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Ordinance No. 95-98-69 v • ORDINANCE NO. 95-98-69 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 4, Animals, Articles I and II, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: "Chapter 4 ANIMALS ARTICLE I. IN GENERAL Sec. 4-1. Animal control enforcement. The provisions of this chapter shall be enforced by the animal control officer(s), police officer(s), and code enforcement officer(s) of the city. 0 Sec. 4-2. Interfering with officers. No person shall interfere with, resist, or hinder any animal control officer, police officer, or code enforcement officer in the performance of any duty required by the provisions of this chapter. Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of; removal of animals. No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the animal shelter or impounding vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. Sec. 4-4. City designated bird sanctuary; shooting, molesting, etc., of birds prohibited; exception. (a) The entire area embraced within the city is hereby designated as a bird sanctuary. (b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the proper health • authorities of the city, then the health authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are found to exist • in the city, after having given at least three (3) days' actual notice of the time and place of the meeting to the representatives of the clubs. (c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such number and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. Sec. 4-5. 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, 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 willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison to any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. (c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits of the city. State law reference(s)--Cruelty to animals, F.S. Ch. 828. • Sec. 4-6. Reserved. Sec. 4-7. Keeping or maintaining certain animals in the city. (a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle, chickens, poultry, or goats in the city, except for in special events, as approved by the city manager. (b) 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, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of providing human companionship and which is in compliance with all other applicable provisions of this Code. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: (1) Ownership of a pig or other swine animal as a household pet is prohibited, except if such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six (6) weeks of age, weighs no more than one hundred twenty-five (125) pounds, measures no more than twenty-two (22) inches in height to be measured to the top of a front shoulder, is spayed or neutered, is registered with a purebred registry which is recognized as bona fide by the animal control officer and is kept as a household pet for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter "pet potbellied • pig," shall be regulated by the provisions of this part. • (2) No household shall own or keep more than one (1) pet potbellied pig. (3) Every pet potbellied pig shall be maintained primarily within the residence of its owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig may be exercised from time to time within a securely fenced enclosure on the owner's residential property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Pursuant to section 4-24, which is hereby made applicable to this part, no pet potbellied pig shall run at large. (4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose of stunting its growth of having it conform to the weight or height provisions in subsection (1) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which are not superseded by specific provisions of this part, are hereby declared to pertain to pet potbellied pigs, as defined and regulated under this chapter, with the following provisions: a. There shall be no required annual inoculation against rabies for such pigs, • but written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that such pig has, within thirty (30) full business days before such application, been inoculated against and/or been blood-tested, with negative results, for pseudorabies and for brucellosis; b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter 4, but shall be subject to the provisions of Chapter 10D-3, Florida Administrative Code; c. Every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that such pig is spayed or neutered and was, within thirty (30) days before such application is made, in compliance with this section's age, weight and height provisions; d. Every application for annual license for a pet potbellied pig shall be accompanied by a sworn affidavit signed by the applicant to the effect that such pig is and shall be, for as long as it is owned by such applicant and regulated under this part, the sole pet potbellied pig owned or kept in such applicant's household; e. Before application for annual license for a pet potbellied pig is made, the owner of such pig shall allow the animal control officer a reasonable and timely opportunity to examine such pig and its bona fides as a registered potbellied pig pursuant to subsection (1) • above for the purpose of ascertaining that such pig is a true miniature Vietnamese potbellied pig; and • Sf. The animal control officer shall have the authority to refuse application for annual license for any pig which it deems not to be identifiable as a true miniature Vietnamese potbellied pig. (6) No potbellied pig regulated by the provisions of this part shall be maintained or used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade or gift of such pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the animal control officer or to the Jacksonville Humane Society, or by humane euthanasia to be administered by the animal control officer, the Jacksonville Humane Society, or a licensed veterinarian. Failure to comply with any provision of this section shall constitute an offense punishable by a fine of five hundred dollars ($500.00). (7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treatment of animals and which are not superseded by any specific provision of this part shall apply to the ownership of pet potbellied pigs as regulated under this part. Sec. 4-8. Reserved. Sec. 4-9. Injuries caused by animals. • If an animal is off of the property of its owner or of the property of the person who has custody of the animal and the animal attacks and injures any person or other animal, the owner or person in custody of the animal shall be guilty of a violation of this article. Sec. 4-10. Vie-ietts-flag Dangerous Dogs (a) "Dangerous dog" means any dog that according to the records of the appropriate authority: 111 Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property: j Has severely injured or killed a domestic animal while off the owner's property., III Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or (4) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. III (b) "Unprovoked" means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. • (c) "Severe injury" means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. (d) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements. (e) "Animal control authority" means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city, county or state. In those areas not served by an animal control authority, the sheriff shall carry out the duties of the animal control authority under this act. if "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and • impoundment of any animal. (g) "Owner" means any person, firm, corporation or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that person's parent or guardian. (a) 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. 