Item 7BAGENDA ITEM # 7B
MARCH 24, 2008
ORDINANCE NO. 95-08-95
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 ANIMALS, AND CHAPTER 12 NUISANCES, TO
AMEND AND UPDATE VARIOUS ANIMAL CONTROL PROVLSIONS,
MAIONNG CERTAIN ANIMAL CONDUCT NUISANCES, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Sections 4-10(4), 4-24, 4-27 and 4-30 of the Code of Ordinances of the City
of Atlantic Beach, Florida are hereby amended to read as follows:
"Sec. 4-10. Dangerous dogs.
(4) "Proper enclosure of a dangerous dog" m '
that the dog is securely and
humanely confined on the owner's property within a house. boil ' ,locked pen or
other enclosure that is designed to urevent the dangerous doe from escaping over,
under or thro 1~ the enclosure (the `~y" enclosure). IF the dog.is maintained
outside, then a portion of the owner's property must be fenced with a secured
perimeter fence of sufficient height and stren tg,,~h to prevent entry by the public and
to prevent the dog_ s escape from the owner's ,property if the dog escapes from the
prinoary enclosure. Within the perimeter fence. the dolt must be humanely confined
inside a primary enclosure consisting, of a locked„„pe~ kennel or other structure of
adequate size that provides protection from the elements. The enclosure
must have secure sides that are securely set into the ground or into a concrete paw
and it must have a secure top attached to all sides. The prlmArV enclosure must be
locked at all times when the doQ is unattended by either the owner or a competent
custodian ei hg_teen years of age or older. It is not considered a proper enclosure to
simply chain, tether or otherwise tid a dog to an inanimate obiect, such as a tree or
inside a perimeter fence.
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)
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AGENDA ITEM # 7B
MARCH 24, 2008
days nor more than seven (7) days, except the animal may be released sooner upon proper
identification and upon the
payment of a thirty dollar ($30.00) fee plus additional seven dollars ($7.00) per day for the
redemption of said animal. In the event any animal has to be tranquilized with chemical capture
equipment, then the redemption fee shall be one hundred dollars ($100.00). If a dangerous dog is
impounded for running at large, then the redemption fee shall be one hundred fifty dollars
($150.00), with an additional one hundred dollar ($100.00} fee if the dangerous dog has to be
tranquilized with chemical capture equipment.
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 Begs-er-eats animal or animals within the
limits of the city which bark, meow, whine, howl or make other sounds common to
the species, ,persistently or continuously for a period of thirty (301 minutes or longer
when the animal or animals are not contained within an enclosure sufficient to baffle
loud noises and render them reasonably unobjectionable.
Sec. 4-30. Citations aethorized; 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:
General: Violations of the provisions of Cheater 4, Article II, of the Atlantic Beach
Ci ode are hereb declared to be civil infi~actions for which there ma be
impos~by the county court a maximum fine not to exceed five hundred dollars
($500.00). Anyone cited with a violation of this article may pay a fi~ as specified
below in lieu of in coon court. The fines ified shall be 'd within
the time specified below. , '
If a person fails to pay the civil fine within the time prescribed on the citation or
fails to obtain a court date or ha ' obtained a court date fails to a in court to
contest the citation, then the person shall be deemed to have waived the ri t to
contest flue citation. In such cases. final j nt may be enter~i against the person
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AGENDA ITEM # 7B
MARCH 24, 2008
the maximum civil fine ($500.001 allowed. which shall be vavable wi
(60) days from the date of execution of the final jta~nt. Alternativcly the court
may issue an order to show cause, requiring the person to appear before the court to
e 1 ' wh actin n the citation has not been taken. If an n who is issued
such an order fails to appear in response to the court's directive that person may be
held in corrtemp# of court in addition to having to nav the civil find, court costs, and
restitution, as application.
(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) calendar days, the fine goes to fifty dollars
($50.00); ,
(2) Second offense: (The cim~ent offense is a second offense if there
have been only one (1) previous citation within the preceding thirty-six (36)
months.) One hundred dollars ($100.00); if not paid within fourteen (14) calendar
days, the fine goes to one hundred fifty dollars {$150.00); '
(3) Third and subsequent offenses: (The current offense is a third or
subsequent offenses if there have been two (2) or more previous citations within the
preceding thirty-six (36} months.) Two hundred fifty ($250.00)
if not paid in fourteen (14) calendar
days, fine goes to five hundr®d dollars ($500.00).
(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) An additional fine of one hundred dollars ($100.00) for any violation
involving a dog or cat in heat.
(c) A five dollar ($5.00) 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 process 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 or any
person having custody of an animal for a violation of this article when, and only
when:
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AGENDA ITEM # 7B
MARCH 24, 2008
(1) The officer has received from an adult wiffiess 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. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended by adding new sections to be numbered Sec. 4-5(d) and (e), Sec. 414, 4-15, 4-28 and 12-
1(14), which sections sha11 read as follows:
"Sec 4-5~; It shall be unlawful to carry any animal in or upon any vehicle in an
inhumane way so as not to provide for protection, safety and comfort of the animal
(1) It shall be unlawful to carry an animal in the back of an open vehicle
without being safely tethered to avoid injury and without pro the animal from
extreme weather conditions.
(2) It shall be unlawful to leave an animal unattended in a vehicle in a
way that endangers the well-being of the animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that could reasonable be
expected to cause suffering or death.
