HomeMy WebLinkAboutOrdinance_44-13_11/14/2013 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 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 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 read as follows:
Sec. 10 -2. - Enforcement; penalty.
iolations of any of the provisions of Articles I and II of this chanter shall subiect
the responsible mmn perso o a fine of $250.00 for any first offense and $500.00 for
mh subseauent offense of any provision of this chapter. Each day that a
violation occurs shall constitute a separate offense. Violations are civil
igftWqns and violators shall be issued citations which specify the violation and
t e fine. Citations may be contested in county court: howem unless a citation
man-dates an appearance in county coul as specified below in the even th a
yiQlMr elects to not contest a citation, the fine shall be reduced to $150 00 for
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my st offense and 5400.00 for each subsequent offense of any Provision of this
da.1e_
(W Citafiom issued for violations resulting in the unprovoked biting, attacking or
wounding of a domestic animal, or violations resulting in the loss of personal
Property. or second or subsequent violations of animal cruelty laws, or the
issuance of a third or subsequent citation for a violation of Articles I and II of this
chanter to any Person shall require a mandatory aPPearance in county court.
W Village Police officers and code enforcement officers are authorized to investigate
i�infractiom of Articles I and II of this chanter and issue citations for
vi .la ion•
in ., e- .1anee m4th .,4i T TT .� M o f t ..1.... er_.�. F.S._.§ 1621_ld_tle
, F.S. ,
power- to impose a fine in the mfflikmm sum of $250.00 per ay, yAth eaeh day the
this ehapter- and a maximum fiiie of $500.00 per- day for- repeat violateo. In
addition to eHfememei# by means of the eede eflfer-eemeat speeial nWis#ate, the -Allege
may > 11 and M of Ws
ehaptff.'
Sec. 10-37. - Enforcement.
Ea grcement of this Article shall be Pursuant to the enforcement and Penalty
Provisions contained in Sec. 10-2. or Pursuant to the Palm Beach County Animal Care
and Control Ordinance, as applicable. Gensiswnt with law and this affiele, the
village eor limits.
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.
Sect ion 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 14 day of November 2013, the foregoing Ordinance was offered by
Council Member Okun who moved its adoption. The motion was seconded by Council Member
D'Ambra 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 14` day of
November 2013.
o p F
MAYOR OF TEQUESTA
v 0 � P oR �� N om`
SEAL
ATTEST:
' igail reran
INCORPORATED
4 ,
OF
Lori McWilliams, MMC
Village Clerk
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