Ordinance No. 95-13-106 ORDINANCE NO.95-13-106
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4 ANIMALS, TO ADD A DEFINITIONS
SECTION, TO REVISE INTERFERING WITH PERFORMANCE OF
DUTIES,TO DELETE ANIMAL SHELTER OR IMPOUNDING VEHICLES
AND REPLACE WITH AUTHORITY TO ENTER PRIVATE PROPERTY,
TO REVISE CLASSIFICATION OF DOGS AS DANGEROUS, TO ADD
HABITUAL NUISANCE, REVISE ANIMAL NEGLECT, REVISE RABIES
VACCINATIONS AND TO UPDATE CITATIONS AUTHORIZED AND
PENALTIES,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. Chapter 4 of The Code of Ordinances of the City of Atlantic Beach, Florida,
is hereby amended to read as follows:
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. The powers and
authority granted under this Chapter shall be supplemental to the powers and
authority already provided for by Florida Statutes, relating to local animal control
regulations.
Sec.4-1.1.Defmitions
For the purposes of this Chapter,the following words and terms shall have the
following meanings unless the context clearly requires otherwise.
(a) Allow or Permit, in addition to their common meanings, shall also include
any failure to take reasonable proactive measures to restrict the animal
from engaging in any activity prohibited by this Chapter.
(b) Animal means any live vertebrate creature including mammals,birds,
reptiles, amphibians and fish,but not humans, and/or as defined in F.S. §
828.02.
(c) Animal control officer/authority means any individual employed,
contracted with, or appointed by the City of Atlantic Beach, for the
purpose of aiding in the enforcement of this chapter or any other law or
ordinance relating to the licensure of animals, control of animals, welfare
of animals or seizure and impoundment of animals and includes any state
or local law enforcement officer or other employee whose duties in whole
or in part include assignments that involve the seizure and impoundment
of any animal.
(d) At-large means that an animal is off the property of its owner, unless
restrained by leash or tether of twelve feet or less in length, or other
physical control device, such that the animal is under the physical control
of a responsible person, and (i) the animal has entered upon the property
of another person without authorization of that person, or (ii) the animal
has entered onto public property, street or right-of-way. If the dog owner's
property whether owned or leased is located within a community
association or other common-property arrangement, it shall also be
considered off the owner's, leaser's, or renter's property if the animal
leaves the owner's curtilage and onto common property, unless such
property is clearly designated as an 'off-leash' area (i.e. Dog Park). An
animal on a retractable or other trolley leash system shall be considered at-
large if the leash is extended beyond twelve feet in length since adequate
physical control cannot be maintained over the animal.
(e) Business day means Monday through Friday but excluding official
holidays recognized by the City. Unless a provision in this Chapter
specifically refers to "business" day, any reference to "day" shall mean a
calendar day.
(f) Cat means all domestic felines.
(g) Control means the provision, ownership, care and/or custody of an animal
or animals (see "Physical Control" definition).
(h) Cruelty means any act of cruelty upon an animal as defined in Sec 4-5
and/or as provided in F.S. Ch. 828.
(i) Curtilage means the enclosed land or yard surrounding a house or
dwelling.
(j) Dog means all members of the canine family that are domesticated.
(k) Domestic means tame, usually by generations of breeding, and living in
close association with humans as a pet or work animal in such a way that
creates a dependency on humans so that the animal loses its ability to live
in the wild.
(1) Enclosure or Outdoor Enclosure means any structure with at least three
walls, a roof, and floor in adequate condition as not to endanger the safety
of the animal and as to provide necessary protection of the animal from
weather conditions. An enclosure must be properly located so that it does
not allow for standing water to pool inside the enclosure following any
weather event or other water intrusion. For pets not declared dangerous a
residence may be considered a proper enclosure; different rules as
specified in this chapter apply to a 'proper enclosure' for declared
dangerous dogs.
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(m) Harbor means the act of caring for and keeping an animal or the act of
providing a premise or residence to which the animal returns for food,
shelter or care for a period of at least ten days, or at the point where the
caregiver is providing the primary source of sustenance for the animal;
whichever time is shorter.
(n) Nuisance means any act performed or permitted to occur (including
permitted by lack of reasonable and appropriate action/control required for
prevention) which injures or prevents another from enjoying his/her legal
rights, in particular, the creation of conditions (including created by lack
of reasonable and appropriate action/control required for prevention)
leading to the excessive breeding of fleas or flies, odors or noises and
other obnoxious circumstances caused by the keeping of animals.
