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10-26-98 v
CITY OF ATLANTIC BEACH COMMISSION MEETI4G - October 26, 1998 AGENDA Call to order Invocation and pledge to the flag 1.Approval of the minutes of the Regular Commission Meeting of October 13, 1998 2.Recognition of Visitors: 3.Unfinished Business: A. Consideration of a request to close Beach Avenue to through traffic from the Sea Turtle to 20th Street (Mayor) B. Action on suggested language for insurance and hold harmless requirements in contracts for long term use of city facilities (Mayor) C. Approve upgrades to lifeguard vehicle at a cost of$2,722.00 (City Manager) 4. Consent Agenda: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Reject all bids received under Bid No. 9798-37 for the purchase of polymer (City Manager) 5.Committee Reports: 6.Action on Resolutions: 7.Action on Ordinances: A. Ordinance No. 95-98-69: Final Reading and Public Hearing AN ORDNANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE (City Commission) B. Ordinance No. 90-98-167: Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, SECTION 24-17, DEFINITIONS, AND SECTIONS 24-104, 105, 106 AND 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE IN RESIDENTIAL DISTRICTS TO FIFTY PERCENT (50%), AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) Page Two AGENDA October 26, 1998 C. Ordinance No. 58-98-25: Introduction and First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS,DIVISION 3,RETIREMENT SYSTEM TO COMPLY WITH STATE AND FEDERAL LAWS (City Manager) 8.New Business: A. Authorize execution of Contract Services Agreement with D & A Inspections Unlimited (City Manager) B. Authorize the City Manager to establish an Employee Leave Donation Program effective October 1, 1998 (City Manager) C. Authorize the expenditure of an amount not to exceed $3,500.00 for the 1997 Town Center Holiday Tree lighting celebration (City Manager) 9. City Manager Reports and/or Correspondence: 10. Reports and/or requests from City Commissioners, City Attorney and City Clerk Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting,such person may need a record of the proceedings,and,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM,Friday,October 23, 1998. V V O O T T MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E BEACH CITY COMMISSION HELD IN CITY HALL, 800 s s SEMINOLE ROAD, AT 7:15 PM ON TUESDAY, OCTOBER 26, 1998 PRESENT: Suzanne Shaughnessy, Mayor Mike Borno John Meserve Theo Mitchelson, Commissioners AND: James Jarboe, City Manager M S Maureen King, City Clerk 0 E Alan C. Jensen, City Attorney T C I O Y ONEN ABSENT: Richard Beaver COMMISSIONERS N D S 0 The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The Invocation was offered by Commissioner Borno, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held 0October 13, 1998. The Mayor asked for corrections or amendments to the minutes. Commissioner Mitchelson requested that the minutes be amended to reflect that he was the sponsor of Item 7B, by striking through Commissioner Meserve and inserting Commissioner Mitchelson. BORNO X X Motion: Approve minutes of the Regular Meeting held ME SERVE X October 13, 1998 as amended. MITCHELSON X X SHAUGHNESSY X The minutes were unanimously approved as amended. 2. Recognition of Visitors: A. Alan Potter of 374 Second Street commented on a memo from the City Manager dated October 9, 1998, concerning the capacity of the Buccaneer Wastewater Treatment Plant. He felt that the capacity was available, and the city should operate its utilities as a business and provide the requested service. The referenced memo is attached and made part of this official record as Attachment A. 0 B. J.P. Marchioli of 414 Sherry Drive stated he was surprised to learn the city had a Y2K Committee and was pleased to know the city was taking a proactive position concerning the potential problem. M S O E T C I O Y Minutes Page -2- ONE N COMMISSIONERS N D S 0 IP October 26, 1998 3. Unfinished Business: A. Consideration of a Request to Close Beach Avenue to Through Traffic From the Sea Turtle to 20th Street(Mayor) Mayor Shaughnessy explained that the request to close Beach Avenue to through traffic had been made by a resident who indicated he enjoyed the recreational nature of the street. The Mayor asked for a motion and since no motion was made, the Commission took no action on the request. B. Action on Suggested Language for Insurance and Hold Harmless Requirements in Contracts for Long Term Use of City Facilities (Mayor) Motion: Approve staff recommendation 1 as listed in the memo BORNO X X 0 from Human Resource Manager George Foster dated October MESERVE X x 20, 1998. (The memo is attached and made part of this official MITCHEL SON NESS X SHAUGHNESSY X record as Attachment B). Commissioner Borno believed the city should not place a stringent burden on not-for-profit organizations with the proposed requirements. Commissioner Mitchelson concurred, but stated he did not believe there was a financial hardship because no organization came forward to present financial data indicating it would be a burden. Commissioner Meserve stated that he did not know what the impact would be and he would like a report from the insurance company as to the costs involved. He further stated he did not want to put anyone out of business as a result of the requirements and he needed additional information concerning the impact for "long term" and "short term" users of the facilities. Mayor Shaughnessy agreed and stated she also would like additional information. There was no further discussion and the motion failed by a four to zero vote 0 with Commissioners Borno, Mitchelson and Meserve and Mayor Shaughnessy voting nay. M S O E T C I O Y Minutes Page -3- N D SE N COMMISSIONERS N D S 0 1111 October 26, 1998 Motion: Defer action until the next Commission Meeting BORNO X X November 9, 1998)in order to receive information concerning MESERVE X X the costs involved and the impact the requirement would have MITCHELSON X on the organizations using city facilities. SHAUGHNESSY x There was no discussion and the motion carried unanimously. C. Approve Upgrades to Lifeguard Vehicle at a Cost of$2,722.00 City Manager) Motion: Approve upgrades to the lifeguard vehicle in the BORNO X X amount of$2,722.00 as recommended by Public Safety Director MESERVE X Thompson. MITCHELSON X X SHAUGHNESSY X Stephen Kuti distributed a memo to the Commissioners prior to the meeting questioning the proposed upgrades to the vehicle. Mr. Kuti's memo is attached and made part of this official record as Attachment C. 0 Commissioner Borno inquired as to why the city was spending the money to upgrade a 1978 vehicle. Public Safety Director Thompson explained that the paint upgrades would prolong the useful life of the vehicle beyond the usual two years for a vehicle used on the beach. It was pointed out that Beach Buggies and 4 x 4's would grant a full two year warranty upon completion of the vehicle. Public Safety Director Thompson's memo dated October 19, 1998 concerning the proposed upgrades is attached and made part of this official record as Attachment D. Mayor Shaughnessy inquired as to the requirement for dual catalytic converters and was told it was needed to assure compliance with all emission control regulations. It was pointed out that in the past governments were exempted from the requirements,but that was no longer the case. David Boyer of 2059 Beach Avenue concurred with the dual catalytic converters upgrade and commented he did not believe the city would want to have a polluting vehicle on its streets. There being no further comments,the motion carried unanimously. ill4. Consent Agenda: M S O E T C I O Y ONE Minutes Page -4- COMMISSIONERS N D S N IIOctober 26, 1998 A. Reject All Bids Received Under Bid No. 9798-37 for the Purchase of Polymer Motion: Reject all bids received under Bid No. 9798-37 for the BORNo x x ME SERVE X purchase of polymer and rebid the contract as recommended by MITCHELSON x X staff. SHAUGHNE S SY X There was no discussion and the motion carried unanimously. 5. Committee Reports: There were no committee reports. 6. Action on Resolutions: There was no action on Resolutions. go7. Action on Ordinances: A. Ordinance No. 95-98-69 Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES AND PROVIDING AN EFFECTIVE DATE. Mayor Shaughnessy read the ordinance by title only. She opened the floor for a public hearing and invited comments. J.P. Marchioli of 414 Sherry Drive inquired why the ordinance did not limit the number of pets allowed in one household, nor address other types of pets such as snakes, ducks, rabbits, etc. Dr. Sylvia Simmons, Chairperson of the Animal Control Review Committee, stated that poultry was covered by the ordinance. She further stated that there was no limitation placed on the number of animals, however, that may be addressed in other areas of the code such as under nuisances or public health. 