Exh 7Ai~
~.. r' / ~ /
~ - 99
`/f^/ Sponsor: Commissioner Beaver
ORDINANCE NO. 95-99-70
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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:
SECTION 1. Chapter 4, Animals, is hereby amended to correct the numbering of Section
4-10 and to add new Sections 4-8, 4-I 1, 4-12, and 4-13, as follows:
Sec. 4-8 Legislative findings. (Sections 4-8 through 4-10 consistent with F S 767 10 -
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The Leg~lature finds that dangerous dogs are an increa ingly serious and wides rp ead
thre at to the safety and welfare of the eople ofthis state because of unprovoked attac ks which cause
inju ry to.persons and domesti c animals• that such attacks are in part attributable t o the failure of
Qwn ers to confine and properly train and control their do~~; that existing laws inade q~zatel~ address
this growing.problem• and that it is appropriate and necessary to impose uniform r equirements for
the owners of dangerous doffs
Sec. 4-10. Dangerous Dogs.
(a)te, "Dangerous Dog" means any dog that, according to the records of the appropriate
authority:
(I)mo, 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;
(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)~ 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).~2.) "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).(~ "Proper enclosure of a dangerous dog" means, while on the owner's property, a
dangerous dog is securely coned 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 aver,
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
of the animal control authority under this act.
(f)~b,~ "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 dog) 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.
dec. ~-11 Classific ation of dogs a s dangerous• certification of registration• notice and
Bearing requirements; confinement of s~ nimal• exem ~tion• aA~eals• unlawful acts
~1~a) An animal co ntrol authorit y shall investigate reported incidents
involving an~do~
~, th
at may be da ngerous and shall if ossible interview the owner and
require a sworn affid avit from an pe rson including any animal control officer or enforcement
officer, desiring to have a dog cla ssified as dan~ er~us Anv animal that is the sub1ect of a
dangerous dog inves ti~ Lion, that is not impounded with the animal control authority shall be
humanely and safely confined by the owner in a sec ureIv fenced or enclosed area nendine the
outcome of the investigation and resolution of any hearings related
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~o~he dan~:erous do~g_classification ~'he address of where the animal resides shall be provided
to the animal control authority. No dog~that is the subject of a dangerous dodo inve ti ation
may be relocated or ownership transferred en riding the outcome of an investigation or any
hearings related to the determination of a dangerous dog classification In the event that a
dog is to be destroyed the dog shall not be relocated or ownership transferred
~b A dog shall not be declared dangerous if the threat injury, or damage was
sustained by a person who, at the time, was unlawfully on the ~roUerty or, while lawFully on
the r~opertv was tormenting, a, bt~sin~, or assaulting the dog or its owner or a family member
No dog maybe declared dangerous if the dog was ~rotectin~ or defending a human being
within the immediate vicinity of the dog from an unjustified attack or assault
(c1 After the investi ag lion the animal control authority shall make an initial
determination as to whether there is ufficient cause to classify the doa as dangerous and shall
afford the owner an o~p rtunity for a hearing_nrior to making a final determination The
animal control authority shall provide written notification of the sufficient cau e finding to
the owner. by registered malt certified hand delivery, or service in conformance with the
provisions of chanter 48 relating to service of process The owner may file a written request
for a hearing within 7 calendar days from the date of receipt of the notification of the
sufficient cause finding and,.if requested, the hearing shall be held as soon as possibl~,but n~
more than 21 calendar days and no sooner than 5 days after receipt of the request from the
owner. Each applicable local governing authority shall establish hearing_procedures that
conform to this paragraph.
~d rice a dog is classified as a dang,~rous dog, the animal control authority
'^°, shall provide written notification to the owner ~v registered mail, certified hand delivery or
service, and the owner may file a written request for a hearin~7 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 dog in a securely fenced or enclosed area pending a
resolution of the appeal Each a~t~licable local ~overnin~ authority must establish appeal
procedures that conform to this arp agra~h
(2)Within 14 days after a dog has been classified as dangerous by the animal control
authority or a dangerous dog classification is upheld by the county court on ap eal, 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 issue such certificates of registration,
and renewals thereof onltito persons who are at least 18 years of ale and who present to the
animal control authority sufficient evidence of
!a~ A current certificate of rabies vaccination for the dog,.
(b) A proper enclosure to confine a dangerous dog and the ~ostin~ of the
premises with a clearly visible warning d~;n at all entry points that informs both children and
adults of the presence of a dangerous dog on the property
(c) Permanent identification of the dog such as a tattoo on the inside thigh
or electronic implantation.
The appropriate governmental unit may impose an annual fee for the issuance of certificates
~-•,~ of registration required by this section
~3)The owner shall immediately notifX the appropriate animal control authority when a dog
that has been classified as dangerous•
(a) is loose or unconfined.
(b) has bitten a human being or attacked another animal.
Sc~ sold given away, or dies.
(dais moved to another address.
