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1 ORDINANCE 09- O/S
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING CHAPTER 4, CODE OF ORDINANCES ENTITLED
6 "ANIMALS AND FOWL," BY AMENDING SECTION 4-1, ENTITLED
7 "DEFINITIONS"; BY AMENDING SECTION 4-4 ENTITLED,
8 "MANNER OF KEEPING AND TREATING ANIMALS GENERALLY;
9 ABANDONMENT," BY DEFINING THE ACT OF TETHERING AND
10 ESTABLISHING REGULATIONS RELATING TO TETHERING;
11 PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY
12 AND PROVIDING AN EFFECTIVE DATE.
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15 WHEREAS, Chapter 4 of the Code of Ordinances sets forth regulations for the keeping of
16 animals within city limits for the protection of residents and animals; and
17 WHEREAS, tethering is the act of constraining an animal's movement by attaching one
18 end of a leash (or other similar device) to the animal and attaching the other end of the leash to
19 some object which is attached to the ground; and
20 WHEREAS, there are dangers to animals that are confined by tethering or by other means
21 in private or public yards; and
22 WHEREAS, animals that are improperly or extensively confined or tethered are more
23 likely to cause injury or harm to people and other animals than are ones that are not improperly or
24 extensively confined; and
25 WHEREAS, the City's Code of Ordinances does not define dog enclosures or sanitary
26 conditions for securing dogs outdoors; and
27 I WHEREAS, dogs that are kept outdoors in unsafe enclosures and/or in unsanitary
28 conditions may be injured; and
29 WHEREAS, specifYing the appropriate manner of keeping dogs outdoors, whether
30 ethered or in an enclosure, aids in the City's goal of sanitary and safe treatment of animals; and
:\CA\Ordinances\2008 Manner of Keeping {animal control rev).doc
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1 i WHEREAS, the City Commission finds and determines that limiting and regulating the
2 confinement of animals is in the best interest of the residents of the City of Boynton Beach and
3 serves a public purpose.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA THAT:
6 SECTION 1. The foregoing recitals are true and correct, and are hereby incorporated
7 herein by reference.
8 SECTION 2. That Chapter 4, Code of Ordinances, entitled "Animals and Fowl" is
9 hereby amended by amending section 4-1, entitled "Definitions," to read and provide as follows:
10 Sec. 4-1. Definitions.
11 The following words, terms and phrases, when used in this chapter, shall have the
12 meanings ascribed to them in this section, except where the context clearly indicates a different
13 meanIng:
14 ...
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16 Animal enclosure means any structure used to restrict an animal or animals to a limited
17 amount of space, such as a room, pen, run, cage, compartment, or hutch.
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19 Sanitary conditions means a space free from hazards which may endanger an animal's
20 health, such as animal waste or overcrowding.
21 (r) Tether means the act of constraining an animal's movement by attaching one
22 end of a leash (or other similar device) to the animal and attaching the other end of the leash to
23 some obiect which is attached to the ground.
24 (f~) Torture, torment, cruelty shall include every act, omission or neglect whereby
25 unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue when
26 there is reasonable remedy or relief. Cruelty shall also include the failure to provide an animal
27 with proper food, drink, shelter, or protection from weather.
28 (51) Under restraint means that an animal is secured by a leash, lead under the
29 control of a person physically capable of restraining the animal and obedient to that person's
30 commands, or securely enclosed within the real property limits of the owner's premises.
31 Water means water that is potable.
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1 ( t!!) Wild animal means any live monkey, non-human primate, raccoon, skunk, fox,
2 leopard, panther, tiger, lion, lynx, or any other warm blooded animal that can normally be
3 found in the wild state. This term shall not include domestic dogs (but does include hybrids
4 with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays),
5 farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common
6 cage birds.
7 SECTION 3. That Chapter 4, Code of Ordinances, entitled "Animals and Fowl" is
8 hereby amended by amending section 4-4, entitled "Manner of keeping and treating animals
9 generally; abandonment," to read and provide as follows:
10 Sec. 4-4. Manner of keeping and treating animals generally; abandonment.
11 .. .
