HomeMy WebLinkAboutDocumentation_Regular_Tab 14_05/09/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 6-13 (Postponed during
� 4/11/13 3/14/13 meeting)
Consent Agenda: No Resolution #:
Originating Department: Attorney
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1. Ordinance 6-13, Second Readina, 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— (Post oned from 3/14/13) Villa e Attorne Davis
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: �_:���.��,� ��_: :�:" Appropriate Fund Balance: C"��os� a�� ;terr.
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Department Head Submitted by Legal
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 VILLAGE OF
TEQUESTA, FLORIDA, AMENDING TFIE VII.LAGE CODE OF
ORDINANCES AT CHAPTER 10. ANIMALS, BY REVISING THE
DEFI1vITION OF "AT LARGE" AND PROVIDING A NEW DEFINITION
FOR THE TERM "COMMUIVITY CAT", AND PROVIDING FOR THE
ADOPTION BY THE VILLAGE COUNCIL OF AUTHORIZED
COMMU1vITY CAT CONTROL AND REGULATION PROGRAMS;
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 ANI) SUBSECTION OF CHAPTER 10. ANIMALS. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A C�NFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village
Code of Ordinances at Chapter 10. Animals by amending the definition of "at large" and by
providing a definition for the term "community cat" and providing for the adoption by the village
council of authorized community cat control and regulation programs; further revising the code
regarding number of household �ts, and by creating a new classification and certain
requirements for aggressive, dangerous and vicious dogs; 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 stated herein.
NOW, THEREFORE, BE IT ORDAINED BY TI� VII.,LAGE COUNCIL OF TI�
VILLAGE OF TEQUESTA, FLORIDA, TH�1T:
Section 1: Chapter 10. Animals. of the Code of Ordinance§ of the Village of
Tequesta is hereby amended by providing a definition for the term "community cat and
providing for the adoption by the village council of authorized community cat control and
regulation programs; further revising the code regarding number of household pets, and by
creating a new classification and certain r�uirements for aggressive dogs; providing that
Chapter 10. Animals. shall hereafter read as follows:
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ATRICLE I. – IN GENERAL
Sec. 10-1. - Definitions.
Sec. 10-2. - Enforcement; nenaltv.
Sec. 10-3. - Village declared bird sanctuarv.
Sec. 10-4. - Keeping of animals e� nerall�
Sec. 10-5. - Maximum number of household pets.
Sec. 10-6. - De,posit of excreta on public propertv or prouerty of another.
Sec. 10-7. - Abandonment.
Sec. 10-8. - Animals creating nuisance.
Sec. 10-9. - Animals with conta 'ous diseases.
Sec. 10-10. - Ra,isin� or boardin� 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 conteact 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 a comnetent
� attendant, who has the abilitv and canacitv to. and wko shall at all times maintain
control over �a�e such �-e� dog �� by means of a substantial collar�harness or
imilar annara.tus. alonQ with a a� leash,
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ommunitv cat means anv cat with no annarent owner or identification that is
nnarentiv wild. untamed unsocialized. unmanaseable or unable to be annroached or
dled: or anv cat that is anDarentiv ta.med. socialized and/or mana�eable and
a nroachable. but nevertheless free roamin�. abandoned or homeless.
�ommunitv cat colorrv means one or more communitv cats that are cared for bv an
' dividual or individuals on a voluntarv basis �ursuant to a communitv cat colonv
nro�ram. Communitv cats are �enerallv distinguished in annearance bv the nresence of a
notched ear tin.
Communitv cat colonv nroQram means a nro�ram annroved bv the Village
Council for controlling and maintain.ing communitv cat colonies. Commu.nitv cat colonv
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programs sha11 not. to the extent nossible. include features that conflict with the
r auirements of the Palm Bea.ch Countv Animal Control Ordinance.
Domesticated household pet and domesticated animal includes dogs, cats, parrots,
parakeets, canaries, ra.bbits, 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 pernut from the state allowing
such animals to be sold or possessed.
Livestock includes all 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 pmsecution under this chapter where it shall be found that a cat or dog
is in the custody or under control of a mi.nor, it sha11 be presumed that the owner of such
cat or dog is the pazent or legal guardian of such minor. Owner does not include a person
carin� for a communitv ca.t nursuant to a communitv cat colonv nroeram.
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 im�ose a fine in the maximum sum of $250.00 per day, with each da.y 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.
(a) It is hereby declared that all territory embra.ced within the corporate limits of the
village sha11 be a bird sanctuazy.
(b) It sha11 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 eggs or their young or their nests.
Sec.10-4. - Keeping af animals generally.
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
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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, possessed and maintained in compliance with
the provisions of this chapter; 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. - Mazimum number of household pets.
No person sha11 keep, maintai.n, possess or harbor any domesticated household
pets or domesticated animals upon his premises greater than a total of six in number. ;
a�a � violation of this limita.tion shall constitute prima facie evidence of creating and
maintaining a nuisance d nrima facie evidence of commercial animal breedi.n� which
wo d be a violation of Sec. 78-290 nrohibitine anv business activitv in a non-
cqmmercial zonin� district as well as a� a violation of this chapter. The limitation
established in this section sha11 not apply to dogs or ca.ts under fo�r t�ee months of age
or to fish.
Sec.10-6. - Deposit of ezcreta on public property or property of another.
(a) It shall be unlawfiul 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 wallcways 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 a.nimal,
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 offa1, 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. - Abando�ment.
No person shall desert or abandon any do ca or other animal within the village.
