HomeMy WebLinkAbout1988-240
3/30/88(J4)LEGAL,(W/SPBnm)
ORDINANCE NO. 88- 24
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING SECTIONS 3-6, 3-13,
3-161 AND 3-19 OF THE INDIAN RIVER
COUNTY ANIMAL CONTROL ORDINANCE AND
CREATING SECTIONS 3-20, 3-21, 3-221 AND
3-23 OF THE INDIAN RIVER COUNTY CODE OF
LAWS AND ORDINANCES; PROVIDING FOR
APPOINTMENT OF ANIMAL CONTROL OFFICERS;
PROVIDING FOR ISSUANCE OF CITATIONS FOR
VIOLATIONS OF THE INDIAN RIVER COUNTY
ANIMAL CONTROL ORDINANCE; PROVIDING FOR
THE FORM OF THE CITATION, PROVIDING FOR
THE REPEAL OF THAT PORTION OF SECTION 16
OF INDIAN RIVER COUNTY ORDINANCE NO.
83-22 WHICH PROVIDES FOR IMPRISONMENT
FOR VIOLATION OF THE INDIAN RIVER COUNTY
ANIMAL CONTROL ORDINANCE; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
INCORPORATION.IN CODE; AND PROVIDING FOR
EFFECTIVE DATE*
WHEREAS, the Florida Legislature has enacted
Florida Statute 828.27, providing counties with the
authority to appoint animal control officers which have the
authority to issue citations for violations of local animal
control ordinances; and
WHEREAS, the Indian River County Board of County
Commissioners wishes to approve the appointment of animal
control officers to utilize the authority granted by the
Legislature in the adoption of Section 828.27, Florida
Statutes,
NOW, THEREFORE, BE IT ORDAINED by the Board of
County Commissioners of Indian River County that Chapter 3
of the Indian River County Code of Laws and Ordinances is
hereby amended as follows:
1. Appointment of Animal Control Officers.
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SECTION 3-6.
(d) Upon recommendation by the County
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Administrator or his designee, the Board of County
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Commissioners, byresolution,— and pursuant to the authority
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are deletions.
ORDINANCE NO. 8 -
of Section 828.27, Florida Statutes, may—approve—appointment
-------------------------------------
of one or more animal control officers to enforce the
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provisions of this chapter_ Any animal —control — officer
appointed _and —approved _by_ the —Board —of—County_Commissioners,
or any law enforcement officer as defined _in --Florida
Statutes, Section 943.10(1), shall be referred to _herein —as
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officers and are hereby__ authorized— to issue citations
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not i i fyi ng— persons to appear in the, County _Court — when the
officer has probab l e cause to ------be I leve that such person —has
--------------------------------
committed a violation of the Indian. River_ County —Animal
---------------------------------------------
Control Ordinance. The determination that a violation has
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occurred may -- be --the result of the officer's own
investigation or as the result of—a-- complaint
by --an
aggrieved_ person_
2. Enforcement_ options.
SECTION 3-13.
The animal control authority shall, whenever an
owner, person, or animal is .deemed to be in violation of
this chapter in any manner, take one or more of the
following steps, as deemed most appropriate to achieve the
desired result:
(1) Impoundment of such animal with notification,
redemption and disposition, to be pursued in
accordance with this chapter.
(2) Initiate an action for determination of a
violation by the code enforcement board as
provided above.
(3)-- Issuance —of—a— citation —notifying —persons _to
appear —in the County_Court when the officer
has probable cause to believe that such
person has committed a violation of the
Indian River County Animal Control Ordinance.
A citation issued by an officer for violation of
the Indian River County Animal Control Ordinance shall
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• ORDINANCE NO. 8
contain the —following —information_
1. The date and time_of—issuance_
2. The name and address of the person —accused—of
----------------
the violation.
committed.
3. The date and time the —civil— infraction was
4. The facts —constituting —probable —cause.
5_— Theordinanceviolated_
6. The name and authority of the officer*
70 The procedure for the person
--to_ follow in
8. The applicable civil penalty — if — the —person
----------------------------
elects to contest the citation.
9. The applicable civil penalty _if —the _person
elects not to contest the—cavitation_
10___ A —conspicuous _statement that if the person
fai Is—to_pay the civi I—penalty—within the _time —al lowed, or
if fails to—appear—in—court to contest—the—citation,—then—he
shall be deemed to have waived his right —to—contest_the
citation—and that
--in— such __case, —judgment may —be—entered
against—the person for—an amount up_to_the—maximum —civil
penalty_
11�--A noticegivingthe date and —time—theperson
must appear in court if the person fails —to pay —the civil
penalty_
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order—to—pay—the civil
—penalty —or—to—
contest —the —citation*
8. The applicable civil penalty — if — the —person
----------------------------
elects to contest the citation.
9. The applicable civil penalty _if —the _person
elects not to contest the—cavitation_
10___ A —conspicuous _statement that if the person
fai Is—to_pay the civi I—penalty—within the _time —al lowed, or
if fails to—appear—in—court to contest—the—citation,—then—he
shall be deemed to have waived his right —to—contest_the
citation—and that
--in— such __case, —judgment may —be—entered
against—the person for—an amount up_to_the—maximum —civil
penalty_
11�--A noticegivingthe date and —time—theperson
must appear in court if the person fails —to pay —the civil
penalty_
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ORDINANCE NO. 8 -
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the means chosen by the animal control
in any case in which nonimpoundment can be
reasonably expected to result in immediate
and substantial destruction of life or
property .or `otherwise adversely endanger the
health, safety and welfare of the public.
(Ord. No. 83-22, § 11, 6-15-83)
3. Penalty_ provisions.
SECTION 3-16.
Penalty provisions..
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authority to prosecute
a particular
violation
in any case in which nonimpoundment can be
reasonably expected to result in immediate
and substantial destruction of life or
property .or `otherwise adversely endanger the
health, safety and welfare of the public.
(Ord. No. 83-22, § 11, 6-15-83)
3. Penalty_ provisions.
SECTION 3-16.
Penalty provisions..
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' ORDINANCE NO. 8 -
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civil infraction and.may_ be punishable —by—a civilpenalty
not to exceed $500.00. A civil penalty of less—than $500.00
may be _imposed —if— the—person — who has committed the civil
-------------------------
infraction does not contest__the— citation. Each day or
fraction thereof during which the violation continues shall
be considered as a separate offense. The Board of County
Commissioners may enforce the provision of this chapter by
seeking injunctive relief or any other remedy available by
(b)-- Any —person,-_wh_o_wi_I—IfuI I refuses —to—sign —and
accept— a c i to t i on i ssued__by _anu of f ce r i s declared— to be
guilty— of_a—_criminal _ offense and misdemeanor within the
meaning of Section-775.08, Flori-daw Statutes, and pun i shabl e
as— provided —by—law.
(c)--It—shall
--be—a—violation—of this article for
any--person--to— knowingly hinder, —resist, or —oppose --any
officer or employee—of—the animal control division in the
performance of their duties under this article or to
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knowingly
(a) Any violation
of
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this
ordinance
constitutes a
civil infraction and.may_ be punishable —by—a civilpenalty
not to exceed $500.00. A civil penalty of less—than $500.00
may be _imposed —if— the—person — who has committed the civil
-------------------------
infraction does not contest__the— citation. Each day or
fraction thereof during which the violation continues shall
be considered as a separate offense. The Board of County
Commissioners may enforce the provision of this chapter by
seeking injunctive relief or any other remedy available by
(b)-- Any —person,-_wh_o_wi_I—IfuI I refuses —to—sign —and
accept— a c i to t i on i ssued__by _anu of f ce r i s declared— to be
guilty— of_a—_criminal _ offense and misdemeanor within the
meaning of Section-775.08, Flori-daw Statutes, and pun i shabl e
as— provided —by—law.
(c)--It—shall
--be—a—violation—of this article for
any--person--to— knowingly hinder, —resist, or —oppose --any
officer or employee—of—the animal control division in the
performance of their duties under this article or to
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Fees and penalties enumerated.
(a) The following fees and penalties are hereby
established and are deemed necessary for the
proper administration of the chapter and to
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----------------
are deletions.
knowingly
--with --any
--animal --trap —_set --by--such
--interfere
officers or employees
or
to molest or release any. —animal
caught —therein_
4.
Fees
—and —penalties.enumerated.
SECTION
3-19.
Fees and penalties enumerated.
(a) The following fees and penalties are hereby
established and are deemed necessary for the
proper administration of the chapter and to
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----------------
are deletions.
ORDINANCE NO. 8 -
promote protection of the public's health,
safety and welfare_:
(1) Licensing fees:
a. Female or male, dog or
cat, initial or renewal
license, not sterilized,
per year. . . . . . . 10.00
b. Female or male, dog or
cat, initial or renewal,
sterilized, per year. 5.00
c. Hal.ftprice to be assessed
for issuance of any
initial license after June
30 of a licensing year.
d. All renewals shall be at
full price per category.
e. Additional late charge for
licensing after date
required by law 5.00
f. Fee for issuance of
duplicate license tag .. 3.00
g. All of the above fees are
to bet paid to the ta'x
collector of Indian River
County, Florida
(2) Impoundment fees:
a. Per diem or part thereof
for all animals 5.00
b. Payable prior to release
of animal from the
designated impoundment
facility.
(3) Redemption penalties in addition to
impoundment fees:
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----- are deletions.
ORDINANCE N0. 8 -
an owner) 1%100 30_00
b. For a second offense. . . 30100 60_00
c. For any third or
subsequent offense. 00100 100_00
(b) Impoundment fees and redemption penalties
shall be paid during business hours at the
office of the clerk of the circuit court,
Indian River County Courthouse, 2145 14th
Avenue, Vero Beach, Florida. Impoundment and
redemption penalties shall be paid during
nonbusiness hours at a location to be
designated by the animal control director.
(c) An owner shall pay all actual expenses or
fees incurred for which the county has
obligated itself for additional care for
quarantine or veterinary services as an
impoundment fee, at time of redemption of the
animal.
(d) Rabies vaccination prepayment fee for
redemption shall be eight dollars ($8.00) per
animal. (Res. No. 83-43, § 2, 6-15-83)
5. Conflicting_ Provisions.
SECTION 3-20.
Special acts of the Florida legislature applicable
only to unincorporated areas of Indian River County, County
ordinances, and County resolutions, or parts thereof, in
conflict with this ordinance are hereby superseded by this
ordinance to the extent of such conflict.
6. Severability.
SECTION 3-21.
If any section, or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, inoperative, or void, such holding
shall not affect the
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are deletions
ORD I NANCE NO 88 -24
4
remaining portions of this ordinance,
and it shall be construed to have been the legislative
intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
7. Incorporation -in Code.
SECTION 3-22.
This ordinance shall be incorporated into the Code
of Laws and Ordinances of Indian River County and the word
"ordinance" may be changed to "section", "article", or other
appropriate word and the sections of this.ordinance may be
renumbered or relettered to accomplish such purposes.
8. Effective Date.
SECTION 3-23.
This ordinance shall become effective 'upon receipt
from the Secretary of State of the State of Florida of
official acknowledgment that this ordinance has been filed
with the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this --14th
June 19880
day of _�
This ordinance was advertised in the Vero Beach
Press -Journal on the 23rd day of -- Ea— _____. 1988, for a
public hearing to be held on the-14thday of --June_______,
198.8, at which time it was moved for adoption by
Commissioner
Bowman------ seconded by Commissioner
Bird and adopted by the following vote:
Chairman Don C. Scurlock, J r. _ Ame
Vice Chairman Gary C. Wheeler ..Absent
Commissioner Richard N. Bird __AY�(
Commissioner Margaret C. Bowman _Aye•
Commissioner Carolyn K. Eggert _Atz.�ent
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ORDINANCE NO. 88-24
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Acknowledgment by the Department of State of th'e SIF tF I ate of;'
Florida, this 20th day of June1.988 'L
-- ------------Feel
Feel
Acknowledgment from the Department of State received on this
23rd day of Jung------___• 1988• at 10:00 a•m•/p.m, and
fiI ed i n the Of f ice of the Clerk of the -$off--of County
Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Sharo hillips B ennan
Assistant County Attorney
VED AS TO ADMINISTRA-
MATTERS:
e
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------ are deletions.
AN ACT RELATING TO INDIAN RIVER COUNTY, FLORIDA; PROVIDING
FOR THE ENFORCEMENT OF INDIAN RIVER COUNTY CODE OF LAWS AND
ORDINANCES :CHAPTER 3, THE INDIAN RIVER COUNTY ANIMAL CONTROL
ORDINANCE; PROVIDING AUTHORITY TO DESIGNATE ANIMAL CONTROL
OFFICERS Z'O ..ISSUE NOTICES TO APPEAR IN COURT FOR VIOLATIONS
OF THE INDIAN,RIVER COUNTY ANIMAL CONTROL ORDINANCE; ALLOWING
SPECIFIC PENALTIES FOR THE VIOLATION THEREOF; AUTHORIZING THE
ENACTMENT OF AN ORDINANCE ESTABLISHING PROCEDURES TO
IMPLEMENT THIS ACT; PROVIDING FOR PENALTY; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE. DATE.
BE IT ENACTED by the Legislature of the State of Florida;
Section 1. The Board of County Commissioners of Indian River
County-, Florida is hereby empowered to designate one or more
individuals as 'hnimal Control Officers. The training and
qualifications of the employees for such designation shall be
determined by the Board of County Commissioners,
Section 2. It shall be the duty of any person designated as
an Animal Control Officer to enforce the Indian River County Code
of Laws and Ordinances, Chapter 3, as adopted and from time to
time amended, by theABoard of County Commissioners of Indian River
County,
Section 3. An Animal Control Officer hereunder, or any law
enforcement officer as defined in Florida Statute Section
943.1(1), or its successor, is hereby authorized to issue notices
to appear for the violation of Indian River County Code of Laws
and Ordinances, Chapter 3, when, based upon personal
investigation, the officer has reasonable and probable grounds to
believe that a violation of said chapter has occurred.
Section 4. A notice to appear issued by an enforcement
officer under the provisions of this act shall Rbe in a form
authorized by Florida Statutes Section —9.01:27 and substantially
similar to the form provided in Florida Rules of Criminal
Procedure, Section 3.125. A notice`to appear shall, at the
minimum, state the time and date of issuance, name and address of
the violator, the date of the violation, the description of the
violation, the section and number of Indian River County Code of
Laws and Ordinances, Chapter 3, for which the violation is
charged, the name of the enforcement officer and the time and date
on which the person charged shall appear in court.
0
Section 5.
A. Any person charged for violations of Indian
River County Code of Laws and Ordinances, Chapter 3, shall be
deemed to be charged with a non -criminal infraction and cited
to appear in County Court,
Be Any person cited for infraction of this
section shall;
(1) Post a bond, which shall be equal in
amount to the applicable civil penalty
hereinafter provided for; or
(2) Sign and accepts- a citation indicating a
promise to appear.
C. Willful refusal to sign or accept service of
a notice to appear shall be unlawful and constitute a
separate offense. Any person who willfully refuses to post
a bond or acceptance on a citation shall be in voilation of
this law and shall be punished in accordance with Florida
Statutes Section 125.69, or its successor.
D. Any person cited with a violation of Indian
River County Code of Laws and Ordinances, Chapter 3, may:
(1) Pay the civil penalty within ten days
of receiving the citation; or
( 2 ) If he has posted bond, forfeit bond by
not appearing at the designated time and
location, or
(3) If the person cited follows either of
the above procedures, he shall be deemed to
have admitted the infraction and to have
waived his right to a hearing on the issuance
of the commission of the infraction.
E. Any person electing to appear or who is
required to so appear shall be deemed to have waived his
right to the civil penalty.
ET
.-
Section 6. The civil penalties required for the
disposition of an infraction pursuant thereto shall be such
monetary amounts as Board of County Commissioners of Indian River
County shall establish by ordinance, provided that in no event
shall such civil penalty exceed the amount provided by general law,
for the violation of a county ordinance.
Section 7. Nothing herein contained shall be construed to
authorize or permit any Animal Control Officer to perform any
function or duty of a law enforcement officer other than specified
herein. Animal Control Officers shall not make physical arrests
or take any person into custody and shall be exempt from the
requirements relating to the high hazard or special risk
retirement program and Criminal Justice Standards and Training as
defined in Florida Statutes wSections 122.34 and 943.11, et seq.,
or their successors.
Section 8. The Board of County Commissioners of Indian River
County, Florida may enact an ordinance establishing procedures for
the implementation of this act.
Section 9. The provisions of this act shall be incorporated
into the Code6-fhaws and Ordinances of Indian River County and
the word "act" may be changed to "section", "article", or other
appropriate word, and the sections of this act may be renumbered
or relettered to accomplish such purpose.
Section 10. Severability: If any section, sub -section,
sentence, part thereof, paragraph, phrase or word of this act is
for any reason held to be unconstitutional, inoperative or void,
such holdings shall not affect remaining portions, and it shall be
construed to have been the legislative intent to pass the act
without such unconstitutional, invalid or inoperative part.
Section 11. This act shall take effect upon becoming a law.
Approved: 1-8-86