Exh 7AAGENDA ITEM #7A
JANUARY 22, 2001
ORDINANCE NO. 95-O1-77
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 4, ANIMALS, ARTICLE II, DOGS AND CATS,
SEC. 430, CTTATIONS AUTHORIZED; PENALTIES PROVIDED; TO
ELINIlNATE CODE ENFORCEMENT HEARINGS AND REQUIRE COURT
APPEARANCE LF FIlVFS ARE NOT PAID, AND PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTID BY THE CTIY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITI' OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Sec. 4-30 of The Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amended to zead as follows:
"Sec. 430. Citations authorized; penalties provided.
(a) The city animal control officer or his designee as approved by the
city manager shall have the authozity to issue citations to those people whose pets
are found to be in violation of this article and sections herein.
(b) Violafions of this article shall be punishable by fines as follows:
First offense: (The current offense is a "first° offense if there
have been no other citations in the preceding thirty-six (36)
months) Twenty-five dollars ($25.00); if not paid within
fourteen (14) days, fine goes to fifty dollars ($50.00).-i€~et
rw., a,.n..... /x~cn nn\ ..o~ ,a.,.,
2. Second offense: (The current offense is a second offense if
there has been only ane {1) previous citation within the
preceding thirty-six (36) months) One hundred dollazs
($100.00); if not paid in fourteen (14) days, fine goes to one
hundred fifty dollars ($150.00). ; :o -~« ...,;,r ..r«,,:.. ~n `'"r
3. Third and subsequent offenses: (The current offense is a third
or subsequent offense if there have been two (2) or more
previous citations within the preceding thirty-six (36)
months) Two hundred fifty dollars ($250.00); if not paid in
500.00. ~E~ater.-y agpa~~e be€ere~«e-ewe
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AGENDA ITEM H7A
JANUARY 22, 2001
4. Anyone cited with a violation of this article who pays the
required fines and then goes three (3) years with no offenses
shall retain to the status of having no prior offenses for the
purposes of this section.
5. Anyone cited with a violation of this article may_pav a fine as
or if not time~oaid then the increased amount within thirty
(30~ys of issuance of the citation and if not~aid by such
time, the city shall proceed to enforce such violation as
otherwise provided by law.
(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 surchazge 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 Ciry Commission on first reading this 8Tx day of JANUARY ,
2001.
PASSED by the City Commission on second and final reading this day of
2001.
ATTEST:
MAUREEN KING, City Clerk
A oved as to form and correctness:
C. S , FSQUII2E
City A y
JOHN S. MESERVE, Mayor/Presiding Officer