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ORDINANCE NO. 2008- 022 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTIONS 302 04 (B) AND 302.04 (D) O F THE COUNTY'S ANIMAL CONTROL ORDINANCE TO ALLOW THREE YEAR LICENSES FOR THREE YEAR VACCINATIONS; AMENDING SECTION 302.07(D)(1) TO CLARIFY PAYMENT UPON SURRENDER OF AN ANIMAL; AND AMENDING SECTION 302.081(A) OF THE COUNTY'S ANIMAL CONTROL ORDINANCE TO PROVIDE A RIGHT OF APPEAL PRIOR TO THE IMPOSITION OF REASONABLE RESTRICTIONS ON A DOG INVOLVED IN ANY BITING OR ATTACK INCIDENT THAT DOES NOT RESULT IN SEVERE INJURY OR DEATH; P ROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF OTHER CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH THE D EPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: LEGISLATIVE FINDINGS. It is hereby ascertained, determined, and declared that: A. Pu rsuant to Article VIII, Section 1 of the Florida Constitution, and Florida Statutes section 125.01, the Board of County Commissioners of Indian River County ("Board") has all powers of local self-government to perform County functions and to provide and maintain standards to assist in ensuring the health, safety, and welfare of the citizens of Indian River County; B. Florida Statutes section 828.27 specifically provides for creation and amendment of a County Ordinance related to animal control and cruelty; and C. The Board recognizes that the public health and interest of the citizens of Indian River County will best be served by amending the existing Indian River County Animal Ordinance. PART I: AMENDMENT TO SECTION 302.04 (B) OF THE CODE OF INDIAN RIVER COUNTY. SECTION 1. AMENDMENT TO SECTION 302.04 (B). Commencing February 9, 2009, Section 302.04 (B) of the Code shall be amended to read as follows: Section 302.04. PROCEDURE FOR APPLICATION, ISSUANCE, AND RENEWAL OF LICENSE (B). On the annual due date of vaccination, or annually on the anniversary date of vaccination if the vaccination is Tess frequent than annually, Every person that owns, keeps, harbors, maintains, or has custody of any dog or cat subject to the requirement of section 302.03 hereof, and all pet dealers owning, harboring, or otherwise keeping dogs or cats for breeding purposes, shall obtain either a one (1) year or a three (3) year a license from the animal control division or its designated agents at the times set forth in Section 302.04 (D). 1