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648ORDINANCE NO. 648 AN ORDINANCE RELATIVE TO THE CONTROL OF DOGS IN THE CITY OF EDGEWATER, FLORIDA; PROHIBITING OWNERS OR KEEPERS OF DOGS FROM ALLOWING THEM TO DISRUPT THE PUBLIC PEACE OR BECOME A NUISANCE; SETTING FORTH DEFINITIONS AS TO WHAT DISRUPTS OR DISTURBS THE PUBLIC PEACE OR IS A NUISANCE; PROVIDING FOR A METHOD OF NOTICE TO OWNERS OR KEEPERS OF DOGS ALLEGED TO DISRUPT THE PUBLIC PEACE OR BE A NUISANCE; DECLARING IT UNLAWFUL FOR OWNERS OR KEEPERS OF DOGS TO FAIL OR REFUSE TO ABATE THE NUISANCE AFTER NOTIFICATION TO DO SO; PROVIDING A PENALTY FOR OWNERS OR KEEPERS OF DOGS FOUND TO BE A NUISANCE IN FACT WHO FAIL OR NEGLECT OR REFUSE TO ABATE SAID NUISANCE; AND SETTING AN EFFECTIVE DATE THEREFOR. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That it shall be unlawful for any owner or keeper of a dog to allow said dog to disrupt the public peace, order and tranquility, or to allow said dog to be a public nuisance, and providing further that it shall be unlawful for the owner or keeper of a dog found to be a nuisance in fact to fail or neglect or refuse to abate said nuisance after notification to do so as provided herein. SECTION 2. For purposes of this Ordinance, a dog is considered to be a public nuisance, or is considered to be disruptive of the public peace, order and tranquility, if any of the following conditions occur: time, (a) If it barks continuously for a sustained period of (b) if it barks during the night hours so as to dis- turb the peace and quiet of the neighborhood or area, (c) while it runs at large on the streets or public property or property other than its owner's, it turns over garbage cans or waste containers or otherwise causeswaste or garbage to be scattered on property other than its owner's, a (d) while it runs at large, it barks, growls, snaps at, bites, runs after or chases any person or persons, (e) while it runs at large, it barks at, runs after or chases bicycles, motor vehicles, motorcycles, or other vehicles being driven, pulled, or pushed on the streets, highways or public ways, (f) while it runs at large, it digs, scratches, or excretes on any property other than its owner's, or (g) while in heat is unconfined (confinement shall mean within an enclosed building -- not accessible to any other dog.) SECTION 3. When any person feels aggrieved by any of the acts set forth in Section 2 above, said person may deliver to the Chief of Police of Edgewater, Florida a written, signed statement complaining of the dog alleged to be a nuisance and setting forth the description and location of said dog, together with the reasons why said person feels the dog to be a nuisance. Thereupon, the Chief of Police shall conduct an investigation and if he determines the dog complained of is a nuisance in fact, as set forth herein, he shall deliver a written order to the owner or keeper of said dog complained of, which said order shall set forth the findings of said investigation and the conclusion drawn from said investigation. Upon receipt of said order, said order to be delivered by the Chief of Police or any Policeman in the City of Edgewater, Florida, the owner or keeper of said dog shall have seven (7) days in which to abate the said nuisance. SECTION 4. If the owner or keeper of said dog found to be a nuisance shall fail or neglect or refuse to comply with said order herein provided for, the Chief of Police shall make affidavit and cause a warrant to be issued for -2- the arrest of the owner or keeper of said dog. If said owner or keeper of said dog shall be found guilty of violating this Ordinance by the Municipal Court of the City of Edgewater, and shall be convicted thereof, said owner or keeper shall be punished as provided by Section 1-8 of the Code of the City of Edgewater, Florida. SECTION 5. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. That this Ordinance shall take effect immediately upon its passage by the City Council and approval by the Mayor. The foregoing Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting held on January 19 1970. Upon motion duly made, seconded and carried, the requirement of reading said Ordinance upon second reading was waived and the Ordinance was ordered put upon final passage. Passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on January 19, 1970, and approved as provided by law, the vote of said Council being as follows: ATTEST:,lu. i y erl x Approved this 19th day of 1'nw„p A.D., 1970. ayor Zy' -3-