been 10 years since the last change in any fine or fee, A historical listing is provided below. 1, 1986 — Fines initially set at $25, $40 and $75 AGENDA ITEM # 8C MAY 13, 2013 2. 1998-2 d offense went from $40 to $100. 3`d and subsequent from $75 to mandatory appearance. Added the $7 per day impound fee 3. 2001 — went from mandatory appearance on 3`d offense to $250 4. 2003 — increase initial impound fee from $20 to $30 Staff has been involved in a number of dangerous dog hearings over the past year or so. It has become very common for the dog owners to retain legal counsel to represent them at these hearings. The city usually has an attorney as well. There are a number of legal matters argued at the hearing such as motions, objections, hearing procedures and rules of evidence. For these reasons, staff recommends having a Special Magistrate preside over these cases rather than the Code Enforcement Board. The other Duval County agencies have already adopted this hearing procedure. A minor revision to Chapter 2 would be required to give the authority to a Special Magistrate to hear the dangerous dog cases. The estimated average cost per hearing is approximately $500.00 BUDGET: The estimated annual budget would be $2,500.00 RECOMMENDATIONS: To introduce the proposed revisions to Chapter 4 and Chapter 2 Sections 2 -146 and 2- 146.1for First Reading. ATTACHMENTS: Draft of proposed ordinance Chapter 4 and Chapter 2 Sections 2 -146 and 2- 146.1. REVIEWED BY CITY MANAGER: AGENDA ITEM # 8C MAY 13, 2013 Chapter 4 ANIMALS* *Cross references: Riding of animals in beach safety zone, § 5-17; occupational license tax on kennels, § 20-59. State law references: Game and freshwater fish, F.S. Ch. 372. Art. I. In General, §§ 4-1--4-20 Art. 11. Dogs and Cats, §§ 4-21-4-30 ARTICLE I. IN GENERAL Sec. 4-1. Animal control enforcement. The provisions of this chapter shall be enforced by the animal control officer(s), police officer(s), and code enforcement officer(s) of the city. the _powers and authority c qnLe-dundq-r this chapter shall be supplemental tc� the p ©veers and authorit already prcvided for by --- - L Florida ,Statutes relating to local animal control re (Ord. No. 95-96-66, § 1, 5-28-96) Editor's note: Section 1 of Ord. No. 95-96-66, adopted May 28, 1996, amended § 4-1 to read as herein set out. Prior to such amendment, § 4-1 pertained to the appointment of the animal control officer and derived from § 4-6(a) of the 1970 Code. I Sec. 4-1.1 Definitions terms for the purposes of this Chapter tike follcawin shall have the following definitions unless the context clearly rewires otherwise. �� AIlov�r or hermit in additi ®n t® their common meanings, shall slap include any failure to take reasonable a in in an activit prohibited by this �ha ter. fib). animal rrleans an live vertebrate creature inclining mammals, birds, reptiles, a in F S. 3 2 8. �O2. /fit lar e means that an animal is off the ro ert of its ®weer unless restrained _by_leash or tether of twelve feet or less in length, or ether physical con e animal is under the physical control Lfa responsible person, and ( the animal has AGENDA ITEM # 8C MAY 13, 2013 ems. Business day means Fonda throu h Frida but excluding official holidays recognized fhe CitlJnless a provision in this Chapter specifically refers to "business" d any reference to ' °dashall mean a calendar dad. ffL Cat means all domestic felines. (g). Control means the provision ®wnershi care and /or custody of an animal or animals (see "Physical Control" definition . (h). Cruelty rn as provided in F.C. Ch. 828. (i) Curtilage means the enclosed land or Vard surrounding a house or dwelling. fiL. ®o means all members of fhe canine famil that are domesticated. (k). domestic means tame usual) b ienerations of bi :` d n and livin in cl ®se association with humans as a pet or work animal in such a way that creates a de endencv on humans so that the animal loses its abilitv to live in the wild._ fIL_ Enclosure or Outdoor Enclosure means any structure with at least three walls a roof, (m). Harbor means the act of caries for and keeping an animal or the act of providing a fg ise or residence to which the animal returns for food shelter or care fora period of at least fen days, or at theoint where the caregiver is providin the brim ary source of sustenance for the animal- whichever time is shorter. (n). Nuisance means an 1 act erformed oi permitted to occur including permitted b lack of reasonable and appropriate action /control re uired for reventi j_ Which iniures or presents another from en o in his /her le�ai richs in particular, the creation of AGENDA ITEM # 8C MAY 13, 2013 conditions lncludinc created b I ack of reaanable end aprcprlafe acfion /ccntrc! required for prevenfion) leadin to the excessive breedonq of flew or dies, odors or_ noises and other obnoxious circumstances caused lhe keepinq of animals. (p). Person means any individual person, firm, cearJnra$ ion or other entity. The knowledge and acts of agents and eLnpjoy ees of a firm, corporation or other entity, with regard to the treatment of animals owned, in the custody of or transporked bV such firm c d e and acts of the firm corporation ar other entitV.