0 George Bull of 1937 Sevilla Boulevard West favored passage of the ordinance. M S O E T C I O Y ONEN Minutes Page -5- COMMISSIONERS N D S 0 010 October 26, 1998 Harry Havercamp of 848 Ocean Boulevard expressed concern the ordinance would prohibit small dogs from going in the ocean, treat cats differently than dogs in that cats were not required to be leashed, and would create a "police state" with neighbors turning in neighbors for purported violations. David Boyer of 2059 Beach Avenue felt the ordinance could not be enforced equally for dogs and cats and was unfair in that respect. He believed the fines were too high, and that dogs should have an area on the beach where they could run free. He felt most dog owners were responsible and cleaned up after their animals on the beach, and the ordinance was "overkill". Mike Waters of 1864 Beachside Court sympathized with the Pointevants whose dog was killed on the beach, and hoped that an attack never happened again, but he believed most dog owners were responsible for their animals. He also felt dogs should not have to be goleashed all of the time and needed an area to run free. Don Phillips of 1566 Park Terrace West stated his son had a retriever which needed to run free for training but he could not do this under the ordinance. He also felt an area was needed for dogs to run free. There being no further comments, Mayor Shaughnessy closed the public hearing. Motion: Adopt Ordinance No. 95-98-69 on final reading BORNO X with amendments recommended by Staff. (See Staff ME SERVE X X MI TCHEL SONReportfromDirectorofPublicSafetyThompsondatedSHAUGHNESS X X p p SHAUGHNESSY X October 19, 1998, which is attached and made part of this official record as Attachment E). Commissioner Meserve stated the city has always had a leash law which applied to both dogs and cats. He agreed the fines were pretty heavy. Commissioner Meserve also expressed concern that Section 4-22(d)of the ordinance,which requires an animal to have an Atlantic 9 Beach tag to be on the beach, would prohibit visitors from walking M S O E T C I O Y ONEN Minutes Page -6- 0 COMMISSIONERS N D S o October 26, 1998 their dogs on the beach. Dr. Simmons explained that the Animal Control Review Committee ACRC) believed visitors should pay the same as citizens for the tag which supports animal control. She further stated that the ACRC believed the Animal Control Officer could, at his discretion, issue a copy of the ordinance and a warning. Commissioner Mitchelson stated he understood the problem concerning the retriever, but he felt it was impossible to make exceptions for different breeds of dogs. Commissioner Mitchelson suggested that the Animal Control Officer carry a supply of tags to sell to out of town visitors to the beach. He believed a fine of$25.00 for the first offense was not excessive. Commissioner Mitchelson expressed some concern regarding Section 4-30(d) of the ordinance allowing one adult witness to file a sworn 0 affidavit attesting to an animal having committed a violation. Public Safety Director Thompson explained the use of an affidavit in detail and the consequences of its misuse. Mayor Shaughnessy stated the City of Atlantic Beach was no longer a rural community and revisions to the ordinance were long overdue. Commissioner Borno stated that it was never the intent of the ordinance to hurt responsible pet owners, but the ordinance needed more bite" to deal with irresponsible pet owners. Commissioner Borno also favored establishing a dog run park. Dr. Simmons stated the ACRC had discussed establishing a dog run park in the future, possibly in Tresca Park. Mayor Shaughnessy requested that the ACRC meet again to discuss establishment of a dog run park and bring their recommendation for its location to the November 9, 1998 Commission Meeting. Dr. Simmons stated the committee would do so. 0 Public Safety Director Thompson stated that for the record, a letter had been received from Billy M. Arzie referencing Section 4-30(b) of the ordinance and suggesting consideration be given to setting time M S O E T C I O Y ONE N Minutes Page -7- COMMISSIONERS N D S 0 44 IP October 26, 1998 limits between first, second, and third offenses for repeat violators. The letter is attached and made part of this official record as Attachment F. There being no further discussion, the motion carried unanimously. Mayor Shaughnessy recessed the meeting and it was reconvened at 8:53 p.m. B. Ordinance No. 90-98-167 Final Reading and Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, SECTION 24- 17 DEFINITIONS, AND SECTIONS 24-104, 105, 106, 107, RESIDENTIAL DISTRICTS, TO LIMIT LOT COVERAGE IN RESIDENTIAL DISTRICTS TO 0 FIFTY PERCENT (50%) AND PROVIDING AN EFFECTIVE DATE (Commissioner Mitchelson) Mayor Shaughnessy read the ordinance by title only and announced that the public hearing would be continued to the November 9, 1998 Commission Meeting because due to the lack of a quorum, the Community Development Board was unable to meet and make its recommendation to the Commission. It was reported that their meeting had been rescheduled for October 27, 1998, and their recommendation would be brought to the next Commission Meeting. Mayor Shaughnessy then opened the public hearing. The following citizens spoke in opposition to the proposed ordinance: George Bull Jr. of 1937 Sevilla Boulevard West, Chantal Hook of 150 12th Street, Roger Kjar of 332 Third Street, Earl Wallace of 1165 Ocean Boulevard, Peter Sapia of 1655 Selva Marina Drive, Jim Pelkey of 1887 Beach Avenue, Curtis Ford of 2030 Beach Avenue, P.J. Wetherhold of 316 9 Oceanwalk Drive North, Janelle Wilson of 3090 South Third Street in Jacksonville Beach, Ed Barbarito of 1948 Sevilla Boulevard West, J.P. Marchioli of 414 Sherry Drive, Ann M S O E T C I O Y ONE N Minutes Page -8- COMMISSIONERS N D S 0 III October 26, 1998 Meuse of 337 11th Street, Jeri Sabot of 330 1st Street, Steve Rosenbloom of 1417 Beach Avenue, and Eddie Hilliard of 338 11th Street. It was the consensus of those citizens who opposed the proposed ordinance that it constituted an unjust taking of property. They believed that the city was attempting to solve drainage problems at the expense of the residents by restricting a property owner's right to improve and enjoy his property, particularly those residents with small 50' x 100' lots. Several citizens inquired if the 50% lot coverage limitation was arbitrary. Mayor Shaughnessy explained that the ordinance was not a whim of the Commission, but had been discussed over a period of time and would be part of the city's stormwater management plan. The following citizens spoke in favor of the proposed ordinance: 0 Don Phillips of 1566 Park Terrace West, Alan Potter of 374 Second Street, Nancy White of 1729 Seminole Road, and Fred Kerber of 375 1st Street. Those supporting the ordinance believed it would curtail the overbuilding which has been occurring on small lots throughout the city, and if passed, would allow the St. Johns River Water Management District (SJRWMD) to look favorably on the City of Atlantic Beach in that they have taken positive steps to control pollution and improve drainage. Dorothy Kerber of 365 1st Street presented the Commission a petition requesting the Commission's assistance with a neighborhood preservation project. The petition is on file in the Office of the City Clerk. Commissioner Mitchelson stated he was the sponsor of the ordinance and explained that the 50% maximum impervious area requirement for all residential zoning districts was chosen as a starting point. He pointed out that the current ordinance allows 0 100% coverage on any lot in the city, which he believed was not good for drainage or property values. Commissioner Mitchelson reiterated that the 50% figure was used as a starting point to M S O E T C I O Y ONEN Minutes Page -9- COMMISSIONERS N D S 0 0 October 26, 1998 address the city's drainage problem. Mayor Shaughnessy explained that the ordinance would be part of the upstream management portion of the stormwater collection system and pointed out that increased lot coverage along the oceanfront had become a contributing factor to the drainage problems of the core city. Mayor Shaughnessy indicated that the SJRWMD monitored water quality and wanted assurance from the city that it would provide the best possible water quality. She pointed out that the SJRWMD repeatedly stressed to the city the importance of providing some type of filter for the pollutants. Mayor Shaughnessy pointed out that this was a drainage problem which just gets worse with increased impervious surfaces as lots are developed, and felt it would be up to the attorneys to determine if the ordinance was a taking of property. 0 Commissioner Meserve stated he could understand passing such an ordinance if Atlantic Beach was a new city, but expressed concern that implementation of the ordinance constituted a major change after the fact, which would affect every property owner in some way. He believed that the residents had bought their property with certain expectations and the ordinance may change them. He also expressed concern that permitting would become too complex. Commissioner Meserve believed the ordinance should not be passed based on the potential for something to happen (100% lot coverage) because there was no data to support what would happen with or without the ordinance. He stated he needed further input and discussion before making a decision. It was announced that the public hearing would be continued to the November 9, 1998 Commission Meeting. The Mayor called a recess at 10:10 p.m. and the meeting reconvened 10:20 p.m. C. Ordinance 58-98-25: Introduction and First Reading III AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE M S O E T C I O Y ONE N Minutes Page -10-COMMISSIONERS N D S 0 0 October 26, 1998 BENEFITS, DIVISION 3, RETIREMENT SYSTEM TO COMPLY WITH STATE AND FEDERAL LAWS (City Manager) Mayor Shaughnessy read the ordinance by title only. BORNO X MESERVE X X Motion: Pass Ordinance 58-98-25 on first reading. MITCHELSON X X SHAUGHNESSY X Mayor Shaughnessy announced that the public hearing would be held on November 23, 1998. There was no discussion and the motion carried unanimously. 