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HomeMy WebLinkAboutDocumentation_Regular_Tab 17_01/10/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 6-13 1/10/13 Consent Agenda: No Resolution #: Originating Department: Village Attorney � �• •• • • - C -• • -�� Ordinance 06-13, First Readinq, requiring dogs to at all times "be under control" of their handler while at large, updating license and vaccination requirements in accordance with state law, encouraging resident participation in the county's feral cat control program on a voluntary basis, and generally updating certain references in this chapter to current facilities � . . Account #: Am�unt of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: -_ Appropriate Fund Balance �,N�n =�, ,� .-����� � ' • � •' • �- � • • •- Ordinance 06-13, First Readinq, requiring dogs to at all times "be under control" of their handler while at large, updating license and vaccination requirements in accordance with state law, encouraging resident participation in the county's feral cat control program on a voluntary basis, and generally updating certain references in this chapter to current facilities . - � . . Department Head - ,� � � Finance Director Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: Approve Item: ❑ Deny Item: � � • • - • • - _• -- - • -. •- - • •- - •- • •• - • • -• _ • • _ - • - - - • - Form Amended: 7/12/12 ORDINANCE NO. 06-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 10. ANIMALS, BY PROVIDING A DEFINITION FOR THE TERM "FERAL CAT", ENCOURAGING VOLUNTARY PARTICIPATION IN THE PALM BEACH COUNTY "TRAP, NEUTER AND RELEASE" PROGRAM, AND PROHIBITING THE FEEDING OF FERAL CATS; FURTHER REVISING THE CODE REGARDING NUMBER OF HOUSEHOLD PETS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION 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. WI�REAS, the Village Council of the Village o� Tequesta. desires to amend the Village Code of Ordinances at Chapter 10. Animals by providing a definition for the term "feral cat", encouraging voluntary participation in the Pa1m Beach Cou.nty "trap, neuter and release" program, and prohibiting the feeding of feral cats; further revising the code regarding number of household pets; and WHEREAS, the Village Council of the Village of Tequesta. believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its animals code as statea herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQLJESTA, FLORIDA, THAT: Section 1: Chapter 10. Animals. of the Code of Ordinances of the Village of Tequesta is hereby amended by providing a definition for the term "feral cat", encouraging voluntary participation in the Palm Bea.ch County "trap, neuter and release" prograrn, and prohibiting the feeding of feral cats; further revising the code regarding number of household pets; providing that Cha.pter 10. Animals. shall hereafter read as follows: ATRICLE I. — IN GENERAL Sec. 10-1. - Definitions. Sec. 10-2. - Enforcement; e�ty. Sec. 10-3. - Village declared bird sanctuarv. Sec. 10-4. - Keepin� of animals eg nerally. Sec. 10-5. - Maximuxn number of household pets. Sec. 10-6. - Deposit of excreta on public properly or pronertyof another. Sec. 10-7. - Abandonment. Sec. 10-8. - Animals creating nuisance. Sec. 10-9. - Animals with contagious diseases. Sec. 10-10. - Raisin� or boarding animals or fowl. Secs. 10-11-10-30. - Reserved. Sec.10-1. - Defmitions. The following words, terms and phrases, when used in this cha.pter, sha11 have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal means every living dumb creature, both domestic and wild. At large means ofF the premises of the owner, unless accompanied by an attendant, who sha11 at all times mainta.in control over �e such cat or dog �i� bY means of a collar and leash, which leash sh�ll at no time �s-�e��e exceed eight feet in length. Domesticated household pet and domesticated animal includes 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 the state, excluding animals which are included as exotic or wild animals and/or which would require a permit from the sta.te allowing such animals to be sold or possessed. Feral cat means anv cat with no apnarent owner or identification that is at�t�a.rentiv wild untamed. unsocialized. unmana�eable or unable to be annroached or handle . Livestock includes ali animals of the equine, bovine or swine class and includes goats, sheep, mules, horses, hogs or cattle and domesticated poultry. Owner includes any person owning, keeping, harboring or otherwise maintaining an animal. In any prosecution under this cha.pter where it shall be found that a cat or dog is in the custody or under control of a minor, it sha11 be presumed that the owner of such cat or dog is the parent or legal guardian of such minor. Sec.10-2. - Enforcement; penalty. In accordance with articles I, II and III of this chapter and F.S. § 162.09, the' special magistra.te of the village in charge of code enforcement is hereby granted jurisdiction for enforcement of articles I, II and III of this chapter and sha11 have the power to impose a fine in the m�imum 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. - Vill�ge declared bird sanctuary. (a) It is hereby declared that all territory embraced within the corporate limits of the village sha11 be a bird sanctuary. (b} It shall be unlawful for any person within the village to shoot, trap or in any manner kill, wound or maim any bird of any kind, or at any time to throw at any birds of any kind any missile with slingsho#s or any other weapon, or to disturb their eggs or their young or their nests. Sec.10-4. - Keeping of �nimals generally. No person sha11 keep, possess or maintain any live animal, including livestock or fowl, within the village, except as follows: Dogs, cats, parrots, parakeets, canaries, rabbits, guinea pigs, hamsters, gerbils, turtles and other animals that can be legally sold in a licensed pet shop in the state may be kept, possessed and maintained as household pets within the village so long as they are kept, passessed and maintained in compliance with the provisions of this chapt+er; provided that these household pets do not constitute a nuisance to neighbors beca.use of excessive noise or odors. Proper sanitary measures sha11 be