� (g).'hsical Control means adequate domination or power to influence /oppress the actions (r). Quarantine or tenada uarantine means q finis an animal for ok�servation of any mtoms of rabies which confinement is t�picallV for a ten®da r time period from the date_ of the bite scratch or other otential rabies exposure�unless a longer time period is required pursuant to Ctate regulations and uide{ines. L�J® Rabies means an acute fatal infectious disease of the central nervous system that is transmitted when the virus is introduced into bite wounds o en cuts in skin, or onto mucous membranes. (u). �trameans any animal that is found to be at ®large whether lost k� its owner or otherwise or that is on the common areas of rtments condominiums trailer parks or other multi - residential remises and that does n ®t have an identification to and for which there is no identifiable owner. AGENDA ITEM # 8C MAY 13, 2013 �v). sufficient Food means access to the groper food for the species of animal on a regular, ongoing basis in quantities sufficient to maintain a re�c ular body wei ht. animals under active current veterinary care may deviate from this baseupon the €;xpertise of a licensed veterinarian. (w). sufficient Water rrleans access to clean freshp ®table water of a drinkable temperature on a regular, onc� basis that is provided in a suitable manner and in sufficient volume. (x). �ransp ®rtinct means shi inct, tans oriin carr in im ortin ex ortin rec�or deliverinfor shipment, transportation, carriage or exhort. Ly1. Vaccination lainst rabies means the lor, er administration of anti - rabies inoculation or vaccination by __p veterinarian licensed by the state board of veterinary medicine. Veterinarian means an individual who is licensed to enge in the practice of veterinary medicine in Florida. (a a) Wholesome exchange of air means sufficient ventilation or other means of air exchange ade uate to prevent the accumulation of noxious odors and limit airborne disease transfer and PROVIDE provide adequate air movement in /through fhe structure Sec. 4 -2. Interfering with f e e for noe of duties. (Code 1970, § 4 -6(b); Ord. No. 95- 96 -66, § 1, 5- 28 -96) AGENDA ITEM # 8C MAY 13, 20I3 dwelling without the ®wner's or the resident'serrrrission, or without �nrarrant or under other authority. Sec. 4-4. City designated bird sanctuary, trapping, hunting, molesting, etc., of birds prohibited; exception. (a) The entire area embraced within the city is hereby designated as a bird sanctuary. (b) It shall be unlawful to trap, hunt, or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the proper health authorities of the city, then the health authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are found to exist in the city, after having given at least three (3) days' actual notice of the time and place of the meeting to the representatives of the clubs. (c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such number and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. d �,n violations of this section rrra be re orted to Florida Wildlife Conservation C n. LeE Violations of this section are unishable bra fine not exceeding SdQ. (Code 1970, § 4 -1; Ord. No. 95 -11 -104, § 1, 9- 26 -11) Editor's note: Section 1 of Ord. No. 95 -11 -104, adopted Sept. 26, 2011, changed the title of § 4 -4 from "City designated bird sanctuary; shooting, molesting, etc., of birds prohibited; exceptions" to "City designated bird sanctuary, trapping, hunting, molesting, etc., of birds prohibited; exception." Sec. 4 -5. Cruelty to animals. (a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate or kill any animal or cause or permit either of such offenses to be committed. (b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison to any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. (c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits of the city. (d) It shall be unlawful to carry any animal in or upon any vehicle in an inhumane way so as not to provide for protection, safety and comfort of the animal. (1) It shall be unlawful to carry an animal in the back of an open vehicle without being safely tethered to avoid injury and without protecting the animal from extreme weather conditions. (2) It shall be unlawful to leave an animal unattended in a vehicle in a way that AGENDA ITEM # 8C MAY 13, 2013 endangers the health or well -being of the animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering or death. (a) A Law Enforcement Officer (LEO) or Animal Control Officer (ACO) who finds an animal in a vehicle as described in (1) and (2) above may enter the vehicle by usinq the amount of force reasonably necessary to remove the animal A LEO or ACO who acts in substantial compliance with the provisions of this section shall be immune from civil and criminal liability; and the City shall also be held immune from civil liability. (e) Any act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue to an animal when there is reasonable remedy or relief shall be considered cruelty, and is unlawful under this section. (f) A violation of this section is punishable by a fine of $500. (Code 1970, § 4 -7(a); Ord. No. 95- 08 -95, § 2, 3- 27 -08) State law references: Cruelty to animals, F.S. Ch. 828. Sec. 4-6. Reserved. Editor's note: Section 3 of Ord. No. 95- 96 -66, adopted May 28, 1996, repealed § 4 -6 in its entirety. Formerly, § 4 -6 pertained to nuisance animals and derived from § 4 -7(d) of the 1970 Code; Ord. No. 95- 88 -33, § 1, adopted April 25, 1988; and Ord. No. 95- 91-49, § 1, adopted June 10, 1991. Sec. 4 -7. Keeping or maintaining certain animals in the city. (a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle, chickens, poultry, or goats in the city, except for in special events, as approved by the city manager. (b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of providing human companionship and which is in compliance with all other applicable provisions of this Code. