HomeMy WebLinkAboutDocumentation_Regular_Tab 06_03/14/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: Ord 6-13 As amended from
3/14/13 First Reading
Consent Agenda: No Resolution #:
Originating Department: Village Attorney
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Ordinance 6-13, Second Readinq, Amending the Village Code of Ordinances at Chapter 10.
Animals, by Revising the Definition of "At Large" and Providing a New Definition for the Term "Feral
Cat", and Prohibiting the Feeding of Feral Cats; Further Revising the Code Regarding Number of
Household Pets, and by Creating a New Classification and Certain Requirements for Aggressive,
Dangerous and Vicious Dogs; Providing that each and every other Section and Subsection of
Chapter 10. Animals. Shall Remain in Full Force and effect as Previously Adopted;— (Postponed from
1/10/13 First Reading 2/14/13) Village Attomey Davis
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: ���-�7oos� an Appropriate Fund Balance:
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Department Head .�
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Finance Director
Reviewed for Financial S fficiency ❑ �
No Financial Impact �
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: [� �
Approve Item: ❑
Deny Item: �
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Form Amended: 7/12/12
ORDINANCE NO. 6-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VII.LAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANGES AT CHAPTER 10. A1vIMALS, BY REV�SING THE
DEFINITION OF "AT LARGE" AND PROVIDING A NEW DEFINITION
FOR THE TERM KFEItAL CAT", AND PROHIBITING THE FEEDING
OF FERAL CATS; FLTRTHER REVISING THE CODE REGARDING
NUMBER OF HOUSEHOLD PETS, AND BY CREATING A NEW
CLASSIFICATION AND CERTAIN REQUIREMENTS FOR
AGGRESSIVE, DANGEROUS AND VICIOUS DOGS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 10. AIVIMALS. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABTLITY CLAUSE AND AUTHURITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Viliage
Code of Ordinances at Chapter 10. Animals by amending the definirion of "at large" and by
providing a defuvition for the term "feral cat" and prohibiting the feeding of feral cats; further
revising the code regarding number of household pets, and by creating a new classification and
certain requirements for aggressive, dangerous and vicious dogs; and
WHER.EAS, the Village Council of the Village of Tequesta believes it to be in the best
interests of the health, safety, and welfaze of the citizens of the Village of Tequesta that the
Village amend its animals code as stated herein.
NOW, THEREFORE, BE IT ORDAINED BY 'THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 10. Animals. of the Code of C�rdinances of the Village of
Tequesta is hereby amended by providing a defuution fQr the term "feral cat and prohibiting the
feeding of feral cats; fiirther revising the code regarding number of household pets, and by
creating a new classification and certain requirements for aggressive dogs; providing that
Chapter 10. Animals. shall herea#�er read as follows:
ATRICLE I. — IN GENERAL
Sec. 10-�. - Definitions.
Sec. 10-2. - Enforcement; penaltv.
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Sec. 10-3. - Village declared bird sanctuarv.
Sec. 10�4. - Keepin� of animals e� nerall�
Sec. 10-5. - Maximum number of household pets.
Sec. 10-6. - Deposit of excreta. on public property_or prQperty of another.
Sec. 10-7. - Abandonment.
Sec. 10-8. - Animals creati.n_g nuisance.
Sec. 10-9. - Animals with contagious diseases.
Sec. 10-10. - Raising or boarding animals or fowl.
Secs. 10-11-10-30. - Reserved.
Sec.10-1. - DefiniNons.
T'he following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the conte�rt clearly indicates a
different meaning:
Animal mea.ns every living dumb crea.ture, both domestic and wild.
At lcrrge means off the premises of the owner, unless accompanied by a comnetent
� attendant who has the abilitv and canacitv to. and who sha11 at all tunes maintain
control over �a�e such cat or dog €��el� by means of a����� coll�r, harness or
similar an�aratus. alon� with a a� leash, •,'�:�� '�°°" , „^* *^ �v�ma _on�,t r�;
�•
Domesticated household pet and domesticated ani►nal 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 a.nimals to be sold or possessed.
Feral cat means anv cat with no annazent owner or identification tha.t is
annarentiv wild. untamed. unsocialized. unmana�eable or unable to be annroached or
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Livestock includes a11 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 chapter where it shall be found that a cat or dog
is in the custody or under control of a minor, it shall be presuxned that the owner of such
cat or dog is the parent or legal guardian of such minor.
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Sec.10-2. - Enforcement; penalty.
In accordance with articles I, II and III of this cha.pter and F.S. § 1b2.09, 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 m�imum sum of $250.00 per day, with each d�y the
violation occurs constituting a separa.te offense, on any person who violates the
provisions of this chapter and a maximum fine of $500.40 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.
