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Agenda Item 7EAGENDA ITEM # 7E JULY 8, 2013 ORDINANCE NO. 5 -13 -59 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS DOG HEARINGS, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Section 2 -146 (a)(1) of The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "Sec. 2-146. Jurisdiction. (a)(1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida Statutes, except as provided in Sec. 146.1 below." SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended by adding a new section to be numbered Section 146. 1, which section shall read as follows: "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 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. Appointment of the special magistrate 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. (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 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. AGENDA ITEM 4 7E JULY 8, 2013 (d) The special magistrate may impose fines to cover all costs incurred by the City in enforcing its codes. Criteria that the special magistrate may consider include but is not limited to the following: (1) The gravity of the incident giving rise to the Dangerous Dog Declaration. (2) Any previous animal control violations. (3) Any actions taken by the dog 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." SECTION 3. This Ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 10'h day of June 2013. PASSED by the City Commission on second and final reading this _ day of 2013. tll lm Donna L. Bartle, CMC City Cleric Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney Ordinance No. 5 -13 -59 Page 2 of 2 Mike Borno Mayor