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: (1) Ownership of a pig or other swine animal as a household pet is prohibited, except if such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six (6) weeks of age, weighs no more than one hundred twenty -five (125) pounds, measures no more than twenty -two (22) inches in height to be measured to the top of a front shoulder, is spayed or neutered, is registered with a purebred registry which is recognized as bona fide by the animal control officer and is kept as a household pet for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter "pet potbellied pig," shall be regulated by the provisions of this part. (2) No household shall own or keep more than one (1) pet potbellied pig. (3) Every pet potbellied pig shall be maintained primarily within the residence of its AGENDA ITEM # 8C MAY 13, 2013 owner. No pet potbellied pig shall be kept out -of- doors. Every pet potbellied pig may be exercised from time to time within a securely fenced enclosure on the owner's residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Pursuant to section 4 -24, which is hereby made applicable to this part, no pet potbellied pig shall run at large. (4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose of stunting its growth of having it conform to the weight or height provisions in subsection (1) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which are not superseded by specific provisions of this part, are hereby declared to pertain to pet potbellied pigs, as defined and regulated under this chapter, with the following provisions: a. There shall be no required annual inoculation against rabies for such pigs, but written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that such pig has, within thirty (30) full business days before such application, been inoculated against and /or been blood- tested, with negative results, for pseudorabies and for brucellosis; b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter 4, but shall be subject to the provisions of Chapter 10D -3, Florida Administrative Code; C. Every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that such pig is spayed or neutered and was, within thirty (30) days before such application is made, in compliance with this section's age, weight and height provisions; d. Every application for annual license for a pet potbellied pig shall be accompanied by a sworn affadavit signed by the applicant to the effect that such pig is and shall be, for as long as it is owned by such applicant and regulated under this part, the sole pet potbellied pig owned or kept in such applicant's household; e. Before application for annual license for a pet potbellied pig is made, the owner of such pig shall allow the animal control officer a reasonable and timely opportunity to examine such pig and its bona fides as a registered potbellied pig pursuant to subsection (1) above for the purpose of ascertaining that such pig is a true miniature Vietnamese potbellied pig; and f. The animal control officer shall have the authority to refuse application for annual license for any pig which it deems not to be identifiable as a true miniature Vietnamese potbellied pig. (6) No potbellied pig regulated by the provisions of this part shall be maintained or AGENDA ITEM # 8C MAY 13, 2013 used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade or gift of such pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the animal control officer or to the Jacksonville Humane Society, or by humane euthanasia to be administered by the animal control officer, the Jacksonville Humane Society, or a licensed veterinarian. Failure to comply with any provision of this section shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treatment of animals and which are not superseded by any specific provision of this part shall apply to the ownership of pet potbellied pigs as regulated under this part. (Code 1970, § 4 -7(e), (f); Ord. No. 95- 88 -33, § 1, 4- 25 -88; Ord. No. 95- 93 -57, § 1, 6- 28 -93; Ord. No. 95- 96 -66, § 1, 5- 28 -96) Sec. 4 -8. Legislative findings. (Sections 4 -8 through 4 -10 consistent with F.S. 767.10 -- 767.16.) The legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing laws inadequately address this growing problem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. (Ord. No. 95- 99 -70, § 1, 6- 28 -99) Editor's note: Section 3 of Ord. No. 95- 96 -66, adopted May 28, 1996, repealed § 4 -8 in its entirety. Formerly, § 4 -8 pertained to the removal and disposal of dead animals and derived from § 4 -7(h) of the 1970 Code. Ord. No. 95- 99 -70, § 1, adopted June 28, 1999, added new provisions as § 4 -8 to read as herein set out. Sec. 4 -9. Injuries caused by animals. (a) If an animal is off of the property of its owner or of the property of the person who has custody of the animal and the animal attacks and injures any person or other animal, the owner or person in custody of the animal shall be guilty of a violation of this article._ (b) Violations of this section are punishable by a fine of $500.00 (Ord. No. 95- 96 -66, § 2, 5- 28 -96) Sec. 4 -10. Dangerous dogs. (1) "Dangerous dog" means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property; (b) Has severely injured or killed a domestic animal while off the owner's property; AGENDA ITEM # 8C MAY 13, 2013 (c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (d) 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. (2) "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. (3) "Severe injury" means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. (4) "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. (5) "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. (6) "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. (7) "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. (8) it shall be unlawful fer a , keepeF of any ViGiGus deg to permit GUGh deg to at large or _t the enulesuFe of the owner oF keepeF thereef within the GC)Fporate limits of the Gity without beiRg properly muzzled. Any dGg known to have bitten any persom is; hereby defined as a "ViGiGus deg" but the term "ViGiGu6 d9g" all not -he (Ord. No. 95- 98 -69, § 1, 10- 26 -98; Ord. No. 95- 99 -70, § 1, 6- 28 -99; Ord. No. 95- 08 -95, § 1, 3- 27 -08) AGENDA ITEM # 8C MAY 13, 2013 Sec. 4 -11. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. (1) (a) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation that_ — i &—r4 stma be impounded with the animal control authority. If the subject doh is not im oundgd, it -shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. If the dog is within a private residence and the occupant of the residence or the owner of the sus acted dan emus do refuses t® surrender it after a request by a LEO or ACO the animal control authority mad obtain, from court of competent juridicti ®n warrant to seize the d ®q. failure to surrender the do upon request of the animal control officer is a violation of this section subject to a K500 fine and /or an a �alicable criminal penal defined in State Law. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. (b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (c) After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of Chapter 48 relating to service of process. The owner may file a written request for a hearing within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty -one (21) calendar days and no sooner than five (5) days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph. (d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within ten (10) business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph. AGENDA ITEM # 8C MAY 13, 2013 (e) The owner of the dangerous dog shall be responsible for payment of all boarding fees if their dog has been impounded during the investigation hearing or any appeal. (2) Within fourteen (14) days after the dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, that shall include at a minimum the follawin information: name address and telephone number of the dog's ownersfhe address where the dog is harbored if different from the owner's address- a complete identification of the dog includinrsex color and am distinguishing physical characteristicsa color photograph of the dog. The certificate shall be renewed annually. The annual cost for such certificate of registration shall be one hundred dollars ($100.00). Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least eighteen (18) years of age and who present to the animal control authority sufficient evidence of: (a) A current certificate of rabies vaccination for the dog. (d) Liability insurance in the amount of at least three hundred thousand dollars ($300,000.00), or a surety bond on said dog of at least three hundred thousand dollars ($300,000.00), which bond shall obligate the owners of any such dog to pay to the City of Atlantic Beach and to any person injured by such dog any damages and expenses incurred as a result of the conduct of such dog or its owners. e) The owner is responsible for payment of all boarding fees Burin, the time it takes to complete these requirements. If the owner does not comply with all the In the event the owner elects to submit proof of the required liability insurance rather than a surety bond, then in that event the owner must also submit proof that the owner has notified its liability insurance company, in writing, that the AGENDA ITEM # 8C MAY 13, 2013 owner's dog has been classified as dangerous, together with written proof from the insurance company that it has been so notified and that there are no exceptions or exclusions in the insurance policy for