Exh 7B. 7~
~,
.,,
5-z -99
ORDINANCE NO. 95-99-70 COMMISSIONER BEAVER
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 4 ANIMALS, ADDING A NEW SEC. 4-8 LEGISLATIVE
FINDINGS; AMENDING SEC. 4-10, DANGEROUS DOGS, TO CORRECT
NUMBERING ; ADDING A NEW SEC. 4-11, CLASSIFICATION OF DOGS
AS DANGEROUS; CERTIFICATION OF REGISTRATION; NOTICE AND
HEARING REQUIREMENTS; CONFINEMENT OF ANIMAL;
EXEMPTION; APPEALS; UNLAWFUL_ACTS; ADDING A NEW SEC. 4-12
ATTACK OR BITE BY DANGEROUS DOG; PENALTIES;
CONFISCATION; DESTRUCTION; ADDING A NEW SEC. 4-13 BITE BY
A POLICE OR SERVICE DOG; EXEMPTION FROM QUARANTINE;
AMENDING CHAPTER 4, ARTICLE II, DOGS AND CATS, SEC. 4-30(b),
CITATIONS AUTHORIZED; PENALTIES PROVIDED, TO PROVIDE THAT
A SECOND OR SUBSEQUENT OFFENSE BE WITHIN 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 COMMISSION ON BEHALF OF THE PEOPLE
OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
n SECTION 1. Chapter 4, Animals, is hereby amended to correct the numbering of Section
4-10 and to add new Sections 4-8, 4-11, 4-12, and 4-13, as follows:
Sec. 4-8 Legislative findings. ,(Sections 4-8 through 4-10 consistent with F.S. 767.10 -
767 16
The Legislature finds that dangerous doffs are an increasingly serious and widespread
threat to the safety and welfare of the people of this state because of unprovoked attacks which cause
iniury to persons and domestic animals; that such attacks are in part attributable to the failure of
owners to confine and pro early train and control their dog_s;. that existing laws inadequately address
this Qrowine problem; and that it is appropriate and necessary to impose uniform requirements for
he owners of dangerous d
Sec. 4-10. Dangerous Dogs.
(a)te "Dangerous Dog" means any dog that, according to the records of the appropriate
authority:
(1)~a), has aggressively bitten, attacked, endangered or has inflicted severe injury on
a human being on public or private property;
(2)~ has severely injured or killed a domestic animal while offthe owner's property;
r
(3)~c has been used primarily or in part for the purpose of dog fighting or is a dog
trained for dog fighting; or
(4).~d~ has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that
such actions are attested to in a sworn statement by one or more persons and dutifully investigated
by the appropriate authority.
(b)~ "Unprovoked" means that the victim who has been conducting himself or herself
peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
(c)~3,) "Severe injury" means any physical injury that results in broken bones, multiple bites,
or disfiguring lacerations requiring sutures or reconstructive surgery.
(d)am "Proper enclosure of a dangerous dog" means, while on the owner's property, a
dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure,
suitable to prevent the entry of young children and designed to prevent the animal from escaping.
Such pen or structure shall have secure sides and secure top to prevent the dog from escaping over,
under, or through the structure and shall also provide protection from the elements.
(e)~. "Animal control authority" means an entity acting alone or in concert with other local
governmental units and authorized by them to enforce the animal control laws of the city, county or
state. In those areas not served by an animal control authority, the sheriff shall carry out the duties
t ' of the animal control authority under this act.
(f)~62 "Animal control officer" means any individual employed, contracted with, or appointed
by the animal control authority for the purpose of aiding in the enforcement of this act or any other
law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment
of animals and includes any state or local law enforcement officer or other employee whose duties
in whole or in part include assignments that involve the seizure and impoundment of any animal.
(g)~7,~ "Owner (,of dangerous do~,~ means any person, firm, corporation or organization
possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned
by a person under the age of 18, that person's parent or guardian. .
ec. 4-11 Classification of dogs as dangerous: certification of registration:.notice and
hearing requirements• confinement o f animal• exem tion: aRp eals: unlawful acts
(1)(a) An animal control authority shall inve stigate reported incidents
involving any dog that may be dangerous and shall, if pos sible, interview the owner and
~gquire a s worn affidavit from an v person, including anv anima l control officer or enforcement
officer, d esiring to have a dog classified as dangerous An y animal that is the subject of a
dangerous dog investigation, that is not impounded with the animal control autho rity shall be
humanely and safely confined by t he owner in a securelyfenc ed or enclosed area pending the
Qutcome of the investigation an d resolution of any hearings related
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to the dangerous dog classification The address ofwhere the animal resides shall be provided
to the animal control authority. No dog that is the subje ct of a dangerous dog investi ation
maybe relocated or ownership transferred pending the outcome of an investigation or any
hearings related to the determination of a dangerous d og classification,. In the event that a
doe is to be destroyed, the do,g shall not be relocated o r ownership transferred.
