Amended Item 7C- Ordinance No. 95-18-115DRAFT 2/8/2018
ORDINANCE NO. 95-18-115
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 4 OF THE ATLANTIC BEACH CODE OF
ORDINANCES; ADDING SECTION 4-16, REQUIREMENTS FOR SALES OF
DOGS AND CATS; PROVIDING FOR DEFINITIONS, PERMITTED
SOURCES, CERTIFICATES OF SOURCE, PENAL TIES AND ENFORCEMENT
BY SPECIAL MAGISTRATE; AMENDING SECTION 2-146.1 OF THE
ATLANTIC BEACH CODE OF ORDINANCES, JURISDICTION OR SPECIAL
MAGISTRATE; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the humane treatment of animals is an important public purpose; and
WHEREAS, puppy and kitten mills are inhumane and unsanitary commercial
breeding facilities for dogs and cats in which the health of the dogs and cats is disregarded
to maintain a low overhead and maximize profits; for example, by keeping parent dogs and
cats in cages for their entire lives without adequate food, water, veterinary care, or
socializations; breeding females multiple times per year with little to no recovery time
between litters; and breeding dogs and cats regardless of whether they carry congenital or
hereditary diseases; and
WHEREAS, according to United States Department of Agriculture reports,
documented problems found at puppy and kitten mills include: 1) sanitation problems
leading to infectious diseases; 2) large numbers of animals overcrowded in cages; 3) lack of
proper veterinary care for severe illnesses and injuries; 4) lack of protection from harsh
weather conditions; and 5) lack of adequate food and water; and
WHEREAS, the Humane Society of the United States estimates that each year two to
four million dogs and cats are born in the United States in puppy and kitten mills; and
WHEREAS, the most effective way to stop puppy and kitten mills is to discourage the
purchase and sale of puppies and kittens produced at these inhumane facilities; and
WHEREAS, according to the Humane Society of the United States, although American
consumers purchase dogs and cats believing the pets to be healthy and genetically sound, in
reality, the animals that come from mills often face an array of health problems; including
not only communicable diseases or genetic disorders that present immediately after sale,
but also diseases or disorders that do not surface until several years later, all of which lead
to costly veterinary bills and distress to consumers; and
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(3) An animal shelter or animal rescue organization which operates out of
or in connection with a pet store:
( 4) An animal hospital or veterinarian's office:
(5) A pet store engaged in the display. sale. deliver. offer of sale. barter,
auction. gifting or transfer of pets other than cats or dogs:
(6) A pet store or its owner. operator or employees that provide space and
appropriate care for animals owned by a publicly operated animal
control agency. nonprofit humane society or nonprofit animal rescue
agency and maintained at a pet store for the purpose of adopting those
animals to the public:
(7) Hobby breeders.
(c) Cert(ficate oJSource. A pet store. animal rescue organization or animal shelter
that obtains dogs or cats from a permitted source shall post conspicuously on
the cage of each dog or cat:
(1) The name and address of the source from which the dog or cat was
obtained and date thereof:
(2) A copy of the certificate of source shall also be provided to the
purchaser or transferee of any pet;
(3) A description of the dog or cat. including species breed. sex. color and
distinctive markings. physical condition and health. and age (ifknown):
and
( 4) For each dog or cate receiving medical care while in the custody or
control of the pet dealer or pet shop. the type of service rendered, date
and veterinarian's name.
(d) Definitions. For purposes of this Section. the following words, terms. and
phrases shall have the following meanings:
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(1) Animal Rescue Organization means humane society or other duly
incorporated nonprofit organization registered with the Florida
Department of State and operated as a bona fide charitable organization
under Section 501(c)(3) of the Internal Revenue Code. which
organization is devoted to the rescue. care and/or adoption of stray.
abandoned. injured or surrendered animals and which does not breed
animals and which obtains its animals through donation only.
(2) Animal Shelter means a municipal or related public animal shelter or duly
incorporated nonprofit organization devoted to the rescue. care and
adoption of stray. abandoned or surrendered animals. and which does
not breed animals.
(3) Cat means an animal of the Felidae family of the order Carnivora.