dog bites or dangerous dogs. ��¢ at� py -t:Eh -�,° �� of v'ea f7l t"++"4�'[ C` ` 'I i tra 5'r (3) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous: (a) Is loose or unconfined. (b) Has bitten a human being or attacked another animal. (c) Is sold, given away, or dies. (d) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction. (4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. No dangerous does shall be chained tethered or nther�ise tied to any inanimate ®b'ect such as a tree ost or buildin that is outside its pro or enclosure. (5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting /retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes. (6) This section does not apply to dogs used by law enforcement officials for law enforcement work. ti} Any person who violates an revision of this section is uilt caf a noncriminal infraction. punishable by a fine of 5ClC�, ®a. (8) After a determination by the City that a dog is a dangerous dog, regardless of whether the owner has requested a hearing before the Special Magistrate or has filed an appeal to the county court if the owner fails to comply with the requirements of this Chapter after proper notice has been given then the dog shall be impounded by the City and held pending final determination by the Special Magistrate and subsequent appeal, if AGENDA ITEM # 8C MAY 13, 2013 any, to the county court. (Ord. No. 95- 99 -70, § 1, 6- 28 -99; Ord. No. 95- 03 -85, §§ 1, 2, 10- 13 -03; Ord. No. 95- 06 -90, § 1, 4- 10 -06; Ord. No. 95- 08 -95, § 3, 3- 27 -08) Sec. 4 -12. Attack or bite by dangerous dog; penalties; confiscation; destruction. (1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. § 775.082 or 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This 10 -day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten -day period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083. (3) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082, 775.083, or 775.084. In addition, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under F.S. § 767.12, and thereafter destroyed in an expeditious and humane manner. This ten -day time period shall allow the owner to request a hearing under F.S. § 767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (4) If the owner files a written appeal under F.S. § 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending. (5) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. (Ord. No. 95- 99 -70, § 1, 6- 28 -99) Sec. 4 -13. Bite by a police or service dog; exemption from quarantine. Any dog that is owned, or the service of w agency, or any dog that is used as a service dog persons, and that bites another animal or human is following such bite if the dog has a current rabies licensed veterinarian. (Ord. No. 95- 99 -70, § 1, 6- 28 -99) AGENDA ITEM # 8C MAY 13, 2013 rich is employed, by a law enforcement for blind, hearing impaired, or disabled exempt from any quarantine requirement vaccination that was administered by a Sec. 4 -14. Severe injury by dog; impoundment; destruction. Whether or not a dog has been previously classified as a dangerous dog, if a dog attacks a human, causing severe injury to or the death of the human, then an animal control officer shall be authorized to immediately impound the dog, placing it in quarantine, or otherwise impounding it for ten (10) business days. Thereafter, the dangerous dog may be destroyed in an expeditious and humane manner. If, prior to the ten -day time period, the owner notifies the animal control authority in writing of the owner's intent to challenge animal control authority's decision to destroy the dog, the animal control authority shall continue to impound the dog so long as the owner either posts bond, or pays by certified check payable to the city the estimated costs associated with impounding the dog, as estimated by the animal control authority. To appeal the animal control authority's final decision, the owner must file a written request for a hearing in the county court within ten (10) business days after the animal control authority's final written decision to destroy the dog. The owner shall be responsible for payment of all boarding costs, medical costs and other fees and charges associated with the animal control maintaining the dog, regardless of the outcome of any proceeding. Exceptions: This section shall not apply to police dogs, and it shall not apply to incidents when the human victim was engaging in criminal behavior, or when the human victim provoked and /or taunted the dog into attacking. (Ord. No. 95- 08 -95, § 2, 3- 27 -08) Sec. 4 -15. Abandoning animals. It shall be unlawful for any person to abandon an animal. For purposes of this section, it shall be considered abandonment if an animal is: (a) Left upon or beside any street, road or other public property, or (b) Left on private property; or (c) If a maimed, sick, infirm or diseased animal is forsaken entirely and left to die. A violation of this Section shall su sect the viclaitor to a civil fine of up 19 $500 per animal. (Ord. No. 95- 08 -95, § 2, 3- 27 -08) Secs. 4-16--4-20. Reserved, ARTICLE II. DOGS AND CATS* *State law references: Right to be accompanied by dog guides in public