Agenda Item 8C AGENDA ITEM#8C
MAY 13,2013
AGENDA ITEM NO.
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: City Ordinance Chapter 4 revisions
DATE: May 6, 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 AC0'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). 'the Commission requested at the April 22, 2013 workshop for this
to increased to $25 per day.
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
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2. 1998 —2nd offense went from $40 to $100. 3rd and subsequent from $75 to
mandatory appearance. Added the$7 per day impound fee
3. 2001 —went from mandatory appearance on 3rd 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. At the April 22._2013 workshops the
Commission inquired about recovering the costs of a Special Magistrate. Per F.S,S.
162.09, a municipality may impose additional Panes to cover the costs incurred by the local
government in enforcing its codes. Draft Iant,uage has been added in Chapter 2 section
146.01 (d) to authorize this.
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 2-146.1 for First Reading.
ATTACHMENTS: Draft of proposed ordinance Chapter 4 and Chapter 2 Sections 2-146
and 2-146.1.
yi
REVIEWED BY CITY MANAGER:
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Sec. 2-146. - Jurisdiction. _
(a)
The code enforcement board shall have the jurisdiction and authority to
hear and decide alleged violations of the following:
(1)
City of Atlantic Beach Code of Ordinances, per Chapter 162,
Florida Statutes except as provided in Sec. 146.1 below.
(2)
State of Florida Building Code, administration section of Chapter
553, [Florida Statutes] as adopted by the State of Florida and by
the city.
(3)
International Property Maintenance Code as adopted by the city.
(4)
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.
(b)
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.
(Orel, No. 5-12-54, § 1, 1-9-12)
Sec. 2-146.1 -Jurisdiction of special magistrate. . -
(a) A special magistrate or_s_pec'r_a_I_magistrates shall be apps inted_alnd
removed by the city manager subject to the approval of the commission
and shall have the jurisdiction 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.
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(b) The special magistrate shall receive such compensation as determined by
the commission.
(c) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of the hearings.
(2) Subpoena alleged violators and witnesses to code enforcement
hearings.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the_force of law to command whatever steps are
necessary/to bring a violation into compliance.
(d) The special magistrate ma im ose fines to cover all costs incurred by the
local government in enforcing its codes. Criteria that the special
magistrate may consider include but is not limited to the follow ing;
(1) The ravit of the incident ivin rise to the Gan emus Go
declaration.
(2) Any previous animal control violations
(3) Any_actions taken by the clog owner to prevent or correct
aggressive behavior.
(4) The complexity and resources required to complete the
investigation.
(5) The cost and outcome of the hearing.
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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. 872.
Art. I. In General, §§4-1--4-20
Art. ft Clogs 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 granted under
this Chapter shall_be supplemental_to the powers and authority already provided for by Florida
Statutes, relating to local animal control regulations.
(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
For the purposes of this Chapter, the following terms shall have the following definitions unless
the context clearly requires otherwise.
a . Allow or Permit in addition to their common meanin•s shall also include an failure to
take reasonable proactive measures to restrict the animal from engaging in any activity
prohibited by this Chapter.
(b). Animal means an live vertebrate creature includin mammals birds re tiles
am•hibians and fish but not humans and/or as defined in F.S. . 828.02.
(Li. Animal control officer/authority means any individual employed, contracted with, or
a.•ointed b the Cit of Atlantic Beach for the •ur•ose of aidin• in the enforcement of
this chapter or any other law or ordinance relating to the licensure of animals, control of
animals welfare of animals or seizure and im•oundment of animals and includes any
state or local law enforcement officer or other employee whose duties in whole or in part
include assi•nments that involve the seizure and im.oundment of any animal.
(). At-large means that an animal is off the property of its owner, unless restrained by leash
or tether of twelve feet or less in length, or other physical control device, such that the
animal is under the physical control of a responsible person, and (i) the animal has
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entered u.on the •ro•ert of another .erson without authorization of that Berson or ii
the animal has entered onto •ublic •ro•ert street or rig ht-of-wa . If the dog owner's
property whether owned or leased is located within a community association or other
common-property arrangement, it shall also be considered off the owner's, leaser's, or
renter's •ro•ert if the animal leaves the owner's curtila•e and onto common gro•ert
unless such gnated property is clearly desi as an 'off leash' area i.e. Do Park . An
animal on a retractable or other trolle leash s stem shall be considered at-larg e if the
leash is extended be and twelve feet in length since ade.uate •h sical control cannot
be maintained over the animal.