8. New Business: A. Authorize Execution of Contract Services Agreement with D & A Inspections Unlimited (City Manager) BORNO X X Motion: Authorize the City Manager to execute the MESERVE X Contract Services Agreement with D& A Inspections MITCHELSON X X Unlimited. SHAUGHNESSY X City Manager Jarboe stated that the city conducted an average of 150 to 200 inspections per month. He explained the contract was advertised in both the legal and employment sections of the Florida Times Union and no other company had bid on the work. It was further explained that in addition to inspections, the Building Official conducted plan reviews and answered citizens' questions. Commissioner Borno inquired if the inspector was called on an as- needed basis. City Manager Jarboe stated he had been working three days per week. There being no further discussion, the motion carried unanimously. B. Authorize the City Manager to Establish an Employee Leave Donation Program Effective October 1, 1998 (City Manager ) BORNO X X MESERVE X X Motion: Authorize the City Manager to establish an MITCHELSON X SHAUGHNESSY X M S O E T C I O Y ONEN Minutes Page -11- COMMISSIONERS N D S 0 1111 October 26, 1998 Employee Leave Donation Program Effective October 1, 1998. Commissioners Borno and Mitchelson indicated they were in full favor of the program. There was no discussion and the motion carried unanimously. C. Authorize the Expenditure of an Amount Not to Exceed 3,500.00 for the 1998 Town Center Holiday Tree Lighting Celebration (City Manager) Motion: Authorize the expenditure of an amount not to BORNO X exceed $3,500.00 for the 1998 Town Center Holiday Tree MX X MITCHELTCHELSON X X Lighting Celebration. SHAUGHNESSY X City Manager Jarboe stated he and Recreation Director Johnson had 41, met with representatives from Town Center, the Sea Turtle, and the City of Neptune Beach to coordinate the Tree Lighting Ceremony to be held Saturday, December 5, 1998, at 5:00 p.m. The expenditures listed in a memo from Recreation Director Johnson dated October 21, 1998, were discussed item by item. Recreation Director Johnson indicated the cost for lights included replacement strings of lights for 50 to 70 trees. Mr. Johnson's memo is attached and made part of this official record as Attachment G. Mayor Shaughnessy expressed concern that the costs had doubled from the previous year's celebration and stated she would like to see the decorations before they are purchased. Mayor Shaughnessy also inquired if the city had paid groups for performing in the past, and requested that the Roberts Mt. Pisgah A.M.E. Church Choir be scheduled first on the evening's program. Commissioner Meserve believed that $3,500.00 was not an excessive expenditure for this year's expanded program. There being no further discussion, the motion carried unanimously. M S O E T C I O Y Minutes Page-12- N D SE N COMMISSIONERS N D S 0 October 26, 1998 9. City Manager Reports and/or Correspondence: City Manager Jarboe Reported he had received an estimate from the JTA's design engineers to move the city's utility lines in conjunction with the Wonderwood project which he felt was too costly. He indicated he would issue an RFP for the work in anticipation of getting a better price and bring his findings to the next meeting. Reported he had received a letter from the Navy requesting that the city provide water and sewer service to the base. He indicated he would be looking into this and would report back to the Commission at the next meeting. 10. Reports and/or Requests from City Commissioners, City Attorney and City Clerk Commissioner Meserve Reported that seventy-four trees had been planted on the Village of Mayport side as part of the ferry slip beautification project and new lighting would be installed in conjunction with the sewer project. Mayor Shaughnessy Reported she attended a Town Center Meeting earlier in the evening and a draft document relative to the three cities' participation in the project had been referred to the City Attorney for review. Stated she had attended a Florida Shore and Beach Preservation Conference last week and would provide information to the Commission at a later date. M S O E T C I O Y Minutes Page -13- N D E N COMMISSIONERS N D S 0 October 26, 1998 There being no further comments or business to come before the Commission, the meeting adjourned at 11:10 p.m. Suzanne Shaughnesfl Mayor /Presiding Of icer ATTEST: GW1t,tLK... Maureen King, CM City Clerk 4110 AIn ATTACHMENT A OCTOBER 26, 1998 COMMISSION MEETING k.,,,; l ,`:; +. ,CITY OF 4 T•T 800 SEMINOLE ROAD e ATLANTIC BEACH, FLORIDA 32233-5445 Sly TELEPHONE(904) 247-5800 4 FAX (904) 247-5805 SUNCOM 852-5800 October 9, 1998 TO:MIKE BORNO CITY COMMISSIONER IVim(• FROM: J JARBOE C a Y MANAGER 0 RE: CENTEX HOMES REQUEST FOR SEWER SERVICE Several months ago Centex Homes made a request of the City to commit to sewer service for their proposed 220 home development off of Church Road in Jacksonville. At 350 gallons per day average per house, the City would had to have given Centex a commitment of 77,000 gallons per day. We were unable to give them such a commitment due to the Buccaneer Plant being committed to the Mayport flow, the several times a year it exceeds capacity and being so near capacity. Buccaneer Sewer Capacity 1,300,000 gallons per day Average Daily Processed 1,011,000 gallons per day Remaining Capacity 289,000 gallons per day Committed to Mayport 125,000 gallons per day Remaining Uncommitted Capacity 164,000 gallons per day Centex Commitment Request 77,000 gallons per day 87,000 gallons per day* Would not handled overflows during normal storm events. cc: City Commission MI NI ATTACHMENT B OCTOBER 26, 1998 COMMISSION MEETING AGENDA ITEM: 3 II DATE: CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Discussion and action on long term rental contract for public facilities SUBMITTED BY: George Foster, Human Resource Manager Timmy Johnson, Recreation Director DATE: October 20, 1998 BACKGROUND: On November 25, 1996, the City Commission approved a standard long term rental contract for public facilities. There is nothing within the current contract that would require non-City organizations provide proof of liability and property insurance. Non-City organizations that are requesting a long term rental contract include: Acting Up, YMCA, ABET, Sea Turtle Patrol, Habitat for Humanities and Atlantic Beach Athletic Association. 0 Contracts with these organizations are up for renewal and we recommend that the City Attorney include within the contract a"standard" insurance clause for liability, property and"hold harmless." Without such requirements the City may be liable for the actions of the non-City organizations. After speaking with the organizations, providing additional insurance would bring a financial hardship on half of the organizations (ABET, ABAA, Sea Turtle Patrol). However, all of the Organizations are inclined to agree to the"hold harmless"language. The City's Liability Insurance Company has advised that: Both documents, the Hold Harmless and Certificate of Insurance, are required since the certificate is merely evidence that the other party has insurance. This is not a legal contract. Without these documents, you might find yourself financially responsible for the acts of others." The certificate will only protect the named insured and additional named insured for the conditions and limits provided in the insurance policy obtained by the"Second Party". You would not be protected if the limits are not sufficient, the coverage is inadequate, the coverage is excluded under their contract, or for some reason, their policy of insurance was canceled. In that event, you would have to rely on the Hold Harmless Agreement. But without the Hold Harmless Agreement, you would then have to defend and pay any possible judgements." 