HomeMy WebLinkAboutOrdinance_06-13_05/09/2013 ORDINANCE NO. 6-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, 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 "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 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;
PROVIDING A CONFLICTS 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 pets, 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 THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, 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 "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 requirements 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: penalty.
Sec. 10 -3. - Village declared bird sanctuary.
Sec. 10 -4. - Keeping of animals generally.
Sec. 10 -5. - Maximum number of household pets.
Sec. 10 -6. - Deposit of excreta on public proppM or prouerty of another.
Sec. 10 -7. - Abandonment.
Sec. 10 -8. - Animals creating nuisance.
Sec. 10 -9. - Animals with contagious diseases.
Sec. 10 -10. - Raisingor boarding animals or fowl.
Secs. 10- 11- 10 -30. -Reserved.
Sec. 10 -1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall 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 a competent
an attendant who has the ability and capacity to. and who shall at all times maintain
control over have such ea4 dog field by means of a substantial collar harness %
similar apparatus, along with a and leash Whieh leas h is mt to emeeed eight � °+
lefigth•
Community cat means any cat with no apparent owner or identification that is
a parently wild, untamej unsocializel unmanageable or unable to be approached or
handled: or any cat that is apparently tamed, socialized and/or manageable and
approachable, but nevertheless free roaming, abandoned or homeless.
ommunity cat colony means one or more community cats that are cared for by an
individual or individuals on a voluntary basis pursuant to a community cat colony
P rogram. Community cats are generally distinguished in appearance by the presence of a
notched ear tip.
Community cat colony nr W= means a program approved by the Village
C ouncil for controlling and maintaining community cat colonies. Community cat colony
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prosrams shall not. to the extent possible, include features that conflict with the
requirements of the Palm Beach County Animal Control Ordinance.
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 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 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. Owner does not include a person
caring for a community cat pursuant to a community cat colony program.
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.
(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, 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. 104. - Keeping of 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. - Maximum 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. ;
an" A violation of this limitation shall constitute prima facie evidence of creating and
maintaining a nuisance and prima facie evidence of commercial animal breeding which
would be a violation of Sec. 78 -290 prohibitine any business activity in a non-
commercial zoning district, as well as and a violation of this chapter. The limitation
established in this section shall not apply to dogs or cats under four tlfee months of age
or to fish.
Sec. 10-6. - Deposit of excreta on public property or property of another.
(a) It shall 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
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 ca or other animal within the village.
No person who returns a community cat to a community cat colony pursuant to_ a
i n -y cat colony prow m shall be deemed to have abandoned the community cat.
Sec. 10-8. - Animals creating 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 property, 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 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 officer or other authorized went of the village
his agent shall 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 animal control officer or other authorized agent of the village
suspects that a dog or cat while runnin at large is not in a healthy condition or
that it is suffering from any contagious disease, such officer r n shall
temporarily impound such dog or cat, contact the appropriate county agency and
turn the animal over to such agency.
See. 10-10. - Raising or boarding animals 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. - Wearing of collar and tag.
Sec. 10 -33. - Unauthorized removal of collar or tag.
Sec. 10 -34. - Dogs running at large.
Sec. 10 -35. - Community cats.
Sec. 10- 36 33. - Impoundment.
Sec. 10- 37 36. - Enforcement.
Secs. 10- 3$ 310 -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 have such dog or cat registered and
vaccin t 4 by a licensed veterinarian against rabies at regular intervals in
accordance with the vaccine manufacturer's directions as required by Sec. 828.30.
Florida Statutes
eentpel.
(b) Dogs shall at all times wear a tag denoting currently effective registration
and rabies inoculation data issued by an authorized veterinarian/clinic or by the
county animal control department.
tag, but shall be f to b e 0
(c) Comm—unity —cats are exempt from this section-
See. 10-32. - Wearing of collar and tag.
Every owner shall provide each dog or c t 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 shall be the
owner's duty to make certain that the collar and tag are worn at all times by the dog or
caL emeept as pfeiAdedfer- in Laws of Fla eh 69 143 . Cats shall not be required to
be eelk-wed or- tagged, W4 sMI be requifed to be heemed and ineeWated pur-stuffA to the
cats are e t frum 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 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 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. Any person allowing any dog to
run at large contrary to this sectio shall be guilty of a
violation of this section.
Sec, 10!!35, — Community cats.
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Nothing in this chanter shall be construed to preclude or prohibit the feeding and
maintaining of community cat colonies. permitted and authorized by the village as part of an
authorized program specifically designated by the village council for the control and regulation
of community cats within the village.
Any community cat control program authorized by the village council
pursuant to this section shall include and adhere to each and every
uirement contained in Sec. 4-8(c) of the Palm Beach County Animal
Control Ordinance (Feral cat harborer /caregiver reauimments) as that section
may be amended from time to time. and shall not, the extent possible. include
features that conflict with the requirements of the Palm Beach County Animal
Control Ordinance
Sec. 10. 3fi 36. - Impoundment.
(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 or any other licensed animal shelter facility. —tee '`T ^'' ^•• „ *
within 24
hours. Community cats shall not be impounded merely for being at large.
(b) Any police officer or other authorized agent 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 any other licensed animal shelter facility #ate-
, 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.
(e) Community cats shall not be deemed to be in violation of this article or subject to
impoundment pursuant to this section.
See.10- 3-7 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.
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Sec. 10-38, - Aggressive. Dangerous and Vicious dogs.
The Village of Teauesta shall utilize the Palm Beach County Animal Care and
Control Ordinance as it regulates aggressive, dangerous and vicious dogs.
b In addition to the requirements and prohibitions associated with aggressive.
dangerous and vicious dogs as contained in the Palm Beach County Animal Care
and Control Ordinance, registration of any dog so designated shall require that
the owner of such dog successfully complete obedience training with such-
In addition, no dog that has been declared to be aggressive, dangerous or vicious
may be brought into any dog park or onto any other property owned or operated
by the Village of Teauesta.
Secs. 10- 332 310 -60. - Reserved.
ARTICLE III. — SEA TURTLE PROTECTION.
[This Article shall remain in full force and effect as previously adopted.]
Section 2: Each 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, 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 take effect immediately upon passage.
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Upon Second Reading this 9 day of May 2013, the foregoing Ordinance was offered by Council
Member Okun who moved its adoption. The motion was seconded by Vice -Mayor Arena and
upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of May 2013.
MAYOR OF TEQUESTA
bigail B nnan
ATTEST:
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