(o) Owner means any person, firm, corporation, or other entity possessing,
harboring, keeping, or having control or custody of an animal; a person
must be age 18 or older to be considered the legal owner of an animal. If a
person under the age of 18 is considered the custodian or caretaker of the
animal, the parents or legal guardians shall be considered, the legal owner
of the animal and responsible for all matters involving that animal. There
shall be a rebuttable presumption that the person's name appearing on the
animal's registration or radio frequency identification device (RFID),
commonly known as a "microchip," is the owner.
(p) Person means any individual person, firm, corporation or other entity. The
knowledge and acts of agents and employees of a firm, corporation or
other entity, with regard to the treatment of animals owned, in the custody
of or transported by such firm, corporation or other organization, shall be
the knowledge and acts of the firm, corporation or other entity.
(q) Physical Control means adequate domination or power to
influence/oppress the actions of the animal to prevent the animal from
engaging in biting, aggression towards people or animals, straying, being
at-large or other behaviors regulated by this ordinance or state law by the
use of a proper leash or similar device attached to an appropriate collar or
harness. To maintain physical control the animal must be on a leash not to
exceed twelve feet at its maximum extension. Animals on longer leashes
or similar devices extended beyond twelve feet shall be considered not
under physical control and may be subject to being treated as at-large for
provisions of this Chapter.
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(r) Quarantine or ten-day quarantine means confining an animal for
observation of any symptoms of rabies, which confinement is typically for
a ten-day time period from the date of the bite, scratch or other potential
rabies exposure, unless a longer time period is required pursuant to State
regulations and guidelines.
(s) Rabies means an acute, fatal, infectious disease of the central nervous
system that is transmitted when the virus is introduced into bite wounds,
open cuts in skin, or onto mucous membranes.
(t) Radio Frequency Identification Device (RFID), commonly referred to as a
"microchip", a device about the size of a grain of rice encased in surgical
glass that is implanted underneath the skin of a dog, cat or other animal
that when scanned produces a unique number that identifies the animal
and its owner (if properly registered). When present, an RFID with
registration information shall be considered the primary indication of
ownership.
(u) Stray means any animal that is found to be at-large, whether lost by its
owner or otherwise, or that is on the common areas of apartments,
condominiums, trailer parks or other multi-residential premises, and that
does not have identification tag and for which there is no identifiable
owner.
(v) Sufficient Food means access to the proper food for the species of animal
on a regular, ongoing basis in quantities sufficient to maintain a regular
body weight. Animals under active, current veterinary care may deviate
from this based upon the expertise of a licensed veterinarian.
(w) Sufficient Water means access to clean, fresh, potable water of a drinkable
temperature on a regular, ongoing basis that is provided in a suitable
manner and in sufficient volume.
(x) Transporting means shipping,transporting, carrying, importing, exporting,
receiving or delivering for shipment,transportation, carriage or export.
(y) Vaccination against rabies means the proper administration of anti-rabies
inoculation or vaccination by a veterinarian licensed by the state board of
veterinary medicine.
(z) Veterinarian means an individual who is licensed to engage in the practice
of veterinary medicine in Florida.
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(aa) Wholesome exchange of air means sufficient ventilation or other means of
air exchange adequate to prevent the accumulation of noxious odors and
limit airborne disease transfer and provide adequate air movement
in/through the structure.
Sec. 4-2.Interfering with performance of duties.
It shall be unlawful for any person to interfere with, resist, prevent or
hinder any animal control officer in the performance of any duty required
by this Chapter including, but not limited to, removing or attempting to
remove an animal from an animal control officers vehicle, tampering with
or removing an animal from a City of Atlantic Beach animal trap,
tampering with or destroying signs and/or other City property, interfering
with the lawful execution of the duties of an animal control officer or
interfering with the lawful impoundment of an animal. All alleged
violators of any section of this ordinance shall be required to provide
positive photo identification and accurate current residence. Violations of
the section are punishable by a fine of$500.
Sec. 4-3.Authority to enter private property.