4 City of Atlantic Beach City Commission Meeting Staff Report Page 2 The following language is suggested by the City Attorney to be included in the long term rental contracts for public facilities as a requirement for standard insurance and hold harmless language, as requested by the Commission at the September 14 meeting: name of organization) agrees to indemnify and hold harmless the City of Atlantic Beach from any and all liability, defense costs, including other fees, loss or damage which the City of Atlantic Beach may suffer as a result of claims, demands, costs of judgements against it, arising from all activities engaged in by name of organization) in its use of the following public facility: In addition,name of organization) agrees to provide to the City of Atlantic Beach a certificate of insurance naming the City of Atlantic Beach as a additional insured in an amount of no less than the maximum exposure of the City of Atlantic Beach." RECOMMENDATIONS: 1) Approval of suggested additions made by City Attorney and authorize the City Manager to sign the amended long term rental contracts for public facilities to include: Acting Up, YMCA, ABET, Sea Turtle Patrol, Habitat for Humanities and Atlantic Beach Athletic Association. OR 2) Approval of"hold harmless" addition made by the City Attorney and authorize the City Manager to sign the amended long term rental contracts for public facilities to include: Acting Up, YMCA, ABET, Sea Turtle Patrol, Habitat for Humanities and Atlantic Beach Athletic Association. ATTACHMENT: Suggested language change memorandum from the City Attorney. REVIEWED BY CITY MANAGER: ATTACHMENT C OCTOBER 26,1998 COMMISSION MEETING Stephen A. Kuti 1132 Linkside Drive Atlantic Beach, FL 32233 Tel: 904/246-3700 e-mail: oregciganyg acorn October 26, 1998 City of Atlantic Beach City Commissioners 800 Seminole Road Atlantic Beach, FL 32233 Re: Lifeguard Vehicle Upgrade 78 JEEP CJ 7 Madam Mayor, Commissioners; Our City has a contract with "BEACH BUGGIES "to build a vehicle from frame to completion", designed "for the type of abuse, the vehicle will encounter over it's lifetime ",which is normal use for beach patrol. Recently, Beach Buggy contacted the City and recommended adding the following: 1. Ceramic coat the HEADERS 239 2. Dual catalytic converters 150 3. Nerf bars (to prevent sliding upon entering) 129 4. Locking gas cap 12 5. Powdercoat all four (4) wheels 255 6. Locking hood 27 7. Custom built storage rack 350 8. Front bumper appliques 89 9. Powdercoat frames 800 10. Tri-stage paint(Original paint was to be for Standard Paint) 800 11. Remote -controlled spot light 50 Total: 2901 Labor is provided FREE, according to Beach Buggy. Questions: a. Why are we spending dollars on a '78 Jeep? b. Why were these adders omittedfrom the original price ? c. How many years will be added with these additions ? ATTACHMENT D OCTOBER 26, 1998 COMMISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: LIFEGUARD VEHICLE UPGRADES SUBMITTED BY: David E. Thompson, Director of Public Safety DATE: October 19, 1998 BACKGROUND: In March of 1998, the City Commission approved the funding for the purchase of a vehicle for the lifeguards. This vehicle was to be purchased through Beach Buggies and 4X4's in Atlantic Beach, and it would essentially be built and designed for the type of abuse that is normal for beach patrol operations. It included numerous upgrades to resist the salt and sand that the vehicle will encounter over its lifetime. Since the process included building the vehicle from the frame to completion, the vehicle is only now approaching completion. Before the finishing touches are completed, the builder recommends a variety of upgrades to further protect it from future damage. Each item and the associated costs will be discussed below: 1. Ceramic Coat Hedders: If they are not protected, they will rust. Normal paints will not withstand the temperatures, and the ceramic coats will protect them for many years; Cost $239 2. Dual Catalytic Converters: To assure compliance with all emission regulations, the additional costs will be about $150. 3. Nerf Bars: These will improve safety for everyone entering or exiting the vehicle. These will fill the space so that feet do not slip through spaces where they are stepping in and out. Cost $129 4. Locking Gas Cap Cost $12 5. Locking hood Cost $27 6. Powdercoat all 4 Wheels: Paint will not protect the wheels from rust under beach conditions. This process will protect them much better. Cost $255 7. Custom Built Storage Rack:This rack was designed by the builder in conjunction with the Lifeguard Chief. It is a metal rack that will allow the vehicle to carry equipment that is often left at the 1111 station or carried by hand. Cost $350 8. Front Bumper Appliques: These will protect the front bumper from being"sandblasted" while driving on the beach, leading to rust. Cost $89 9. Powdercoating for Frames and all Accessories: After research, it was established that powdercoating was clearly superior to standard paints for rust prevention. To withstand marine elements, this process was recommended. Cost $800 10. The original estimate for painting was for a standard paint job. However, the builder has recommended a"tri stage" paint job that includes three (3) extra clear coats to protect it. Cost $800 Note: Beach Buggies will provide all labor without charge relative to these additional items. Total Costs: $2,722 The funding source will come from Capital Project money in the 1998-99 lifeguard budget. Recommendation: We recommend that approval of the additional items listed above. Attachments: Itemized list from Beach Buggies and 4X4 REVIEWED BY CITY MANAGER: ,, Ij 1 AGENDA ITEM NUMBER: PRODUCT 660 NESS Inc.,Groton,MA.01471.To Order PHONE TOLL FREE 1.800.225.6380 g) 1092 Page of • Pages ota= Eco©0!) BEACH BUGGIES & 4X4's THE JEEP SPECIALISTS" 20 Dormer Road ATLANTIC BEACH, FL 32233 904) 242-0392 NAME PHONE DATE 12w ` 16 l Le lc)S STREEt 1 n CITY i! V C'L.,r`t;lr->- _-lJ 1-10-L L—a\ YEAR COLOR s E MODEL RE 1SIBAI19M-NO. AK1 ODOMETER ESTIMATE PR D BY REPLACE REPAIR . DESCRIPTION PARTS LABOR REFINISH SUBLET Q/C>` 1 Z I C` i C-(3,-C C c_Cl 1--U_c() CU C' ^ liJ;mac \ )1 l , 423. 7C:0 r-0..._;, -,-,72—A C-C'TLL.v 1zLEk iL C4- b cb(A.x c.Le E --- ' . 50„ N). 1 ?-) CLIAi( 39ce 1 L t .,1lc.:_s` 0._0,....,\ `-U y I lJ l 1. —^ n e s e a / V' S.J Q 7 I A • k7-- cam...,,,,' 1" r 1 v fJac, C, LLcCl Ir'Yt6 CET c c'0 J J-4.... .tel t i/' i q c '1 J TOTALS 0 bove is an estimate based on our inspection and does not any additional parts or labor which may be required after the TOTAL PARTS has been started. Occasionally, worn or damaged parts are discovered which may not be evident on the first inspection. TOTAL LABOR Because of this, the above prices are not guaranteed. Quotations TOTAL REFINISH on parts and labor are current and subject to change. TOTAL SUBLET AUTHORIZATION FOR REPAIR. You are hereby authorized to make the above repairs: TAX Page of Pages 10 9 3 r©OR 12 [ nri]E:R(, ..., BEACH BUGGIES & 4X4's THE JEEP SPECIALISTS" 20 Donner Road ATLANTIC BEACH, FL 32233 904) 242-0392 NAME PHONE DATE STREET CITY YEAR COLOR MAKE MODEL REGISTRATION NO. SERIAL NO.ODOMETER ESTIMATE PREPARED BY INSURANCE CO. ADJUSTOR REPLACE REPAIRz,,. DESCRIPTION PARTS LABOR REFINISH SUBLET 7 Pct L u.Z-C1C_ ci—te Li CUL( LI 4 -k , i s .-w t—* --z- ; C`tc j ` i 55 31.,....,,,ide,. e _(-....,:it ' :._,.' i_Lii-Ks__Q- A d fir 0 k_A-K.-k....6,-,c‘_ir,,,r ri-- ..k.-1..-L. , ----) -1Li, _j_er,....c;-,e___, e...,(-Lcy, ij.j,,3,._ ' v c),_ (-,,„, • -L6r),_ VA.:-,,,C S c- y v —t l .,.,,.51 4- 3 r. r4„-T- ' ...1..t.---v•-i\J2-A a p.,,-,..9...__:,t,1,....LA‘‘. t it S(-4-.m Lk & AlL:_.+t-t-A wL r'Y , ,,,kt.`, 1._' -e•-4 -e---. \ C` 1..z 1 TOTALS 1 The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required after the TOTAL PARTS work has been started. Occasionally, worn or damaged parts are TOTAL LABORdiscoveredwhichmaynotbeevidentonthefirstinspection. Because of this, the above prices are not guaranteed. Quotations TOTAL REFINISH 41Ik TOTAL SUBLET parts and labor are current and subject to change. THORIZATION FOR REPAIR. You are hereby authorized to make the above repairs: TAX SIGNED: TOTAL DATE: o 1......111711.11.1-09 4 Page of Pages OER - Dfffl Eca©, BEACH BUGGIES & 4X4's THE JEEP SPECIALISTS" 0 20 Donner Road c--- ATLANTIC BEACH, FL 32233 JZ 904) 242-0392 NAME PHONE DATE STREET CITY YEAR COLOR MAKE MODEL REGISTRATION NO. SERIAL NO. ODOMETER ESTIMATE PREPARED BY INSURANCE CO. ADJUSTOR a REPLACE REPAIR DESCRIPTION PARTS LABOR REFINISH SUBLET r) i ci.5_+l Cie e l t_(_.c`; c t 11 _ 1..L'V,ti..0 11 (- L-ti I, ,,-_, c, LA.:\ i,....,,_„ - t..„ : ... _ ,, Lac•. : 4`:..,.' r Pc. w\ A . l.,.j.J (—r_ C,o--l-C Lc , c'{17-76' .. t L j'% /k-1--,__. : :. ,C,' ., r` 0 ( 37-_,_.s a- 0 L-ick--, rl. ti.L L L L- r. ” r " ' v > _(La 4,C d c-,..,_. - .. .._,_.. .4.,.._,,_____.1.L,,i- ,• , Lk( c_...).;: tc._-:st,-:-.4___•r.)...jtc-,1\ko >,...:-___. 4:-...J.L.___,.::.t..., c,-.,-- „,..„..„---f- ._-----,-__ ,: _c ,__,;EIVA---) , _ -. , 1 i ck..A.,,,...., ,_.).e.t.....C--- i_)--tc-x_4_k_t-e_L.)--/e—A 1_,c)..ia____ 0---- tI 5_____!.,....::A___,....`_` v c v \\ r - 1 f L L l-Li t t., ,..„.__ c___,_.-„:6-- ,\ ,.._,.4... . LE___0-..A. Li cc*/ c t om- . fia,2. Pck.Lv. 6-1- - 7 N)o.-i-F ,i 1-.2_\A,_c__ _1.-x, ri_eti2.32. a-- - _,_. . 4--,. , i.