observed a.nd followed at a11 times in connection with the keeping, maintaining or possessing of such pets. Sec.10-5. - Mazimum number of household pets. No person shall keep, maintain, possess or harbor any domesticated household pets or domesticated animals upon his premises greater than a total of six in number, and a violation of this limitation shall constitute prima facie evidence of creating and maintaining a nuisance and a violation of this chapter. The limitation established in this section sha11 not apply to dogs or cats under o�i r� months of age or to fish. Sec.10-b. - Deposit of ezcreta on public property or property of another. (a) It sha11 be unlawful for any person to aid, abet, assist or a11ow any animal under his care, custody or control, or subject to his command, to deposit or place on any of the public or private sidewalks, parkways or walkways or parts of streets, or public pazks or ways on the oceanfront devoted to the use of the public, or upon premises owned by any person other than the owner or custodian of such animal, any offal, feces 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, feces or excreta of any such animal deposited or placed in violation of this section. Removal of any such offal, feces or excreta. in a sealed container shall constitute prima. facie compliance with this section. Sec.10-7. - Abandonment. No person shall desert or abandon any dog or other animal within the village. Sec.10-8. - Animals creating nuisance. (a) T'he owner of any animal which habitually barks, whines, howls or causes other objectionable noise, or which destroys or damages a.ny 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 ai�idavit of complaint, signed by one resident of the village, made under 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 police officer, code enfarcement officer. or animal control officer or his agent sha11 investigate the complaint to determine whether the act complained of violates this section. Sec.10-9. - 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. If a police officer or �ode enforcement officer suspects that a dog or cat while nanning at large is not in a healthy condition or that it is suffering from any contagious disease, such officer sha11 temporarily impound such dog or cat, contact the appropriate county agency and turn the animal over to such agency. Sec.10-10. - Raising or bo�rding animals or fowl. The raising or boazding of animals or fowl is prohibited except where boarding is incidental to the operation of a veterinarian's office. Secs.10-11-10-30. - Reserved. ARTICLE II. - DOGS AND CAT5 Sec. 10-31. - Re�istration; inoculation. Sec. 10-32. - Wearing of collar and tag, Sec. 10-33. - Unauthorized removal of coilar or ta�. Sec. 10-34. - Do�s running at_large. ec. 10-35. - Feral cats. Sec. 10- �6 �. - Imnoundment. Sec. 10- 37 �6. - Enforcement. Secs. 10- 38 �-'�10-60. - Reserved. 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 sha11 have such do� or _ca.t re�istered and vaccinated bv a licensed veterinarian against rabies at regular intervals in accordance with the vaccine manufacturer's directions as reauired bv Sec. 828.30, Florida Statutes se�e�. (b) Dogs sha11 at all times wear a ta.g denoting currently effective registration and ra ie inoculation data issued by an authorized veterinarian/cl' '� by the county animal control department. Cats shall not be required to wear a collar or tag, but sha11 be required to be registered and inoculated pursuant ta the provisions of this article. Sec.10-32. - Wearing of coll�r and tag. Every owner shall provide each dog more than four 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 10-31 shall be securely fastened, and it sha11 be tbe owner's duty to make certain that the collar and tag are wom at all times by the dog e�sep��e�e� =o��.�0�1,�-c-�:-�I-�4�.?-�--�. Cats shall not be required to be collared or ta.gged, but shall be required to be licensed and inoculated pursuant to the provisions of this article. Sec.10-33. - Unauthorized removal of collar or tag. No person, other than the owner or keeper, shall remove or cause to be removed the colla.r or tag required by section 10-32 from any dog or cat within the village. Sec.10-34. - Dogs running at l�rge. 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. nv nerson allowine anv dos to run at lar�e contrarv to this section, sha11 be guilty of a violation of this section. Sec.10-35. — Feral cats. �a. Villaee residents are encouraeed to voluntarilv narticinate in the Palm Beach C untv Anunal Care and Control "Tra.n. Neuter and Release"_ nroeram for feral cats as contained in Sec. 4-8 of the Pa1m Beach Countv Animal Care and Control Ordinance. Particination in the nro�ram generallv reauires voluntarv trannin� of f ra1 cats with trans that are manufactured for such nur�ses. takin� the tranned cat to the c,�untv facilitv and navins the current fee far snaving/neuterin� b� e feeding of feral cats. whether or not in a feral ca.t colonv. is nrohibited. unless the colonv has been re�istered with Palm Beach Countv Animal Care and Control and the cats in the colonv have been nrocessed throueh the countv "Tran. Neuter d Release" nro�ra.m as conta.ined in Sec 4-8 of the Palm Beach Countv Animal Care and Control Ordinance. Sec.10- �¢ �. - 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 �� Humane Society o tl�e Pa1m Beaches. s� the Animal Rescue League , or anv nrivate "no-kill" animal sh� 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 sha11 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 the �e�� Humane Society of the Palm Beaches or anv nrivate "no-kill" animal shelter, 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 a11 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 sha11 be guilty of a violation of this section. Sec.10- �2 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- 3$ ��10-60. - Reserved. ARTICLE III. — SEA TURTLE PROTECTION. [This Article sha11 remain in full force and effect as previously adopted.] Section 2: Fach and every other Section and Subsection of Chapter 10. Animals. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentenee 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 take effect immediately upon passage.