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Ordinance No. 95-01-77 v ORDINANCE NO. 95-01-77 • AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 4, ANIMALS, ARTICLE II, DOGS AND CATS, SEC. 4-30, CITATIONS AUTHORIZED; PENALTIES PROVIDED, TO ELIMINATE CODE ENFORCEMENT HEARINGS AND REQUIRE COURT APPEARANCE IF FINES ARE NOT PAID, AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMNIISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Sec. 4-30 of The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended to read as follows: "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. Ir (b) Violations of this article shall be punishable by fines as follows: 1. First offense: (The current offense is a "first" offense if there have been no other citations in the preceding thirty-six (36) months) Twenty-five dollars ($25.00); if not paid within fourteen (14) days, fine goes to fifty dollars ($50.00). ; if not . .. 2. Second offense: (The current offense is a second offense if there has been only one (1) previous citation within the preceding thirty-six (36) months) One hundred dollars ($100.00); if not paid in fourteen (14) days, fine goes to one hundred fifty dollars ($150.00). ;_if not paid w thi., 30 days, . .. . i. 3. Third and subsequent offenses: (The current offense is a third or subsequent offense if there have been two (2) or more previous citations within the preceding thirty-six (36) months) Two hundred fifty dollars ($250.00); if not paid in fourteen (14) days, fine goes to five hundred dollars • ($500.00). ..• .. . . .._.. .. _ - .- 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. 5. Anyone cited with a violation of this article may pay a fine as specified above in lieu of appearing in county court. The fine specified shall be paid within the time specified above or, if not timely paid, then the increased amount within thirty (30) days of issuance of the citation and, if not paid by such time, the city shall proceed to enforce such violation as otherwise provided by law. (c) A five dollar 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 F.S. §828.27. 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 F.S. §828.27. 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 411101 or any person 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 of 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 8TH day of JANUARY , 2001. PASSED by the City Commission on second and final reading this olt0L Ad- day of a1 , 2001. ATTEST: ' 1 M AUREEN KING C' Clerk JO S` `�i� RVE Mayor/Presiding Officer Y g Ap• oved as to form and correctness: A.; AN C. .'r SEN, ESQUIRE City A . Aly