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Home My WebLink AboutDocumentation_Regular_Tab 18_11/14/2013 VILLAGE CLERK'S OFFICE AGEMDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 44-13 11/14/13 Consent Agenda: No Resolution #: Originating De�artment: Legal . � . _...-- -- - -- - -- _ _ _ .._ _ _ --- -- . . • . - : - . � �.,: ' � - � - �r.c . ` � --- --- -- --- - - --, �-, - - , _._- �,__ _ _ _ ORDINANCE NO. 44-13, SECOND READING, AN ORDINAN�� ^�� _ _ � . _ � � � _�. _ _ _�, 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. : � . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: ' � � ' �' .• • •- � • � .�- •. ---- _ _ _ ----___... . ••-� . - �. � - --- - ----- -� Dep� °��=_�_�:� :r_ y�� Submitted by Legal Finance Director Reviewed for Financial Sufficienc:y ❑ ' � �,i No Financial Impact � ' �� Attorney: (for legal sufficiency) Village Manager: __.____._.,. .��,y,��.,- _-- � Submit for Council Discussion: � --'�µ Approve Item: ❑ Deny Item: � ____----_ -- � • • . . - _� -- _ - - - �� - . .- - _, - � .- . .. - . . -. . . e - - - . - u .a Form Amended: 7/12/12 ORDINANCE NO. 44-13 AN ORDINANCE OF THE VILLAGE CUUNCIL OF THE VILLAGE �F 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 SECTI4N AND SUBSECTION OF CHAPTER 10. ANIMALS. SHALL REMAIN IN FULL FORCE AND EFFECT AS P1�EVIOUSLY ADOPTED; PROVIDiNG A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPUSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Cha.pter 10. Animals by providing enforcement and penalty p�ovisions consistent with maximum penalties allowed by sta.te �aw; and WHEREAS, the Village Council of the Village of Tequesta. believes it to be in the best interests of the health, safety, and welfare af the citizens of the Village of Tequesta that the Village amend its animals code as stated herein. NOW, THEREFORE, BE IT ORDAINED $Y THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: �ection 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 maz�imum penal�ies allowed by state law; providing that these sections shall hereafter read as follows: Sec.10-2. - Enforcement; penalty. �a Violations df anv of the nrovisions of Articles I and II of this chanter sha11 subiect the resnonsible ne rson to a fine of $250 00 for anv first offense and $S00 00 for each subseauent ofFense of anv nrovision of this chauter Each da.v th�t a viQla o sha11 constitute a senarate offense Violations are civil i ctions a nd violat shall be issued cita.tions which sneci 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 vio lator elects to not contes a cita.ti the fine shall be reduced to � 150 00 for 1 anv first offense and $400.04 for_each subseauent offense of anv nr�vision nf this ter. b� Citations issued for violations resultin in the unnrovoked bitin� attackin� or woundin� of a dom�stic animal. or^violations resulting in the loss of nersonal br�ertv or second or subsequent violations of ni al crueltv laws or the issuance of a third or subseauent cita.tio for a violation of t�rticles I and II of this cha.nter to anv nerson shall reauire a manda;torv an�ea�rance in countv court � Villa�e nolice officers and code enforcement office are auth orized to inve�t;�ate civil infractions of Articles I a�nd II o �his chanter and issue citations for violatians. m-'tT6fA�a�P.�i�--�]'r1r� T TT .�«. TTT ��. ..��+��„z��o7 !l� r� �.ruzi s � . � � � > > � � Sec.10-37. - Enforcement. Enforcement of this Article sha11 be nursuant to he enforcement and nenaltv nrovisions contained in Sec. 10-2 or nursuan# to the Palm Beach Countv Anim Care and Control Ordinance as an�licable , Section 2: Each and every other Section and Subsection of Chapter 10. Animals. sha11 remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordanances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of tlus Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision sha11 not affect the validity of the remainder of this Ordinance. Section S: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance sha11 take effect immediately upon passage. 2