,~b)A dog shall not be declazed dangerous if the threat, injurX, or damage was
sustained by a person who, at the time, was unlawfully o n the property or, while lawfully on
the~proper ,was tormenting, abusing, or assaulting the d og or its owner or a family member.
No dog maybe declared dangerous if the dog was pro tecting or defending a human being
within the immediate vicinity of the dog_from an unjust ified attack or assault.
lc) After the investi ation, the animal c ontrol authority shall make an initial
~letennination as to whether there is sufficient cause to cla ssify the dog as dangerous and shall
afford the owner an opportuni for a hearing~prior to making a final determination The
animal control authority shall provide written notificati on of the sufficient cause finding, to
the owner, by registered mail, certified hand delivery, or service in conformance with the
provisions of chapter 48 relating to service of process. The owner may file a written request
~r a hearing within 7 calendar days from the date o f receipt of the notification of the
sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not
more than 21 calendar days and no sooner than 5 days after receipt of the request from the
owner. Each applicable local overning authority shall establish hearing procedures that
conform to this paragraph.
(d)Once a dog is classified as a dangerou the animal control authority
s dog
shall provide written notification to the owner by regist ,
ered mail, certified hand delivery or
service, and the owner may file a written request for a h earing in the county court to appeal
the classification within 10 business days after receipt of a written determination of dangerous
dog classification and must confine the d~ in a securel y fenced or enclosed area ep nding a
resolution of the appeal Each applicable local governing authority must establish appeal
procedures that conform to this paragraph
{2)Within 14 days after a dog has been classified as dangerous by the animal control
~ hority or a dangerous dog classification is upheld by th e county court on appeal the owner
of the dog must obtain a certificate of registration for the dog from the animal control
'authority serving the area in which he or she resides and the certificate shall be renewed
annually Animal control authorities are authorized to is sue such certificate of registration,
and renewals thereof, only to persons who are at least 18 xears of ag_e and who present to the
animal control authority sufficient evidence of
(a) A current certificate of rabies vaccin ation for the dog,,
(b) A groper enclosure to confine a da ngerous doe, and the ostine of the
premises with a cleazly visible warning sign at all entry p oints that informs both children and
adults of the presence of a dangerous dog on the ~pe rt~.
1c) Permanent identification of the dog, such as a tattoo on the inside thigh
or electronic implantation.
The appropriate governmental unit may impose an annu al fee for the i uance of certificates
of registration required by this section
.~..
~31The owner shall immediately noti , the appropriate animal control authority when a doh
that has been classified as dap Brous:
dal is loose or unconfined.
bbl has bitten a human being or attacked another animal.
(c sold, liven away, or dies. .
~dl is moved to another address.
Prior to a dangerous dog~g sold or given away, the owner shall provide the name,
addres~~and telephone number of the new owner to the animal control authority. The new
owner must comRly with all ofthe requirements ofthis act and implementing local ordinances,
even if the animal is moved from one loc l~'urisdiction to another within the state. The animal
control officer must be notified by the owner of a dog clas ifi ~n~er~_u_s_that the dog is
in his or her iurisdiction
~4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside
a proper enclosure unless the dog is muzzled and restrained bra substantial chain or leash and
under control of a competent person. The muzzle must be made in a manner that will not
cause injury to the dog or interfere with its vision or respiration but will prevent it from biting
any person or animal. The owner may exercise the dog in a securely fenced or enclosed area
that does not have a top, without a muzzle or leash, if the dog remains within his or her sight
and only members of the immediate household or persons 18 years of age or older are allowed
in the enclosure when the doh is present. When bein_ t~ ransported, such dogs must be safelX
and securely restrained within a vehicle.
