HomeMy WebLinkAboutDocumentation_Regular_Tab 20_11/13/2008~~
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
November 13, 2008 Meeting Type: Regular Ordinance #: 20-08
Consent Agenda: No Resolution #: N/A
Originating Department: Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Amendment of the Code of Ordinances of the Village of Tequesta Chapter 10 -Animals; Article I, I I, and II
3. BUDGET /FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available:
N/A Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
A request to amend Chapter 10. Animals. of the Code of Ordinances of the Village of Tequesta; Articles
I, 11, and III by amending sections 10-2, 10-31, 10-35 and 10-63 and by creating an entirely new section
10-36, to revise and clarify that enforcement of this chapter may be conducted through code
enforcement special magistrate as well as other lawful means.
5. APPROVALS:
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Dept. Head: ~'(/ . T ~Y Finance Director: ~~,rL~t,.&) ~4 ~w>.v~~wf ~~_~;,`c~~~~~,
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Attorney: (for legal sufficiency) F-u ~ ~h/is~ ~~:~ Yes ^ No ^
Village Manager: ~1r~ ~~`
• SUBMIT FOR COUNCIL DISCUSSION: [~
• APPROVE ITEM: L`1
• DENY ITEM: ^
~~QUESrq , TEQUESTA POLICE DEPARTMENT •~ ~ ~
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poucE MEMORANDUM ~t "
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To: Michael R. Couzzo, Jr.
Village Manager
From: Chief William McCollor~~
Date: November 4, 2008
Subject: ORDINANCE #20-OS
I would like to request that the Village of Tequesta Code of Ordinance; Chapter 10
-Animals, Article I, II, and III be amended to clarify the language of the Ordinance
and provide a more reasonable and convenient method to enforce the control of
loose animals.
Currently the ordinance requires that a resident pay a fee established by the
Council for the capture, feeding and care of such animal. However, the Ordinance
requires that the resident receive a notice of hearing and would be required to
appear at the Special Magistrate hearing before s/he could pay the administrative
fee. In order to reduce the resident's burden, I would like to request that the
Ordinance is changed giving the resident the ability to pay the fee without a
required appearance before the Magistrate.
The change would not infringe on the resident's right to appear if they were to
choose to appear. The procedure would be equivalent to a parking citation. The
resident could remit the fee through a pre-printed envelope; however, if the
resident would prefer a hearing, they would simply notify the Code Enforcement
Officer and their case would be placed on the next Code Enforcement Agenda.
I appreciate your consideration in placing my request on the Agenda of the
November 13, 2008 meeting. I have attached the required documentation to be
forwarded to the Clerk.
ORDINANCE N0.20-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 10. ANIMALS. AT
ARTICLES I, II AND III. BY AMENDING SECTIONS 10-2, 10-31, 10-35
AND 10-63 AND BY CREATING AN ENTIRELY NEW SECTION 10-36;
ALL TO REVISE AND UPDATE THE ENFORCEMENT PROVISIONS
OF THIS CHAPTER AND CLARIFY THAT ENFORCEMENT MAY BE
CONDUCTED THROUGH THE CODE ENFORCEMENT SPECIAL
MAGISTRATE AS WELL AS ANY OTHER LAWFUL MEANS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-
SECTION OF CHAPTER 10. ANIMALS. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY
TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, it has come to the attention of the Village Council that the Village Animal
code requires revision regarding the means of enforcement, especially with regard to the required
payment of impoundment administrative fees; and
WHEREAS, the Village Council desires to adopt such revisions to the Village's Animal
code; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the Citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section l: Chapter 10. Animals. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article I, II and III by amending sections 10-2, 10-31, 10-35 and
10-63 and by creating an entirely new section 10-36, to revise and clarify that enforcement of
this chapter may be conducted through the code enforcement special magistrate as well as any
other lawful means; providing that Articles I, II and III of Chapter 10. Animals. shall hereafter
read as follows:
ARTICLE I. IN GENERAL
Sec. 10-1. Definitions.
[This section shall remain in full force and effect as previously enacted.]
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Sec. 10-2. Enforcement; penalty.
In accordance with articles I~ II and III of this chapter and F.S. § 162.09, the special n}a~te~
magistrate of the village in charge of code enforcement is hereby granted jurisdiction for
enforcement of articles I~ a~ II and III of this chapter and shall have the power to impose a fine
in the maximum sum of $250.00 per day, with each day the violation occurs constituting a
separate offense, on any person who violates the provisions of this chapter and a maximum fine
of $500 00 her day for reheat violators. In addition to enforcement by means of the code
enforcement special magistrate. the Village mav. at its discretion. utilize anv other lawful means
to enforce articles I. II and III of this chapter.
Sec. 10-3. Village declared bird sanctuary.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-4. Keeping of animals generally.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-5. Maximum number of household pets.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-6. Deposit of excreta on public property or property of another.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-7. Abandonment.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-8. Animals creating nuisance.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-9. Animals with contagious diseases.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-10. Raising or boarding animals or fowl.
[This section shall remain in full force and effect as previously enacted.]
Secs. 10-11 - 10-30. Reserved.
ARTICLE II. DOGS AND CATS
Sec. 10-31. Registration; inoculation.
(a) Every person who is the owner, keeper or harborer of any dog or cat over the age of four
months within the village shall secure a tag or license for each dog or cat from the county animal
control.
(b) Dogs shall at all times wear a tag denoting currently effective registration and inoculation
data issued by the county animal control department. Cats shall not be required to wear a collar
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or tag, but shall be required to be registered and inoculated pursuant to the provisions of this
article.