__,e___ 4,..,_TOTALS The above is an estimate based on our inspection and does not cover any additional parts or labor which may be required after the TOTAL PARTS work has been started. Occasionally, worn or damaged parts are discovered which may not be evident on the first inspection. TOTAL LABOR ecause of this, the above prices are not guaranteed. Quotations TOTAL REFINISH arts and labor are current and subject to change. TOTAL SUBLET UTHORIZATION FOR REPAIR. You are hereby authorized to make the above repairs: TAX SIGNED: TOTAL DATE: AM Mb ATTACHMENT E OCTOBER 26, 1998 COMMISSION MEETING CITY OF ATLANTIC BEACH 111 CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Animal Control Ordinance SUBMITTED BY: David E. Thomp o-n, Director of Public Safety DATE: October 19, 1998 BACKGROUND: Regarding the wording of Section 4-29 in the proposed ordinance, the following wording may be more appropriate: Suspected rabies cases will be handled according to the Health Code as established by the State Department of Environmental Health (authorized by F.S.S. 381.006)." This previous statute number cited in the proposal, 381.03(1) , is not correct. RECOMMENDATION: We recommend that this change be inserted into the proposed 0 ordinance. ATTACHMENTS: NONE REVIEWED BY CITY MANAGER: 1 )7 AGENDA ITEM NUMBER: ORDINANCE NO. 95-98-69 0 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH REWRITING IN ITS ENTIRETY CHAPTER 4, ANIMALS, OF THE CODE OF ORDINANCES 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, Articles I and II, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: Chapter 4 ANIMALS ARTICLE I. IN GENERAL Sec. 4-1. Animal control enforcement. The provisions of this chapter shall be enforced by the animal control officer(s), police officer(s), and code enforcement officer(s) of the city. Sec. 4-2. Interfering with officers. No person shall interfere with, resist, or hinder any animal control officer, police officer, or code enforcement officer in the performance of any duty required by the provisions of this chapter. Sec. 4-3. Animal shelter or impounding vehicles; breaking open fences, etc., of; removal of animals. No person shall break open or assist in the breaking open of any of the fences, gates, fastenings or enclosures of the animal shelter or impounding vehicles and no unauthorized person shall remove or let loose any animal from the shelter or impounding vehicles. Sec. 4-4. City designated bird sanctuary; shooting, molesting, etc., of birds prohibited; exception. 0 a) The entire area embraced within the city is hereby designated as a bird sanctuary. Ordinance No. 95-89-69 0 b) It shall be unlawful to trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl nests; provided, that if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or a menace to health or property, in the opinion of the proper health authorities of the city, then the health authorities shall meet with representatives of the Audubon Society, bird club, garden club or humane society, or as many of the clubs as are found to exist in the city, after having given at least three (3) days' actual notice of the time and place of the meeting to the representatives of the clubs. c) If as a result of the meeting no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such number and in such manner as is deemed advisable by the health authorities under the supervision of the chief of police of the city. Sec. 4-5. Cruelty to animals. a) It shall be unlawful for any person to overload, overdrive, torture, torment or deprive of necessary sustenance, food or drink, or unnecessarily or cruelly beat, mutilate 0 or kill any animal or cause or permit either of such offenses to be committed. b) It shall be unlawful for any person to willfully and maliciously steal, kill, wound or injure any animal which is the property of another or willfully and maliciously administer poison to any animal or expose any poisonous substance with intent that the same shall be taken and swallowed by any animal which is the property of another. c) It shall be unlawful for any person to willfully and maliciously mistreat or abandon any animal within the limits of the city. State law reference(s)--Cruelty to animals, F.S. Ch. 828. Sec. 4-6. Reserved. Sec. 4-7. Keeping or maintaining certain animals in the city. a) It shall be unlawful for any person to keep or maintain horses, mules, cows, cattle, chickens, poultry, or goats in the city, except for in special events, as approved by the city manager. S b) It shall be unlawful for any person to keep a hog or hogs upon any property or premises located within the limits of the city, with the sole exception of a bona fide, purebred miniature Vietnamese potbellied pig which is kept for the sole purpose of Ordinance No. 95-89-69 providing human companionship and which is in compliance with all other applicable provisions of this Code. Miniature Vietnamese potbellied pigs may be kept as household pets under the following conditions: 1) Ownership of a pig or other swine animal as a household pet is prohibited, except if such animal is a purebred miniature Vietnamese potbellied pig, sus scrofa vittatus, is no younger than six (6) weeks of age, weighs no more than one hundred twenty-five (125) pounds, measures no more than twenty-two (22) inches in height to be measured to the top of a front shoulder, is spayed or neutered, is registered with a purebred registry which is recognized as bona fide by the animal control officer and is kept as a household pet for the sole purpose of providing human companionship. Ownership of such an excepted pig, hereinafter "pet potbellied pig," shall be regulated by the provisions of this part. 2) No household shall own or keep more than one (1) pet potbellied pig. 3) Every pet potbellied pig shall be maintained primarily within the residence of its owner. No pet potbellied pig shall be kept out-of-doors. Every pet potbellied pig may be exercised from time to time within a securely fenced enclosure on the owner's residential 0 property or while under the secure physical control of the owner, or other custodian, by means of secure leash, chain or chord. Pursuant to section 4-24, which is hereby made applicable to this part, no pet potbellied pig shall run at large. 4) No pet potbellied pig shall be starved or otherwise deprived of healthful sustenance appropriate for its species and particular nature. Depriving a pet potbellied pig of healthful sustenance for any purpose, to include the purpose of stunting its growth of having it conform to the weight or height provisions in subsection (1) above, shall not constitute an exception to this provision. Violation of this provision shall constitute an offense punishable by a fine of five hundred dollars ($500.00). 5) All portions of chapter 4 which pertain to dogs and cats, or to relevant penalties, fees and time frames, and which are not superseded by specific provisions of this part, are hereby declared to pertain to pet potbellied pigs, as defined and regulated under this chapter, with the following provisions: a. There shall be no required annual inoculation against rabies for such pigs, but written certification by a licensed veterinarian shall be submitted as part of every application for annual license for a pet potbellied pig as proof that such pig has, within thirty (30) full business days before such application, been inoculated against and/or been 0 blood-tested, with negative results, for pseudorabies and for brucellosis; b. Pet potbellied pigs shall be exempt from the quarantine provisions of chapter Ordinance No. 95-89-69 0 4, but shall be subject to the provisions of Chapter 10D-3, Florida Administrative Code; c. Every application for annual license for a pet potbellied pig shall be accompanied by written certification from a licensed veterinarian that such pig is spayed or neutered and was, within thirty (30) days before such application is made, in compliance with this section's age, weight and height provisions; d. Every application for annual license for a pet potbellied pig shall be accompanied by a sworn affidavit signed by the applicant to the effect that such pig is and shall be, for as long as it is owned by such applicant and regulated under this part, the sole pet potbellied pig owned or kept in such applicant's household; e. Before application for annual license for a pet potbellied pig is made, the owner of such pig shall allow the animal control officer a reasonable and timely opportunity to examine such pig and its bona fides as a registered potbellied pig pursuant to subsection (1) above for the purpose of ascertaining that such pig is a true miniature Vietnamese potbellied pig; and f. The animal control officer shall have the authority to refuse application for annual license for any pig which it deems not to be identifiable as a true miniature Vietnamese potbellied pig. 6) No potbellied pig regulated by the provisions of this part shall be maintained or used as a source of food. No owner or animal shelter shall dispose of a pet potbellied pig by use, sale, trade or gift of such pig as a food source or as a research animal, but shall dispose of it only by sale, trade or gift as a household pet, pursuant to this part, by surrender to the animal control officer or to the Jacksonville Humane Society, or by humane euthanasia to be administered by the animal control officer, the Jacksonville Humane Society, or a licensed veterinarian. Failure to comply with any provision of this section shall constitute an offense punishable by a fine of five hundred dollars ($500.00). 7) All ordinance Code provisions and all Florida State Statutes which pertain to cruelty to or humane treatment of animals and which are not superseded by any specific provision of this part shall apply to the ownership of pet potbellied pigs as regulated under this part. Sec. 4-8. Reserved. 411 Sec. 4-9. Injuries caused by animals. Ordinance No. 95-89-69 0 If an animal is off of the property of its owner or of the property of the person who has custody of the animal and the animal attacks and injures any person or other animal, the owner or person in custody of the animal shall be guilty of a violation of this article. Sec. 4-10 Vicious dox Dangerous Dogs Dangerous dog" means any dog that according to the records of the appropriate authority: a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; b) Has severely injured or killed a domestic animal while off the owner's property; c) Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting or d) Has, when . . . see FS 767.11(d). 