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CITY OF ATLANTIC BEACH
t CITY COMMISSION
STAFF REPORT
AGENDA ITEM: Animal Control Ordinance Revision
DATE: March 2, 1999
SUBMITTED BY: David E. Thompson, City Manager
BACKGROUND: The Animal Control Committee reported its recommendations to
the City Commission on January 11, 1999. This included a
provision to clarify how far back an animal control violation would
date back when considering repeat violations. The Animal Control
Committee suggested that we use a three (3) yeaz limit. If a
violation is more than three (3) yeazs old, then it would not be
included in the consideration as a repeat offense. Although this
was received by the City Commission, no action was taken relative
to amending the code.
The City Attorney has prepared amendments to reflect this
recommendation, in addition to cleaning up some language relative
to the term "dangerous dog."
RECOMMENDATION: We recommend the approval of the attached ordinance on first
reading, and setting the public hearing and final action for March
22, 1999.
ATTACHMENT: See Ordinance language prepared by the City Attorney
Minutes from January 11, 1999 City Commission Meeting
REVIEWED BY CITY MANAGER:
AGENDA ITEM NUMBER:
( I
SPONSOR: COMMISSIONER BEAVER
ORDINANCE NO. 95 -99- 70
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 4, ASIIMALS, SEC. 410, DANGEROUS DOGS, TO
EL11~~IINATE ANY REFERENCES "VICIOUS DOGS", AND .SEC. 430(b),
CITATIONS AUTHORIZED; PENALTIES PROVIDID, TO PROVIDE
THAT A SECOND OR SUBSEQUENT OFFENSE BE WIT~IV THREE (3)
YEARS FROM THE FIRST OR PRIOR OFFENSE BEFORE INCREASED
FINES ARE APPLIED, AND PROVIDING AN EFFECTIVE DATE
BE IT ENACTED BY THE CITY CONIlVIISSION ON BEHALF OF THE PEOPLE
OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 4, Animals, Sec. 4-10, paragraph (a) jwhich is the paragraph (a)
under said section that follows (g) and is relettered (h) by this Ordinance], and Sec. 4-30(b) are
hereby amended to read as follows:
"Sec. 4-10. Dangerous dogs.
(h) It shall be unlawful for any owner or keeper of any dangerous dog
to permit such dog to run at large or without the enclosure of the owner or keeper
thereof within the corporate limits of the city without being properly muzzled.
~' Any dog known to have bitten any person is hereby defined as a "dangerous dog"
but the term "dangerous dog" shall not be limited to only those dogs who are
known to have bitten any person.
"Sec. 4-30. Citations authorized; penalties provided.
(b) Violations of this article shall be punishable by fines as follows:
First Offense:
Twenty-five dollars ($25.00) for the first offense:
... if not paid within 14 days, fine goes to $50.00
... if not paid within 30 days, a Code Enforcement hearing would be required that
could result in a fine of up to $250.00 per day;
Second Offense (if within three (3) years of first offense):
One hundred dollars ($100.00) for the second offense:
...if not paid within 14 days, fine goes to $150.00;
n ...if not paid within 30 days, a Code Enforcement hearing would be required that
could result in a fine of up to $250.00 per day;
Third Offense (if within three (3) years of second offense):
Third offense and subsequent offenses would require a mandatory appearance
before the Code Enforcement Board."
SECTION 2: This ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of ,
1999.
PASSED by the City Commission on second and final reading this day of
1999.
SUZANNE SHAUGHNESSY
MayorlPresiding Officer
ATTEST:
MAUREEN KING, City Clerk
Approved as to form and correctness:
ALAN C. 7ENSEN, ESQUIRE
City Attorney
~'~ Minutes Page -4-
January 11, 1999
Commissioner Mitchelson asked for a recap of warranties and Mr. Dowling
responded that the Kinco aluminum double pane window had a one year
warranty and the Marvin double pane window a ten year warranty.
Commissioner Beaver inquired concerning the Marvin window fabrication
and vas told it was made from aluminum wrapped wood.
Mayor Shaughnessy expressed concern that the windows would fog. Mr.
Dowling responded that the Marvin windows would be replaced for teri
years if that occurred.
Commissioner Mitchelson then inquired concerning the use of glass block
and it vas discussed that although the block would probably last longer, you
could not see through it.
When asked why windows were needed, Public Safety Director Thompson
replied that the second floor would be air conditioned and they were needed
for climate control and to prevent deterioration of equipment. In regard to
the inquiry concerning the reduction in the number of stories of the
building, it was pointed out that two stories were more cost effective and
afforded a better view for adjacent neighbors.
Motion: Accept recommendation of Mr. Dowling to upgrade
with Marvin windows at a cost of 83,548.00.
There being no further discussion, the motion carried unanimously.
5. Committee Reports:
Soccer Fields
Mayor Shaughnessy requested that the feasibility study for soccer fields be
placed on a future agenda as soon as the Recreation Board has made its
recommendation.
Item SA was taken out of sequence and presented at this time.
A. Animal Control Committee Report on Proposed Dog Run
Area and Proposed Amendment to Animal Control Ordinance
(Sylvia Simmons, Chair)
' Sylvia Simmons, Chair of the Animal Control Committee, presented the
committee recommendation for the proposed dog run area to be located at
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Minutes Page -5-
January 11, 1999
either Dutton Island or the Tresca property. It was explained that these
sites were chosen because they were located in an undeveloped azea and if
agreed to, could be incorporated into the development plans for either
location. Ms. Simmons further stated that other sites had been considered
in residential azeas, but the neighboring property owners were opposed to
the idea.
It was also reported that the committee recommended a three yeaz limit per
animal control ticket/violation.
Mayor Shaughnessy thanked the committee for their diligence and
recognized those members who were present.
4. Consent Agenda:
Commissioner Mitchelson requested that Items B and C be removed from
the Consent Agenda for further discussion.
~, A. Acknowledge Receipt of Report of New Occupational Licenses
for December, and Monthly Reports from Building, Code
Enforcement and Recreation Departments (City Manager)
D. Reject All Bids Received Under Bid No. 9899-9 fora 6-Inch
Pump and Engine R'ith Automatic Level Controller (City
Manager)
Motion: Approve Items A and D as presented.
There was no discussion and the motion carried unanimously.
B. Award Contract to R.L. Lawrence For Concrete Repair
Pursuant to the Specifications of Bid No. 9899-4 (City Manager)
Commissioner Mitchelson inquired as to the price quoted for 18-inch
concrete and a brief discussion ensued concerning Mr. Lawrence's bid
prices. Public Works Director Kosoy explained the bid specifications and
stated the repairs were most often made to sidewalks and driveways on
public right-of--way.
Motion: Accept staff recommendation and award contract to
(~~ R.L. Lawrence pursuant to the specifications of Bid No. 9899-4.
There was no more discussion and the motion carried unanimously.
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