Sec. 10-32. Wearing of collar and tag.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-33. Unauthorized removal of collar or tag.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-34. Dogs running at large.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-35. Impoundment.
(a) Whenever a dog or cat is within the village in violation of the provisions of this article, any
police officer or authorized agent of the village may take charge of such dog or cat and impound
it and turn it over to the county animal control department, the North County Humane Society or
the Animal Rescue League of Palm Beach County, within 24 hours.
(b) Any police officer of the village who impounds or otherwise acquires possession of a dog or
cat which has a license tag affixed shall make every effort to notify the owner as soon as is
reasonably possible.
(c) At any time prior to an impounded dog or cat being released to the county animal control
department, the Animal Rescue League of Palm Beach County or the North County Humane
Society, the owner of such dog or cat may apply for its release and such release shall be granted,
provided the owner shall pay to the village a an administrative fee as set by resolution of the
village council and on file in the village clerk's office, which shall compensate the village for all
expenses incurred in the capture, feeding and care of such dog or cat during the period of its
retention by the village or under its authority.
(dl Anv owner of an impounded doa or cat who fails to pav the reauired administrative fee
within 48 hours of the release of the owner's doa or cat shall be guilty of a violation of this
section.
Sec. 10-36. Enforcement.
Consistent with law and this article the code enforcement special magistrate shall have
iurisdiction ~ enforce this article within the village cornorate limits
Secs. 10-36 37--10-60. Reserved.
ARTICLE III. SEA TURTLE PROTECTION
Sec. 10-61. Purpose.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-62. Definitions.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-63. Enforcement; penalties; additional remedies.
(a) Enforcement.
(1) The village council, by and through the department of community development or other
applicable municipal departments, shall adopt procedures for enforcing and administering this
article and to employ those persons necessary for such administration and enforcement.
(2) Consistent with law and this article, the code enforcement special nester maeistrate shall
have jurisdiction to enforce this article within the village corporate limits.
(3) When necessary, the department of community development may seek assistance from the
village to assist in enforcement.
(4) It shall be the duty and responsibility of all appropriate law enforcement officers to enforce
the provisions of this article.
(5) No building permit or certificate of occupancy shall be granted by the department of
community development, except in compliance with the provisions of this article or court
decision.
(b) Penalties. For any and every violation of the provisions of this article, and for each and
every day that such violation continues, such violation shall be punishable in accordance with
section 10-2. 1-14 or by anv other lawful means. Persons charged with such violation may
include:
(1) The owner, agent, lessee, tenant, contractor, or any other person using the land, building, or
premises where such violation has been committed or shall exist;
(2) Any person who knowingly commits, takes part or assists in such violation; or
(3) Any person who maintains any land, building, or premises in which such violation shall
exist.
(c) Other legal remedies. In addition to the criminal penalties and enforcement procedures
provided in subsection (b) of this section, the village council may institute a lawful civil action or
proceeding to prevent, restrain or abate any violations of this article.
(d) Other administrative remedies.
(1) Building permits and certificates of occupancy.
a. Issuance. No building permit or certificate of occupancy shall be issued by the department of
community development for any purpose except in compliance with this article.
b. Revocation. The department of community development may revoke a building permit or
certificate of occupancy in those cases where an administrative determination has been duly
made that false statements or misrepresentations existed as to material facts in the application or
plans upon which the permit or approval was based.
c. Suspension. The department of community development may suspend a building permit or
certificate of occupancy where an administrative determination has been duly made that an error
or omission on either the part of the permit applicant or government agency existed in the
issuance of the permit or certificate approval.
A valid permit or certificate shall be issued in place of the incorrect permit or certificate after
correction of the error or omission. All department of community development decisions
concerning the issuance, revocation, or suspension of building permits and certificates of
occupancy shall be stated in official written notice to the permit applicant.
(2) Administrative fines. The code enforcement special nester magistrate, u~~r ^~*~~~~*~~~ ~~~
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1=e~== _" °'-=~'-'- ""t'Ue "° °"""~' ~ ~+'' a shall have the Hower to impose a fine in
the maximum sum of $250 00 Her day for a first violation or $500 00 Her day for a re_ neat
violation. with each day the violation occurs constituting a separate offense on anv Berson who
violates the provisions of this article
Sec. 10-64. Conflicting regulations.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-65. Administration and intergovernmental coordination.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-66. Prohibited activities during nesting season.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-67. Sea turtle protection plan required.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-68. Contents of sea turtle protection plan.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-69. General standards for coastal construction.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-70. Standards for site development.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-71. Standards for new beachfront lighting.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-72. Standards for existing beachfront lighting.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-73. Standards for new beach access points.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-74. Standards for existing beach access points.
[This section shall remain in full force and effect as previously enacted.]
Sec. 10-75. Standards for mechanical beach cleaning.
[This section shall remain in full force and effect as previously enacted.]
Section 2: Each and every other section and subsection of Chapter 10. Animals. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
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Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
FIRST READING this 13th day of November, 2008.
SECOND AND FINAL READING this 1 lth day of December, 2008.
Upon First Reading this 13th day of November, 2008, the foregoing Ordinance was offered by
by
follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Jim Humpage
Council Member Tom Paterno
who moved its adoption. The motion was seconded
and upon being put to a vote, the vote was as
For Adoption Against Adoption
Upon Second Reading this 1 lth day of December, 2008, the foregoing Ordinance was offered by
,who moved its adoption. The motion was seconded
by
follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Jim Humpage
Council Member Tom Paterno
and upon being put to a vote, the vote was as
For Adoption
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Against Adoption
The Mayor thereupon declared the Ordinance duly passed and adopted this 11th day of
December, 2008.
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, CMC, Village Clerk
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