4-11 to 4-20. Reserved. ARTICLE II. DOGS AND CATS* Sec. 4-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: • Cat shall mean all domestic felines. • • Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in care or in custody. Any person who feeds, maintains, keeps, or assists in the welfare of an animal which is considered to be a stray or feral animal, accepts the role as the animal's owner. As such, the person is responsible for compliance with all local and state laws. The only exception to this is registered organizations who offer temporary care for stray animals. Vaccination against rabies shall mean the proper administration of anti-rabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. Sec. 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 nontransferable identification tag for each animal in the following sums: • (1) Five dollar ($5.00) fee for cats and dogs which have been spayed or neutered. (2) Fifteen dollar ($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 $10.00 of the fee). (c) Tags lost or stolen can be re-issued at City Hall for one dollar ($ 1.00). Registra- tion tags shall be bought at City Hall immediately upon acquisition of an animal. Rabies vaccinations shall be updated every twelve (12) months for all animals over four (4) months of age. Both city and rabies tags shall be on the animal at all times when the animal is off the owner's property. (d) Anyone who takes an animal on the beach must have an Atlantic Beach tag on said animal. Sec. 4-23. Impoundment for unregistered dogs and cats. Any unregistered 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 of not less than three (3) days nor more than seven ( 7) days, except the animal may be released sooner upon identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee plus an additional $7.00 per day for the redemption • of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. • Sec. 4-24. Running at large. It shall be unlawful for the owner of any dog or cat to permit or allow the dog or cat to commit a nuisance or to be found running at large on any of the public streets, parks, playgrounds, alleys, beaches or vacant lots in the city and such dog or cat 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 three (3) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee plus an additional $7.00 per day for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. Sec. 4-25. Leashing. (a) • : ::: - • :, -:-. . _. • • •. :. :. : _. public places such as streets, parks, playgrounds, alleys, vacant lots, etc., the beach or upon property other than that of its owner No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be attached to a fixed object or specifically held by a person capable of controlling the animal. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash • before returning to the beach. This does not include walking the dog in the water. Sec. 4-26. Damaging property. (a) It shall be unlawful for any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon 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 control of the dog or cat violating the terms and provisions of this article. (c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate on any property within the city other than the owner's private property without immediately removing such defecation with some sort of material, utensil, or suitable container and depositing the defecation in a trash container. When walking a dog or cat on any property within the City, other than the owner's property, the owner of that dog or cat shall carry some sort of material, utensil, or suitable container with which to dispose of the defecation. State law reference(s)--Damage by dogs, F.S. Ch. 767. ID Sec. 4-27. Disturbing the peace. • (a) 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 or peace and quietude of any inhabitants of the city unless otherwise provided by state law. (b) Any animal or fowl which persistently makes noises for an hour or longer and annoys citizens of the city shall be declared a nuisance under this chapter. Sec. 4-28. Vicious dog - (Refer to Sec. 4-10) Sec. 4-29. Rabies suspected. Suspected rabies cases will be handled according to the Health Code as established by the State Department of Environmental Health (authorized by F.S.S. 381.006). Sec. 4-30. Citations authorized; penalties provided. (a) The city animal control officer or his designee as approved by the city manager shall have the authority to issue citations to those people whose pets are found to be in violation of this article and sections herein. • (b) Violations of this article shall be punishable by fines as follows: First Offense: Twenty-five dollars ($25.00) for the first offense: . . . if not paid within 14 days, fine goes to $50.00 . . . if not paid within 30 days a Code Enforcement hearing would be required that could result in a fine of up to $250.00 per day; Second Offense: one hundred dollars ($100.00) for the second offense: . . .if not paid in 14 days, fine goes to $150.00; . . .if not paid within 30 days a Code Enforcement hearing would be required that could result in a fine of up to $250.00 per day: Third Offense: wherein a citation is issued. third offense and subsequent offenses would require a mandatory appearance before the Code Enforcement Board. (c) A five dollar ($5) surcharge shall be assessed and collected upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty as authorized by 828.27 Florida Statutes. The proceeds from such surcharge shall be used only to assist in paying for the costs of training for animal control officers in accordance with the requirements of 828.27 of the Florida Statutes. Said civil penalty shall be paid to the City of Atlantic Beach. • (d) The animal control officer shall have the authority to cite the owner or any person 4 having custody of an animal for a violation of this article when, and only when: (1) the officer • has received from an adult witness a sworn affidavit attesting to the animal having committed a violation pursuant to this article: or (2) the animal control officer or other person duly authorized to enforce the provisions under this chapter, has witnessed the commission of a violation under this article. SECTION 2: This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this 28th day of September , 1998. PASSED by the City Commission on second and final reading this 26th day of October , 1998. ,s,1.,ut4 t_i_e_.,JA„,z ILL ga , SUZANNE SHAUGHNESS (J Mayor/Presiding Officer ATTEST: MA R • EEN KING, ' itya-rk App oved as to form and correctness: A Mrk . LAN CSEN, ESQUIRE City Atto Note: New language indicated by underline ( ) Eliminated language indicated by strikeout (---------) Attachment - Florida State Statute 767.11 Revision of September 23, 1998 •