An animal control officer is authorized to enter upon any private property that is
unfenced, or that is fenced but with a gap, opening or indentation, or with a gate
that is not closed and locked for the purpose of investigating a complaint of
violation of this Chapter or for the purpose of seizing and impounding any animal
that is stray or at-large, or as otherwise authorized by this Chapter; however, an
animal control officer is not authorized to enter a dwelling without the owner's or
the resident's permission, or without a warrant or under other authority.
Sec. 4-4.City designated bird sanctuary,trapping, hunting,molesting, etc., of
birds prohibited; exception.
(a) The entire area embraced within the city is hereby designated as a bird
sanctuary
(b) It shall be unlawful to trap, hunt, 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.
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(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.
(d) Any violations of this section may be reported to Florida Wildlife
Conservation Commission(FWC) for further investigation/disposition.
(e) Violations of this section are punishable by a fine not exceeding $500
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 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.
(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 health or 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.
(a) A Law Enforcement Officer (LEO) or Animal Control
Officer (ACO) who finds an animal in a vehicle as
described in (1) and (2) above may enter the vehicle by
using the amount of force reasonably necessary to remove
the animal. A LEO or ACO who acts in substantial
compliance with the provisions of this section shall be
immune from civil and criminal liability; and the City shall
also be held immune from civil liability
(e) Any act, omission or neglect whereby unnecessary or unjustifiable pain or
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suffering is caused, permitted or allowed to continue to an animal when
there is reasonable remedy or relief shall be considered cruelty, and is
unlawful under this section.
(f) A violation of this section is punishable by a fine of$500.
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.
(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 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
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
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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 blood-tested, with negative results, for pseudo rabies
and for brucellosis;
(b) Pet potbellied pigs shall be exempt from the quarantine
provisions of chapter 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
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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.Legislative findings.
(Sections 4-8 through 4-10 consistent with F.S. 767.10--767.16.)
The legislature finds that dangerous dogs are an increasingly serious and
widespread threat to the safety and welfare of the people of this state because of
unprovoked attacks which cause injury to persons and domestic animals; that such
attacks are in part attributable to the failure of owners to confine and properly
train and control their dogs; that existing laws inadequately address this growing
problem; and that it is appropriate and necessary to impose uniform requirements
for the owners of dangerous dogs
Sec. 4-9.Injuries caused by animals.
(a) 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.
(b) Violations of this section are punishable by a fine of$500.00
Sec. 4-10.Dangerous dogs.
(1) "Dangerous dog" means any dog that according to the records of
the appropriate authority:
(a) Has aggressively bitten, attacked, endangered or has
inflicted severe injury on a human being on public or
private property;
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(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 unprovoked, chased or approached a person upon the
streets, sidewalks, or any public grounds in a menacing fashion or
apparent attitude of attack,provided that such actions are attested
to in a sworn statement by one (1) or more persons and dutifully
investigated by the appropriate authority.
(2) "Unprovoked" means that the victim who has been conducting 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 those results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or
reconstructive surgery.
(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 are 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 (18)
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.
(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 the animal control authority for the purpose of aiding in
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the enforcement of this act or any other law or ordinance relating to the
licensure of animals, control of animals, or seizure and impoundment of
animals and includes any state or local law enforcement officer or other
employee whose duties 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 eighteen (18), that person's
parent or guardian.
Sec. 4-11.Classification of dogs as dangerous; certification of registration; notice and
hearing requirements; confinement of animal; exemption; appeals; unlawful acts.
(1) (a) An animal control authority shall investigate reported incidents
involving any dog that may be dangerous and shall, if possible,
interview the owner and require a sworn affidavit from any person,
including any animal control officer or enforcement officer,
desiring to have a dog classified as dangerous. Any animal that is
the subject of a dangerous dog investigation may be impounded
with the animal control authority. If the subject dog is not
impounded, it 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. If the dog is within a private
residence and the occupant of the residence or the owner of the
suspected dangerous dog refuses to surrender it after a request by a
LEO or ACO the animal control authority may obtain, from a court
of competent jurisdiction, a warrant to seize the dog. Failure to
surrender the dog upon request of the animal control officer is a
violation of this section subject to a $500 fine and/or any
applicable criminal penalty defined in State Law. The address of
where the animal resides shall be provided to the animal control
authority. No dog that is the subject of a dangerous dog
investigation may be relocated or ownership transferred pending
the outcome of an investigation 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 a person who, at the time, was
unlawfully on the property or, while lawfully on the
property, was tormenting, abusing, or assaulting the dog or
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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 to whether there is sufficient cause to
classify the dog as dangerous and shall afford the owner an
opportunity for a hearing prior to making a final determination.
