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)
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