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AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 44-13
10/10/13
Consent Agenda: No Resolution #:
Originating Department: Attorney
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ORDINANCE 44-13, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 10. ANIMALS, BY PROVIDING ENFORCEMENT AND PENALTY PROVISIONS FOR
VIOLATIONS OF THIS CHAPTER CONSISTENT WITH MAXIMUM PENALTIES ALLOWED BY
STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 10. ANIMALS. - Village Attorney Davis
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: ��� �° Appropriate Fund Balance:
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Department Head Submitted by legal
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Village Manager:
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Form Amended: 7/12/12
ORDINANCE NO. 44-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 10. ANIMALS, BY PROVIDING
ENFORCEMENT AND PENALTY PROVISIONS FOR VIOLATIONS OF
THIS CHAPTER CONSISTENT WITH MAXIMUM PENALTIES
ALLOWED BY STATE LAW; 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 providing enforcement and penalty provisions
consistent with maximum penalties allowed by state law; and
WHEREAS, the Village Council of the Viilage 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 TT 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 at Sections 10-2 and 10-37 by providing enforcement and penalty
provisions consistent with maximum penalties allowed by state law; providing that these sections
shall hereafter reac� as follows:
Sec.10-2. - Enforcement; penalty.
�a Violations of anv of the brovisions of Articles I and II of this chanter sha11 subiect
the resnonsible nerson to a fine of $250 00 for anv first offense and $500 00 for
each subseauent offense of anv nrovision of this chanter Each dav that a
violation occurs shall constitute a senarate offense Violations are civil
infractions and violators shall be issued c itations which snecifv the violation and
the fine Citations mav be contested in countv court• however unless a cita.tion
mandates an annearance in countv court as snecified below in the event that a
violator e lects to not contest a citation the fine sha11 be reduced to $150 00 for
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anv first offense and $400.00 for each subseauent offense of anv brovision of this
chanter•
b� Citations issued for violations resultin in the unurovoked bitin�, attackin� or
woundin� of a domestic animal, or violations resultin� in the loss of nersonal
nronertv. or second or subseauent violations of animal crueltv laws. or #he
issuance of a third or subseauent citation for a violation of Articles I and II of this
cha ter to anv nerson shall reauire a mandatorv annearance in countv court.
�c Villa�e nolice officers and code enforcement officers are authorized to investi�ate
civil infractions of Articles I and II of this chapter and issue citations for
violations.
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Sec. 10-37. - Enforcement.
Enforcement of this Article shall be bursuant to the emforcement and nenaltv
nrovisions contained in Sec. 10-Z. or nursuant to the Palm Beach Countv Animal Care
and Cantrol Ordinance, as annlicable. Ge�tei��=n�� °r�' *'��� ����� ��e�
,;».,..o ,. ,..,to �;,,..;,�
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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