HomeMy WebLinkAboutOrdinance No. 19-1974MICROFILMED 3-14-30
ORDINANCE NO, 19 -74
AN ORDINANCE AMENDING ORDINANCE NO. 10 -70 AS
AMENDED, KNOWN AS THE ANIMAL CONTROL ACT, BY
PROVIDING FOR ADDITIONAL METHODS OF COMPLAINTS
FOR VIOLATION AND ENFORCEMENT FOR VIOLATION
OF SAID ORDINANCE; BY PROVIDING MINIMUM AND
MAXIMUM PENALTIES FOR THE VIOLATION OF SAID
ORDINANCE ;BY REPEALING ORDINANCE No. 14 -71 AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT THEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA AS FOLLOWS:
SECTION 1. Ordinance No. 10 -70 as amended, known as
The Animal Control Act, is hereby amended as follows:
(a) Section 4 -31, Complaints for Violation, is deleted in
its entirety, and the following section is substituted therefor:
"Section 4 -31 Complaints for Violation.
Upon receipt of an "Affidavit of Complaint, " signed by
one or more persons, made under oath by an individual authorized
by law to take acknowledgments, setting forth the nature of and the
date of the act, the owner of the animal, the address of the owner,
and a description of the animal doing such act, the impounding
officer or any law enforcement officer of the City of Cape Canaveral,
Florida shall investigate the complaint to determine whether the act
complained of violates this Ordinance. In the event the act complain-
ed of constitutes a violation of this Ordinance, the impounding officer
or the law enforcement officer shall enforce this Ordinance pursuant
to the provisions of Section 4 -32. " * "In the event sufficient facts
are not available to enable a complainant to prepare an affieavit
of complaint, then such affidavit of complaint shall be executed after
an investigation by law enforcement officer,if warranted."
(b) SEC.4 -32, Enforcement for Violation4 is deleted in
its entirety, and the following section is substituted thereor:
"Section 4 -32 Enforcement for Violation.
(a) The Impounding Officer shall impound:
(1)
Any animal found to be cruelly treated as defined
in Section 4 -17, or any animal suspected or
believed to be infected with rabies or any infectious
disease. Each animal so apprehended which is sus-
pected to have or exhibits symptoms of having rabies
or an infectious or contagious disease shall be
segregated from other animals so as to prevent said
animal from coming in contact with any animal.
(2) Any dog or cat not licensed as provided for in this
Ordinance.
(b) The Impounding Officer shall, in the event an animal is
deemed in violation of this Ordinance, or is owned, kept,
harbored or maintained in violation of this Ordinance:
*Amended on Second Reading 6 -18 -74
9
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(1)
MICROFILMED 3.14-30
Advise the Cape Canaveral Police Department of
the name and address of the person or persons in
violation of the Ordinance, the date or dates of the
offense, the offense or offenses committed, a des-
cription of the animal or animals involved, where-
upon a proper warrant shall be issued by said Police
Department.
(2) Impound such animal, if in the opinion of the Im-
pounding Officer or any law enforcement official of
the City of Cape Canaveral, Florida, it is in the
best interest of the public welfare that said animal
be impounded.
(c) Upon investigation of a complaint for violation provided
for in Section 4 -31 of this Act by a law enforcement officer
of the City of Cape Canaveral, if there appears to be a
violation of this Ordinance, then a proper warrant shall be
issued by the Police Department based on the affidavit of
complaint provided for in Section 4 -31. Nothing herein con-
tained shall prevent a law enforcement officer of the City of
Cape Canaveral from arresting any person or persons who
violate this Act in his presence, whether or not a complaint
for violation has been filed in accordance with Section 4-31."
(c) Section 4 -86, Penalties for Violation of Ordinance, is
deleted in its entirety, and the following substituted therefor:
"Section 4 -86 Penalties for Violation of Ordinance.
Any person violating or deemed in violation of any of the
provisions of this Ordinance, shall be guilty of a misdemean-
or and punished by a fine of notgkeigiAiAgs more
than $100.00, or by imprisonment for not more than 30 days,
or by both fine and imprisonment. Each day or fraction
thereof the violation continues shall be considered as a
separate offense."
(d) Section 4 -87, Alternative Penalties for Violation of
Ordinance is deleted in its entirety.
SECTION 2. Ordinance No. 14 -71 and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 18TH day of JUNE , 1974.
vedas- to form:
Gity Attorney
M
Yor Piro Tem
NAME
YES
NO
ASS
MACLAY
4
RHAME
GRAEFE
4
SALVAGG[O/
THURM
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FIRST READING:
POSTED:
ADVERTISED:
SECOND READING:
MAY 21, 1974
MAY 22, 1974
MAY 27, 1974
JUNE 18, 1974