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87-O-16ORDINANCE NO. 87-0-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 5, SECTION 5-7 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, AMENDING SAID SECTION BY MAKING VIOLATIONS OF SAID SECTION SUBJECT TO THE CITY OF EDGEWATER CODE ENFORCEMENT BOARD; DECLARING THIS ORDINANCE TO BE AN EMERGENCY ORDINANCE FOR THE PURPOSES OF FLA. STATUTE SECTION 166.041, DISPENSING WITH THE REQUIREMENT OF TWO SEPARATE READINGS BY A FOUR -FIFTHS VOTE OF THE CITY COUNCIL; CONTAINING A REPEALER PROVISION, A SEVERABILTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Edgewater has experienced a rash of aggressive animals running at large, and WHEREAS, the City wishes to find a method to quickly and easily enforce the provisions prohibiting any animals, including vicious dogs from running at large or creating a nuisance. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. This Ordinance is hereby declared to be an emergency ordinance for the purposes of Fla. Statutes, Section 166.041 (3) (b) and Section 21 of the City Charter of the City of Edgewater, and has been adopted by a four -fifths vote of the City Council of the City of Edgewater, Florida. The nature of the emergency to be addressed by this Ordinance is that the City has had a rash of vicious animals running at large and there have been attacks reported in nearby communities. SECTION 2. Section 5-7, Animals Creating Nuisance Prohibited, of the Code of Ordinances of the City of Edgewater, be amended as follows:* CHAPTER 5-ANIMALS AND FOWL SECTION 5-7 Animals Creating Nuisance Prohibited Any animal which habitually barks, whines, howls or causes other objectionable noise, which is at large, chases or runs after persons or vehicles, which destroys or damages any property of another person, which causes serious annoyance to neighboring * Deleted language has been lined through and new language under- scored. 1 of 3 pages residents and interferes with the reasonable use and enjoyment of their property, or which is otherwise offensive so as to create a nuisance shall be deemed to be committing an act in violation of this chapter. Any person who owns, keeps or harbors any animal which is deemed in violation of this section shall be guilty of a misdemeanor and punished as provided for in section 5-45 of this chapter. Alternatively said violation may be submitted to the jurisdiction of the City of Edgewater Code Enforcement Board. SECTION 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed. SECTION 4. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. SECTION 5. This ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by Councilman Prater This first reading of this Ordinance as well as the second reading of said Ordinance, was held at a regular meeting of the City Council, on the 3rd day of August , 1987, and was adopted thereby. ROLL CALL VOTE ON ORDINANCE NO. 87-0-16 PJ May r Co nci�'F—oTne Lo ncilmarf-Zont Two Councilman ne r / C ncilman-an-- one Four ROLL CALL VOTE ON ORDINANCE NO. 0-16 1Tp L� / Mayor 2 of 3 pages Ord. No. 87-0-16 •. : s .,.. Councilmair-Zohe Two Zone Authenticated this 3rd day of August 1987. May r 3 of 3 pages Ord. 87-0-16