No nerson who returns a communitv cat to a communitv cat colonv nursuant to a
mmunitv ca.t colonv nro�ram shall be deemed to have abandoned the communitv cat.
Sec.10-8. - Animals cre�ting nuisance.
(a) The owner of any animal which habitually barks, whines, howls or causes other
objectionable 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 properry, or which is otherwise offensive
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so as to create a nuisance, shall be deemed to be committing an act in violation of
this section.
(b) Upon receipt of one affidavit 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 da.te of the act, the owner of the
a,nimal, the address of the owner and a description of the animal doing such act,
the police officer, animal control officer or other authorized a�ent of the villa.�e
�is 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�lice of�icer. animal control officer or other authorized a�ent of the villa�e
suspects that a dog or cat while running at la.rge is not in a healthy condition or
that it is suffering from any contagious disease, such officer �t shall
temporarily impound such dog or cat, contact the appropriate county agency and
turn the animal over to such agency.
Sec. 10-10. - Raising or boarding �nimals or fowl.
The raising or boarding 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 CATS
Sec. 10-31. - Registration; inoculation.
Sec. 10-32. - Wearin� of collaz and tag_
Sec. 10-33. - Unauthorized removal of collar or ta�.
Sec. 10-3�. - Dogs running, at large.
Sec. 10-35. - Communitv cats.
Sec. 10- 36 �. - Impou.ndment.
Sec. 10- 37 36. - Enforcement.
Secs. 10- 3$ �--10-60. - Reserved.
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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 ave such doe or cat reeistered and
v ccinated bv a licensed veterinarian aga.inst rabies at resular intervals '
�orda.nce with the vaccine manufacturer's directions as reauired bv Sec. 828.30,
Florida Statutes
se�e�.
(b) Dogs and cats sha11 at all tunes wear a tag denoting currently effective registrarion
and rabies inoculation data issued by an authorized veterinarian/clinic or by the
county animal control department.
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(c) Communitv cats are exemnt from this section.
Sec.10-32. - Wearing of collar and tag.
Every owner sha11 provide each dog or cat more than four months of age kept,
harbored or otherwise maintained by hi.m in the village with a sturdy collar to which the
license tag referred to in section 10-31 sha11 be securely fastened, and it shall be the
owner's duty to make certain that the collar and ta.g are worn at a11 times by the dog 2�
ca . vv,.o,.+ ., ,;aoa � « ;., r ., „� �i.. ,.�. �� , nz� � ,
� �
. ommunitv ca.ts are exemnt from this section.
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 collaz or tag required by section 10-32 from any dog or cat within the village.
Sec.10-34. - Dogs running at large.
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. Anv nerson allowin� anv dos to
run at large contrarv to tlus section, shall be guilty of a
violation of this section.
Sec.10-35. — Communitv cats.
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N' e in this chanter sha11 be construed to nreclude or brohibit the feedin� an
maintain.in� of communitv cat colonies. nermitted and authorized bv the village as nart of an
orized nro�ram snecificallv desi�n�ted bv the villa�e council for the control and re�ulation
f communitv cats within the villa�e.
Anv communitv cat control nro�ram authorized bv the villaee council
nursuant to this section shall include and adhere to each and everv
reauirement contained in Sec. 4-8(c) of the Palm Beach Countv Animal
Control Ordinance (Feral cat harborer/caresiver reauirementsl as that section
mav be amended from time to time. and shall not. the extent nossible. include
f atures that conflict with the reauirements of the Palm Beach Countv Animal
Control Ordinance
Sec. 10- �¢ �. - Impoundmenk
(a) Whenever a dog or cat is within the village in violation of the provisions of this
article, any police officer or other 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 r anv other licensed animal shelter facilitv. *'�° '`T^�*'� �'^�•�'��
, within 24
hours. Community cats sha11 not be impounded merely for being at large.
(b) Any police officer Qr other authorized aeent of the village who impounds or
otherwise acquires possession of a dog or cat which has a license ta.g affixed sha11
make every effort to notify the owner as soon as is reasonably possible.
(c) At any tune prior to an impounded dog or cat being released to the county animal
control department or anv other licensed animal shelter facilitv, �ke-�
, 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 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.
(e) ommunitv ca.ts shall not be deemed to be in violation of this article or subiect to
imnoundment nursuant to this section.
Sec.10- � �6. - Enforcement
Consistent with law and this article, the code enforcement special magistrate sha11
ha.ve jurisdiction to enforce this article within the village corporate limits.
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ec.10-38. — A��ressive. D n�erouc an Viciou do� .
�a e Village of Teauesta shall utilize the Palm Beach Countv Animal Care and
ontrol Ordinance as it re�ulates a�gressive. daneerous and vicious do,�s.
b� In addition to the reauirements and nrohibitions associated with a,�eressive.
�angerous and vicious do�s as contained in the Palm Beach Countv Animal Care
an Control Ordinance. registration of anv do� so desiQnated sha11 reauire that
the owner of such do� successfullv comnlete obedience trainin� with such do�.
�n addition. no do� tha.t has been declared to be a��ressive. dangerous or vicious
mav be brou�ht into anv do� nark or onto anv other nronertv owned or onerated
v the Villa�e of Teauesta.. �
Secs.10- �Q �--10-60. - Reserved.
ARTICLE III. — SEA TURTLE PROTECTION.
[This Article sha11 remain in full force and effect as previously adopted.]
Section 2: Ea:ch and every other Section and Subsection o� Chapter 10. Animals.
sha11 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, sentence or word be declazed by a court of competent jurisdiction to be invalid,
such decision sha11 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.
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