The animal control authority shall provide written notification of
the sufficient cause finding, to the owner, by registered mail,
certified hand delivery, or service in conformance with the
provisions of Chapter 48 relating to service of process. The owner
may file a written request for a hearing within seven (7) calendar
days from the date of receipt of the notification of the sufficient
cause finding and, if requested, the hearing shall be held as soon as
possible, but not more than twenty-one (21) calendar days and no
sooner than five (5) days after receipt of the request from the
owner. Each applicable local governing authority shall establish
hearing procedures that conform to this paragraph.
(d) Once a dog is classified as a dangerous dog, the animal
control authority shall provide written notification to the
owner by registered mail, certified hand delivery or service,
and the owner may file a written request for a hearing in the
county court to appeal the classification within ten (10)
business days after receipt of a written determination of
dangerous dog classification 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.
(e) The owner of the dangerous dog shall be responsible for payment
of all boarding fees if their dog has been impounded during the
investigation, hearing or any appeal.
(2) Within fourteen (14) days after the dog has been classified as dangerous
by the animal control authority or a dangerous dog classification is upheld
by the county court on appeal, the owner of the dog must obtain a
certificate of registration for the dog from the animal control authority
serving the area in which he or she resides, that shall include at a
minimum, the following information: name, address and telephone
number of the dog's owners; the address where the dog is harbored if
different from the owner's address; a complete identification of the dog
including sex, color and any distinguishing physical characteristics, a
color photograph of the dog. The certificate shall be renewed annually.
The annual cost for such certificate of registration shall be one hundred
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dollars ($100.00). Animal control authorities are authorized to issue such
certificates of registration, and renewals thereof, only to persons who are
at least eighteen (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 as defined in Sec 4-
10(4) 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 an electronic radio
frequency identification device (RFID) implantation(microchip).
(d) Liability insurance in the amount of at least three hundred
thousand dollars ($300,000.00), or a surety bond on said
dog of at least three hundred thousand dollars
($300,000.00), which bond shall obligate the owners of any
such dog to pay to the City of Atlantic Beach and to any
person injured by such dog any damages and expenses
incurred as a result of the conduct of such dog or its owners
(e) The owner is responsible for payment of all boarding fees
during the time it takes to complete these requirements. If
the owner does not comply with all requirements of this
section {(4-11(2)} within 14 days of the final case
disposition, ownership reverts to the City and the dog shall
be euthanized in an expeditious and humane manner.
Notice of the potential humane destruction of the animal
for failure to comply shall be included in the notice of final
ruling on the dangerous dog.
(0 Proof that the dog has been surgically sterilized by a veterinarian
(g) Dogs declared dangerous shall not be allowed in any off-leash dog
park within the City of Atlantic Beach.
(h) A dangerous dog declaration is permanent and may never be
removed from the dog once the determination has been finalized
and the time for all appeals has passed or the declaration has been
affirmed on appeal.
In the event the owner elects to submit proof of the required
liability insurance rather than a surety bond, then in that event the
owner must also submit proof that the owner has notified its
liability insurance company, in writing, that the owner's dog has
been classified as dangerous, together with written proof from the
insurance company that it has been so notified and that there are no
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exceptions or exclusions in the insurance policy for dog bites or
dangerous dogs.
(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 must comply with all of the
requirements of this act and implementing local ordinances, even if the
animal is moved from one local jurisdiction to another within the state.
The animal control officer must be notified by the owner of a dog
classified as dangerous that the dog is in his or her jurisdiction
(4) It is unlawful for the owner of a dangerous dog to permit the dog to be
outside a proper enclosure unless the dog is muzzled and restrained by a
substantial chain or leash and under control of a competent person. The
muzzle must be made in a manner that will not cause injury to the dog or
interfere with its vision or respiration but will prevent it from biting any
person or 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 her sight and only members of the immediate
household or persons eighteen(18) years of age or older are allowed in the
enclosure when the dog is present. When being transported, such dogs
must be safely and securely restrained within a vehicle. No dangerous dog
shall be chained, tethered or otherwise tied to any inanimate object, such
as a tree, post or building that is outside its proper enclosure.
(5) Hunting dogs are exempt from the provisions of this act when
engaged in any legal hunt or 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
Page 14 of 23
(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 of$500.00.