accommodations, AGENDA ITEM # 8C MAY 13, 2013 F.S. § 413.08; damage by dogs, F.S. Ch. 767. Sec. 4-21. Definitions For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. Any person who feeds, maintains, keeps, or assists in the welfare of an animal which is considered to be a stray or feral animal, accepts the role as the animal's owner. As such, the person is responsible for compliance with all local and state laws. The only exception to this is registered organizations who offer temporary care for stray animals. Vaccination against rabies shall mean the proper administration of antirabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. (Code 1970, § 4 -2; Ord. No. 95- 98 -69, § 1, 10- 26 -98) Cross references: Definitions and rules of construction generally, § 1 -2. Sec. 4-22. Reserved. Editor's note: Ord. No. 95- 03 -85, § 3, adopted October 13, 2003, repealed former § 4 -22, which pertained to registration and tagging required, and derived from § 4 -3 of the 1970 Code, Ord. No. 95- 86 -30, § 1, adopted July 28, 1986, Ord. No. 95- 88 -33, § 2, adopted April 25, 1988, and Ord. No. 95- 98 -69, § 1, adopted October 26, 1998. Sec. 4-23. Reserved. Editor's note: Section 3 of Ord. No. 95- 08 -95, adopted Mar. 27, 2008, repealed § 4 -23, which pertained to impoundment of unregistered dogs and cats and derived from § 4-4(a) of the 1970 Code; Ord. No. 95- 86 -30, adopted July 28, 1986; Ord. No. 95- 88 -33, adopted Apr. 25, 1988; Ord. No. 95- 92 -51, adopted Feb. 10, 1992; Ord. No. 95- 98 -69, adopted Oct. 26, 1998; and Ord. No. 95- 03 -85, adopted Oct. 13, 2003. Sec. 4 -24. Running at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or to be found running at large on any of the public streets, parks, playgrounds, alleys, beaches or vacant lots in the city and such dog or cat 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 and upon the payment of a thirty- dollar fee plus additional seven dollars ($720.00) per day for the redemption of said animal. In the event any animal has to be tranquilized with chemical capture equipment, then the redemption fee shall be one hundred dollars ($100.00). If a dangerous dog is impounded for running at large, then the AGENDA ITEM # 8C MAY 13, 2013 redemption fee shall be one hundred fifty dollars ($150.00), with an additional one hundred - dollar fee if the dangerous dog has to be tranquilized with chemical capture equipment. (Code 1970, § 4 -4(b); Ord. No. 95- 86 -30, § 2, 7- 28 -86; Ord. No. 95- 92 -51, § 1, 2- 10 -92; Ord. No. 95- 98 -69, § 1, 10- 26 -98; Ord. No. 95- 03 -85, § 1, 10- 13 -03; Ord. No. 95- 08 -95, § 1, 3- 27 -08) Sec. 4-25. Leashing. No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be attached to a fixed object or specifically held by a person capable of controlling the animal. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash before returning to the beach. This does not include walking the dog in the water. (Code 1970, § 4 -4(c); Ord. No. 95- 88 -33, § 4, 4- 25 -88; Ord. No. 95- 98 -69, § 1, 10- 26 -98) Sec. 4 -26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. (b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. (c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate on any property within the city other than the owner's private property without immediately removing such defecation with some sort of material, utensil, or suitable container and depositing the defecation in a trash container. When walking a dog or cat on any property within the city, other than the owner's property, the owner of that dog or cat shall carry some sort of material, utensil, or suitable container with which to dispose of the defecation. (Code 1970, § 4 -4(d); Ord. No. 95- 86 -30, § 3, 7- 28 -86; Ord. No. 95- 88 -33, § 5, 4- 25 -88; Ord. No. 95- 98 -69, § 1, 10- 26 -98) State law references: Damage by dogs, F.S. Ch. 767. Sec. 4 -27. Disturbing the peace. (a) 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 loud noises and render them reasonably unobjectionable. (b) Any animal which persistently makes noises for an hour or longer and annoys citizens of the city shall be declared a nuisance under this chapter. (Code 1970, § 44(e); Ord. No. 95- 96 -66, § 2, 5- 28 -96; Ord. No. 95- 98 -69, § 1, 10- 26 -98; Ord. AGENDA ITEM # 8C MAY 13, 20I3 No. 95- 08 -95, § 1, 3- 27 -08) Sec. 4 -29 Habitual nuisance a) It shall be unlawful for the owner, or anv person havina temporary custodv, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control , to commit a nuisance by running at -large habitually chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitually; by trespassing on private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually or by making other objectionable animal noises habitually; or by doing any other thing habitually which is so offensive as to create a nuisance. b) For the purpose of this section, "habitually" means at least two (2) separate occurrences within a time period of no more than one month: except that barking habitually, or making other obiectionable animal noises habitually, means making the sound Persistently or continuously for at least 30 minutes occurring at least three (3) separate times within a period of no more than 30 