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Ordinance No. 95-99-70 v Sponsor: Commissioner Beaver ORDINANCE NO. 95-99-70 • AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 4 ANIMALS, ADDING A NEW SEC. 4-8 LEGISLATIVE FINDINGS; AMENDING SEC. 4-10, DANGEROUS DOGS, TO CORRECT NUMBERING; ADDING A NEW SEC.4-11,CLASSIFICATION OF DOGS AS DANGEROUS; CERTIFICATION OF REGISTRATION; NOTICE AND HEARING REQUIREMENTS; CONFINEMENT OF ANIMAL; EXEMPTION; APPEALS; UNLAWFUL ACTS; ADDING A NEW SEC. 4-12 ATTACK OR BITE BY DANGEROUS DOG; PENALTIES; CONFISCATION; DESTRUCTION; ADDING A NEW SEC. 4-13 BITE BY A POLICE OR SERVICE DOG; EXEMPTION FROM QUARANTINE; AMENDING CHAPTER 4, ARTICLE II, DOGS AND CATS, SEC. 4-30(b), CITATIONS AUTHORIZED; PENALTIES PROVIDED,TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE BE WITHIN THREE (3) YEARS FROM THE FIRST OR PRIOR OFFENSE BEFORE INCREASED FINES ARE APPLIED; 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, is hereby amended to correct the numbering of Section 4-10 and to add new Sections 4-8, 4-11, 4-12, and 4-13, as follows: Sec. 4-8 Legislative findings. (Sections 4-8 through 4-10 consistent with F.S. 767.10 - 767.16) The Legislature fijids that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare ofjhe people of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs;that existing laws inadequately address this growing problem; and that it is appropriate and necessary to impose uniform req irements for the owners of dangerous dogs. Sec. 4-10. Dangerous Dogs. (a)(1) "Dangerous Dog" means any dog that, according to the records of the appropriate authority: (1)(a)has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property; • (2) has severely injured or killed a domestic animal while off the owner's property; (3) ) has been used primarily or in part for the purpose of dog fighting or is a dog • trained for dog fighting; or (4)(d) 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. (b)(2) "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)Q3.) "Severe injury"means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. (d)(11 "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)l ) "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. (OW "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)(2) "Owner (of dangerous dog) 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. Sec. 4-11 Classification of dogs as dangerous: certification of registration: notice and hearing requirements; confinement of animal; exemption: appeals: unlawful acts. (1)(a) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person,including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation that is not impounded with the animal control authority shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog • 2 classification. The address of where the animal resides shall be provided to the animal control • authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. (b)A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or. while lawfully on the property.was tormenting. abusing. or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. (c) After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding. to the owner. by registered mail, certified hand delivery. or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested,the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph. (d)Once a dog is classified as a dangerous dog. the animal control authority shall provide written notification to the owner by registered mail. certified hand delivery or . service,and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph. (2)Within 14 days after a dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof. only to persons who are at least 18 years of age and who present to the animal control authority sufficient evidence of: (a) A current certificate of rabies vaccination for the dog. (b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. (c) Permanent identification of the dog. such as a tattoo on the inside thigh or electronic implantation. The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section. • 3 • (3)The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous: (a) is loose or unconfined. (b) has bitten a human being or attacked another animal. (c) sold. given away. or dies. (d) is moved to another address. Prior to a dangerous dog being sold or given away. the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction. (4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent 'erson, The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top.without a muzzle or leash. if the dog remains within his or her sight and only members of the immediate household or.persons 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. (5) Hunting does are exempt from the provisions of this act when eng.ged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures, However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes. (6) This section does not apply to dogs used by law enforcement officials for law enforcement work. (7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $500," Sec. 4-12 Attack or bite by dangerous dog; penalties; confiscation; destruction. (1)If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in s. 775,082 or s. 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary.for the proper length of time.or impounded and held for 10 business days after the owner is given written notification under s,767.12. and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s.767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. • 4 (2) If a dog that has not been declared dangerous attacks and causes severe injury to • or death of any human. the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under s.767.12. and thereafter destroyed in an expeditious and humane manner. This 10-day period shall allow the owner to request a hearing under s.767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities. yet demonstrated a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s,775,083. (3) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human_the owner is guilty of a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s,775.084, In addition. the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary. for the proper length of time or held for 10 business days after the owner is given written notification under s.767.12. and thereafter destroyed in an expeditious and humane manner. This 10-day time period shall allow the owner to request a hearing under s.767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. (4) If the owner files a written appeal under s. 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending, (5) If a dog attacks or bites a person who is engaged in or attempting to engage in • a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section," Sec. 4-13 Bite by a police or service dog: exemption from quarantine. Any dog that is owned. or the service of which is employed. by a law enforcement agency. or any dog that is used as a service dog for blind, hearing impaired. or disabled persons. and that bites another animal or human is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian." SECTION 2. ARTICLE II. DOGS AND CATS, Sec. 4-30 is hereby amended as follows: Sec. 4-30. Citations authorized; penalties provided. (b) Violations of this article shall be punishable by fines as follows: 4110 5 1. First offense: (The current offense is a "first" offense if there have been no other • citations in the preceding 36 months) Twenty-five dollars ($25.00); if not paid within 14 days,fine goes to $50.00;if not paid within 30 days, a Code Enforcement hearing is required which could result in fines of up to $250.00 per day 2. Second offense: (The current offense is a second offense if there has been only one previous citation within the preceding 36 months) One hundred dollars ($100.00): if not paid in 14 days, fine goes to $150.00; if not paid within 30 days, a Code Enforcement hearing is required which could result in fines up to $250.00 per day 3. Third and subsequent offenses: (the current offense if a third or subsequent offense if there have been two or more previous citations within the preceding 36 months) Mandatory appearance before the Code Enforcement Board 4. Anyone cited with a violation of this article who pays the required fines and then goes three(3)years with no offenses shall return to the status of having no prior offenses for the purposes of this section. SECTION 3: This ordinance shall take effect immediately upon its final passage and adoption. PASSED by the City Commission on first reading this /41£ day of , 1999. PASSED by the City Commission on second and final reading this cue-x day of 94A4 , 1999. iS SUZANNE SHAUGHNESSY 7(-. Mayor/Presiding Officer ATTEST: EN KING, i , k Ap. oved as to form and correctness: :t AN C} SEN, ESQUIRE City Atto ey • 6