HomeMy WebLinkAboutOrdinance_20-08_12/11/2008ORDINANCE NO. 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 1: 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.]
1
Sec. 10-2. Enforcement; penalty.
In accordance with articles I} II and III of this chapter and F.S. § 162.09, the special
magistrate of the village in charge of code enforcement is hereby granted jurisdiction for
enforcement of articles I, 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 per day for repeat violators. In addition to
enforcement by means of the code enforcement special magistrate, the Village may, at
its discretion, utilize any 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 I1. 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
2
required to wear a collar 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.
(d) Any owner of an impounded dog or cat who fails to pay the required administrative
fee within 48 hours of the release of the owner's dog 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
jurisdiction to enforce this article within the village corporate limits.
Secs.10-37--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.
3
[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 magistrate 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 any 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 cert~cate 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.
4
(2) Administrative fines. The code enforcement special magistrate shall have the
power to impose a fine in the maximum sum of $250.00 per day for a first violation or
$500.00 per day for a repeat violation, with each day the violation occurs constituting a
separate offense, on any person 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.
5
[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.
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.
6
Upon First Reading this 13 day of November 2008, the foregoing Ordinance was
offered by Council Member Humpage who moved its adoption. The motion was
seconded by Vice-Mayor Turnquest and upon being put to a vote, the vote was as
follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Tom Paterno
Council Member Jim Humpage
For Adoption Against Adoption
X
X
X
X
X
Upon Second Reading this 11 day of December 2008, the foregoing Ordinance was
offered by Council Member Humpage who moved its adoption. The motion was
seconded by Vice-Mayor Turnquest and upon being put to a vote, the vote was as
follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Tom Paterno
Council Member Jim Humpage
For Adoption Against Adoption
X
X
X
X
X
The Mayor thereupon declared the Ordinance duly passed and adopted this 11 day of
December, 2008.
MAYOR OF TEQUESTA
ATTEST:
,~~ ~ ~ ~u~
Pat Watkins
Lori McWilliams, cnnc AL ~-'-
' :D.
Village Cferk N~•,IIVC~RP~RgTED .
,,~fF OF FLO~\p~,`
JI11~.. rr I'!p!!!!\