days. (c) This barking provision of this section shall not apply a properly permitted animal shelter established for the care and /or placement of unwanted stray animals, nor a properly zoned commercial boarding kennel nor a veterinarian office. (d) Violations of this section shall be punishable by a fine of $250 for a first offense or a $500 fine for a second or subsequent offense within the preceding 36 month period. Sec. 4 -289. Neglect; restraint by chaining; animal bites. (a) It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to fail to provide an animal any one of the following: (1) Clean, fresh, potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume; (2) Sufficient, wholesome food; (3) Adequate shelter with sufficient floor, three walls and roof to protect the animal from the weather, extreme temperature and direct sunlight. (4) Sufficient exercise and wholesome exchange of air; ,(5) Current and active veterinary care /treatment to prevent suffering; 6) Placina or confinina an animal or allowina it to be confined in an unattended vehicle without sufficient ventilation or under such conditions or for such a period of time as may reasonably be expected to endanger the health or well -being of such animal due to heat, lack of water or such circumstances as may be expected to cause suffering, debility or death. (a) A Law Enforcement Officer (LEO) or Animal Control Officer (ACO) who finds an animal in a vehicle in violation of this section may enter the vehicle by using the amount of force necessary to remove the animal. A LEO or ACO who acts in substantial compliance of the provisions of this AGENDA ITEM # 8C MAY 13, 2013 section shall be immune from civil and criminal liability; and the City shall also be held immune from civil liability. (b) Restraint by chaining may be used provided the following conditions are met: (1) The chain or tether shall not weigh more than one eighth (1/8) of the animal's body weight; (2) The chain or tether shall be at least ten (10) feet in length with swivels on both ends; (3) The chain or tether shall be attached to a properly fitted collar or harness worn by the animal; and (4) The animal, while restrained by chain or tether, is able to access shelter with sufficient floor, three (3) walls, and roof to protect the animal from the weather, extreme temperatures and direct sunlight; and is able to access sufficient water and sufficient wholesome food. (5) Animal Control Officers are authorized to remove and impound dangerous dogs and /or dogs posing a threat to public safety from tethers where the animal is accessible by children or the public without a secured fence or enclosure. Boarding fees will be the responsibility of the owner of the impounded dock (c) No owner of any animal shall permit the animal, either willfully or through failure to exercise due care or control, to destroy or damage the property of another including, but not limited to, the unprovoked biting, attacking, or wounding of another person's animal. No owner of any animal shall permit the animal, either willfully or through failure to exercise due care or control, to bite, attack or wound a human. (d) A violation of this section is punishable by a fine of $100 for an initial violation; $250 for the second violation within the preceding 36 months and $500 for a third or subsequent violation within the preceding 36 months. Exemption: the provisions of this section do not apply to police dogs. (Ord. No. 95- 08 -95, § 2, 3- 27 -08) Sec. 4,U30. Rabies dVacinations. a) The owner of every doa. cat or ferret four months of aqe or older shall have it vaccinated against rabies by a veterinarian. Said owner said obtain and maintain, on an annual basis or duration of the valid vaccination, proof, from the veterinarian who administered it of a current rabies vaccination. If a veterinarian administers a vaccination licensed by the United States Department of Agriculture that is approved for a three -year duration of immunity, a dog or cat may be vaccinated at 3 to four months of age with a booster at one year and eve three r three years thereafter. 1) A doa cat or ferret is exempt from rabies vaccinations if a veterinarian has examined the animal and has certified in writing that vaccinating the animal at that time would endanger the animal's health because of its age, infirmity, disability, illness or other medical considerations. An exemption under this provision that extends beyond 12 months must be renewed annual) through hrough submission of a new exemption letter. No exemption letter shall be deemed valid after one year AGENDA ITEM # 8C MAY 13, 2013 from the date it was written. (b) In order to protect the public's health and safety, no person shall be the owner of or have as a pet or harbor within the City a known or potential rabies vector or high risk animal that cannot be immunized against rabies including, but not limited to, fox, raccoon, skunk bat and bobcat. (c) Suspected rabies cases will be handled according to the Health Code as established by the State Department of Environmental Health (authorized by F.S. § 381.006). (Code 1970, § 4 -5; Ord. No. 95- 98 -69, § 1, 10- 26 -98) State law references: Authority of state department of health and rehabilitative services to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031(1)(g)1. Sec. 4 -301. 