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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 requirements contained herein. The--r-eg-i-st-pat-iTen--fcc-€eT- egis-t-er-ed degs-er-eats-that-have-beeft-pieked-trp-shell-be-dae a-tom fcc - Fr-ef eet en-the-date-the-deg-eF-ta -is-gieked-ttp- 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