(e) Business da means Monde throe•h Frida but excluding official holida s recdg nized
by the City, Unless a provision in this Chapter specifically refers to "business" day, any
reference to "day" shall mean a calendar day.
(f). Cat means all domestic felines.
(q)_ - Control means the •rovision ownershi• care and/or custod of an animal or animals
(see "Physical Control" definition).
h . Cruelt means an act of cruelt u•an an animal as defined in Sec 4-5 and/or as
provided in F.S. Ch. 828.
i . Curtila•e means the enclosed land or and surrounding a house or dwelling.
fi). Dog means all members of the canine family that are domesticated.
(k). Domestic means tame, usually by generations of breeding, and living in close
association with humans as a get or work animal in such a wa that creates a
degendenc on humans so that the animal loses its abilit to live in the wild.
Enclosure or Outdoor Enclosure means an structure with at least three_walls a roof
and floor in adequate condition as not to endanger the safety of the animal and as to
provide necessary protection of the animal from weather conditions. An enclosure must
be ro erl located so that it does not allow for standin water to pool inside the
enclosure followinq_any weather event or other water intrusion, For pets not declared
dangerous a residence ma be considered a 'roger enclosure- different rules as
specified in this chapter apply to a 'proper enclosure' for declared dangerous dogs.
fm). Harbor means the act of caring for and keeping an animal or the act of providing a
*remise or residence to which the animal returns for food shelter or care for a •eriod of
at least ten da s or at the saint where the care•iveris providin• the .rimer source of
sustenance for the animal whichever time is shorter.
(n) Nuisance means any act performed or permitted to occur(including permitted by lack of
reasonable and a••ro.riate action/control re•uired for •revention which inures or
prevents another from enioving his/her legal rights, in particular the creation of
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conditions (including created by lack of reasonable and appropriate action/control
required for prevention) leading to the excessive breeding of fleas or flies, odors or
noises and other obnoxious circumstances caused by the keeping of animals.
(o). Owner means any person, household, firm, corporation, or other entity possessing,
harboring, keeping, or having control or custody of an animal; a person must be a ge 18
or older to be considered the legal owner of an animal. If a person under the age of 18 is
considered the custodian or caretaker of the animal, the parents or legal guardians shall
be considered, the legal owner of the animal and responsible for all matters involving
that animal. There shall be a rebuttable presumption that the person's name appearing
on the animal's registration or radio frequency identification device (RFID), commonly
known as a "microchip," is the owner.
(p). Person means any individual person, frm, corporation or other entity. The knowledge
and acts of agents and employees of a firm, corporation or other entity,.with regard to
the treatment of animals owned in the custod of or trans•orted b such firm,_
corporation or other organization, shall be the knowledge and acts of the firm,
corporation or other entity.
(q). Physical Control means adequate domination or power to influence/oppress the actions
of the animal to prevent the animal from engaging in biting, aggression towards people
or animals, straying, being at-large or other behaviors regulated by this ordinance or
state law b the use of a •ro•er leash or similar device attached to an a..ro•riate collar
or harness. To maintain physical control the animal must be on a leash not to exceed
twelve feet at its maximum extension. Animals on longer leashes or similar devices
extended beyond twelve feet shall be considered not under physical control and may be
subject to being treated as at-large for provisions of this Chapter.
Cr). Quarantine or ten-day quarantine means confining an animal for observation of any
symptoms of rabies, which confinement is typically for a ten-day time period from the
date of the bite, scratch or other potential rabies exposure, unless a longer time period is
required pursuant to State regulations and guidelines.
(s)- Rabies means an acute, fatal, infectious disease of the central nervous system that is
transmitted when the virus is introduced into bite wounds, open cuts in skin, or onto
mucous membranes.
RadioFreau ncy_Identification Device (R IC7), common) referred tt as a "microchip", a
device about the size of a grain of rice encased in surgical glass that is implanted
underneath the skin of a dog, cat or other animal that when scanned produces a unique
number that identifies the animal and its owner(if properly registered). When present, an
RFID with registration information shall be considered the primary indication of
ownership.
Cu). Stray means any animal that is found to be at-large, whether lost by its owner or
otherwise, or that is on the common areas of apartments,condominiums, trailer parks or
other multi-residential premises, and that does not have an identification tag and for
which there is no identifiable owner.
