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HomeMy WebLinkAboutOrdinance No. 11-1986MICROFILMED AUG 87 ORDINANCE NO. 11 -86 AN ORDINANCE AMENDING CHAPTER 701, "ANIMALS CONTROLLED ", OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST BREVARD COUNTY ANIMAL CONTROL REGULATIONS; DESIGNATING ALL PUBLIC PARKS AND BEACHES AS AREAS IN WHICH ANIMALS ARE PROHIBITED; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, has previously adopted the Brevard County Animal Control Ordinance; and WHEREAS, Brevard County has recently amended its animal control ordinance; and WHEREAS, the City of Cape Canaveral wishes to insure uniformity in its animal control regulations; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 701 of the Code of Ordinances of the City of Cape Canaveral is hereby repealed in its entirety and replaced with the following: CHAPTER 701 ANIMALS CONTROLLED Sec. 701.01 Animal Control Ordinance Adopted. The Brevard County Animal Control Ordinance, as amended, is hereby adopted by reference as though it was copied herein fully. Sec. 701.03 Animal Control Officer. Wherever the term "Animal Control Officer" is used in the Brevard County Ordinance, it shall be construed to mean the person or persons appointed by, contracted with or employed by the Brevard County Board of County Commissioners or by the City of Cape Canaveral, Florida, to carry out the duties and enforcement of this Chapter. Sec. 701.05 Animals Prohibited in Parks and on Beaches. No animal shall be allowed in any public park or on any beach in the City of Cape Canaveral, 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 identified and posted. Any animal found in a park or on a beach not designated for such shall be deemed a violation of this Chapter, 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 of Cape Canaveral. Such citation shall result in a fine of thirty -five dollars ($35.00). Failure to either pay ORDINANCE NO. 11 -86 PAGE 1 OF 2 MICROFILMED AUG 87 the fine or establish a public hearing date within ten (10) days of issuance of the citation shall result in the citation being transferred to the State Attorney's Office and shall be considered to be punished as provided for in Sec. 801.01. 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. Sec. 701.07 Penalty. Any person convicted of a violation of this Chapter shall be punished as provided in Sec. 801.01. SECTION 2. The provisions of this Ordinance shall be deemed to be separate and independent of all other provisions contained herein and if any provisions of this Ordinance are declared invalid or void for any reason, the invalidity thereof shall not affect the remaining provisions of this Ordinance. SECTION 3. All portions of the Code in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of April 41111::) Mayor 1986. First Reading April 1, 1986 Posted: April 2, 1986 Advertised: April 5, 1986 Second Reading; April 15, 1986 NAME 4 YES NO FISCHETTI X LEE X ■ MARCHETTI NICHOLAS ORDINANCE NO. 11 -86 PAGE 2 OF 2