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HomeMy WebLinkAboutDocumentation_Regular_Tab 9A_12/14/1995 s, Memorandum A To: Village Council From: Thomas G. Bradford, Village Manager Date: November 16, 1995 Subject: Animals and Fowl Ordinance • Attached hereto, please find a draft copy of the above referenced for your review and consideration. This is the Ordinance that was felt necessary to have on the books in response to the recent code enforcement problems that have been encountered in the Chapel Court subdivision. All sections of the attached Ordinance are currently on the books except for the following sections: • Section 4-1 . Definitions • Section 4-3 . Keeping Certain Animals Prohibited; Exceptions . • Section 4-4. Number of Domesticated Household Pets Permitted on Premises . • Section 4-6. Abandoning. • Section 4-7 . Animals Creating Nuisances. • Section 4-8. Animals with Contagious Diseases. • Section 4-9 . Raising or Boarding of Animals or Fowl . • Section 4-10 . Registration; Innoculation. Currently, only dogs are required to be innoculated. This amendment will now include cats and provide for a fine if the owner fails to secure the tag or license for the animal. • Section 4-11 . Collar and Tag - Required. These provisions will now apply to dogs and cats. • Section 4-12 . Same - Unauthorized removal. This disallows people other than the owner to remove the collar or tag. • Section 4-15 . Penalty. This Section of the Ordinance will probably have to be deleted or amended, depending upon if and when the Special Master Ordinance of the Village is adopted. I intend to place this Ordinance on the agenda for your December 14, 1995, Village Council Meeting. Therefore, should you have any questions or concerns regarding the draft, please contact me • at your convenience. TGB/krb c: John C. Randolph, Village Attorney, w/attachment Tracey Biagotti, Esq. , w/attacment Richard Davis, Code Enforcement Officer, w/attachment J � ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES RELATING TO ANIMALS AND FOWL, AT ARTICLE I, AMENDING THE DEFINITION SECTION; PROHIBITING THE KEEPING OF CERTAIN ANIMALS WITHIN THE VILLAGE; RESTRICTING THE NUMBER OF DOMESTICATED HOUSEHOLD PETS PERMITTED ON PREMISES; PROHIBITING THE ABANDONMENT OF ANY ANIMAL. WITHIN THE VILLAGE; SETTING FORTH THE ACTS OF ANIMALS CREATING NUISANCES; REGULATING ANIMALS WITH CONTAGIOUS DISEASES; PROHIBITING THE RAISING OR BOARDING OF ANIMALS OR FOWL; AMENDING ARTICLE II OF CHAPTER 4 OF THE CODE OF ORDINANCES BY AMENDING THE TITLE; PROVIDING FOR THE REGISTRATION AND INOCULATION OF DOGS AND CATS; REQUIRING COLLARS AND TAGS; PROHIBITING THE UNAUTHORIZED REMOVAL OF COLLARS AND TAGS; PROHIBITING THE RUNNING AT LARGE OF DOGS; PROVIDING FOR THE IMPOUNDING OF DOGS OR CATS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE Village OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Chapter 4 of the Code of Ordinances of the Village of Tequesta relating to Animals and Fowl is hereby amended at Article I, to read as follows: "ARTICLE I. IN GENERAL 800. 4-1. Definitions. As used in this chapter, unless the context otherwise indicates: Animal shall mean every living dumb creature both domestic and wild. At large shall mean off the premises of the owner, unless accompanied by an attendant who shall have such cat or dog firmly held by a collar and leash, which leash is not to exceed eight (8) feet in length. Domesticated household pets or domesticated animals shall include dogs, cats, parrots, parakeets, canaries, rabbits, guinea pigs, hamsters, fish, turtles and other animals that can be legally sold in a licensed pet shop in Florida. Livestock shall include all animals of the equine, bovine or swine class and including goats, sheep, mules, horses, hogs or cattle and domesticated poultry. Owner includes any person, firm, partnership, trustee, association or corporation owning, keeping, harboring or otherwise maintaining an animal. In any prosecution under this chapter where it shall be found that a cat or dog is in the custody or under control of a minor, it shall be presumed that the owner of such cat or dog is the parent or legal guardian of such minor. See. 4-2. Declaration of Village as a bird sanctuary; violation; penalty. (a) It is hereby declared that all territory embraced within the corporate limits of the Village shall be a bird sanctuary. (b) It shall be unlawful for any person within the Village to shoot, trap or in any manner kill, would or maim any bird of any kind, or at any time to throw at any birds of any kind any missile with slingshots or any other weapon, or to disturb their eggs or their young or their nests. Sec. 4-3. Keeping certain animals prohibited; exceptions. (a) No person shall keep, possess or maintain any live animal, including live stock or fowl, within the Village, except as follows: Dogs, cats, parrots, parakeets, canaries, rabbits, guinea pigs, hamster, gerbils, turtles and other animals that can be legally sold in a licensed pet shop in Florida may be kept, possessed and maintained as household pets within the Village so long as they are kept, possessed and maintained in compliance with the provision of this chapter; and provided, further, that these household pets do not constitute a nuisance to neighbors because of excessive noise or odors. Proper sanitary measures shall be observed and followed at all times in connection with the keeping, maintaining or possessing of such pets. 2 Sec. 4-4. Number of domesticated household pets permitted on premises. No person shall keep, maintain, possess or harbor any of such domesticated household pets or domesticated animal upon his premises grater than a total