HomeMy WebLinkAbout2006-005RESOLUTION NO. 2006- 005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE EXISTING
FEES, PENALTIES, AND. PROCEDURES RELATED TO THE
ENFORCEMENT OF THE ANIMAL CONTROL ORDINANCE;
AMENDING EXISTING CIVIL PENALTIES FOR VIOLATIONS OF
SPECIFIC SECTIONS OF. THE ANIMAL CONTROL ORDINANCE;
AND AMENDING THE EXISTING FEES AND COSTS FOR
ADMINISTERING DANGEROUS DOG REQUIREMENTS.
WHEREAS, the Board of County Commissioners of Indian River County, pursuant to
Florida Statutes sections 125.01 and 828.27, has adopted an animal control ordinance, as
amended from time to time, codified in Chapter 302 of The Code of Indian River County,
that provides for the issuance of citations to persons who have committed civil infractions
in violation of the duly enacted ordinance; and
WHEREAS, as allowed by Florida Statutes section 828.27 and Chapter 302 of The
Code of Indian River County, the Board of County Commissioners of Indian River County
may establish civil penalties of up to $500 for violation of provisions of the animal control
ordinance codified in Chapter 302 of The Code of Indian River County; and
WHEREAS, Chapter 302 of The Code of Indian River County allows the Board of
County Commissioners to, from time to time, establish certain fees, penalties, and
procedures related to enforcement of the animal control ordinance; and
WHEREAS, the Board of County Commissioners has determined that it is in the public
interest to have the owners of dangerous dogs bear the expense of administering
dangerous dogs requirements; and
WHEREAS, on the effective date of this Resolution, the fees, penalties, and
procedures established in Resolution No. 96-02 are hereby superseded by this
Resolution; and
WHEREAS, on the effective date of this Resolution, the civil penalties established in
Resolution No. 96-03 are hereby superseded by this Resolution; and
WHEREAS, on the effective date of this Resolution, the fees and costs for
administering dangerous dog requirements established in Resolution No. 97-60 are
hereby superseded by this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
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A. LICENSE AND IMPOUNDMENT FEES.
1. The license and impoundment fees, penalties, and procedures are revised as
follows:
a. LICENSE FEES
1. Female or male, dog or cat, initial or renewal license, not sterilized - $15.00 per
year.
2. Female or male, dog or cat, initial or renewal license, sterilized - $5.00 per
year.
3. One-half of the applicable license fee will be assessed for issuance of any
initial license issued for six months or less.
4. All renewals shall be at full price per category.
5. Additional late charge for licensing after date required by law - $5.00.
6. Fee for issuance of duplicate license tag - $3.00.
7. There is no fee required.for an animal license for the year in which the animal
is sterilized.
8. There is no license fee required for police dogs (sheriff and municipal police
departments) or service animals; however, such dogs are required to be
licensed.
9. All licensing fees are to be paid to the Department of Emergency Services,
Animal Control Division of Indian River County, Florida.
b. IMPOUNDMENT FEES
1. $10.00 per diem for all animals.
2. $20.00 per diem for bite quarantine.
c. MICROCHIP IMPLANT FEE: $30.00 per animal
d. REDEMPTION PENALTIES AND FEES IN ADDITION TO IMPOUNDMENT FEES:
1. First Offense Waived
2. Second Offense $ 60.00
3. Third Offense $120.00
4. Fourth Offense $240.00
5. Fifth and each succeeding Offense $300.00
6. In addition to the foregoing redemption penalties, the owner of each animal
redeemed shall pay a $20.00 processing fee payable to the Department of
Emergency Services, Animal Control Division of Indian River County, Florida
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e. PROCEDURES AND ADDITIONAL FEES.
1. 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, 2000 16th
Avenue, Vero Beach, FL 32960. Impoundment and redemption penalties shall be
paid during non -business hours at a location to be designated by the Animal Control
Director. In addition to all other fees and penalties, there is a collection fee of $10.00
that is to be paid to the Clerk of the Circuit Court.
2. 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 the time of redemption of the animal.
3. Rabies vaccination prepayment fee for redemption shall be $20.00 per animal.
4. Any civil penalties imposed by County Court for violation of the Code as established
by this Resolution.
5. All fees, penalties, charges, and expenses shall be paid prior to release of an
animal from an impoundment facility.
6. All prepaid fees will be forfeited at the end of ninety (90) days.
B. CIVIL PENALTIES.
1. The County does hereby adopt the following schedule of civil penalties to be
imposed for violations of specific sections of the animal control ordinance:
Section
Number
Description of Violation
First
Offense
Second
Offense
Third
Offense
Section 302.03
Failure to vaccinate
$100
$200
$300
Section 302.04
Failure to license animal or to
have license tag on animal
$100
$200
$300
Section 302.05
(A)(1)
Failure to keep animal under
restraint
$100
$200
$300
Section
302.05(4)
Failure to confine female dog or
cat in heat
$100
$200
$300
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Section
Number
Description of Violation
First
Offense
Second
Offense
Third
Offense
Section
302.05(A)(3)
Animal creating nuisance
$ 75
$150
$200
Section
302.05(5)
Failure to comply with dangerous
dog restrictions
$200
$300
$400
Section
302.05(6)
Failure to comply with potentially
dangerous dog restrictions
$100
$200
$300
Section
302.051(6)(1)
Failure to provide adequate care
to animal
$100
$200
$300
Section
302.051(C)(1)
Failure to notify owner, animal
control officer, or 911 system of
injury to animal
$ 25
$ 50
$ 75
Section
302.05(7)
Failure to prevent unprovoked
dog attack
$ 50
$100
$200
Section
302.051(C)(4)
Improper restraint of animal.in
unenclosed portion of motor
vehicle
$ 50
$100
$200
Section
302.051
Violation of other animal cruelty
provisions of Code section
302.051 (B) or (C)
$200
$300
$400
Section 302.12
Interference with animal control
authority
$200
$300
$400
C. DANGEROUS DOGS
1. Whenever a dog has been found to be a dangerous dog as defined in Chapter
302 of The Code, the following costs shall be paid by the owner:
a. Owner accepts the decision of the Animal Control Director that the dog is a
dangerous dog - $1,270.00.
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b. Owner appeals decision of Animal Control Director to Director Of Emergency
Services and the Director affirms the decision – Additional amount of $870.00.
c. Owner appeals decision of the Director Of Emergency Services to County Court
and the Court affirms the decision - Additional amount of $670.00.
d. The annual license, registration, and verification fee of $210.00 shall be payable
prior to release of the dog, and each year thereafter on or before the last day of the
anniversary month of the release of the animal.
e. The above fees are in addition to any medical care and costs for boarding the
animal while the dangerous dog proceedings are in process.
This Resolution was moved for adoption by Commissioner Davi s and
the motion was seconded by Commissioner Bowden , and, upon being put to a
vote, the vote was as follows:
Chairman Arthur R. Neuberger Aye
Vice -Chairman Gary C. Wheeler Aye
Commissioner Wesley S. Davis Aye
Commissioner Sandra L. Bowden &ye
Commissioner Thomas S. Lowther Aye
The Chairman thereupon declared this Resolution duly passed and adopted this 17th
day of January, 2006, with an effective date of February 1, 2006.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Attest: J. K. Barton, Clerk
By ' •--
-Deputy Clerk
Approved as to form and legal
su'' ici4o y:
a an E. Fell —7
Assistant County Attorney
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Arthur R. Ne •erger, Cg an