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, A+t+sle -N; of the Atlantic Beach City Code are hereby declared to be civil infractions for which there may be imposed by the county court a maximum fine not to exceed five hundred dollars ($500.00). Unless cited for a violation for which court appearance is mandatory, Aanyone cited with a violation of this artiele chapter may pay a fine as contained within the actual section or, if no fine is listed, as specified below in lieu of appearing in county court. The fine specified shall be paid 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 ($500.00) allowed, which shall be payable within sixty (60) days from the date of execution of the final judgment. 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 a "first" offense if there have been no other citations in the preceding thirty -six (36) months.) Twenty -fiveFifty dollars ($2-50.00); if not paid within fourteen (14) calendar days, the fine goes to fifty dollars ($759.00); (2) Second offense: (The current offense is a second offense if there have been only one (1) previous citation within the preceding thirty -six (36) months.) One hundred dollars and fifty dollars($1050.00); if not paid within fourteen (14) calendar days, the fine goes to one hundred fifty dollars ($-1250.00); (3) Third and- subsegk offenses: (The current offense is a third or 6ubsequ erEt AGENDA ITEM # 8C MAY 13, 2013 offense if there have been two (2) or more previous citations within the preceding thirty -six (36) months.) Two hundred fifty ($250.00); if not paid in fourteen (14) calendar days, fine goes to five hundred dollars ($500.00). (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) and a mandatory court appearance. For citations involving a mandatory court appearance, the citation shall specify that the court appearance is mandatory. If a person so cited fails to appear within the time prescribed in the citation to obtain a court date or having a court date, fails to appear in court, a default judgment may be entered against the person in the maximum civil fine payable within sixty (60) days from the date of execution of the final judgment. (45) 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. (66) An additional fine of one hundred dollars ($100.00) for any violation involving a dog or cat in heat. (c) A five - dollar surcharge shall be assessed and collected upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty as authorized by F.S. § 828.27. The proceeds from such surcharge shall be used only to assist in paying for the costs of training for animal control officers in accordance with the requirements of F.S. § 828.27. Said civil penalty shall be paid to the City of Atlantic Beach. (d) 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. (Ord. No. 97- 86 -30, § 4, 7- 28 -86; Ord. No. 95- 98 -69, § 1, 10- 26 -98; Ord. No. 95- 99 -70, § 2, 6- 28 -99; Ord. No. 95- 01 -77, § 1, 1- 22 -01; Ord. No. 95- 03 -85, §§ 1, 2, 10- 13 -03; Ord. No. 95- 08 -95, § 1, 3- 27 -08) (a) (b) AGENDA ITEM # 8C MAY 13, 2013 The code enforcement board shall have the jurisdiction and authority to hear and decide alleged violations of the following: (1) (2) (3) (4) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida Statutes excepf �s rt�vided in sec. 146.1 below. State of Florida Building Code, administration section of Chapter 553, [Florida Statutes] as adopted by the State of Florida and by the city. International Property Maintenance Code as adopted by the city. All other local codes and ordinances as allowed by Chapter 162, Part 1., Florida Statutes, Local Government Code Enforcement Boards, as it may be amended from time to time. The jurisdiction of the code enforcement board shall not be exclusive. Any alleged violation of any of the provisions of subsection (a) may be pursued by appropriate remedy in court at the option of the administrative official whose responsibility it is to enforce that respective code or ordinance. (Ord, No. 5- 12 -54, § 1, 1 ®9 -12) Sec. 2 -146.1 - Jurisdiction of special magistrate "- (a) A special magistrate or special magistrates shall be appointed and removed by the city manager subject to the approval of the commission and shall have the iurisdiction and authority to hear and decide alleged violations of the Sec 4 -10. Dangerous dogs, Sec. 4 -11. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. Appointments shall be made on the basis of experience and interest in the subject matter. A special magistrate must be a member in good standing of the Florida Bar. AGENDA ITEM # SC MAY 13, 2013 (b) The special magistrate shall receive such compensation as determined by the commission. (b) The special magistrate shall have the power to: (1) Adopt rules for the conduct of code enforcement hearings provided, however, that the rules shall be uniform for all special magistrates. (2) Subpoena alleged violators and witnesses to code enforcement hearings. (3) Subpoena evidence. (4) Take testimony under oath. (55) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.