Ordinance No. 95-88-33 v ORDINANCE NO. 95-88-33
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 4,
ARTICLE I, SECTION 4-6 TO PROVIDE FOR ABATEMENT OF
NUISANCES IN CONNECTION WITH ANIMAL COMPLAINTS;
AMENDING CHAPTER 4, ARTICLE I, SECTION 4-7, SUBPARA-
GRAPH (a) TO ADD A PROVISION AGAINST THE KEEPING OF
GOATS IN THE CITY LIMITS; REPEALING AND RE-WRITING
ARTICLE II, SECTION 4-22, SUBPARAGRAPH (a) AND (b)
TO PROVIDE FOR PERMANENT REGISTRATION; TO PROVIDE
FOR AGES AT WHICH CATS AND DOGS MUST BE INOCULATED;
PROVIDING FEES FOR REGISTRATION; AMENDING SECTION
4-23 TO CLARIFY THE PENALTIES FOR UNREGISTERED DOGS
OR CATS WHICH HAVE BEEN PICKED UP BY THE ANIMAL
CONTROL OFFICER; AMENDING SECTION 4-25 TO CLARIFY
THE LENGTH OF LEASHES AND THE MATTER OF CONTROL OF A
DOG SWIMMING IN THE ATLANTIC OCEAN; AMENDING SECTION
4-26 TO PROVIDE FOR THE MANNER OF REMOVING DOG AND CAT
FECES; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA
Section 1. Chapter 4, Article I, Section 4-6 and 4-7 are hereby
amended to read as follows:
CHAPTER 4
ANIMALS
ARTICLE I. IN GENERAL
Section 4-6 Nuisance animals
Any animal (including cats, dogs, rabbits, etc.) or multiples of
same, er €oi-1 pet bird 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 maintain-
ing of any such nuisance within the city, after three (3) days' notice
from the city manager, animal control officer, or any police officer of
the city to abate same, shall be punished as provided in this code. In
addition, any pet owner or person keeping, maintaining, aiding or
abetting in the keeping of any animal which allows animal feces to
collect in said person's yard to the extent that same causes odor or a
nuisance to the neighbors in the area, shall be found guilty of creating
a nuisance and after proper notice from the city manager, animal
control officer or any police officer, shall be punished as provided in
this code.
AB 1352
Section 4-7 Maintaining stables, keeping of hogs
(a) No stable or premises may be maintained in the City for the
housing and keeping of horses, mules, cows, cattle, hogs,
chickens or poultry or goats.
Section 2. Chapter 4, Article II, Section 4-22 is hereby re-written
and shall read as follows:
CHAPTER 4
ANIMALS
ARTICLE II. DOGS AND CATS
Section 4-22 Registration and tagging required
(a) No dogs or cats shall be owned or kept in the City unless
properly registered and tagged as provided in this section.
(b) No person shall be allowed to keep any dog over four (4)
months of age or cat over four (4) months of age in the City
unless the person shall first register the animal at City Hall
in Atlantic Beach and purchase a permanent non-transferable
identification tag for each animal in the following sums:
1. $5.00 fee for cats and dogs which have been spayed or
neutered
2. $15.00 fee for dogs or cats which have not been spayed or
neutered
(Upon proof of spaying and neutering of an animal, the
City will rebate $10.00 of the fee) .
(c) Tags lost or stolen can be re-issued at City Hall for $1.00.
Registration tags shall be bought at City Hall immediately
upon acquisition of an animal. Rabies vaccination shall be
updated every twelve (12) months for all animals over four (4)
months of age. Both tags shall be on the animal at all times
when the animal is off the owner's property.
Section 3. Chapter 4, Article II, Section 4-23 is hereby amended to
read as follows:
Section 4-23 Impoundment.
Any unregistered or registered dog or cat found off owner's proper-
ty at large, without owner, 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 of not less than three43}-4-ays twenty-four (24) hours nor
more than seven-4-7 five (5) days, except the animal may be released
sooner upon proper identification and compliance with the registration
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AB 1353
Section 4. Chapter 4, Article II, Section 4-25 is hereby amended to
read as follows:
Section 4-25 Leashing
No dog muzzled, unmuzzled or inoculated against rabies shall be
allowed in public places such as heteis;-44 -s-, streets, parks,
playgrounds, alleys, vacant lots, etc. , the beach or upon property other
than that of its owner unless the dog shall be fastened to a suitable
leash of dependable strength not to exceed eight-{8} twelve (12) feet in
length. On Atlantic Beach if dog and owner are in the Atlantic Ocean
together, the dog shall be allowed to swim unleashed and then immediate-
ly put back on the leash before returning to the beach.
Section 5. Chapter 4, Article II, Section 4-26 is hereby amended to
read as follows:
Section 4-26 Damaging property
(a) 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
the dog or cat to wander or stray on 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 in control of the dog or cat
violating the terms and provisions of this article.
(c) If any dog or cat shall defecate on or cause damage to any of
the public streets, parks, playgrounds, alleys, or beaches in
the city, the owner of said dog or cat shall be subject to the
penalties of this section unless such defecation or damage is
immediately removed, anE4ef--r-eg r-ed. Dog owners/handlers
shall carry some sort of material or utensil in all cases
where their animals are being walked on the beach in Atlantic
Beach and shall be required to remove from the beach (not
bury) any and all defecation taking place. This provision
shall also apply to dog owners whose dogs defecate on people's
lawns, on the street ends to the beach, in the public parks,
and public right-of-ways.
(d) Anyone who takes an animal on the beach must have an Atlantic
Beach tag.
AB 1354
Section 6. This Ordinance shall take effect upon its adoption.
Passed by the City Commission of first reading March 28, 1988
Passed by the City Commission on seco. : ''f ina readi • April 25, 1988.
/:-- �/
- lid . Home ayor, Presiding Officer
Approved as to form and correctness:
„..../d'' k
Claude L. Mul is, Cit Attorney
ATTEST:
a-&-t e,:,z, ,4 7 e 2 6,1 4,,___,
Adelaide R. Tucker, City Clerk
AB 1355