(a) It is hereby declared that a11 territory embraced within the corporate lunits 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, wound 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 eg�s or their young or their nests.
Sec.10-4. - Keeping of �nimals generxlly.
No person shall 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 sta.te 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 provisions of this cha.pter; provided 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.
Sec.10-5. - Maximum number of household pets.
No person shall keep, mainta.in, possess or harbor any domesticated hausehold
�ts or domesticated animals upon his premises greater tha.n a total of six in number. ;
a�-a Q violation of this limitation shall constitute prima facie evidence of creating and
maintaining a nuisance �d nrima facie evidence of commercial animal breeding which
yvould be a violation of Sec 78-290 nrahibitin� anv business� activitv in a�}on_
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���nmercial zonin� district. as well as � a violation of this cha.pter. The limitation
established in this section shall not apply to dogs or cats under �i r fi�ee months of age
or to fish.
Sec.10-6. - Deposit of ezcreta on pablic property or property of another.
(a) It sha11 be unlawful for any person to aid, abet, assist or allow 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 parks 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
o€, in a sanitaiy 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. - Anim�ls creuting nuisance.
(a) The owner of any animal which habitually bazks, whines, howls or causes other
objectiona.ble noise, or which destroys or damages any properry 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, sha11 be deemed to be committing an act in violation of
this section.
(b) Upon receipt of one affidavit of camplaint, 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, animal control oi�icer or _ er authoriz.ed a.gent of the villase
�is agent sha11 investigate the compla.int to determine whether the act complained
of violates this section.
Sec.10-9. - Animals with contagious diseases.
(a) No person ovrming any dog or cat, knowing it to be afflicted with any contagiaus
disease or i,n an unhealthy condition, shall permit such dog or cat to be out in
public within the village limits.
If a police officer control officer or other authorized aQent of the villa�e
suspects that a dog or cat while running at large is not in a healthy condition or
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license ta.g referred to in section 10-31 shall be securely fastened, and it sha11 be the
owner's duty to make certain that the collar and tag are worn at a11 tunes by the dog o�
e��se�-as-p�ei�eE�-f�;� r � �,., „t, �o , q���__�._r
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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 collar or tag required by section 10-32 from any dog or cat within the village.
Sec. 10-34. - Dogs running at large.
No dog sha11 run at large within the village or upon the properiy other than that of
its owner unless the dog is running on pro�rty other than that of its owner with the
express or implied consent of the owner of the property. AnX nerson allowin� an d�� to
at lar�e contrarv to this section, shall be guilty af a
violation of this section.
�ec. 10-35. - Feral cats.
The feedin� or keenin� of feral cats. whether or not in a feral cat colonv. is
ro 'bi d.
Sec.10- � 3�. - Impoundmen�
(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 gr anv other licensed animal shelter facilitv, *'�° '`T^-�'� '"^
^ , within 24
hours.
(b) Any police officer o other authorized a�ent of the village who impounds or
otherwise acquires possession of a dog or cat which has a license ta.g 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 �anv other licensed animal shelter facilitv, �e-zAa�a�
, the
owner of such dog or cat may apply for its release and such release shall be
granted, provided the owner sha11 pay to the villa.ge 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 ar under its
authority.
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(d) Any owner of an impounded dog or cat who fails to pay the required
administrative fee within 48 hours af the relea.se of the owner's dog or cat sha11 be
guilty of a violation of this section.
Se.c.10. � �6. - Enforcement
Consistent with law and this article, the cade enforcement special magistrate sha11
have jurisdiction to enforce this article within the village corporate limits.
Sec. 10-38. — A��ressive. Dangero�s and Vicious d=�
��e Village of Teauesta shall utilize the Palm Beach Sountv Animal Care and
�ntrol Ordinance as it rePUlates a sressive. dan�erous and vicious do�s.
� addition to the reauirements and nmlubitions assaciated with a�sressive.
dan�erous and vicious do�s as contained in the Palm Beach Countv Animal Care
�d Control �rdinance. registration of anv do� so desiEnated shall reauire that
the owner of such doe successfullv comnlete obedience trainin� with such do�.
n addition. no do� that has been declared to be a�sressive, dan�erous or vicious
mav be brou�ht into anv do� nark or onto an,�other �ronertv owned or onera.ted
v the Villaee of Teauesta..
Secs.10- � �-10-b0. - Reserved.
ARTICLE lII. — SEA TURTLE PROTECTIQN.
[This Article shall remain in full force and effect as previously adopted.]
Section 2: Eaeh and every other Section and Subsection of Chapter 10. Animals.
sha11 remain in fu11 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, 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 sha11 take effect immediately upon passage.
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