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Exh 7ASponsor: CommissionerBeaver ORDINANCE NO. 59 99-70 ~ ~~z $ ~~ c~~ --. _ __.___ 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 AUTHORI7ED; PENALTIES PROVIDED, TO PROVIDE THAT A SECOND OR SUBSEQUENT OFFENSE BE WITHIN THREE (3) YEARS FROM THE FIItST 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, 4-11, 4-12, and 4-13, as follows: Sec. 4-8 Legislative findings. Sections 4-8 throueh 4-10 consistent with F.S. 767.10 - 767 16 The Lemslature fi.~ds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because of unprovoked attacks which cause injtir~persons and domestic animals: that such attacks are in part attributable to t}~e failure of owners to confine and pro early train and control their dogs; that existins laws inadequately address this growing problem: and that i~i~aonronriate and necessary to impose uniform requirements for the owners of dangerous do Sec. 4-10. Dangerous Dogs. (a),(1~, "Dangerous Dog" means any dog that, according to the records of the appropriate authority: (1),(~ 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).(~ 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),(~ "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),~5), "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 j~ "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. ec 4-11 Classification of dogs as dangerous: certification of registration~notice_and hearing requirements: co nfinement of animal; exem do on: appe als: unlawful acts. (1~( involvin any dog a) An animal c that may be d ontrol authori~ angerous and v shall inves shall. if pos ti ag to reported incidents sible, interview the owner and require a sworn affid avit from any p erson, includin g any animal control officer or enforcement officer, desiring to have a dog cla ssified as dang erous. Anv animal that is the subject of a dangerous doe`inves tigation, that is not impounded with the animal control au thority shall be humanely~nd safely confined by the owner in a se curely fence d or enclosed a pending the rea outcome of the inv estigation and resolution of a ny hearing s related to the . dangerous dog 2 ~la~~~fi~ation The address of where the animal resides shall be provided to the animal control ~.rthorily No dQ.g that is the subject of a dangerous do investigation may be relocated or gwnership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous doe 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 grope or, while lawfully on the proper~,y was tormenting, abusing or assaulting the dog or its owner or a family member No dog m~,v be declared dangerous if the dog was protecting~or defending a human being within the immediate vicinity of the doh from an unjustified attack or assault ,~1 After the investigation, the animal control authority shall make an initial deternnation as to whether there is sufficient cause to classifythe 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 notification of the sufficient cause finding, to the owner~bv 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 for a hearing within 7 calendar days from the date of receipt of the notification of the efficient cause finding and, if requested, the hearing shall be held as soon as possible but not more than 21 calendar dais and no sooner than 5 days after receipt of the request from the owner Each ~policable local governing authority shall establish hearing procedures that conform to this paragraph. ~d1~Once a dog is classified as a dangerous dog, the animal control authoritX shall provide written notification to the owner bXregistered mail, certified hand delivery or es rvice, and the owner may file a written request for a hearing 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 rPSolution of the appeal Each applicable local ovg erring authority must establish appeal ,procedures that conform to thisparagraph ~21Within 14 days after a dog has been classified as dangerous by the animal control authori or a dangerous dog classification is upheld by the 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 residue, and the certificate shall be renewed annually Animal control authorities are authorized to issue such certificates of r~istration, and renewals thereof, only t2persons who are at least 18 years of age and who present to the animal control authority sufficient evidence of: (al A current certificate of rabies vaccination for the dog. bbl AA proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all en~rv points that informs both children and adults of the presence of a dangerous do og~ n the property lcl Permanent identification of the dog. such a~a tattoo on the inside thigh r electronic implantation The appropriate ,governmental unit may impose an annual fee for the issuance of certificates 4f registration required by this section. 