(8) After a determination by the City that a dog is a dangerous dog, regardless
of whether the owner has requested a hearing before the Special
Magistrate or has filed an appeal to the county court, if the owner fails to
comply with the requirements of this Chapter after proper notice has been
given, then the dog shall be impounded by the City and held pending final
determination by the Special Magistrate and subsequent appeal, if any, to
the county court.
Sec. 4-12.Attack or bite by dangerous dog; 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 F.S. § 775.082
or 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 ten
(10) business days after the owner is given written notification under F.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
F.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.
Page 15 of 23
(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 ten (10) business days after the owner is
given written notification under F.S. § 767.12, and thereafter destroyed in
an expeditious and humane manner. This ten-day period shall allow the
owner to request a hearing under F.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 F.S. §§
775.082 or 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 F.S. §§ 775.082, 775.083, or
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 ten (10) business days after the owner is given
written notification under F.S. § 767.12, and thereafter destroyed in an
expeditious and humane manner. This ten-day time period shall allow the
owner to request a hearing under F.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 F.S. § 767.12 or this section, the
dog must be held and may not be destroyed while the appeal is pending.
(5) If a dog attacks or bites a person who is engaged in or attempting to
engage in a criminal activity at the time of the attack, the owner is not
guilty of any crime specified under this section.
Sec. 4-13.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, or any dog that is used as a service dog for blind, 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.
Sec. 4-14.Severe injury by dog; impoundment; destruction.
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.
Page 16 of 23
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 of 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.
A violation of this Section shall subject the violator to a civil fine of up to
$500 per animal.
Sec.4-16---4-23,Reserved..
ARTICLE II. DOGS AND CATS*
Sec. 4-24. Running at large.
Page 17 of 23
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 upon the payment of a thirty-dollar fee plus additional twenty
five dollars ($25.00) per day for the redemption of said animal. In the event any
animal has to be tranquilized with chemical capture equipment, then the
redemption fee shall be one hundred dollars ($100.00). If a dangerous dog is
impounded for running at large,then the redemption fee shall be one hundred fifty
dollars ($150.00), with an additional one hundred-dollar fee if the dangerous dog
has to be tranquilized with chemical capture equipment.
Sec. 4-25.Leashing.
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 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
carry some sort of material, utensil, or suitable container with which to
dispose of the defecation.
Page 18 of 23
Sec. 4-27.1.Habitual nuisance.
(a) 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
habitually; by trespassing on 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.
(b) For the purpose of this section, "habitually" means at least two (2)
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 30 minutes occurring at least three (3) separate times within a
period of no more than 30 days.
(c) This barking provision of this section shall not apply a properly permitted
animal shelter established for the care and/or placement of unwanted stray
animals, nor a properly zoned commercial boarding kennel nor a
veterinarian office.
(d) Violations of this section shall be punishable by a fine of$250 for a first
offense or a$500 fine for a second or subsequent offense within the
preceding 36 month period.
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.
(4) Sufficient exercise and wholesome exchange of air;
(5) Current and active veterinary care/treatment to prevent
suffering;
(6) Placing or confining an animal or allowing it to be confined
Page 19 of 23
in an unattended vehicle without sufficient ventilation or under
such conditions or for such a period of time as may reasonably be
expected to endanger the health or well-being of such animal due
to heat, lack of water or such circumstances as may be expected to
cause suffering, debility or death.
(a) A Law Enforcement Officer (LEO) or Animal Control
Officer(ACO)who finds an animal in a vehicle in violation
of this section may enter the vehicle by using the amount of
force necessary to remove the animal. A LEO or ACO who
acts in substantial compliance of the provisions of this
section shall be immune from civil and criminal liability;
and the City shall also be held immune from civil liability.
(b) Restraint by chaining may be used provided the following
conditions are met:
(1) The chain or tether shall not weigh more than one eighth
(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 (3) 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.
(5) Animal Control Officers are authorized to remove and
impound dangerous dogs and/or dogs posing a threat to public
safety from tethers where the animal is accessible by children or
the public without a secured fence or enclosure. Boarding fees will
be the responsibility of the owner of the impounded dog.
(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.
(d) A violation of this section is punishable by a fine of $100 for an initial
violation; $250 for the second violation within the preceding 36 months
and $500 for a third or subsequent violation within the preceding 36
months.