(e) Any act, omission or nettlect whereby unnecessary or unjustifiable pain or
suffering is caused, permitted or allowed to continue to an animal when there is
reasonable remedy or relief shall be considered cruelty and is lawful under this
section.
Sec. 414. Severe utiury by dog; imuoundment; destruction.
Whether or not a dog has been previously classified as a dangerous doll, if a dog
attacks a human, causing severe injury to or the death of the human, then an animal
control officer shall bg authorized to immediately impound the dogLplacing it in
quarantine, or otherwise impounding it for ten (10~ business days.
Thereafter, the dangerous dog may be destroyed in an expeditious and humane
manner. If, prior to the ten-day time period the owner notifies the animal control
authority in writing of the owner's intent to challenge animal control authority's
decision to destroy the doe, the animal control authority sha11 continue to impound
the dog so long as the owner either posts bond, or pa Ts by certified check payable to
the city the estimated costs associated with impounding_the dog, as estimated by the
animal control authority. To appeal the animal control authority's final decision, the
owner must file a written request for a hearine in the county court within ten (10)
business days after the animal control authority's final written decision to destroy
AGENDA ITEM # 7B
MARCH 24, 2008
the doe. The owner shall be responsible for payment of all boardine costs medical
costs and other fees and charees associated with the animal control maintaining the
do¢, re~azdless of the outcome anYproceeding_
Exceptions: This section shall not apply to police dogs and it shall not appl~to
incidents when the human victim was engaging in criminal behavior or when the
human victim provoked and/or taunted the dog into attacking
Sec. 415. Abandoning animals.
It shall be unlawful for an~person to abandon an animal For purposes of this
section, it shall be considered abandonment if an animal is•
(a) Left upon or beside any street, road or other public properly, or
(b) Left on private propert ~:~or
(c) If a maimed. sick, infirm or diseased animal is forsaken entirely and left to
Sec. 428. Neglect; restraint by chaining; animal bites.
La) It shall be unlawful for any person, whether owner or anyone having chazge
custody or control thereof, to fail to provide an animal any one of the following:
(1) Clean, fresh, potable water of a drinkable temperature that is
provided in a suitable manner, in sufficient volume•
(2) Sufficient, wholesome food:
_ (3) Adequate shelter with sufficient floor three walls and roof to protect
the animal from the weather extreme temperature and direct sunlig it
(b) Restraint by chaining ~y be used provided the following conditions are
met:
(1) The chain or tether shall not weigh more than 1/8 of the animal's
body weig at;
(2) The chain or tether shall be at least ten (10) feet in len tg_li with
swivels on both ends:
_~3) The chain or tether shall be attached to a properly fitted collar or
harness worn by the animal; and
AGENDA ITEM # 7B
MARCH 24, 2008
(4) The animal while restrained by chain or tether is able to access
shelter vv~th sufficient floor, three walls and roof to protect the animal from the
weather, extreme temperattirPs and direct sunlight; and is able to access sufficient
water and sufficient wholesome food
(c) No owner of any animal shall permit the animal either willfully or through
failure to exercise due care or control to destroy or amage the property of another
mcludmg, but not limited to the unprovoked biting attacking, or wounding of
another person's anunal. No owner of any animal shall permit the animal either
wt v or allure to exercise due care or control, to bite attack or would a
human. Exemption: the provisions of this section do not applespolice dogs
Sec.12-1(14). Noiisances.
(a) Animals shall not be kept on property in a manner that causes an one or
more of the following• creates unsanitary conditions• is a source of infestation by
insects or rodents• creates physical conditions that endanger the health or safety of
humans. that are detrimental to properly values or that tend to degrade the
appearance of a nei boyhood
(b) Whenever an animal defecates upon anyproperty not owned leased, rented
or otherwise in the care custndv or control of the animal's owner the animal's
owner shall immediately remove and p~ape~rlp~i pose of feces The only exception
is by permission of the propeit~wner
(c) An owner shall remove and prope~i y c i pose of feces and other animal
wastes on owner's properiv so as to avoid noxious and nauseous odors that are
irritating, annoying or offensive to a person of normal sensibilities• or that are
injurious to human, plant or animal life• or that reasonably interfere with_the use and
enjoyment of
(d) It shall be unlawful for the owner or any persan having temporary custody,
of an animal or animals to penmit the anunal~s) either wiUfullv or through failure to
exercise due care or control to commit a nuisance by running at large habitually- by
chasing or runzli~after vehicles or persons habitually by trespassing upon public
Qr private school lzrounds habitually by tres ~ upon private properly habitually
and interfering with the reasonable use and enjoyment of the propert ~~by barking
habitually or by making other obiectionable animal noises habitually or by doing
acv other thing habitu ~,y which is so offensive as to create a nuisance For
puraoses of this section. "habitually" means at least two separate occurrences within
a time period of no more than one month: except that barking habitually or making
other obiectionable animal noises habitually means making the sound persistently or
continuously for at least thirty (30) minutes occurring at_least three separate times
within a period of no more than 30 days "
AGENDA ITEM # 7B
MARCH 24, 2008
SECTION 3. Secs. 411(' and 423 of the Code of Ordinances of the City of Atlantic
Beach, Florida, are hereby repealed.
SECTION 4. This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2008.
PASSED by the City Commission on second and final reading this day of
2008.
ATTEST:
DONNA L. BUSSEY, CMC
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
30HN S. MESERVE
Mayor, Presiding Officer
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