Exh 7BAGEIDA 1TE~l H76
J.A`lliARt' 8, 2001
ORDINANCE NO. 95-o i -~ ~
AN ORDIIVANCE OF THE CITY OF ATT.ANTIC BEACH, FLORIDA,
AMENDING CSAP'TEEt 4, ANIl1tAIS, ARTICLE II, DOGS AND CATS,
SEC. 430, CITATIONS AUTHORIZED; PENALTIES PROVIDID, TO
EZTD~VATE CODE ENFORCEMENT HEARINGS AND REQUIRE COURT
APPEARANCE IF FIlVFS ARE NOT PAID, AND PitOVIDING AN
k~'ECTIVE DATE.
BE 1T ENACTED BY THE CITY COMhI1SSION ON BEHALF OF THE PFAPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FO].LOWS:
SECTION 1. Sec. 4-30 of Ths Code of Ordinances of the City of At}antic Beach,
Florida, is hexelsy atneaded to read as follows:
"Sel:. 4-30. C#attOAS 81rthOrlZt(1, pelmlties ptrorided.
(a) The city animal control officer or his designee as apprrJVed by the
sty manager shall havc the authority to isslu. citations to those people whose pets
ate foturd td be in violation of this articic and sections hezein.
(b) Violations of this article shall be punishable by fines as foIiows:
I. Fast offense: (The cuarat offense: is a "fast" offense if thue
have been no other dtations in the preceding dtirty-siz (36)
months) Twtmty-five dollars (5:'.5.00); if not paid within
fourteen (14) days, fine goes m fifty dollar (550.00). ;-i€~et
r-- -~---- ---, .--. -,_, _ _~ ~_~..._....._....,. w
2. Second offense: ('Ilse cuuetet offasse is a second offense if
there has been only oae (i) Fatwious citation within the
prrx~cting thirty-ax (3~ months) Ocee hundred dollars
($100.00); if not paid in fourteas (14) days, fine goes to one
hundred fifty daDars (5150.00), ; .
1C~9B}-ger•~ay,
3. Third and subsequent offenxs: tThe cuarnt offense is a third
as subsequent offense if thew have bees two (2) or more
previous Cltatians within the prtxxding thirty-six (36)
rrlnftthS) TtYO hundred fifty do:~ars (~~.~); if nOt paid in
fourteen (I4} days, fine go<~ oo free hundred dollars
(5500.00).
e~s€eFetseerd:
ACE;VD.~ ITEM ti7B
JAtai.~Rl' 8, 2001
4. Anyone ated with a violation of this article who pays the
required finer sad thin goes three (3) years with no offenses
shall return to the status of having no prior off~ises fora' the
Purposes of this setxion,
5. Amoae cited vritit a violation of this atncle~ pgy a fine as
specified above in lieu ofl, in cou nty cant. 7tte
fine ~ecified shall, be paid within the ti» stxcified above
or if not dtttely pgt~dwn the incret~sed amo ~
unt within thirty
{~ days of issuance 4~ the citation and. if not gad by such
the city shall ntorxed to atfotce su
~, ch vio]atioa as
_
~orsnrided by law.
(c) A five dollar surcharge shall be assessed and collected upon each
evil penalty imposed for violation of an ondinanoe relaying ro animal rnntrol or
exuelty as authorized try P,S. X828.21. The ptvceedsfio~m such surcharge shaA be
used only m assist in paying for the costs of training for animal rnnhol officers in
acrnrdance with the requirements of F.S. ¢ffi8.27. Said civil penalty shall be paid
to the City of Atlantic Beach.
(d) The atrimal control offiax shall, have the authority to citc the owner
or any person having custody of as anitnai fot a violation of this article when, and
only when: (l) the officer has received from an adult witness a swam affidavit
attesting to the animal having committed a violation pursuant to this arricle; or (l)
the animal rnntrol offiar or other person duly authorized to enfotoc the provisions
of this chaptcr has witnessed the contaUSSiat of a violation ands this article."
~~TION 2: This ordinance shall take effort iatme=diauly upon its final passage and
~~
2001.
PASSID by the City Crnumission on fast reading the ~ day of
PASSID by the City Commission art second and final reading this ,day of
2001.
ATTEST:
MAITI2PF.N KII~iG, City Clerk JOEI3 S. Tv'JE, Ivlayor/Pmeaiding Offiar
Approved as to form and ooar~acuten:
ALAN C. JENSFN, ESQUIRE
City Attorney