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4/14/97(ord\emend 302 fees)ow
ORDINANCE 97- 19
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.qday of J u n e ,1997.
This ordinance was advertised in the Vero Beach Press-Journal on the
1.9 day of --May_, 1997, for a public hearing to be held on the--L 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:
Chairman Carolyn K. Eggert Aye
Vice Chairman John W. Tippin Aye
Commissioner Caroline Ginn Aye
Commissioner Kenneth R. Macht Aye
Commissioner Fran B. Adams Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this_3 day of June , 1997.
BOARD OF COUNTY COMMISSION
Attest: INDIAN RIVER COUNTY, FLORIDA
B
` Y
J— J- , i J"'-
J y K. Barton, erk Carolyn K. gert, Chai
A.C.,
E ective date: This din anre became effective upon filing with the
Department of State which took place on day of 1997.
Indian River Cn Approved Dole
Admin. 9�
Legal v '/7-y7
Budget
Dept.
Risk Mgr.
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