Ordinance No. 95-01-77 v ORDINANCE NO. 95-01-77
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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:
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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