( 4) Certificate o[Source means a copy of a notarized affidavit of verification
from the source from which the pet was obtained.
(5) Dog means an animal of the Canidae family of the order of Carnivora.
(6) Hobbv Breeder means any person or entity that causes or allows the
breeding or studding of a dog or cat resulting in no more than a total of
one litter per adult female animal per calendar year whether or not the
animals in such litter are offered for sale or other transfer from the
premises on which they were bred. This does not include a breeder that
sells to a retail store.
(7) Pet Mill means a facility where pets are bred for the purpose of selling
them and where any two of the following conditions are found to exist:
a. More than twenty (20) dogs under the age of 12 weeks or more than
twenty (20) cats under the age of 16 weeks are kept at a single time:
b. No genetic or heredity health testing appropriate for the breed is
conducted:
c. No long term (over one [1] year) guarantees are honored:
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d. A single female is bred every cycle:
e. A single female is bred more than five (5) times;
f. There are no records of the dog or eat's parents;
g. More than eight (8) dogs or cats are kept in a single cage or kennel
area.
(8) Pet Store means a pet shop, pet groomer, pet beauty parlor or other retail
establishment open to the public and engaging in the business of selling
pet supplies and/or services and/or offering for sale and/or selling
animals at retail.
(9) Pet Store Operator means a person who owns or operates a pet store or
both.
(10) Retail Sale includes display, offer for sale, offer for adoption. barter,
auction. give away or other transfer of any cat or dog.
(e) Penalties. Any person who violates this section shall be subject to a fine of
$250.00 per day per animal for the first violation within a twelve (12) month period. and a
fine of $500.00 per day per animal for any subsequent violation within a twelve (12) month
period. The Atlantic Beach Police Department I Atlantic Beach Animal Control shall enforce
the provisions set forth within this Section. Each day any violation of any provision of this
Section shall continue constitutes a separate offense.
(fJ Special magistrate. A notice of violation shall be taken before the City's special
magistrate for consideration of the alleged violations of this section and applicable fines. The
special magistrate shall exercise jurisdiction over such matters in accordance with Section
2-146.1 of the Code of Ordinances of the City of Atlantic Beach.
SECTION 3. Section 2-146.1, Jurisdiction of Special Magistrate of the Code of
Ordinances ofthe City of Atlantic Beach is hereby amended to 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 decided alleged violations of the section4-10, dangerous dogs,
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section 4-11, classification of dogs as dangerous; certification of registration; notice and
hearing requirements; confinement of animal; exemption; appeals; unlawful acts, and
alleged violations of Section 4-16, Requirements for Sales of Dogs and Cats. 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.
(d) The special magistrate may impose fines and penalties 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:
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(1) As to Sections 4-10 and 4-11 of the Code of Ordinances:
(2)
-f±j-a. The gravity of the incident giving rise to the dangerous dog
declaration.
~b. Any previous animal control violations.
-f63-c. Any actions taken by the dog owner to prevent or correct
aggressive behavior.
f41d. The complexity and resources required to complete the
investigation.
-f&je. The cost and outcome of the hearing.
As to Section 4-16 of the Code of Ordinances:
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a. The gravity of the incident giving rise to the allege violation(s).
b. Any previous sales of dogs or cats in violation of Section 4-16.
c. Any actions taken by the violator to prevent or correct the
alleged violation(s).
d. The complexity and resources required to complete the
investigation.
e. The cost and outcome of the hearing.
SECTION 4. Conflict
All ordinances previously adopted by the City and in conflict with this ordinance are
repealed to the extent inconsistent herewith.
SECTION 5. Severability
If any section, subsection, sentence, clause, phrase, or provision of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not be construed to render the remaining provisions of this Ordinance invalid or
unconstitutional.
SECTION 6. Effective Date. This ordinance shall take effect immediately upon its
final passage and adoption.
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PASSED by the City Commission on first reading this_ day of ____ _, 2018.
PASSED by the City Commission on second and final reading this_ day of__, 2018.
CITY OF ATLANTIC BEACH
Ellen Glasser, Mayor
Attest:
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durden, City Attorney
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