Ordinance No. 5-13-59ORDINANCE NO. 5-13-59
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2 ADMINISTRATION, ART. V BOARDS AND
COMMISSIONS, DIV. 2 CODE ENFORCEMENT BOARD, TO PROVIDE
FOR JURISDICTION OF A SPECIAL MAGISTRATE FOR DANGEROUS
DOG HEARINGS, AND PROVIDING AN EFFECTIVE DATE.
BE IT ENAC I'ED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Section 2-146 (a)(1) of The Code of Ordinances of the City of
Atlantic Beach, Florida, is hereby amended to read as follows:
"Sec. 2-146. Jurisdiction.
(a)(1) City of Atlantic Beach Code of Ordinances, per Chapter 162, Florida
Statutes, except as provided in Sec. 146.1 below."
SECTION 2. The Code of Ordinances of the City of Atlantic Beach, Florida, is
hereby amended by adding a new section to be numbered Section 146.1, which section
shall read as follows:
"Sec. 2-146.1. Jurisdiction of special magistrate.
(a) A special magistrate or special magistrates shall be appointed and removed by
the city manager subject to the approval of the commission and shall have the
jurisdiction and authority to hear and decide alleged violations of the Sec 4-10.
Dangerous dogs, Sec. 4-11. Classification of dogs as dangerous; certification of
registration; notice and hearing requirements; confinement of animal; exemption;
appeals; unlawful acts. Appointment of the special magistrate shall be made on
the basis of experience and interest in the subject matter. A special magistrate
must be a member in good standing of the Florida Bar.
(b) The special magistrate shall receive such compensation as determined by
the commission.
(c) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of the hearings.
(2) Subpoena alleged violators and witnesses to hearings.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever
steps are necessary to bring a violation into compliance.
(d) The special magistrate may impose fines to cover all costs incurred
by the City in enforcing its codes. Criteria that the special magistrate
may consider include but is not limited to the following:
(1) The gravity of the incident giving rise to the Dangerous Dog
Declaration.
(2) Any previous animal control violations.
(3) Any actions taken by the dog owner to prevent or correct
aggressive behavior.
(4) The complexity and resources required to complete the
investigation.
(5) The cost and outcome of the hearing."
SECTION 3. This Ordinance shall take effect immediately upon its final passage and
adoption.
ASSE
PASSE
ATTEST:
by the City Commission on first reading this 10t1 day ofJune 2013.
by the City Commission on second and final reading this gt'Aday of Sdi 2013.
14714V Ole)
Donna L. Bartle, CMC
City Clerk
Approved as to form and correctness:
ensen, Esquire
t omey
Ordinance No. 5-13-59 Page 2 of 2
Mike Borno
Mayor