of six (6) in number as same shall constitute prima facie evidence of creating and maintaining a nuisance and a violation of this chapter. The limitation established herein shall not apply to dogs or cats under eight (8) months of age or to fish. Sec. 4-5. Depositing of offal or excreta; allowing or abetting prohibited; removal required; penalty. (a) It shall be unlawful for any person to aid, abet, assist or allow any animal under their care, custody or control, or subject to their command , to deposit or place on any of the public or private sidewalks, parkways or walkways or parts of streets, or public parks or ways on the ocean front devoted to the use of the public, or upon [premises owned by any person, firm or corporation other than the owner or custodian of such animal] any offal or excreta of such animal. . (b) The owner or custodian of any animal is hereby required to remove and dispose of in a sanitary manner, the offal or excreta of any such animal deposited or placed in violation of this section. Removal of any such offal or excreta in a sealed container shall constitute prima facie compliance with this section. Sec. 4-6. Abandoning. No person shall desert or abandon any dog or other animal within the Village. Sec. 4-7. Animals creating nuisances. (a) The owner of any animal which habitually barks, whines, howls or causes other objectional noise, or which destroys or damages any property of another person or which causes serious annoyance to a neighboring residence and interferes with the reasonable use and enjoyment of his property, or which is otherwise offensive so as to create a nuisance shall be deemed to be committing an act in violation of this section. (b) Upon receipt of one (1) "affidavit of complaint, " signed by one (1) resident of the Village, made under 3 oath before an individual authorized by law to take acknowledgments, setting forth the nature 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 public safety officer, animal control officer or his agent shall investigate the complaint to determine whether the act complained of violates this section. Soo. 4-8. Animals with contagious diseases. (a) No. person owning any dog or cat, knowing it to be afflicted with any contagious disease or in an unhealthy condition, shall permit such dog or cat to be out in public within the Village limits. (b) If a police officer suspects that a dog or cat while running at large is not in a healthy condition or that it is suffering from any contagious disease, such officer shall temporarily impound such dog or cat, contact the appropriate county agency and turn the animal over to them. Seo. 4-9. Raising or boarding of animals or fowl. The raising or boarding of animals or fowl is prohibited except where boarding is incidental to the . operation of veterinarian's offices. section 2. Chapter 4 of the Code of Ordinances of the Village of Tequesta relating to Animals and Fowl is hereby amended at Article II, to read as follows: "ARTICLE II. DOGS AND CATS Sea. 4-10. Registration; inoculation. (a) Every person who is the owner, keeper or harborer of any dog or cat over the age of four (4) months within the Village shall secure a tag or license for each dog or cat from the county animal control. (b) Dogs and cats shall at all times wear a tag denoting currently effective registration and inoculation data issued by the county animal control department. (c) Failure to have a dog or cat properly licensed shall result in an automatic fine of at least fifty dollars ($50.00) for each the first offense and one hundred dollars ($100.00) for each subsequent offense. 4 Soo. 4-i1. Collar and tag - Required. Every owner shall provide each dog and cat more than four (4) months of age kept, harbored or otherwise maintained by him in the Village with a sturdy collar to which the license tag referred to in Section 4-12 of this Code shall be securely fastened and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog or cat except as provided for in Section 1, Chapter 69-1432, Laws of Florida. Sec. 4-12. Same - Unauthorised removal. No person, other than the owner or keeper, shall remove or cause to be removed the collar or tag required by Section 4-11 of this Code from any dog or cat within the Village. Sec. 4-13. Running at large prohibited. No dog shall run at large within the Village or upon the property other than that of its owner unless the dog is running on property other than that of its owner with the express or implied consent of the owner of the property, and persons allowing the same shall be guilty of a misdemeanor. See. 4-14. Impounding. (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 or the Animal Rescue League of Palm Beach County, within twenty-four (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 or the Animal Rescue League of Palm Beach County, 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 fee of twenty-five dollars ($25.00) which shall compensate the Village for all expenses incurred in the capture, feeding and care of such dog or cat during 5 the period of its retention by the Village or under its authority. Sec. 4-15. Penalty. In accordance with Sections 4-1 through 4-15, of this Code of Ordinances and F.S. Section 162.09, the Special Master of the Village in charge of code enforcement is hereby granted jurisdiction for enforcement 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 or corporation who violates the provisions of this chapter. " Section 3 . Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION 6 The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1995. MAYOR OF TEQUESTA, Ron T. Mackail ATTEST: Village Clerk JCR\13153ORD\ANIMAL.FOW 7