§ 4-20. Dogs permitted on certain beach area with limitations.

(a)

As used in this section, the following definitions are applicable:

Dog-friendly beaches means that portion of the Ocean Beach lying east of the Sea Dune Area, as each is defined in section 5-50 of this Code, running north to south from the northern boundary of the 4 ^th Street South right-of-way to the north end of Robert P. Murkshe Memorial Park.

Permitted time frames mean beginning at 6:00 a.m. and continuing until 10:00 a.m., and beginning at 4:00 p.m. and ending at 7:00 p.m. during the months of standard time, and 5:00 p.m. and ending at 9:00 p.m. during the months of daylight savings time.

Leashed means for a dog to have a harness, leash or tether, extended no more than ten (10) feet in length, securely fastened on or around the dog's body or neck that is held on the other end by a person who keeps the dog under control at all times.

Clean-up means to pick up, place in a bag, and place in an appropriate receptacle or carry off the beach any and all feces or vomit of the dog.

(b)

Notwithstanding the provisions of section 14-60 of the Brevard County Animal Control Ordinance adopted by section 4-11 of this Code, dogs shall be permitted on the dog-friendly beach during permitted time frames, so long as they are leashed and their handlers clean-up after the dog. Dogs shall not be permitted in the Sea Dune Area except in a manner compliant with both the preceding sentence and the provisions of section 5-60(a) of this Code ("Sea Dune Protection").

(c)

The city manager is authorized and empowered to alter the permitted timeframe when such action is necessary to protect the public health, safety and welfare, after due notice of this intention is provided to the city commission.

(d)

Enforcement and penalty.

(1)

A police officer of the Cocoa Beach Police Department, a beach ranger who has been designated a code enforcement officer, or a code enforcement officer as designated by the city manager or designee, shall enforce violations of section 14-60 of the Brevard County Animal Control Ordinance, as modified by this section (together, the "beach/dog regulations").

(2)

Depending on the severity of the violation, violations of the beach/dog regulations, may be prosecuted in the same manner as second-degree misdemeanors. Anyone convicted of violating the beach/dog regulations shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.

(3)

In lieu of making an arrest or issuing a notice to appear, a police officer, a beach ranger who has been designated as a code enforcement officer, or a code enforcement officer as designated by the city manager or designee, may issue a citation pursuant to chapter 30 of this Code for violation of the beach/dog regulations. The class of violation and associated civil penalty, (as defined in section 30-29 of this Code), for violations hereunder shall be set by resolution of the city. If a citation is issued and the citation is contested before the special magistrate, the special magistrate shall have the authority, but not the obligation, to offer the violator an alternative to the payment of the fine consisting of community service under conditions as set by the special magistrate. If the violator does not fulfill the requirements of beach clean-up duty in the time frame as set by the special magistrate, the civil penalty shall automatically be reinstated.

(4)

Any person who willfully refuses to sign and accept a citation issued by a police officer, a beach ranger who has been designated as a code enforcement officer, or a code enforcement officer as designated by the city manager or designee shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.

(5)

Any person in violation of the beach/dog regulations may be ordered to leave the Ocean Beach by a police officer, a beach ranger who has been designated as a code enforcement officer, or a code enforcement officer as designated by the city manager or designee.

(6)

Except as otherwise specifically set forth in this section, this section shall not preclude a police officer, a beach ranger who has been designated as a code enforcement officer, or a code enforcement officer as designated by the city manager or designee from issuing a Brevard County Animal Enforcement Civil Citation for any violation of the Brevard County Animal Control Ordinance as adopted by section 4-11 of this Code.

(Ord. No. 1620, § 2, 5-3-2018; Ord. No. 1631, § 2, 2-7-2019)