31The owner shall immediately notify the annro~riate_animal control authority when a d that has been classified as dangerous: (al is loose or unconfined. ~l~) has bitten a human being or attacked another animal. . (c, sold ~iv~ en awaX., or dies. (dl is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even ifthe animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the doe is in his or her jurisdiction. (4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside groper enclosure unless the dog is muzzled and restrained ~v 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 doh 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 do is present. When beine trans op rted, such dogs must be safely and securely restrained within a vehicle. (5) Huntine dogs are exempt from the provisions of this act when engaeed in any legal hunt or trainin~nrocedure Do~~s engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in ankle awl 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 huntingpurposes. (6) This section does not appl ty o doffs used by law enforcement officials for law enforcement work. (7L~person who violates any provision of this section is guilty of a noncriminal infraction. punishable by a fine not exceedine X500." ec. 4-12 Attack ox_bite by dangerous dog: penalties: confiscation; destruction. ~1 f a doa 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 ee. punishable as provided in s. 775.082 or s. 775.083. In addition. the dangerous dog shall be immediately confiscated by an animal control authoritv.~placed in quarantine, if necessary, for the lL en 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~period shall allow the owner to request a hearing under s.767,12, The owner shall be responsible for~avment of all boarding costs and other Fees as may be required to humanely and safely keep the animal during any appeal procedure. (2) If a dQg that has not been declared dangerous attacks and causes severe iniurv to car death of any human the dog shall be immediately confiscated by_an animal control authori nlac~ ed in quarantine, if necessary, for the pro elLr length of time or held for 10 business d,~vs after the owner is given written notification under s 767.12. and thereafter ~Pstrgyed in an expeditious and humane manner This 10-day_period shall allow the owner to request a hearing under s 767 12 The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any anneal procedure In addition, if the owner of the doe had prior knowled eg_ of the ~ ' ang~rous propensities yet demonstrated a reckless disregard for such propensities finder the circumstances the owner of the dog is g ill y of a misdemeanor of the second degree,..punishable as provided ins 775 082 ors 77S 083 ~3) If a dog that has previously been declared daneerous attacks and causes severe ~n~'ur~to or death of any human. the owner is guilty of a felony of the third degree. punishable ,provided ins 77S 082, s 77S 083, ors 77S 084 In addition, the dog shall be immediately confiscated by an animal control authority, platequarantine, if necessary. for the roper length of time or held for 10 business days after the owner i~~iven written notification under c 76712, and thereafter destroyed in an expeditious and humane manner This 10-da ty ime period shall allow the owner to request a hearing under s.767.12. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure, ,(4) If the owner files a written appeal under s 767 12 or this section. the dog must be held and may not be destroyed while the appeal is pendine, (5) If a dog attacks or bites a person who is engaged in or attempting to en~a a in a criminal activity at the time of the attack, the owner is not guilty of any crimes ec~ ified under this section." Sec 4-13 Bite by a police or service dogiexemption from quara ntine Anv d~~ that is owned,_or the service of which is emp loyed, by a law enforcement agency. or any dog that is used as a service dog for blind; hearin g impaired~gr disabled persons , and that bites another animal or huma n is exempt from and! qu arantine requirement following~ such bite if the dog has a current rabies vaccination that was a dministered by a licensed vete rinarian." 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: 1. First offense: (The current offense is a "first" offense if there have been no other citations in the preceding 36 months, Twenty-five dollars (~25.00~• i. f not paid within 14 days, fine goes to $50.00; if not paid within 30 days. a Code Enforcement hearing is rewired which could result in fines of up to $250.00 per aY 2. Second offense: (The current offense is a second offense if there has been only one previous citation within the preceding 36 month~l One hundred dollars (,$100.001: if riot raid in 14 days, fine goes to $150.00: if not paid within 30 days. a Code Enforcement hearing is rewired which could result in fines up to $250.00 per daX 3. Third and subsequent offenses: (the current offense if a third or subsequent offense if there have been two or more previous citations within the preceding 36 months Mandatory appearance before the Code Enforcement Board 4. Anyone cited with a violation ofthis article who paxs the required fines and then goes three ,3~vears with no offenses shall return to the status of having no prior offenses for the purposes of this section. 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, ESQUIRE City Attorney 6