Exh 4C...AGENDA ITEM 4C
JUNE 9, 2003
.STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM; Animal Control Enforcement/Complaints
DATE: June 1, 2003
SIB TTED BY: David E. Thompsahief of Police/DPS
BACKGROUND:
.The City Commission asked for a summary and update relative to Animal Control
Enforcement issues, including a review of the penalties-for violations of the code. This
report will address these questions' on several levels including areview of the existing penalty
structure, and comparisons of relative data.
Penalty Structure: `The current penalty structure for Animal Control Violations is separated
into two (Z) distinct sections,: based on the nature. of the violation. The Animal Control code
identifies two (2) sections entitled Article I and Article IL
Violations. of Article I are criminal violations, which means that the penalties inelude the
possibility of.incarceration. This makes the violator subject to arrest by a police officer, and
it empowers a judge to make a determination relative to the punishment of not more than
$500 fine and/or 60 days imprisonment, or both. Examples of violations under this article
include an Attack or Bite by a Dangerous Dog, the classification of a Dangerous Dog,
Injuries caused byAnimals, Cruelty to Animals, and Interfering with an Animal Control
'Officer. Animal Control Officers have no authority to make arrests.
violations underthe Article II are punishable through a fine structure starting with $25 for a
first offense, and'rising to $250 for a third or subsequent offense, These offenses are
typically less serious .offenses including Registration and Tag Required, Impoundment fees,
Running at large, Leashing, Damaging Property, and Disturbing the Peace. Animal Control
Officers may issue citations for violations under this article.
This, penalty. structure-was recommended by a citizen committee and adopted by the. City
Commission in 1997. Whether or not to increase the fine structure is argely up to the City
Commission. Animal Control Staff members have notrecommended an increase for the
..basic fine structure.
Enforcement Comparisons: In reviewing the number of citations for two (2) full time
animal control officers working in Atlantic-Beach in2000, 2001', and 2003, the average
number of citations has not significantly changed. The average has remained between 17-18
animal control citations per month.
.Animal Control Officers' routines include spending time on the beach every day, and the
officers work varying schedules relative to times of the day, and days of the week. They
drive animal control vehicles on the beach, and they check the beach on foot, from dune
AGENDA ITEM 4C
-.TUNE 9, 2003
overwalks., However, it should be noted thaf the vast majority of demands and requests on
Animal Control Officers is unrelated to the beach.
Ctomparisons ®f Calls/Complaints: When the present Animal Control- Officers were hired,
-.they recorded an average of 165 calls/complaints der month during the first four (4) morrths.
During the past four months, they recorded an average of 112 calls/complaintsper month:
Collectimn of Fines: Since.January 1, 2003, all unpaid citations in-Atlantic Beach were for
-first tirr~e offenders, and approximately 50°!0 of the citations were paid to the City of Atlantic
Beach. People also send payments through the City of Jacksonville or through the Clerk of
Court, and contested cases are handled. through the :court system.
Establishing an exact number of paid or unpaid citations is not passible at this time: The
Jacksonville records are not searchable in a database -that allows. for quick access to the
information. Between the Clerks Office; Tax Collectors Office, and Jacksonville Animal
Care and Control, the information. on each individual case is not immediately available.
The number of citations actually paid.by the violators has varied significantly over time,
largely due to the changes in collection policies.. Many. years ago, most. people did not pay
their citations, and the only recourse for the city was to pursue civil action. At the end of the
1990s; a new collection mechanism was adoptedwhich included sending a letter to the Clerk
of Court asking for the initiation of criminal action against the. offender. if the fine was not
paid within 30 days. This significantly increased the compliance rate for violators to pay
their fines. However, this changed last year.
The Jacksonville General Counsels Office terminated this practice because animal .control
violations were civil in nature. In their opinion, it was not appropriate to initiate criminal
action on a civil case. If the City. wanted to pursue. the fines in civil courtthen they should do
so in civil court. For this reason, the collection letters were terminated, and.Jacksonville now
refers. all unpaid animal citations to the Jacksonville General Counsels Offace.
Atlantic Beach is currently pursuing unpaid citations through notification to offenders that
they will. be required to appear before the Atlantic Beach Code Enforcement Board. Since
the violations constitute a violation of the city code, the Code Enforcement Board has the -
authorityto hear the cases.
BUDGET: None ,
CO NIDATI®NS: None
ATTACIEIMENTS:
1ZEVIEWED 1~Y CITY MANAGER:...
AG A ITEM NUMBER: