HomeMy WebLinkAbout1997-194/ 14/97(ord\amend 302 fees)Ow
AN ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER
302 - ANIMAL CONTROL AND KENNEL
REGULATIONS TO ESTABLISH A FEE
PROCEDURE FOR DANGEROUS DOGS.
WHEREAS, the Florida Statutes Section 767.14 authorizes local
governments to establish restrictions or additional requirements to Chapter
767, F.S. ; and
WHEREAS, it is in the public interest to have the financial burden of
administering "Dangerous Dog" requirements rest with the owner of the
"Dangerous Dog,"
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that:
SECTION 1. AMENDMENT.
A new section 302.092 is added to read as follows:
Section 203.092. Fee procedure for dangerous dogs.
a) When it has been determined that a dog is a "Dangerous Dog" as
defined in this chapter, the dangerous dog will not be released to the
owner until all costs of boarding the animal and all requirements have
been completed and verified by the animal control director.
b) The cost of investigating
and
administering
the dangerous dog
requirements shall
be
borne by
the
owner
of the dangerous dog and
shall be established
by
resolution.
c) If at any step in the dangerous dog process the dog is determined not to
be dangerous, the dog shall be returned to the owner at no cost to the
owner.
SECTION 2. SEVERABILITY.
If any section, or 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 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.
SECTION 3. EFFECTIVE DATE.
A certified copy of this ordinance, as enacted, shall be filed by the Clerk
with the Office of the Secretary of State of the state of Florida within ten days
after enactment, and this ordinance shall take effect upon filing with the
Secretary of State.
Approved and adopted by the Board of County Commissioners of Indian
River County, Florida, on this 3 day of J u n e ,1997.
This ordinance was advertised in the Vero Beach Press -Journal on the
19 day of May , 1997, for a public hearing to be held on the 3 day of
June 1997, at which time it was moved for adoption by Commissioner
Adams , seconded by Commissioner M a c h t , and adopted by the
following vote:
The Chairman thereupon declared
adopted this 3 day of June 1997.
IF ,r
y;; v
the ordinance duly passed and
'` F BOARD OF COUNTY COMMISSION
t
Attest: INDIAN RIVER COUNTY, FLORIDA
J �'y�If.�Bartori", e
L4 IE fective aIt This '
Department of S'fate`
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ice became effective upon filing with the
took place on 11t1day of June 1997.
Chairman
Carolyn
K. Eggert
Vice
Chairman
John W.
Tippin
Commissioner
Caroline
Ginn
Commissioner
Kenneth
R.
Macht
Commissioner
Fran
B.
Adams
The Chairman thereupon declared
adopted this 3 day of June 1997.
IF ,r
y;; v
the ordinance duly passed and
'` F BOARD OF COUNTY COMMISSION
t
Attest: INDIAN RIVER COUNTY, FLORIDA
J �'y�If.�Bartori", e
L4 IE fective aIt This '
Department of S'fate`
sinIF
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ice became effective upon filing with the
took place on 11t1day of June 1997.
DANGEROUS DOG INVESTIGATION RELATED COSTS
REQUIRED ACTIVITIES
$120 3. Impoundment of animal (quarantine. or secure confinement). ($30 H.S. fee; 2 hrs
x $20; 10 days @$5 per day)
$80 4. A/C investigation (interviews, etc). (4 hrs x $20)
Animal
$20 1. A/C responds to initial
hrs
complaint.
(1 his x $20)
$120 3. Impoundment of animal (quarantine. or secure confinement). ($30 H.S. fee; 2 hrs
x $20; 10 days @$5 per day)
$80 4. A/C investigation (interviews, etc). (4 hrs x $20)
Animal
$80 5. Investigating
hrs
$40 2. A/C initial
report. (4 hrs x $20)
$30
inquiry.
Determination
(2 x $20)
$120 3. Impoundment of animal (quarantine. or secure confinement). ($30 H.S. fee; 2 hrs
x $20; 10 days @$5 per day)
$80 4. A/C investigation (interviews, etc). (4 hrs x $20)
6.
Animal
$80 5. Investigating
Officer prepares
report. (4 hrs x $20)
6.
Animal
$30
Control Director -
Determination
if sufficient
cause
exists.
(2 hrs x $15)
$70 7. Animal Control Director provides owner a hearing before final determination.
(2 hrs x $15; 2 hrs x $20)
$75 8. Owner files written request for hearing (appeal) before Emergency Services
Director. (1 his x $75)
$220 9. Hearing before Emergency Services Director. (2 hrs x $75; 2 hrs x $15; 2 hrs
x $20)
$150 10. Emergency Services Director provides written determination with findings of fact
to owner. (2 hrs x $75)
$185 11. Owner appeal to County Court. (1 hr x $20; 1 his x $15, 1 his x $75, 1 his x $75)
$90 12. If upheld - owner must register animal as a dangerous dog and Animal Control
must verify compliance and or approve the following: (2 hrs x $20)
A.
Current
rabies
vaccination
Be
Proper enclosure
C.
Posting of
warning
sign
D.
Owner obtains
and
maintains
liability
insurance
E.
Owner
obtains
a $50
certification
of
registration
F.
Purchase
a
collar
or harness
from
Animal
Control
G.
Sterilize animal
H.
Have
implanted
a micro
-chip
in animal
for
identification,
80 13. Animal Control makes unannounced visits to verify compliance with ordinance
and seize animal if violations occur. (4 visits yr 1 hr ea x $20)
$1,240