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HomeMy WebLinkAboutcocc_ordinance_no_02-2025_20250617ORDINANCE NO. 02-2025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 14, ANIMALS, ARTICLE I, IN GENERAL, AND ARTICLE 11, COUNTY ANIMAL CONTROL ORDINANCE, OF THE CITY CODE RELATED TO FINES AND PENALTIES FOR ANIMAL CONTROL CODE VIOLATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 14, Animals, Article 11, County Animal Control Ordinance, Section 14- 26, adopts by reference the Brevard County Code of Ordinance's animal control ordinance as though said ordinance was fully incorporated into the City Code; and WHEREAS, the City desires to amend Chapter 14, Animals, Section 14-26, County Animal Control Ordinance, to explicitly provide that the violation fee schedule provided in Section 14-79 of the Brevard County Code of Ordinances is also adopted and incorporated into the City Code, so that the penalties provided in the Brevard County animal control ordinance shall apply where appropriate; and WHEREAS, the City Council desires to further amend certain sections of Chapter 14, Animals, to effectuate the adoption of the Brevard County animal control ordinance's violation fee schedule; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amending Chapter 14, Animals. The City of Cape Canaveral Code of Ordinances Chapter 14, Animals, is hereby amended as set forth below (underlined type indicates additions City of Cape Canaveral Ordinance No. 02-2025 Page1of4 and strikeout type indicates deletions while asterisks(***) indicate deletions from this Ordinance of said Chapter, Article, and Division that shall remain unchanged in the City Code): Chapter 14-ANIMALS ARTICLE I. -IN GENERAL Sec. 14-1. -Penalty. Any person convicted of a violation of this chapter shall be punished as provided in section Persons convicted of a violation of the Brevard County animal control ordinance. as inco rp orated by Section 14-26 herein . or persons convicted of a violation of this Cha pter for actions which also constitute a violation of the Brevard County animal control ordinance . shall be penalized in accordance with the Brevard County animal control ordinance violation fee schedule. An y person convicted of a violation of this Cha pter for actions which do not also constitute a violation of the Brevard County animal control ordinance shall be penalized as provided in Section 1-15 of this Code. * * * Sec. 14-26. -Adopted. The Brevard County county Jnimal control ordinance, as amended, is adopted by reference as though it was copied in this article fully. The violation fee schedule p rovided in Section 14-79 of the Brevard Count y animal control ordinance , as ma y be amended from time to time, is ado pted by reference as thou g h it was co pied in this article full y. Violations of the Brevard County animal control ordinance or of this Cha pter for which a penalty is provided in the County violation fee schedule shall be penalized as p rovided therein . *** Sec. 14-28. -Animals prohibited in parks and on beaches. (a) No animal shall be allowed in any public park or on any beach in the city, unless a specific park or beach area is designated as an area where animals shall be permitted. Such designation shall be by resolution adopted by the city council. Parks and beach areas so designated shall be properly ident ified and posted. City of Cape Canaveral Ordinance No. 02-2025 Page 2 of4 (b) Any animal found in a park or on a beach not designated for such shall be deemed in violation of this article, and the owner thereof shall be punished by issuance of a citation by the animal control officer or a law enforcement officer with jurisdiction in the city. Such citation shall result in a fine of $35.00. Failure to pay the fine within ten days of issuance of the citation shall result in the citation being transferred to the state attorney's office and shall be considered for punishment as provided in section 1 15. (c) Dogs trained to assist or aid disabled or handicapped persons, when such dogs are actually being used to assist or aid such persons, shall not be prohibited from any park or beach. * * * Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This . Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City Charter. [Signature page to follow] City of Cape Canaveral Ordinance No. 02-2025 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of June 2025. < Esther Coulson, MMe City Clerk First Reading: Advertisement: Second Reading: Ma y 20 , 2025 Ma y 28 2025 June 17, 2025 Mickie Kellum Kim Davis Kay Jackson Don Willis Wes Morrison Approved as to legal form and sufficiency for the · y f Cape Canaveral only: Anthony A. Garganese City Attorney City of Cape Canaveral Ordinance No. 02-2025 Page 4 of 4 For I I I I ,{ /1/4 fitµ~:. vre; Morrison Mayor Against Brevard County Sec. 14-79. Violation fee schedule. Civil Penalties for Civil Infractions Includes Applicable Civil Penalty+ $10.00 Court Cost + $5.00 Officer Training Surcharge Offenses Code Description of 1st 2nd 3rd 4th Section Violation 14-43 Resisting, $300 .00 $400.00 $500.00 $500 .00 interfering with officer 14-44(b) Unlawful or $65.00 $115.00 $215.00 $415.00 unauthorized removal of animal from shelter 14-46 Removal of animal $65.00 $115.00 $215 .00 $415.00 from custody of animal control authority 14-48 Violation of $215.00 $315.00 $415.00 $500.00 quarantine (F.A.C. ch. 64D-3) 14-48.5 Violation of $250.00 $250.00 $250.00 $250.00 aggressive dog restrictions 14-49 Violation of $500.00 $500 .00 $500 .00 $500.00 dangerous dog restrict ions 14-50 Attack, bite or injury $500.00 $500.00 $500 .00 $500.00 by dangerous dog; attack causing severe injury 14-51 Failure to surrender $300.00 $300.00 $300.00 $300.00 animal or carcass 14-52(g) Failure to submit $100.00 $250.00 $500.00 Mandatory court rabies certificate to appearance animal control $500 .00 authority 14-52(1) Failure to vaccinate $120.00 $215.00 $315 .00 $415 .00 dog, cat, or ferret 14-Failure to obtain $120.00 $215.00 $315.00 $415.00 52(m) rabies certificate or animal registration tag 14-52(n) Dog or cat without $40.00 $65.00 $65.00 $65.00 or (o) attached animal registration tag or with expired tag Cr eat ed: 2025-03-13 11 :54:36 [EST ] (Supp. No. 132) Page 1 of 2 14-52(p) Animal registration $120.00 $215.00 $315.00 $415.00 tag or rabies certification used for animal other than that for which it was issued 14-53 Cruel or inhumane $200.00 $300.00 $400.00 $500.00 treatment 14-55 Failure to properly $55.00 $165.00 $265.00 $415.00 secure animal 14-56 Animal at large $55.00 $165.00 $265.00 $415.00 14-57 Creation of a $100.00 $200.00 $300.00 $400.00 nuisance 14-58 Animal causing $100.00 $200.00 $300.00 $400.00 property damage 14-58 Animal causing $220.00 $315.00 $415.00 $465.00 injury 14-59 Animal $SO.OD $65.00 $65.00 $65.00 defecating/urinating on property 14-60(b) Animal on public $55.00 $65.00 $65.00 $65.00 park or beach 14-62 Failure to confine or $100.00 $200 .00 $300.00 $400.00 restrain animal in pickup truck 14-63 Failure to confine $200.00 $300.00 $400.00 $500.00 female dog or cat in heat 14-65 Animal $500.00 Mandatory court Mandatory court Mandatory court abandonment appearance appearance . appearance $500.00 $500.00 $500.00 14-66 Failure to comply $75.00 $125.00 $250.00 $500.00 with mandatory neutering 14-67 Violation of $500.00 Mandatory court Mandatory court Mandatory court restraint by appearance appearance appearance tethering $500.00 $500.00 $500.00 14-68 Dog or other animal $500.00 $500.00 $500.00 $500.00 fighting 14-69 Failure to guard $500.00 $500.00 $500.00 $500.00 against poisoning domestic animal 14-72(b) Failure to comply $100.00 $250.00 $500.00 Mandatory court with Community Cat appearance requirements $500.00 (Ord. No. 2014-27, § 1, 9-16-14; Ord. No. 2018-02, § 1, 1-23-18) Created: 2025-03-13 11:54:36 [EST] (Supp. No. 132) Page 2 of 2