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
•