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(v). Sufficient Food means access to the proper food for the species of animal on a regular,
ongoing basis in .uantities sufficient to maintain a regular bod weight. Animals under
active, current veterinary care may deviate from this based upon the expertise of a
licensed veterinarian.
w . _Sufficient Water means access to clean fresh •otable water of a drinkable tern serature
on a regular. ongoing basis that is provided in a suitable manner and in sufficient
volume.
x . Trans+ortin. means shi.gin• trans•orting carr in im.ortin• ex.ortin. receiving or
delivering for shipment, transportation, carriage or export.
(y). Vaccination against rabies means the proper administration of anti-rabies inoculation or
b a veterinarian licensed b the state board of veterina medicine.
z . Veterinarian means an individual who is licensed to en•a•e in the •racticeof veterinar
medicine in Florida.
(aa) Wholesome exchange of air means sufficient ventilation or other means of air exchange
adequate to prevent the accumulation of noxious odors and limit airborne disease
transfer and PROVIDE •rovide ade•uate air movement in/through the structure
Sec. 4-2. Interfering with oars performance of duties.
No per t. _-- . ,-- - ' . - '_ e - -- r any animal control office -pelf •off+cecT
___ _ _ _ _ ._ ._ - - _ • • - zquired by the provisionc of this
e4apter, It shall be unlawful for any_person to interfere with, resist, prevent or hinder any animal
control officer in the performance of an dut re•uired b this Cha*ter including but not limited
to removing or attem*tin• to remove an animal from an animal control officers vehicle
tamgerin. with or removing an animal from a Cit of Atlantic Beach animal trap, tampering with
or destroying signs and/or other City property, interfering with the lawful execution of the duties
of an animal control officer or interferin. with the lawfulim.oundment of an animal. All alleged
violators of an section of this ordinance shall be required to .rovide .ositive •hoto identification
and accurate current residence. Violations of the section are punishable by a fine of$500.
(Code 1970, §4-6(b); Ord. No. 95-96-66, § 1, 5-28-96)
Sec. 4-3. Animal shelter or imn in�• • � S, n t0: ok
rely- ,Authority to enter private property.
- -- - - -- ---- _ _.. , -e-- eaking op= - • - _ : ._-, _ - ,
- - • _ _ •- e •••e Gtifidifi: -- - -- - - - - -
An animal control officer is authorized to enter upon any private property
that is unfenced or that is fenced but with a ga. o•enin• or indentation or with a .ate that is
not closed and locked for the purpose of investigating a complaint of violation of this Chapter or
for the .ur•ose of seizing and im•oundin_. an animal that is stray or at-large, or as otherwise
authorized by this Chapter; however, an animal control officer is not authorized to enter a
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dweliin• without the owner's or the resident's .ermission or without a warrant 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) Any violations of this section may be _reported to Florida Wildlife -Conservation
Commission (FWC) for further investigation/disposition.
(e) Violations of this section are punishable by a fine not exceeding $500.
(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
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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 (LEON or Animal Control Officer (ACO) who
finds an animal in a vehicle as described in (1) and (2) above may enter
the vehicle by using 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, ES. 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
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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
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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;
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(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) ft }l-be unlawful forrer-of any vicious dog-te p
at--largA or without the onel re of the owner or keeper theceef-w ices the corporate
limits of the Gity without b' g-prey l_,. a_ - _ _
person is hereby defieed as- a "vicious dog" but them,term "vicious dog" shall not-be
Bmite 1y ge•w �} n aRy erson,
(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 ITf?M 4 8C
MAY 13,2013
Sec. 441. 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 twat-is—netmay be impounded with the animal control
authority. if the subiect dory is not impounded, 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_pr the owner of
the suspected dangerous dog refuses to_surrender it after a request by a I-EO or ACC}
the animal control authorit ma obtain from a court of com•etent 'urisdiction awarrant
to seize the clog. Failure to surrender the dog upon request of the animal control officer
is a violation of this section subject to a '.5OO fine and/or an as•licable criminal •enalt
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 N 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 following information: name, address and telephone number of the dog's
owners; the address where the dog is harbored if different from the owner's address: a
complete identification of the dog including sex, color and and distinguishing physical
characteristics, a color photograph of the dog. and tThe 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.
(b) A proper enclosure to confine a dangerous dog as defined in Sec 4-10(4) and the
posting of the premises with a clearly visible warning sign at all entry points that
informs both children and adults of the presence of a dangerous dog on the
property.
(c) Permanent identification of the dog, such as an tattoo on the inside thigh or
electronic- implantation electronic radio frequency identification device (RFID)
implantation (microchip).
