559ORDINANCE NO. 559
AN ORDINANCE DEFINING DOGS THAT HABITUALLY AND
EXCESSIVELY YELP, HOWL, BARK, OR GROWL SO AS TO
UNDULY DISTURB OR DISRUPT THE PUBLIC PEACE,
ORDER AND TRANQUILITY, AND THAT CAUSE UNDUE
INCONVENIENCE AND ANNOYANCE TO OWNERS OF
NEIGHBORING PROPERTY AND PERSONS IN CLOSE
PROXIMITY THERETO, TO BE PUBLIC NUISANCES;
PROVIDING FOR A METHOD OF NOTICE TO OWNERS OR
KEEPERS OF DOGS ALLEGED TO BE A PUBLIC NUISANCE;
DECLARING IT UNLAWFUL FOR AN OWNER OR KEEPER OF
THE DOGS TO FAIL OR REFUSE TO ABATE THE NUISANCE
AFTER NOTIFICATION TO DO SO; AND PROVIDING A
PENALTY FOR OWNERS OR KEEPERS OF DOGS FOUND TO
BE A NUISANCE IN FACT WHO FAIL OR NEGLECT OR
REFUSE TO ABATE THE SAID NUISANCE.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA:
Section 1. That any dog within the city limits that habitually and excessively
yelps, howls, barks or growls, so as to cause undue inconvenience and annoyance
to neighboring property owners or to persons in close proximity thereto shall be
considered disruptive of the public order, peace and tranquility and shall be de-
fined as a public nuisance.
Section 2. It shall be unlawful for the owner or keeper or a dog found to be a
nuisance in fact to fail or neglect or refuse to abate the said nuisance, after
notification to do so as provided herein.
Section 3. When the chief of police has received a sworn to written statement
from more than one aggrieved resident within the city complaining of a dog
alleged to be a public nuisance, he shall cause an investigation to be made to
determine if the dog alleged to be a nuisance is a nuisance in fact. If, after
investigation, the chief of police determines that the dog complained of is a
nuisance in fact, he shall deliver a written order to the owner or keeper of
the said dog complained of, which said order shall set forth the findings of the
said investigation and the conclusion drawn from the said investigation. Upon
receipt of the said order, the owner or keeper of the said dog shall have seven
(7) days in which to abate the said nuisance.
Section 4. If the owner or keeper of the said dog found to be a nuisance in fact
shall fail or neglect or refuse to comply with the order herein provided for, he
shall be guilty of a violation of this ordinance and shall upon conviction thereof
be punished as provided by Section 1-8 of the Code of Edgewater, Florida.
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Section 5. That all ordinances or parts of ordinances in conflict h€rewith 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 July 3, 1967.
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 the said Council held on July 3,1967, and approved as provided by
law, the vote of said Council being as follows:
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Attest:
GLL �-r
ity Clerk
Approved this 3rd day of July
A.D., 1967.
Mayor