Ordinance No. 95-08-95ORDINANCE 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 PROVISIONS, MAKING
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" means that the dog is securely and humanely
confined on the owner's property within a house, building, locked pen or other enclosure
that is designed to prevent the dangerous dog from escaping over, under or through the
enclosure (the "primary" 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
strength to prevent entry by the public and to prevent the dog's escape from the owner's
property if the dog escapes from the primary enclosure. Within the perimeter fence, the dog
must be humanely confined inside a primary enclosure consisting of a locked pen, kennel or
other structure of adequate size that provides protection from the elements. The primary
enclosure must have secure sides that aze securely set into the ground or into a concrete pad,
and it must have a secure top attached to all sides. The primary enclosure must be locked at
all times when the dog is unattended by either the owner or a competent custodian eighteen
years of age or older. It is not considered a proper enclosure to simply chain, tether or
otherwise tie a dog to an inanimate object, such as a tree or post, 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 lazge 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 maybe released sooner upon proper identification and upon the payment of a thirty dollaz
($30.00) fee plus additional seven dollazs ($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 mm~ing at large, then the redemption fee
shall be one hundred fifty dollars ($150.00), with an additional one hundred dollaz ($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 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 (30) 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 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:
General: Violations of the provisions of Chapter 4, Article II, of the Atlantic Beach City
Code are hereby declared to be civil infractions for which there may be imposed 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 fine as specified below in lieu of appearing in
county court. The fine specified shall be paid 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 having obtained a court date, fails to appear in court to contest the
citation, then the person shall be deemed to have waived the right to contest the citation. In
such cases, final judgment may be entered against the person in the maximum civil fine
($500.00) allowed, which shall be payable within sixty (60) days from the date of execution
of the final judgment. Alternatively, the court may issue an order to show cause, requiring
the person to appear before the court to explain why action on the citation has not been
taken. If any person who is issued such an order fails to appear in response, to the court's
directive, that person may be held in contempt of court in addition to having to pay 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 current 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
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goes to five hundred 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 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 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. 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. 4-14, 4-15, 4-28 and 12-1(14), which
sections shall read as follows:
"Sec 4-5(d). 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 protecting 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 reasonably be expected to cause
suffering or death.
(e) Any act, omission or neglect 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. 4-14. Severe injury by dog; impoundment; destruction.
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Whether or not a dog has been previously classified as a dangerous dog, if a dog attacks a
human, causing severe injury to or the death of the human, then an animal control officer
shall be authorized to immediately impound the dog, placing 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 dog, the
animal control authority shall continue to impound the dog so long as the owner either posts
bond, or pays 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 hearing in the
county court within ten (10) business days after the animal control authority's final written
decision to destroy the dog. The owner shall be responsible for payment of all boarding
costs, medical costs and other fees and charges associated with the animal control
maintaining the dog, regardless of the outcome any proceeding.
Exceptions: This section shall not apply to police dogs, and it shall not apply 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. 4-15. Abandoning animals.
It shall be unlawful for any 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 property, or
(b) Left on private property; or
(c) If a maimed, sick, infirm or diseased animal is forsaken entirely and left to die.
Sec. 4-28. Neglect; restraint by chaining; animal bites.
(a) It shall be unlawful for any person, whether owner, or anyone having charge,
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 sunlight.
(b) Restraint by chaining may 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
weight;
(2) The chain or tether shall be at least ten (10) feet in length 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
(4) The animal, while restrained by chain or tether, is able to access shelter with
sufficient floor, three walls, and roof to protect the animal from the weather, extreme
temperatures 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 damage the property of another including, but not
limited to, the unprovoked biting, attacking, or wounding of another person's animal. No
owner of any animal shall permit the animal, either willfully or through failure to exercise
due care or control, to bite, attack or wound a human. Exemption: the provisions of this
section do not apply to police dogs.
Sec.12-1(14). Nuisances.
(a) Animals shall not be kept on property in a manner that causes any 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 property values, or that tend to degrade the appearance of a neighborhood.
(b) Whenever an animal defecates upon any property not owned, leased, rented, or
otherwise in the care, custody or control of the animal's owner, the animal's owner shall
immediately remove and properly dispose of feces. The only exception is by permission of
the property owner.
(c) An owner shall remove and properly dispose of feces and other animal wastes on
owner's property 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 property.
(d) It shall be unlawful for the owner, or any person having temporary custody, of an
animal or animals to permit the animal(s), either willfully or through failure to exercise due
care or control, to commit a nuisance by running at large habitually; by chasing or running
after vehicles or persons habitually; by trespassing upon public or private school grounds
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habitually; by trespassing upon private property habitually and interfering with the
reasonable use and enjoyment of the property; by barking habitually, or by making other
objectionable animal_noises habitually; or by doing any other thing habitually which is so
offensive as to create a nuisance. For purposes 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 objectionable 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."
SECTION 3. Secs. 4-11(7) and 4-23 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 /o~~ day of /~A,rYi`- , 2008.
PASSED by the City Commission on second and final reading this Z~~h day of /y1Q~h
2008. '
ATTEST:
(I!J7/-ZQ/
DONNA L. BUSSEY, CMC
City Clerk
form and correctness:
ESQUIRE
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