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2005-O-54 'W' ...,. .,. ORDINANCE NO. 2005-0-54 AN ORDINANCE AMENDING SECTION 5-70 (ENFORCEMENT) OF CHAPTER 5 (ANIMAL CONTROL- ANIMALS AND FOWL), ARTICLE VI (ENFORCEMENT AND PENAL TIES) OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. In 1997 City Council enacted of a "Schedule of Fees, Surcharges and Civil Penalties" relating to Chapter 5 (Animal Control) ofthe Code of Ordinances. 2. Chapter 5, Section 5-70 (Enforcement) should be amended to reflect that changes would be made pursuant to Florida Statutes and as established and modified by resolution of the City Council. NOW THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. AMENDING SECTION 5-70 (ENFORCEMENT) OF CHAPTER 5 (ANIMAL CONTROL-ANIMALS AND FOWL), ARTICLE VI (ENFORCEMENT AND PENAL TIES) OF THE CODE OF ORDINANCES. Section 5-70 is hereby amended to read as follows: Sec. 5-70. Enforcement. (a) An animal control officer who has probable cause to believe that a violation of this chapter has occurred shall do one or more of the following: (1) Issue a warning to the person who has committed the violation. (2) Issue a citation to the person who has committed the violation. StltlCk throtlgh passages are deleted. Underlined passages are added. 2005-0-54 1 ....... "-' (3) Impound the animal involved. The determination that a violation has occurred may be the result ofthe animal control officer's own investigation or as the result of a complaint by an aggrieved person. (b) A violation of this chapter, except as otherwise provided, constitutes a civil infraction punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation of specific sections of this chapter shall be established by resolution ofthe City Council. If a person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed. Any citation may be contested in county court. (c) Each day or fraction thereof during which a violation of this chapter continues shall be considered as a separate offense. (d) It shall be mandatory for an owner of an animal to appear in court under the following circumstances: (1) When any violation of this chapter results in the unprovoked biting, attacking or wounding of another animal. (2) When any violation of this chapter results in the destruction or loss of personal property and such destruction or loss exceeds one hundred and 00/1 00 dollars ($100.00) in value. (3) When a person is cited with a second or subsequent violation of Section 5-19 involving animal cruelty. (4) When a person is cited with a third or subsequent violation of any section of this chapter. (e) If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required, the court may issue an order to show cause upon the request of the City. This order shall require the person to appear before court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, that person may be held in contempt of court. (f) The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a preponderance of the evidence. (g) Any person who willfully refuses to sign and accept a citation issued by an animal control officer is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, Florida Statutes. (h) The City Council may by resolution impose a surcharge of up to five dollaI5 ($5.00) in an amount as authorized pursuant to Section 828.27(4)(b), Florida Statutes and adopted by resolution ofthe City Council upon each civil penalty imposed for violation ofthis chapter. The proceeds from such surcharge shall be used to pay the costs of training for animal control officers. (i) In addition to the civil penalty, the City shall include on the citation any costs assessed against the owner of an animal by operation of this chapter which remain unpaid as of the time a citation is issued. Stmck tl,lOtlgh passages are deleted. Underlined passages are added. 2005-0-54 2 .... ...., PARTB. NOTICE TO THE COURT ADMINISTRATOR. The City Clerk is hereby directed to transmit a certified copy of this Ordinance and any related resolution to Mark Weinberg, Court Administrator, Courthouse Annex, 125 East Orange Avenue, Room #200, Daytona Beach, Florida 32114. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PART F. EFFECTIVE DATE. This ordinance shall take effect upon adoption. StItlek t1l1ongh passages are deleted. Underlined passages are added. 2005-0-54 3 ....... ....,; ,. PART G. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on December 5, 2005, was as follows: AYE NAY Mayor Mike Thomas X Councilman Debra J. Rogers X Councilman Dennis A. Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X AfterMotionbfouncilwoman Lichter andSecondby Councilwoman Rhodes ,thevote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas x Councilman Debra J. Rogers x Councilman Dennis A. Vincenzi X Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x Shtick tlneltlgh passages are deleted. Underlined passages are added. 2005-0-54 4 C L PASSED AND DULY ADOPTED this 19th day of December, 2005. ATTEST: For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Shack flu passages are deleted. Underlined passages are added. 2005-0-54 CITY COUNCIL OF CITY OF $DGEW/C Thomas Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this W day of December, 2005 under Agenda Item No. 6 1 .