Page 20 of 23
Exemption: the provisions of this section do not apply to police dogs
Sec. 4-29.Rabies Vaccinations.
(a) The owner of every dog, cat or ferret four months of age or older shall
have it vaccinated against rabies by a veterinarian. Said owner said obtain
and maintain, on an annual basis or duration of the valid vaccination,
proof, from the veterinarian who administered it, of a current rabies
vaccination. If a veterinarian administers a vaccination licensed by the
United States Department of Agriculture that is approved for three-year
duration of immunity, a dog or cat may be vaccinated at 3 to four months
of age with a booster at one year and every three years thereafter.
(1) A dog cat or ferret is exempt from rabies vaccinations if a veterinarian
has examined the animal and has certified in writing that vaccinating
the animal at that time would endanger the animal's health because of
its age, infirmity, disability, illness or other medical considerations.
An exemption under this provision that extends beyond 12 months
must be renewed annually through submission of a new exemption.
letter. No exemption letter shall be deemed valid after one year from
the date it was written.
(b) In order to protect the public's health and safety, no person shall be the
owner of or have as a pet or harbor within the City a known or potential
rabies vector or high risk animal that cannot be immunized against rabies
including, but not limited to, fox, raccoon, skunk, bat and bobcat.
(c) Suspected rabies cases will be handled according to the Health Code as
established by the State Department of Environmental Health(authorized
by F.S. § 381.006).
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, 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). Unless cited for a violation for which court
appearance is mandatory, anyone cited with a violation of this chapter may
pay a fine as contained within the actual section or, if no fine is listed, as
specified below in lieu of appearing in county court. The fine specified
shall be paid within the time specified below.
Page 21 of 23
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 fine, court costs, and restitution, as applicable.
(1) First offense: (The current offense is "first" offense if there
have been no other citations in the preceding thirty-six (36)
months.) Fifty dollars ($50.00); if not paid within fourteen (14)
calendar days,the fine goes to seventy five ($75.00);
(2) Second offense: (The current offense is a second offense if
there has been only one (1) previous citation within the preceding
thirty-six (36) months.) One hundred and fifty dollars ($150.00); if
not paid within fourteen (14) calendar days, the fine goes to one
hundred fifty dollars($250.00);
(3) Third offense: (The current offense is a third offense if
there has been two (2) previous citations within the preceding
thirty-six (36) months.) Two hundred fifty ($250.00); if not paid in
fourteen (14) calendar days, fine goes to five hundred dollars
($500.00).
(4) Fourth and subsequent offenses: (The current offense is a
fourth or subsequent offense if there have been three (3) or more
previous citations within the preceding thirty-six 36 months.) Five
hundred dollars ($500) and a mandatory court appearance. For
citations involving a mandatory court appearance, the citation shall
specify that the court appearance is mandatory. If a person so cited
fails to appear within the time prescribed in the citation to obtain a
court date or having a court date, fails to appear in court, a default
judgment may be enteredagainst the person in the maximum civil
fine payable within sixty (60) days from the date of execution of
the final judgment.
(5) 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.
(6) An additional fine of one hundred dollars ($100.00) for any
violation involving a dog or cat in heat.
Page 22 of 23
(c) A five-dollar surcharge shall be assessed and collected upon each civil
penalty imposed for violation of an ordinance relating to animal control or
cruelty as authorized by F.S. § 828.27. The proceeds from such surcharge
shall be used only to assist in paying for the costs of training for animal
control officers in accordance with the requirements of F.S. § 828.27. Said
civil penalty shall be paid to the City of Atlantic Beach.
(d) The animal control officer shall have the authority to cite the owner or any
person having custody of an animal for a violation of this article when and
only when:
(1) The officer has received from an adult witness a sworn affidavit
attesting to the animal having committed a violation pursuant to this
article; or
(2) The animal control officer or other person duly authorized to
enforce the provisions of this chapter has witnessed the commission of a
violation under this article."
SECTION 2. This Ordinance shall take effect immediately upon its final passage
and adoption.
PASSED by the City Commission on first reading this /0"day of•Tit ,2013.
PA ED by the City Commission on second and final reading this el' day of
/P-11 ,2013.
ATTEST:
d. d.dkzee,
Donna L. Bartle, City Clerk Mike Borno, Mayor
Approved as to form and correctness:
Aiii
e. '.Jensen,Esquire
Attorney
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