Exh 7EAGENDA ITEM #7E
SEPTEMBER 22; 2003
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Animal Control Report
DATE: September 12, 20,03, ~
:SUBMITTED BY: David E. Thom.. so Chief of PolicelDPS
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BACKGROUND:
In July 2003, a staff report was presented to the City Commission, recommending.;
modifications. in the Animal Control Code. (See Attached Staff Report) Since that. time;.
the City Attorney has drafted amendments to the City Code to reflect those changes.
BUDGET: - The attached recommendations will eliminate the licensing requirement
for dog and cats. The budgetary impact on the $5.00 or $15.00 per license will be
minimal.
The recommendations include:. increased fees:
$20:00 to $30.OQ for impounded`animals;
$100 for the;licensing and registration of dangerous dogs;.
$150.00 for the capture of dangerous..dogs r~jrLnng at=large;
$100 for animals captured with the use oftranquihzer equipment;
$100 for dogs or cats in heat that' are running at-large.
RECOMIVIENDATIONS: ~ To review the proposed changes; :and adopt them into the.
city code as written.
ATTACHMENTS: .
Staff Report dazed :June. 26, 2003
Draft Qrdinance provided by City Attorney Alan Jensen
REVIEWED BY CITY MANAGER:
AGE A ITEM NUMBER:
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AGENDA ITEM #7E
SEPTEMBER 22, 2.003
STAFF REPORT
City of Atlantic Beacb _:
:Commission Meeting:....
AGENDA.ITEM Animal Controi'Report
DATE: June 26,.2003
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACIKGR4UND:
`Purgase:
The purpose of this report is to review Animal Control in the City of Atlantic Beach,
including the city code and tfie penalties,. and to identify any- deficiencies or problems
than may e~zist. The report will include historical information as well as discussions
of existing demands and codes'relative to animal care and control. Additionally,
recommendations will be included to update the code and resolve existing problems.
History:
Animal Control services in Atlantic Beach were originally covered under the Inter-
local Agreement with the City of Jacksonville. At that time, Jacksonville handled all
animal control complaints throughout Duval County. Atlantic Beach'did not have
.any animal control responsibilities or staffing. During the 1980s, the City
Commission in Atlantic Beach expressed their dissatisfaction-with the 1eveT of animal.
control services in Atlantic Beach, and -they authorized an Animal Control position in
the Police Department. Since thattime, a second animal control position was: added'
to the Animal ControlDivision in the Police. Department.. '
The City Code that addresses animal issues has been updated on a number of
occasions over the past 20 years.. Despite Borne extensive, and often:emotional
debate, it was consistently concluded hat citizens should be allowed to have animals
on the beach. In 1997; a committee was appointed to review and update: the animal
control codes in Atlantic Beach. -The code was updated, including the penalties for
violations of the code.-
As a result of attrition and difficulty fording qualified applicants for animal control
positions, the anunal :control positions were vacant during most of the year 2002.
After aggressively recruiting for. the position; two animal control officers were hired
in August of 2002.. Since that time, they have been trained and certified by the
Florida Animal Corrtrol Association, and they have been certified in the use of
chemical capture.equipment.
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AGENDA ITEM #7E
SEPTEMBER 22, 2003
Existing Demands: .
One of the most common fallacies relative to Atlantic Beach Animal Control is the
misperception that most of the animal problems exist on the beach. When there is an
animal problem on the beach, it tends to be highly visible, and it receives a great deal
of attention..' A dog n~nning loose on the beach and. creating a nuisance is very ikely
to be'viewed by a large number of citizens who will tell others about it. For this
reason, a perception is created that theanimals on the beach are the most signifcant
problem relative to animals.
The: reality is that the vast majority of animal control problems in Atlantic BeaCl1 are
unrelated to the beach. Animal control officers receive numerous telephone calls and
complaints on a daily basis, and they include:
Disputes between. neighbors.
Complaints of aggressive and dangerous dogs.
Complaints relative to strays
Complaints.. of animal cruelty by citizens.
Complaints of cats., especially feral eats, damaging property and creating a nuisance.
(At one time, complaints about cats greatly exceeded the complaints. on dogs in the
city]
Complaints relative to undomesticatedanimalsincludingrats, bats, raccoons,
. opossums, armadillos, birds, snakes alligators, ana others.:
Assistance for birds including transportation and care at BEAKS.
Adoptions. of animals....:
Complaints of animal related noise, especially barking dogs.
Questions relative to`state and local .laws.
