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ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 4-3, 4-4,
4-5, 4-6, AND 4-9 OF CHAPTER 4 OF THE
CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA, REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
SECTION 1: SECTION 4-3: Definitions is hereby amended
by amenen i�'ngpaparagraph (G)(1) to rem as allows: -
SECTION 4-3(G) Animals that Constitute a Public
Nuisance
Any animal that
(1) is found at large.
SECTION 2: SECTION 4-3: Definitions is hereby amended by
adding paragraphs (M), (N), (0),�Pjam), and (R) as follows:
(M) Cruelty
The word "cruelty" shall be held to include
every act, omission or neglect by which unnecessary
or unjustifiable pain or suffering is caused,
permitted or allowed to continue when there is
reasonable remedy or relief.
(N) Guard Dog
The term "guard dog" as used in this ordinance
shall mean any type of dog used primarily for the
purpose of defending, patrolling or protecting
property or life and which is hired out commercially
to perform these services.
(0) Hobby Breeders
Any person who owns or breeds pure-bred dogs or
pedigreed cats primarily for personal recreational
use. Personal recreational use may include partici-
pation in recognized conformation shows, hunting,
field or obedience trials, racing, coursing, scenting,
specialized hunting, working, or water trials, and
may include improving the physical soundness, temper-
ament, and conformation of a given breed to standard
or for the purpose of guarding or protecting the
owner's property.
(P) Kennel
The word "kennel" shall mean any place of business
at which dogs or cats are kept for sale, breeding,
boarding, treatment or grooming purposes.
(Q) Pet Shop
The word "pet shop" shall be held to include
any place or premises, the primary purpose of which
is the keeping of pet animals for retail sale.
(R) Stable
The word "stable" shall be held to include those
premises at which horses are kept commercially for
boarding, riding, breeding, or resale purposes.
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SECTION 3: SECTION 4-4: License and Registration Required
is hereby amended to read as follows:
SECTION 4-4: License and Registration Required
All dogs kept, harbored, or maintained by their owners
in the City of Edgewater shall be licensed and regis-
tered if over six months of age. Dog licenses shall
be issued by the City Clerk upon payment of a license
tax of $2.00 for each male or spayed female and$5.00
for each unspayed female. Each owner shall giveowner's
name and address and the name, breed, color, and sex
of each dog owned or kept by him. The provision of
this section shall not be intended to apply to dogs
whose owners are non-residents temporarily within the
City nor to dogs brought into the City for the purpose
of participating in any dog show nor to "seeing -eye"
dogs properly trained to assist blind persons for the
purpose of aiding them in going from place to place.
The owner must also present certificate of rabies
inoculation from a veterinarian.
SECTION 4: SECTION 4-5: Tag and Collar is hereby amended
to read
SECTION 4-5: Tag and Collar
Upon payment of the license fee, the City Clerk shall
issue to the owner a license fee receipt and a metallic
tag for each dog so licensed. The shape of the tag
shall be changed every year and shall have stamped
thereon the year for which it was issued and the number
corresponding with the number on the receipt. Every
owner shall be required to provide each dog with a
collar to which the license tag must be affixed and
shall see that the collar and tag are constantly worn.
In case a dog tag is lost or destroyed, a new tag will
be issued by the Clerk upon presentation of a receipt
showing the payment of a seventy-five (750) cent fee
for such tag. Dog tags shall not be transferrable
from one dog to another, and no refunds shall be made
on any dog license fee because of the death of the dog
or the owner's leaving the City before the expiration
of the license period.
SECTION 5: SECTION 4-6(13): Redemption of Impounded Animals
is hereby amended as follows:
(B) Redemption of Impounded Animals:
1. Whenever the owner of an animal can be determined,
the Animal Control Officer or his subordinate shall first
return the animal to said owner and may issue a citation
for public nuisance and, in addition, may issue a cita-
tion if the said animal is not properly licensed. If
the owner is not at home or cannot be informed at that
time, then the Animal Control Officer or his subordinate
shall impound the animal and notify said owner that the
animal has been impounded, and if not redeemed within
five (5) calendar days after impoundment, the Animal
Control Officer or the New Smyrna Beach -Edgewater Humane
Society may dispose of the animal as provided for in the
rules and regulations of the New Smyrna Beach -Edgewater
Humane Society.
SECTION 6: SECTION 4-9: Violations and Prohibited Acts is
hereby amended by adding paragraphs (Q), (R), S , and T as
follows:
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(Q) Unlawful to Keep Strav Animal
It shall beunlawful for any person in the City
to harbor, feed, keep in possession by confinement,
or otherwise, any stray animal unless he has, within
twenty-four (24) hours from the time such animal came
into his possession, notified the Animal Control Officer.
Upon receiving such notice, the Animal Control Officer
or his designate may take such animal and place it in
the animal shelter. It shall be unlawful for any
person to refuse to surrender any such stray animal to
an authorized representative of the Animal Control
Officer upon demand of such representative.
(R) Vicious Animals
It shall be unlawful for any owner to keep any
vicious, fierce, or dangerous animal within the City
unless it is confined within a secure building or
enclosure or unless it is securely muzzled and under
restraint of a competent person who, by means of a
leash, chain, or rope, has such animal under control
at all times. An animal may be declared to be vicious
by the Animal Control Officer on the showing that the
animal has bitten a person without provocation on two
separate occasions within a period of six months or
if such animal shows fierce or dangerous propensities
which, if unrestrained, are likely to cause injury to
persons other than the owner. This declaration of
viciousness shall be delivered in writing to the owner
of the animal.
(S) Females in Heat
It shall be the responsibility of every animal
owner to confine female animals in estrus in such manner
that the female will not cause a disturbance to other
animals.
(T) Animal waste
The owner of every animal shall be responsible
for the removal of any excreta deposited by his animal
on public walks, recreation areas, or private property
of others.
SECTION 7: That all ordinances or parts or ordinances and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed.
SECTION 8: This Ordinance shall take effect immediately
upon its ad —option by the City Council and approval as provided
by law.
SECTION 9: The City Clerk is hereby directed to advertise
this Ordinance as required by law.
The first reading of the above Ordinance is read in full and
passed by vote of the City Council of the City of Edgewater,
Florida, a egular meeting of said Council held on the
a r
day of , 1978, and approved as provided by law.
The seconq reading of said Ordinance to be at a
meeting of the City Council to be held on the J��day
1978.
Roll call vote being as follows:
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0
ATTEST:.
Mayor
FIRST READING
Councilman
Councilman
Council an �.
Councilman
SECOND READING
Mayor
Councilman
Councilman
councilman
Councilman
City Clerk
Approved this _ day of
A.D., 1978.
Mayor
This Ordinance prepared by
JUDSON I. WOODS, JR.
City Attorney
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