Prior to a dan~er~us do~ being sold or liven awaX the owner shall provide the name
address, and telephone number of the new owner to the animal control authorityv. The new
9wner must comply with all of the requirements of this act and implementing local ordinances.
even if the animal is moved from one local jurisdiction to another within the statey The animal
control officer must be notified by the owner of a dog classified as dangerous that the dog is
in his or her jurisdiction.
X41 It is unlawful for the owner of a dangerous dog to permit the dog to be outside
a~roper enclosure unless the dog is muzzled and restrained by a 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
env 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 do is present. When bein t~ ransported, such dogs must be safely
and securely restrained within a vehicle.
(5 Hunting dogs are exempt from the provisions of this act when en~a~ed in any
legal hunt or training.procedure. Dogs en~;a~ed in training or exhibitinb in lee al sports such
as obedience trials. conformation shows, field trials, huntin retrieving trials. and herding
trials are exempt from the provisions of this act when engaged in any Legal procedures.
However, such dogs at al] 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 pui-~oses.
(6) This section does not apply to doffs used by law enforcement officials for law
enforcement work,
,~7Lv person who violates any provision of this section is Guilty of a noncriminal
infraction punishable by a fine not exceeding $500."
dec. 4-12 Attack or }bite by dangerous dog; penalties; confiscation; destruction.
(1 If) a dog that has previously been declared dangerous attacks or bites a person or
a domestic animal without provocation. the owner is guilty. of a misdemeanor of the first
de r~ee, punishable as provided in s. 775.482 or s. 775.083. In addition. the dangerous doa
shall be immediately confiscated (Z, an animal control authority, tilac~ ed in quarantine, if
necessarX. for the fro ep r length of time; or impounded and held for 10 business days after the
owner is given written notification under s.767 12,,,and thereafter destroyed in an expeditious
and humane manner. This 10-da t~ ime period shall allow the owner to request a hearing
under s 767 12 The owner shall be responsible for.~ayment of all boarding costs and other
fees as maybe required to humanely and safely keep the animal during any appeal procedure.
"~'~
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(2)Ifa dog that has not been declared dangerous attacks and causes severe indury_to,
9r death of any human the dog shall be immediately confiscated by an animal control
a~~hority placed in quarantine if necessary, for the proper Ien~th of time or held for 10
business davs after the owner is given written notification under s 767 12, and thereafter
destroved in an expeditious and humane manner This 10-dav period shall allow the owner
to request a hearing under s 767 12 The owner shall be responsible for~ayment of all
oardin~ costs and other fees as ma by e required to humanely and safely keep the animal
durins any~ppeal procedure In addition if the owner of the dos had prior knowledge of the
do 's dan Brous pro ensities yet demonstrated a reckless di regard for such propen itieS
under the circumstances. the owner of the doggy guilty of a misdemeanor of the second
degree, punishable as provided ins 775 082 ors 775 083
~3) If a dog that has previously been declared dangerous attacks and causes severe
iniury to or death of any human the owner is gay of a felony of the third degree punishable
~s~rovided in s.775.082. s 775 083, ors 775 084 In addition, the dog shall be immediately
confiscated by an animal control authoritv,~placed in quarantine, if necessary for the l~l~
l~nath of time or held for 10 bu ine s davs after the owner is given written notification under
s.767.12_ and thereafter destroyed in an expeditious and humane manner Thi 10 day tim@
period shall allow the owner to request a hearing under s.767.12. The owner shall be
~ponsible for payment of all boarding costs and other fees as may be required to humanely
~d safely keep the animal during anv appeal procedure
~4) If the owner files a written appeal under s 767 12 or this section the do,~ must
be held and ma~%nst be destroyed while the app l is ending.
I5) If a dog attacks or bite a person who is en~a~ed in or attempting to en~a,,.~e in
a criminal activity at the time of the attack the owner is ngt guilty of anv crimes ecified
under this section."
Sec 4-13 Bite by a p9lice or service dog; xecnption from quarantine Any dog that is
owned_ or the service of which i emploved,~y a law enforcement ag_encv.. or anv doh that
~s used as a service dog 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 do~~- 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:
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1. First offense: Twenty-five dollars ($2~.00~, if not paid within 14 days. fine o~ es to
550.00. if not paid within 30 dam, a Code Enforcement hearing is required which
could result in fines of up to $250.00 per day
2. Second offense: cif within three (31 years of first. offense: One hundred dollars
.{,5100.00~`if not paid in 14 days- fine goes to $150.00; if not paid within 30 dayg, a
.Code Enforcement hearing is required which could result in fines up to 5250.00 per
3. Third offense: (if within three (3~years of first offenses A Code Enforcement Board
hearing is required for third and all subsequent offenses if they are within three (3)
years of the first offense.
4. Third and subsequent offenses: (if within three years of first offensel: Mandatory
appearance and hearin,~ before the Code Enforcement Board
5. Anyone cited with a violation of this article whQ.pay.~ the required fines and then does
three 3) years with no offenses shall return to the status of having no prior offenses
for the purpose of this section
SE~TTON 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. 3ENSEN, ESQUIRE
City Attorney
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