Problems with injured and/or diseased animals.
Investigations of animal. bites and/or injuries. that require reporting to the Health
Department andthe Police Department (which might include quarantining the
animal)
Requests for information and' referral services for adoptions; diseases, and pet' care.
In addition to-responding to these demands, Animal Control Officers must keep the
vehicles, facilities, and equipment clean and serviced. `And,-the animal control
officers must maintain a public presence throughout the city through routine patrol.
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AGENDA ITEA'I #7E
SEPTEI~ZBER 22, 2003
-.Fees vs. fines
In the City Code,'there are fees and fines. "Fees".are reasonable. charges far
providing services.; provided by city staff members. For example,. an redemption. fee
is intended to recover the costs of an animal control-officer's time to catch an animal,
to transport it to the holding facility, to accompany the owner to pay the
impoundment fee,. and to release the animal to the owner at the holding facility. This
is intended to recover the city's-.cost of providing services. It is not intended: to be
punishmenf for an infraction of the law.
A fine is a penalty far the violation of the city code. It is not related to any specific
services.
Penalty Structure:
The current penalty structure for Animal Control Violations is separated into two (2)
distinct sections, based `on the. nature of the violation. The Animal Control code
identifies two (2) sections entitled Article I and Article II.
Violations of Article I are criminal violations, which means that the penalties include
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 6d 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 by Animals, Cruelty to Animals;
and. Interfering with an Animal Control Officer. Animal Control Officers have no
authority to make arrests.
Violations under the 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 largely up
to the City Commission. 'Animal Control Staff members have not recommended an
increase- for the basic fine structure.
Recommendations:.
The following changes are recommended- for implementation by the City Commission:
l . We recommend that third and subsequent violations of Article 2, be elevated to
include penalties of incarceration and/or fines. There are a small number of
animal owners who consistently violate the animal control laws, and they ignore
animal control c nations.. If the third. offenses were elevated to criminal offenses,.
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AGENDA ITEM #7E
.SEPTEMBER 22, 2003
then these individuals would be compelled to address their offenses in front of a
judge. ' If they repeatedly ignore animal control citations;, then they would
eventually be arrested.
2. We recommend raising the redemption fee for animals from $20 to $30.' The
approximate-cost'for catching, impounding, and releasing an animal, is
approximately $30. If we simply recover the costs to the City of Atlantic beach,
then we need to raise this fee to $30.
3. We recommend raising the redemption fee for any animal that has to be
tranquilized with chemical capture equipmenrt, to $100. When an animal is
tranquilized, animal`control staff members must use specialized equipment and
drugs for this. purpose, and the City is required to provide veterinary services.
The cast for these services and'supplies is estimated at $100.
4. We recommend raising the .registration fee for dangerous. dogs to $100,
renewable yearly:. A.dangerous dog requires a great deal of time from Animal
Control Officers; and the fee for the tag should be significant enough to help
_ defray -some of the expenses.
S. We recommend that if a dangerous dog is impounded for running at-large, then
the redemption fee shauld be raised to $150, in additionto fees for the use of
tranquilizing equipment if used. These dogs present a hazard to animal control
officers and city property, and they require special accommodations. The
,redemption fee should.be raised`to reflect this apprapriately.
6. The City of Jacksonville requires owners to obtain liability insurance, and they
must maintain a $100,040 surety bond for the dog. We recommend that Atlantic
Beach add the same requirements- for dangerous dogs.
7, We recommend the .elimination of the Registration and Tagging requirements,
...with the exception of a fee for the: registration. of dangerous dogs as discussed
'..above..
When this tagging requirement was implemented, it was largely due td thee. ,
.inability of staff to identify the owner of an animal that might be picked up andlor
.injured. `However, the county tags that are presently issued'allow animalcontrol
staff to identify the owners 24 hours per day. There is no longer a need to issue
Atlantic Beachtags for identification purposes.
-The fees for the tags are inexpensive ($5 for a permanent tag, $15 if the animal is
not spayed or neutered), and tags are accessible- for non-residents as well as
residents, If.their purpose is to generate revenue, then they are unsuccessful.: It
.probably costs more to process the tags and record the information than the
minimal fees will cover. If their purpose is to keep people from bringing their
dogs from other areas to Atlantic Beach, then they are unsuccessful. There are a
large number. of people who have purchased tags so that their animals can enjoy
Atlantic Beach.