(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 avment of all boarding fees during the time it takes
to complete these requirements. If the owner does not comply with all the
requirements of this section {(4-11(2)?within 14 days of the final case disposition,
ownership reverts to the City and the doe shall be euthanized in an ex•editious
and humane manner. Notice of the potential humane destruction of the animal for
failure to comply shall be included in the notice of final ruling on the dangerous
dog.
(f) Proof that the dog has been surgically sterilized by a veterinarian
(g) Dogs declared dangerous shall not be allowed in anv off-leash dog Dark within
the City of Atlantic Beach.
(h) A dan•erous dog declaration is permanent and may never be removed from the
dog once the determination has been finalized and the time for all appeals has
passed or the declaration has been affirmed on appeal.
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 IThM N KC
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.
- _ _ -_ +€ed by this section.
(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 dog shah be chained, tethered or otherwise tied to any
inanimate object, such as a tree, post or building that is outside its proper 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.
(8) This section does not apply to dogs used by law enforcement officials for law
enforcement work.
(7) Any person who violates any provision of this section is guilty of a noncriminal infraction,
punishable by a fine of ,5OO.00._
8 After a determination b the Cit that a do. is a dangerous do. re•ardless of whether
the owner has reouested a hearing before the Special Magistrate or has filed an appeal
to the countt out, 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 •endin. final determination b the S•ecial Magistrate and subse•uent a••eal if
AGENDA ITEM it 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.
A(3 Nf)A i'ftM# 8C
MAY 13, 2013
Any dog that is owned, or the service of which is employed, by a law enforcement
agency, or any dog that is used as a service dog for blind, hearing impaired, or disabled
persons, and that bites another animal or human is exempt from any quarantine requirement
following such bite if the dog has a current rabies vaccination that was administered by a
licensed veterinarian.
(Ord. No. 95-99-70, § 1, 6-28-99)
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 (1 0) 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 subject the violator to a civil fine of up to $500 per animal.
(Ord. No. 95-08-95, § 2, 3-27-08)
Secs. 4-16-4-20. Reserved.
ARTICLE IL 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 twenty five dollars ($725.00) 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, § 4-4(e); Ord. No. 95-96-66, § 2, 5-28-96; Ord. No. 95-98-69, § 1, 10-26-98; Ord.
AGENDA ITEM ft 8C
MAY 13,2033
No. 95-08-95, § 1, 3-27-08)
Sec. 4-28 Habitual nuisance
(a) It shall be unlawful for the owner, or any person having temporary custody, of an animal
or animals to •ermiit the animal s either willful) or throw h failure to exercise due care
or control , to commit a nuisance by running at-large habitually; by chasing or running.
after vehicles or persons habitually; by trespassing upon public or private school
grounds habitually; by trespassing on private property habjtually and interfering with the
reasonable use and enjoyment of the property; by barking habitually orbymaking 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 seriod of no more than one month' exce•t that barkin• habitual/ or
making other objectionable animal noises habitually, means making the sound
persistently or continuously for at least 30 minutes occurring at least three 31 separate
times within a period of no more than 30 days.
c This barkin provision of this section shall not a I a ro erl ermitted 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 •unishable b 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.
Sufficient exercise and wholesome exchange of air;
5 Current and active veterinary careftreatment to prevent suffering;
{6) Placing or confining an animal or allowing 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 com•liance of the •rovisions of this
AGENDA I'i1 M# 8C
MAY 13,2013
section shall be immune from civil and criminal liabilit and the Cit 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 dog.
(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 b 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. 4-2930. Rabies suspe-stedVacina#ions.
fa) The owner of every dog, cat orferret four months of age 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 •roof from the veterinarian who administered
it of a current rabies vaccination. If a veterinarian administers a vaccination licensed b
the United States Department of Agriculture that is approved for a three-year duration of
immunit a do or cat may be vaccinated at 3 to four months of a e with a booster at
one year and every three years thereafter.
(1) A dog 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 exem+tion under this •rovision that
extends beyond 12 months must be renewed annually through submission of a
new exem+tion letter. No exem•tion letter shall be deemed valid after one ear
AGENDA ITEM II ,'
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, Article il, 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 a4iele 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.) -went.y-fiveFifty dollars
($250.00); if not paid within fourteen (14) calendar days, the fine goes to fifty
deitars seventy five ($750.00);
(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 detlars and fifty dollars($1050.00); if not paid within fourteen (14)
calendar days, the fine goes to one hundred fifty dollars ($•1.250.00);
(3) Third and subsequent offenses: (The current offense is a third et- subsegaeat
AGENDA ITEM#8C
MAY 13,2013
offense if there have been two (2) or-mere 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 ppear 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.
(56) 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)