1 - 11 1 . ••- -1 • .1 • • •• - • . _ : 1 = I .1 • • •• 1 - see I 1 I 1 1 • 0 1 1 - 1 • 1 • 1 ' • - 11 •. s\ • • •i •‘ • •• I I ' .1 • GG se ,"es lirni tterrany-persolr. 4-11 to 4-20. Reserved. ARTICLE II. DOGS AND CATS* Sec. 4-21. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Cat shall mean all domestic felines. Dog shall mean all members of the canine family including pet foxes, wolves, etc. Owner shall mean any person having a right of property in a dog or cat, or who keeps or 0 harbors a dog or cat, or who has it in care or in custody. Any person who feeds, maintains, keeps, or assists in the welfare of an animal which is considered to be a stray or Ordinance No. 95-89-69 feral animal, accepts the role as the animal's owner. As such, the person is responsible for compliance with all local and state laws. The only exception to this is registered organizations who offer temporary care for stray animals. Vaccination against rabies shall mean the proper administration of anti-rabies inoculation or vaccination by a veterinarian licensed by the state board of veterinary medicine. Sec. 4-22. Registration and tagging required. a) No dogs or cats shall be owned or kept in the city unless properly registered and tagged as provided in this section. b) No person shall be allowed to keep any dog over four (4) months of age or cat over four (4) months of age in the city unless the person shall first register the animal at City Hall in Atlantic Beach and purchase a permanent nontransferable identification tag for each animal in the following sums: 1) Five dollar ($5.00) fee for cats and dogs which have been spayed or neutered. 2) Fifteen dollar ($15.00) fee for dogs or cats which have not been spayed or neutered upon proof of spaying and neutering of an animal, the city will rebate $10.00 of the fee). c) Tags lost or stolen can be re-issued at City Hall for one dollar ($ 1.00). Registration tags shall be bought at City Hall immediately upon acquisition of an animal. Rabies vaccinations shall be updated every twelve (12) months for all animals over four 4) months of age. Both city and rabies tags shall be on the animal at all times when the animal is off the owner's property. d) Anyone who takes an animal on the beach must have an Atlantic Beach tag on said animal. Sec. 4-23. Impoundment for unregistered dogs and cats. Any unregistered dog or cat found in the city 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 may be released sooner 1111 upon identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee plus an additional $7.00 per day for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. Ordinance No. 95-89-69 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) days nor more than seven (7) days, except the animal may be released sooner upon proper identification and compliance with the registration requirements contained herein, and upon the payment of a twenty dollar ($20.00) fee plus an additional $7.00 per day for the redemption of said animal. The registration fee for unregistered dogs or cats that have been picked up shall be double the fee in effect on the date the dog or cat is picked up. Sec. 4-25. Leashing. a) No-dog imiLLed, unmuzzled-orinoeula - • ' • • •.- • • ' : • •• • . 11-Public p ds;-alleys, vacant lots, etc., the beach-or-upon No dog shall be allowed off the property of its owner unless the dog is fastened to a suitable leash of dependable strength not to exceed twelve (12) feet in length. Such leash must be attached to a fixed object or specifically held by a person capable of controlling the animal. On Atlantic Beach if dog and owner are in the Atlantic Ocean together, the dog shall be allowed to swim unleashed and then immediately put back on the leash before returning to the beach. This does not include walking the dog in the water. Sec. 4-26. Damaging property. a) It shall be unlawful for any person who shall own or be in control or in charge of any dog or cat, to allow or permit the dog or cat to wander or stray upon the property of another and damage the property. b) If any dog or cat shall wander or stray upon the property of any person within the corporate limits of the city and shall cause damage thereon, proof of the damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog or cat violating the terms and provisions of this article. c) It shall be a violation for any owner of a dog or cat to allow such dog or cat to defecate on any property within the city other than the owner's private property without immediately removing such defecation with some sort of material, utensil, or suitable Ordinance No. 95-89-69 0 :container and depositing the defecation in a trash container. When walking a dog or cat on any property within the City, other than the owner's property., the owner of that dog or cat shall c. some sort of material utensil or suitable container with which to dis s ose of the defecation. State law reference(s)--Damage by dogs, F.S. Ch. 767. 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 dogs or cats within the limits of the city which bark or howl so as to disturb the sleep or peace and quietude of any inhabitants of the city unless otherwise provided by state law. b) Any animal or--fowl which persistently makes noises for an hour or longer and annoys citizens of the city shall be declared a nuisance under this chapter. Sec. 4-28. Vicious dog - (Refer to Sec. 4-10) 0 Sec. 4-29. Rabies suspected. Reference F.S.S. and Health Department 381.03(1) iit i - :I /- = i i . ••1 t . 1•- , i . / — 1• enbyadog--or-cat I 1 o • a . ••.•1_, . 1.- -, - I sit I . - : / ' I , ' I 1 • . " . 1 i ' 6 •• premises-and-thehurnanes •- • i • _ - i • - 1 :1 .1 i • - 1 . i -.lot i : sl • 1 ' - i • ' i i - I II ' . . = i i1 - • . i I 49- ii i ••I •• - ; wrier- 1 :1 • I- 1 - • - I i I I • : III i • •• 11 I i Ii . 1 I I- i - e-duty--oft ' I i i i •• - I vet i . ••• 1 i •• it I , i ' el * *1 •i ` I ' Ii • i I :1 i - ••• n in I • .1-11-- : - /i - 1 I ' /• - : , - - i - .I I I - : 1- - - , 1 - la :1 I - i I I = •Ii I •I - :1 I I . - . - . • I - i i I • - - -• •I i IIl Ii - I 1 : - fee i i - ° : '. "\ • :I it . I I i i I ut 1 1 = - I •• I•1 I , • • i •• ' I 1 i i•a i I ' 1 .i . Ii : i • 1 . • -•- I • . - _ - - 1 • - - •1 . ••1 • , I •. I • I I 1 - . •I i - 9 " - i III 1 11 : • •i 1. 1 -' i :1 ` I i i 11 1 i 1 .I - 1 I - . e, I - I - I 1 - - i ••• 1 - .I . I ' II ' I • ' I •• - I 5 - Ordinance No. 95-89-69 State law reference(s)--Authority of state department of health and rehabilitative services to adopt rules regulating quarantine or destruction of domestic pets or wild animals infected with rabies, F.S. § 381.031(1)(g)1. 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: First Offense: Twenty-five dollars ($25.00) for the first offense: if not paid within 14 days, fine goes to $50.00 if not paid within 30 days a Code Enforcement hearing would be required that could result in a fine of up to $250.00 per day; Second Offense: forty-dollars ($40.00) one hundred dollars ($100.00) for the second offense: if not paid in 14 days, fine goes to $150.00., if not paid within 30 days a Code Enforcement hearing would be required that could result in a fine of up to $250.00 per day; Third Offense: 00)-for-the-third and-sue - , u u , . tion-is-issued: third offense and subsequent offenses would require a mandatory appearance before the Code Enforcement Board. c) A five dollar ($5) 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_ 828.27 Florida Statutes. 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 828.27 of the Florida Statutes. 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 under this chapter, has witnessed the Ordinance No. 95-89-69 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 day of 1998. PASSED by the City Commission on second and final reading this day of 1998. SUZANNE SHAUGHNESSY Mayor/Presiding Officer ATTEST: MAUREEN KING, City Clerk Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney Note: New language indicated by underline ( Eliminated language indicated by strikeout( Attachment-Florida State Statute 767.11 Revision of September 23,1998 r;for du Vet le Sf afate 067.07 interpretation.-- Section 767.05 is supplemental to all other laws relating to dogs not expressly orefe red to of wayaffect any partprovision therein and shall not be construed to modify,repeal, or in anyprohibiting,' any such laws not expressly repealed therein or to prevent municipalities from p licensing, or regulating the running at large of dogs within their respective limits by law or ordinance now or hereafter provided. History.— s.2.eh.79-315. 767.10 Legislative findings.— The Legislature finds that dangerous dogs are an increasingly seriousattacks widespread threat to the safety and welfare of the people of this state because of unprovoked atttks to the failure of injury to persons an_dQmestic animals;that such attacks are in part attributable that existing laws inadequately owners to confine and properly train and control their dogs; to impose inadequately address this growing ploblem; and that it is appropriate and necessary p 0requirements for the owners of dangerous dogs. History.— s. 1.ch. 90-180. 767.11 Definitions.