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...AGENDA ITEM #7E
.SEPTEMBER 22, 2003
ORDINANCE N0.95-03-85
AN ORDINANCE OF TIIE CITY OF ATLANTIC BEACH, FLORIDA,,
AMENDING ' CHAPTER 4, ANIlVIALS, INCREASING AND ADDING..
CERTAIN FEES, .ADDING 1NCA.R.CERATION FOR ; TFIIRD ANll
SUBSEQUESNT OFFENSES, ADDING LIABILITY INSURANCE AND'
SURETY BOND REQZtIR:EMEhTTS FOR DANGEROUS DOGS, ADDING
ADDITIONAL FINES. FOR DOGS AND. CATS IN .HEAT, REPEALING
REGISTRATION AND TAGGING REQ S, AND PROVIDING
AN EFFECTIVE DATE.
BE I'I' ENACTED BY THE. CITY COMNIISSION ON BEHALF OF THE PEOPLE
QF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1.. Sections 4-11(2), 4-23, 4-24 and 4-30(b)(3) of the Codeof Ordinances
of the ,City of Atlantic Beach, .Florida are hereby amended: to read as follows:
"Sec. 411. Classification of dogs 'as dangerous; cert~cation of registration; notice of
hearing requirements; confinements of animal; exemption; appeals;.
unlawful acts.
(2) Within fourteen (14) days after the dog has been classified as dangerous by .
the animal control .authority or a dangerous. dog. elassification is upheld by the
county court on appeal, file owner of .the .dog .must obtain a certificate of registration -
far the .dog: from. the animal control authority serding the area 'in which he or she
resides, and the certificate shall be renewed annually.: The annual cost for such
certificate of registration shall be one hundred dollars (100 00). _ Animal control
authorities are authorized to issue such certificates of registration, and renewals
thereof; only to persons who are at Ieast eighteen (18) years of age and who present
to the animal control authority sufficient evidence of:
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 u1 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 identification
and compliance with the .registration. requirements contained herein, and .upon the payment of a
t3z-de1~ f X0:883 thi dollar ($30.00): fee plus an :additional seven dollars ($7.00} per day for
the redemption be of said animal. Iii the event any animal has to be tranquilized with chemical
Cage equipment then the redemption fee shall be one hundred dollars (100 OOZ The
registration fee for unregistered dogs or cats that. have been picked up .shall be double the fee in
effect on the day the dog or cat is picked up.
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AGENDA ITEM #7E
' ,SEPTEMBER 22,2003
Sec. 424.. Running: of large.
It shall be unlawful for the owner of any dog or cat to permit or allow the` dag 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 ('~ 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 ,dollar 30.00) fee. plus additional seven dollars ($7.00)
.per .day for the redemption of said animal. In the event any animal has to be tranquilized with
chemical capture equipment then the redemption fee shall be one hundred dollars (100 00? If a
dangerous dog is impounded for running at large then the redemption fee shall be one hundred
fifty dollars ($150.00) with an additional one hundred dollar ($100 00) fee if the dangerous do$
has to be tranau~lized vv~th chemical capture equipment The registration fee. for unregistereddogs
or cats that have been picked up shall be double the fee in effect on the day the dog _or cat is picked
up..
Sec. 4-30. Citation authorized; penalties provided.
(b) Violations of this article shall be punishable ~s as follows:
(3) Third and subsequent offenses: (The. current offense is a third or subsequent
.offenses if there have been two (2) or mare previous citations within the- preceding thirty-six (36)
months).. Two hundred fifty ($250.00) ;and/or- sixty (60) days in jail; if not paid in fourteen (14)
-days, fine goes to five hundred. dollars .($500.00):. Mandatory 'appearance before- the code
enforcement board."
SECTION 2. The.. Code of Ordinances of the Ciry of Atlantic Beach, Florida, is hereby
amended by adding new sections to be numbered, Sec. 4-11 (2)(d) and Sec. 4-30(b)(6), which
sections shall read as follows: .
"Sec 4-11(2)(d). Liability insurance in the amount of at least on one hundred thousand
dollars 0100.000.001 together with a surety bond on said daQ of at least one hundred
thousand dollars ($100 000 00~
Sec. 4-30 (b)(6}. `An additional fine of one hundred dollars (100 00) for...any violation
involving a dog or cat in heat "
SECTION 3. Sec:.. 4-22. Registration and tagging required, of Chapter 4 Animals, Article
IL Dogs and. Cats, of the Code of Ordinances of the City. of Atlantic Beach,:. Florida, is :hereby
replealed.
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