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Ordinance No. 95-77-16 v ORDINANCE NO. 95-77-16 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE II, "ANIMALS AND FOWL', OF THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA BE IT ENACTED BY THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. That Chapter 4, "Animals and Fowl" of the Code of Ordinances of the City of Atlantic Beach, Florida, be and the same is hereby amended so that the same as amended shall henceforth read as follows : CHAPTER 4 ANIMALS AND FOWL Article 1. In General Article 11. Dogs and Cats ARTICLE II. DOGS AND CATS Section 4-3. Registration and tagging - required. (A) No dogs or cats, male or female, shall be owned or kept in the city unless properly registered and tagged as hereinafter provided. (B) The registrar of dogs and cats shall require, prerequisite to registration, proof showing that such dog and cat has been inoculated against rabies within one year immediately prior to any application for such registration. The certificate of a veterinarian, licensed to practice veterinary medicine and surgery by the Board of Veterinary Examiners of the State of Florida, shall be accepted as conclusive evidence to the fact and time of such inoculation. (C) No person shall be allowed to keep any dog or cat, male or female, in the city unless the person shall first register such animal with the city and purchase from the city an identification tag for each animal for the sum of two dollars per annum. The tag is to be attached to the animal's collar and worn continuously. The city shall upon issuance of the tag, make a record of the name and address of the owner of the animal, the number of the tag, and physical description of the animal, and the date the tag was issued. The tags shall be numbered and issued in regular sequence. Licenses shall be due and payable the first day of July of each year. Section 4-4. Impounding licensed or unlicensed dogs or cats; redemption; disposition of dogs or cats when not redeemed. (A) Any unlicensed dog or cat found in the city shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period not to exceed seven days. The owner must comply with the tag require- ment before the dog or cat is released. The license fee for unlicensed dogs or cats that have been picked up shall be double the fee in effect on the date the Page 2 dog or cat is picked up. (B) Any dog or cat committing a nuisance or found running at large on any of the public streets, parks, playgrounds, alleys, beaches or vacant lots in the city shall be picked up by the city or the designated authorized agent of the city and placed in a shelter for a period not to exceed seven days. (C) No dog muzzled, unmuzzled, or inoculated against rabies shall be allowed in public places such as hotels, theaters, streets, Atlantic ocean beach, or upon property other than that of its owner, unless the dog shall be fastened to a suitable leash of dependable strangth not to exceed eight feet in length, within the city. (D) It shall be unlawful for any person who shall own or be in control of or in charge of any dog or cat, to allow or permit such dog or cat to wander or stray upon the property of another and damage such property. In the event any such 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 such 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. (E) It shall be unlawful for any person, whether owner, or anyone having charge, custody or control thereof, to keep any dogs or cats within the limits of the city which bark or howl so as to disturb the sleep and/or peace and quietude of any inhabitants of the city unless otherwise provided by State law. Section 4-5. Rabid dogs or cats. (A) If a dog or cat is suspected of having rabies, or has been bitten by a dog or cat suspected of having rabies, such dog or cat shall be confined by a chain on the owner's premises and the Humane Society or licensed veterinarian notified at once. The dog or cat shall then be removed to the proper place for observation for a period of two weeks at the expense of the owner. (B) In the event any person is scratched or bitten by a dog or cat within the corporate limits of the city then it shall become the duty of such person or the owner of the dog or cat with knowledge thereof, to report such incident to the police department of the city, or to the city health officer within twenty-four hours thereafter. (C) Any animal reported to have bitten a person shall be kept in quarantine for such period of time and place as may be designated by the city health officer for the purpose of testing such dog for disease. Any animal suspected of being infected with rabies shall be released by its owner or custodian to the city health officer for laboratory analysis by a licensed veterinarian. No liability for compensation to the owner of such animal shall attach to the city by virtue of any procedure hereunder by the city health officer. All costs in connection with this section shall be borne by the owner of the animal. (D) It shall be unlawful for any owner or keeper of any vicious dog to permit such dog to run at large or without the enclosure of the owner or keeper thereof within the corporate limits of the city without being properly muzzled. Any dog known to have bitten any person is hereby defined as a "vicious dog" but the term "vicious dog" shall not be limited to only those dogs who are known to have bitten any person. Page 3 Section 4-6. Animal Control Officer - Appointment. (A) The city manager shall appoint and employ a suitable person or persons as the official animal control officer or officers for the city, and shall cooperate with the Jacksonville Animal Control, city or county health officer and the city or county rabies control program. (B) No person shall interfere with, hinder or molest any police officer, health officer, or impounding officer in the performance of any duty required by the provisions of this Article II. (C) No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the Animal Shelter of impounding vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. Section 4-7. 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 or 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 wilfully and maliciously steal, kill, wound, or injure any animal the property of another or wilfully and maliciously administer poison to any such animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal the property of another. (C) It shall be unlawful for any person to wilfully and maliciously mistreat or abandon any animal within the limits of the city. (D) Any animal or fowl which persistently makes noises, or otherwise conducts itself in a manner which unduly excites and generally annoys citizens of the city is hereby declared to be a nuisance injurious to the public peace, order and welfare; and any person found guilty of keeping, maintaining, or aiding and abetting in the keeping or maintaining of any such nuisance, within the city, after three days notice from the city manager, or any police or health officer of the city, to abate the same, shall be punished as hereinafter provided. (E) No stable or premises may be maintained in the city for the housing and keeping of horses, mules, cows, cattle, hogs, chickens or poultry. (F) 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. (G) It shall be unlawful for any person, whether as owner or agent, to keep or cause to be kept within the corporate limits of the city any rooster closer than one hundred yards from any inhabited dwelling other than the dwelling of the owner thereof or the person keeping the same. (H) Whenever any animal shall die within the corporate limits of the city the owner of such animal shall cause the dead body thereof to be removed outside of the city limits and disposed of as directed by the health and sanitary inspection department. Page 4 Section 4-8. Penalty. Any person violating any of the provisions of this Ordinance shall upon conviction be punished by a fine not exceeding one hundred dollars or by imprisonment in the city jail not to exceed thirty days or by both such fine and imprisonment. SECTION 2. That all ordinances or parts of ordinances in conflict here- with be and the same are, to the extent that same may be in conflict, hereby repealed. SECTION 3. This Ordinance shall take effect upon its passage and publication as required by law. PASSED BY THE CITY COMMISSION ON FIRST READING May 9, 1977 PASSED BY THE CITY COMMISSION ON SECOND READING May 23, 1977 PASSED BY THE CITY COMMISSION ON THIRD AND FINAL READING June 13, 1977 ATTEST: (SEAL) reeva,cA'� Adelaide R. Tucker, City Clerk