(51 Hunting; dogs are exempt from the provisions of this act when en~aeed in any
legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such
as obedience trials. conformation shows, field trials, huntin retrieving trials, and herding
rials are exempt from the provisions of this act when engaged in any legal procedures.
However, such dogs at all other times in all other respects shall be subject to this and local
laws. Dogs that have been classified as dangerous shall not be used for hunting purposes
~6) This section does not apply to dogs used by law enforcement officials for law
enforcement work.
(7) Andperson who violates andprovision of this section is guilty of a noncriminal
~infraction~punishable by a fine not exceeding X500."
Sec. 4-12 Attack or bite b y da~ erous dog: penalties; co nfiscatio n: destruction.
~1)If a dog that has p reviou sly been declared dangero us attack s or bites a person or
a domestic animal without provo cation, the owner is guilt y of a mis demeanor o f the first
degree,.~unishable as yrovi ded in s 775 082 ors 775 083 In additio n the dang erous dog
shall be immediately confi scated by an animal control aut hority, pl aced in qua rantine
if
necessary for the lL er len gth of time, or impounded and hel d for l 0 b usiness day ,
s after the
9wner is given written notific ation under s 767 12, and therea fter destro X
gd in an expeditious
and humane manner This 10-da y time period shall allow .
the owner to request a hearing
ender s 767.12. The owner shall b e responsible for payment of all bo arding costs and other
fees as may be required to hu manel y and safel,~keep the animal during and appeal p rocedure
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(2 If a dog that has not been declared danggrous attacks and c auses severe injury to
or death of any human, the dog shall be immediately confiscated by an animal control
authority. placed in quarantin e, if necessary. for the proper length of time or held for 10
business days after the owner is given written notification under s 767 12, and thereafter
destroyed in an expeditious an d humane manner. This 10-damperiod shall allow the owner
to request a hearing under s. 767.12. The owner shall be responsi ble for payment of all
boarding costs and other fees as may be required to humanely and safely keen the animal
dunng~ny appeal procedure I n addition, if the owner of the doh had p rior knowledge of the
dog's dangerous propensities, ~et demonstrated a reckless disregard for such pro enp sities
under the circumstances, the owner of the dog is ,guilty of a misde meanor of the second
degree, punishable as provided in s.775.082 or s.775.083.
(3 If a dog that has previously been declared dangerous atta cks and causes severe
injury to or death of any human, the owner is ~i_ty of a felony of the third degree, punishable
as provided in s.775.082, s 775.083, ors 775.084. In addition, the do g shall be immediately
confiscated by an animal contro l authority, placed in quarantine, if nec essary, for the roper
length of time or held for l0 bus iness days after the owner is given wri tten notification under
s,767.12, and thereafter destro yed in an expeditious and humane manner. This 10-day time
period shall allow the owner to request a hearing under s.767.12. The owner shall be
responsible for payment of all b oarding costs and other fees as may be required to humanely
end safely keep the animal durin_~any appeal procedure.
,(41 If the owner files a written appeal under s 767 12 or this section, the doQ must
n ~ held and may not be destro y.~d while the appeal is pending
(5 Il f a doe attacks or bites a person who is engaged in or at tem tine to en aee in
a criminal activity at the time of the attack, the owner is not guilty of any crime specified
under this section."
Sec 4-13 Bite by a police or service dog: exemption from quarantine Anv do t~ hat is
Awned, or the service of which is emsloved, by a la~v enforcement agencX, or any dog that
i~ used as a service doh for blind, hearing impaired, or disabled persons, and that bites another
,animal or human is exempt from any quarantine requirement following such bite if the dog has
a current rabies vaccination that was administered by a licensed veterinarian."
SECTION 2.
ARTICLE II. DOGS AND CATS, Sec. 4-30 is hereby amended as follows:
Sec. 4-30. Citations authorized; penalties provided.
(b) Violations of this article shall be punishable by fines as follows:
n First Offense:
,,.
Twenty-five dollars ($25.00) for the first offense:
... if not paid within 14 days, fine goes to $50.00
... ifnot 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~31 vears of first offense
One hundred dollars ($100.00) for the second offense:
... if not paid within 14 days, fine goes to $150.00;
... 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;
Third Offense (if within three (3) years of second offenses
Third offense and subsequent offenses would require a mandatory appearance before the Code
Enforcement Board.
SECTION 3: 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
Mayor/Presiding Officer
ATTEST:
MAUREEN KING, City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIItE
City Attorney
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