--- As used in this act, unless the context clearly requires otherwise: 1) "Dangerous dog" means any dog that according to the records of the appropriate uthority:a humana) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on being on public or private property;b) Has more than once severely injured or killed a domestic animal while off the owner's property;fighting or is a dog trained for dogc) Has been used primarily or in part for the purpose of dog fig fighting; ory d) Has, when unprovoked, chased or approached a persona Pok the streets, tsidat such s, acor snyre publicc grounds in a menacing fashion or apparent attitude of provided investigated u ythe attested to in a sworn statement by one or more persons and dutifully appropriate authority. 2) "Unprovoked" means that the victim who has been conductinga himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. 3) "Severe injury" means any physical injury that results in broken bones,multiple bites, or 0 disfiguring lacerations requiring sutures or reconstructive surgery.a dangerous 4) "Proper enclosure of a dangerous dog" means, whileothe ae e property, n o structure, rty, dsuitable to dog is securely confined indoors or in a securely enclosed from escaping. Such pen prevent the entry of young children and designed to prevent the animalover, c or structure shall have secure sides and a secure top to prevent heeOzogfrom sescaping under, or through the structure and shall also provide protection 1) tas.wu.t,:_. 09 5) "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. 6) "Animal control officer" means any individual employed, contracted with, or appointed by theanimalcontrolauthorityforthepurposeofaidingintheenforcementofthisactoranyotherlaworordinancerelatingtothelicensureofanimals, control of animals, or seizure and impoundmentofanimalsandincludesanystateorlocallawenforcementofficerorotheremployeewhoseduties in whole or in part include assignments that involve the seizure and impoundment of any animal. 7) "Owner" 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. History.— s.2,cls. 90-180:s.2.ch.93-13; s. 1156.ell.97-102. 767.12 Classification of clogs as dangerous; certification of registration; notice and hearing 0 requirements; confinement of animal; exemption; appeals; unlawful acts.— 1) (a) An animal control authority shall investigate reported incidents involving any dog that maybedangerousandshall, if possible, interview the owner and require a sworn affidavit from anyperson, including any animal control officer or enforcement officer, desiring to have a dogclassifiedasdangerous. 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 classification. The address of where the animal residesshallbeprovidedtotheanimalcontrolauthority. No dog that is the subject of a dangerous doginvestigationmayberelocatedorownershiptransferredpendingtheoutcomeofaninvestigation 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 apersonwho, 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 towhetherthereissufficientcausetoclassifythedogasdangerousandshallaffordtheowneranopportunityforahearingpriortomakingafinaldetermination. The animal control authority shall provide written notification of the sufficient cause finding, to the o«'ner, by registered mail, of ea certified hand delivery, or service in conformance with the provona within chapter 7 r 48 8 relatidaysng to from service of process. The owner may file a written request for a and if requested, the hearingthedateofreceiptofthenotificationofthesufficientcausefindingQ shall be held as soon as possible, but not more than 21 calendar days,and authoritynddno sonnthan11days after receipt of the request from the owner. Each applicable local go establish hearing procedures that conform to this paragraph. s._I,.,.:,ti,-... .i.:.. v.;:,; d) Once a dog is classified as a dangerous dog, the animal control authority shall providewrittennotificationtotheownerbyregisteredmail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classificationwithin10businessdaysafterreceiptofawrittendeterminationofdangerousdogclassification 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 oradangerousdogclassificationisupheldbythecountycourtonappeal, the owner of the dog mustobtainacertificateofregistrationforthedogfromtheanimalcontrolauthorityservingtheareain 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) 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) Is 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 mustcomplywithalloftherequirementsofthisactandimplementinglocalordinances, even if theanimalismovedfromonelocaljurisdictiontoanotherwithinthestate. The animal control officermustbenotifiedbytheownerofadogclassifiedasdangerousthatthedogisinhisorher jurisdiction. 4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a properenclosureunlessthedogismuzzledandrestrainedbyasubstantialchainorleashandunder control of a competent person. The muzzle must be made in a manner that will nocause or ry to the dog or interfere with its vision or respiration but will prevent it from biting any person 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• rs ofherh in a the immediate the enclosure when iate household or persons 18 years of age or older are allowed ed the dog is present. When being transported, such dogs must be safely and securely restrain within a vehicle. in anylegal hunt or 5) Hunting dogs are exempt from the provisions of this act when engaged 19,7 1 i,,rioa Statutr_ s; Cbntp:t;;Data S)>tent;.Inc. 1997 0 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. History.— s. 3.cll. 90180;s.3,el). 9313.s ;. ch. 94-339:s. 1157,ell. 97-102. 767.13 Attack or bite by dangerous clog; 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. 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 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. 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. v.:!_t:_s _.._.._ t.•:..... • ss..,:::,:-..12..:. 19 - 1(5)If a dog attacks or bites a person who is engaged in or attempting to engage in a criminalactivityatthetimeoftheattack, the owner is not guilty of any crime specified under this section. History.— s.4,ch.90-180;s.4,ch.93-13;s.4,ch.94-339. 767.14 Additional local restrictions authorized.— Nothing in this act shall limit any local government from placing further restrictions oradditionalrequirementsonownersofdangerousdogsordevelopingproceduresandcriteria for the implementation of this act, provided that no such regulation is specific to breed and that the provisions of this act are not lessened by such additional regulations or requirements. This section shall not apply to any local ordinance adopted prior to October 1, 1990. History.— 5,el.90-180. 76735 Other provisions of chapter 767 not superseded.-- Nothing in this act shall supersede chapter 767, Florida Statutes 1989. H istory.— s.6.ch.90-180. 767.16 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, oranydogthatisusedasaservicedogforblind, 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. I•)97 1.1oil tt t•_1_'_.. x Couq» llath S.,totm Lt:. 097 Ch.828 ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION i. 16) A pet dealer may not knowingly misrepresent 828.41 Definitions.—As used in ss.EA !'. `- the breed, sex, or health of any dog or cat offered for the term: Ti _> sale within the state. 1) "Animal enterprise"means: a.. 17) Except as otherwise provided in this chapter, a (a) A commercial or academic enterprtatt,`'.`_ :••••'•- person who violates any provision of this section corn- animals for food or fiber production,.sip,,'" `'' Forgery. mits a misdemeanor of the first degree, punishable as research, or testing; i' Uttering forged instr provided in s. 775.082 or s. 775.083. b) A zoo, aquarium, circus, rodeo.or •, _' 1•1 Evidence in prosect History.—s.1,ch.81-234;s.1,ch.90-154;S.23,ch.90.321;s.9,ch.91.294; petitive animal event; Or i. terteiling. s.8,ch.93-13;s.1290,ch.97-102. Forging or counterfENote.—Former s.585.195;s.828.31;s.585.95. c) Any fair or similar event intende dl ltd 1;;-.._ agricultural arts and sciences. session of reprod 828.30 Rabies vaccination of dogs and cats.— 2) "Physical disruption"does not indLt• `> `',,,. :Penalty for chant 1) All dogs and cats 4 months of age or older must ful disruption that results from lawful putt- Instruments of wr be vaccinated by a licensed veterinarian against rabies mental, or animal enterprise employee Pending goods or with a United States Government-approved vaccine. disclosure of information about an animal' • trademarks or set The cost of vaccination must be borne bythe animal's z Fictitious signature3) "Serious bodily injury" means badly,' bank bills o owner. creates a substantial risk of death or- • Forging 2) A dog or cat is exempt from vaccination against permanent disfigurement, or protracted lois. '! Y:' Possessing certain rabies if a licensed veterinarian has examined the ani- ment of the function of any bodily memberr'•,,Uttering forged bills P ,3 Second conviction c mal and has certified in writing that at the time vaccina- (4) "Economic damage" means the Bringing into the strtionwouldendangertheanimal's health because of its costs of lost or damaged property or reccrt r,,.,i, .."Fraudulently cost age, infirmity, disability, illness, or other medical con- of repeating an interrupted or invalidates , instrument. siderations. An exempt animal must be vaccinated and the loss of profits. Having in possessi<against rabies as soon as its health permits.History—s.10,ch.93-13. 3) Upon vaccination against rabies, the licensed f i, s, f Uttering uncurrent t veterinarian shall provide the animal's owner and the 828.42 Animal enterprise disruption; ki1 Counterfeiting coin; animal control authority with a rabies vaccination certifi- alties.— t, ''''4,‘ coins in possess cate which must contain at least the following informa- (1) A person who intentionally causes pit ti Having less than 1C tion: ruption to the property, personnel,or cps + ,..._,,,, •,-• session, with into a) The license number of the administering veteri- animal enterprise by intentionally stealir ,.._., i),,,,, Violation of s. 831: Warton. or causing the loss of, any property,irclurdrr;•;' . '!'r!; ,( Waking or possess b) The name, address, and phone number of the or records, used by the animal enterprise„arra.' 1:'.''..,i Ing bills. veterinarian and owner. causes economic damage, commits a Irdlary .. Making or having c) The date of vaccination. third degree, punishable as provided ins citing coin. d) The expiration date of the vaccination. 775.083, or s. 775.084. 2) A person who in the course of ality Counterfeit bills an e) The species,age,sex,color,breed,weight,and be seized. name of the animal vaccinated. section(1)causes serious bodily injury ton' Forging or counter( f) The rabies vaccine manufacturer. mits a felony of the second degree,punialtudlr i of examination. g) The vaccine lot number and expiration date. vided in s. 775.082, s. 775.083,or s.775411114:-' Damaging bank bil h) The type and brand of vaccine used. 3) A person who violates subsecticm(j.. Itflpeding circulatio violation results in economic dams Issuing shop bills si) The route of administration of the vaccine. 4n .... prirlging private billj) The signature or signature stamp of the $10,000, commits a felony of the seccrd-- licensed veterinarian. ishable as provided in s. 775.082, s. kr, 1,, Il : the slate. 4) Violation of this section is a civil infraction,pun- 775.084. T,: Circulating any st 4) The offender must payrestitution t, ' fe Y. ishable as provided in s. 828.27(2). bowing notes.5) This section does not prohibit or limit municipali- 775.089. Restitution includes,but is not II Making or es. ties or counties from enactingrequirements similar to or (a) The reasonable cost of repeating'i._ M 9 having more stringent than the provisions of this section for the mentation that was interrupted or inva, . 'Ti'., s 4.,•,. for counterfeitinc of the offense. tlfication cards. implementation and enforcement of rabies-control ordi- 1'.- (>Wedicinal drugs; fr nances. b) The loss of food production or farm, , Counterfeit control History.—s.7,ch.94-339;s.3,ch.95-220. sonably attributable to the offense. of r Note.—Former s.585.69. History.—s.11,ch.93-13. 1i'' utacture, deny( i-ti Intent to sell, ma 828.40 Short title.—Sections 828.40-828.43 may 828.43 Injunction.—In a case of onto. >+• f;..t• be cited as the "Florida Animal Enterprise Protection enterprise disruption, the aggrieved animal r' 1 Forgery.—Whoe% Act.” may obtain injunctive relief. Y.. Counterfeits a publ History.—s.9,ch.93-13. History.—s.12,ch.93.13. t• ~;attestation of any cr,- A victor,notary public Ittfelution to a matter 1 attestation may be ii-l..r•'•• pr. deed, will, teE latter of attorney, otexchange or prc or discharge for 1728 ko a{; iimimmiimmimmimon ATTACHMENT F OCTOBER 26, 1998 COMMISSION MEETING DATE: October 22, 1998 0 FROM: Billy M. Arzie TO: David Thompson, Director of Public Safety SUBJECT: Ordinance No. 95-89-69 VIA HAND DELIVERY 1.Reference Sec.4-30(b)subparagraphs First, Second and Third Offense. 2.Neither the existing ordinance nor the proposed changes to this ordinance have any time limits between the First, Second and Third Offense. This will create a rather severe hardship for residents that have lived in this city for 30 years or more. In the absence of any reasonable time limits a long time resident could be faced with a Third Offense even if the Second Offense was 10 or more years ago. Many people come to the city for a short period of time. They can run up three or more tickets during their summer vacation and then move elsewhere. 3.As an example: Personally, I feel that there is a great deal of difference in someone that gets three traffic tickets within a year and one that gets three traffic tickets during a 30 year period of time. Doesn't the state have a numbers system where a driver has their license suspended if they get to many tickets during a specified period of time? And, after a specified period of time the older tickets no longer apply? 4.Just about everything in law has time limits. A credit reporting company can only post poor credit for over a certain period of time. A construction worker that does work on someone's home and doesn't get paid can file a mechanic's lien. But, if nothing is done about the lien within a year the lien is null and void. Time limits also apply to bankruptcy and even to civil suits in the form of the statute of limitations. 5.Years ago B. J. Lester prepared a ticket for one of my dogs and included in the documentation that there were five other tickets. During the first hearing in the county court the judge waived copies of all the tickets in my face. During the second hearing he waived copies of the same tickets in the face of the state attorney. The state attorney dismissed the ticket in question after discovering that the tickets covered a period of time of seven years and the time between tickets averaged 1.5 years. 6.And, last but not least, I would to share with you what I did to help contain my dog. First, I installed a six foot high chain link fence. Second, I installed a two foot wide roll of chicken wire on the ground and tied it to the fence. The grass grew through the chicken wire and could not be seen within a few weeks. This prevented the dog from digging under the fence. Third, I installed spring type hinges(butts)in all exterior swing doors. With the spring hinges the door would automatically shut even after a grand child left the door open. This last item was most successful. The hinges cost about$15 each and can be purchased from Scotty's. They fit most exterior doors without extra cutting and have the same screw hole pattern. ATTACHMENT G OCTOBER 26, 1998 COMMISSION MEETING AGENDA ITEM 6 c.- IIIDATE /D- 2b- 9R CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Discussion and action on the Tree Lighting in Town Center SUBMITTED BY: Timmy Johnson, Recreation Director DATE: October 21, 1998 BACKGROUND: The City Commission decided to hold the 1998 Holiday Tree Lighting Celebration at Town Center. There has been a coordinated effort between the City of Atlantic Beach, Neptune Beach, Town Center Merchants and the Sea Turtle Inn. The event will be held Saturday, December 5 at 5:00PM and will follow the same format as last year, songs by schools and church groups, a performance by Gene Nordan and an apperance from Santa. The cost of this event is estimated to be $3500 which will include decorations, 0 maintenance workers for set-up and break-down, officers to block streets (Ocean Blvd., 1st Street and Atlantic Blvd.), performers, bus and candy canes. Decorations (lights, bows, extention cords, candy canes, etc.) 1200 Maintenance Workers& Officers Set-up for event {2 workers ($14hr x 4hrs., ot)=$56 totaling $112 Put up decorations {3 workers ($9hr x 24hrs)=$216 totaling $648 Officers {2 officers ($20hr x 4hrs)= $80 totaling 160 Set-up, breakdown and block streets) Total for Workers& Officers 920 Performers (Gene Nordan, Mariners& Santa) 800 Bus 85 Candy Canes (For Santa to pass out) 200 Miscellaneous (Tree trimming, electrical repairs, etc.) 295 Grand Total:3500 4110 RECOMMENDATION: Staff recommends authorizing the City Manager to expend an amount not to exceed $3500 for the 1998 Town Center Holiday Tree Lighting Celebration. ATTACHMENTS: 1. Sample flier 2. Sample program REVIEWED BY CTrY MANAGEg:JC j1Y k ii. ii... 4._ 4, 446._ 4... it. 4...iii4.. Ilk ilk... -44ill626- * it -At Alik. -424-iiin.-......e lett1998TOWNCENTERA.. k ArkHOLIDAYTREELIGHTINGCELEBRATION ii... ILatt. 11_ 24k 4.. k 44,1k li_24t, 46.. 41110 46. Ix 0.. 4 Aib . 4..k SW- 41` Al:‘ 1161' 4. Air' Alb 4.. 14...k 4. k c ,,-, , , 4„ .4... 11.... .t.,* 2,11.k 4. SATURDAY, DECEMBER 5 ii. 5: 00 P M . litalrkt iiilv%- ATLANTIC BOULEVARD AT THE OCEAN 4.. FREE & OPEN TO THE PUBLIC alit RAIN DATE: iti. ailwitti. ilk. lc SUNDAY, DECEMBER 6 AT 5 :00PM 1,998 &-atiyitn exp eXeee 6444eatiow 5:00 7.00 Mistress of Ceremony Mayor Suzanne Shughnessy Welcome Atlantic Beach Mayor Suzanne Shaughnessy Santa's Arrival..Here comes Santa Claus.Gene Nordan & Mayport Middle Band Songs Roberts Mt. Pisgah A.M.E. Church Choir Theatrical Performance Acting Up Special Performance Gene Nordan Songs Atlantic Beach Elementary School Chorus Lighting of the Tree Atlantic Beach & Neptune Beach Mayor Musical Selections Mavport Middle School Band Songs Mayport Middle School Mariners Santa's Departure Approximately 8:30P.M. Closing Sponsored byPublix, City of Atlantic Beach, Neptune Beach, Town Center Merchants and the Sea Turtle Inn The Beautification Committee is selling luminaries for $2 (A kit of six) Groups that have not responded to participating