12 (a) It shall be unlawful f-or any person to keep animals under unsanitary or
13 inhumane conditions; to refuse or fail to provide \'1ater and nutritious food daily; shelter
14 from hot, stormy, cold or inclement weather; clean quarters; humane care and treatment;
15 and medical attention for sick, diseased or injured animals; as well as to fail to inoculate
16 against disease, according to the species of animal kept.
17 It shall be unlawful for any person to keep animals without providing:
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19 (1) Clean and sanitary conditions;
20 (2) Food on a daily basis;
21 (3) Air ventilation and circulation;
22 (4) Water that is available at all times and free of foreign matter, algae, excreta, or
23 other biological hazards; and
24 (5) Medical attention and/or necessary veterinary care when an animal is sick,
25 diseased, or iniured. Written proof of veterinary care must be provided upon
26 request by the City.
27
28 (b) It shall be unlawful for any person keeping an animal to fail to provide shelter
29 for that animal.
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31 ( 1) In general. shelter for dogs, cats and small domestic animals must:
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33 a. Provide adequate protection from cold and heat. When the outdoor
34 temperature falls below 40 degrees Fahrenheit (4.5 degrees Celsius), all
35 cats, small domestic animals, and dogs that cannot tolerate such
36 temperatures without stress or discomfort shall be moved indoors or
37 provided adequate heating to maintain temperature above 40 degrees
38 Fahrenheit. When the outdoor temperature rises above 90 degrees
39 Fahrenheit, (32.5 degrees Celsius), ventilation such as exhaust fans or air
40 conditioning must be provided;
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2 b. Provide protection from the direct rays of the sun; the direct effect of
3 wind and rain; and all other elements at all times.
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5 (2) Animal enclosures which house dogs must meet the following minimum
6 requirements:
7 a. A single animal enclosure must be 100 square feet or less. An individual
8 property or parcel of land which contains multiple enclosures may have a
9 maximum aggregate of 150 square feet of dog enclosures.
10 b. Animal enclosures shall be constructed with chain link fencing. The
11 flooring of an animal enclosure may be the ground/grass or a solid, non-
12 porous surface such as a concrete slab or pavers which have no less than If4
13 inch between them. All flooring for an animal enclosure shall be at ground
14 level. A tarp or fabric screening may be used on the sides or top of the
15 animal enclosure. No other type of material, such as plywood, may be
16 used for or attached to an animal enclosure.
17 c. An animal enclosure must have a 6-foot setback from the property line
18 and be located in the rear yard. Prior to constructing an enclosure, citizens
19 must complete a Planning and Zoning Permit Application and receive a
20 Development Permit from the City. The City will establish a flat-rate fee
21 for animal enclosure development permits, which may increase from time
22 to time.
23 d. Animal enclosures must be constructed and maintained so that they:
24 (i) Have no sham points or edges that could iniure the dog
25 (ii) Contain the dog such that it cannot escape from the enclosure
26 (iii) Keep other animals from entering the enclosure
27 (iv) Provide the dog with unobstructed access to food and water
28 1. Food and water shall be placed in the enclosure such that
29 they may not be commingled with waste or excreta. Owners must
30 inspect food and water daily and if waste, excreta, or other
31 excessive foreign matter, is present, Owners shall immediately
32 replace the contaminated food or water.
33 (v) Provide sufficient space to allow the dog to turn about, stand,
34 and sit freely; to lie down in any position it would be able to if it
35 were not in an enclosure; and to walk without crouching or
36 stumbling.
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1 1. Dogs shall be provided with a minimum of six square
2 feet of space to sit or lie down such that they are not sitting in waste
3 or other excreta
4 (vi) The interior height of an animal enclosure must be at least 12
5 inches higher than the head of the tallest dog in the enclosure when
6 it is in a normal standing position.
7 e. Animal enclosures and food and water receptacles for dogs must be
8 sanitized at least once every two weeks and more often if necessary to
9 prevent an accumulation of dirt, debris, food waste, excreta, and other
10 disease hazards using steam under pressure or washing with soap and hot
11 water so as to remove all organic material and mineral buildup, followed
12 by a clean water rinse.
13 f. Outdoor housing areas using material that cannot be sanitized using the
14 methods provided in paragraph ( e) of this section, such as grass, shall be
15 sanitized by removing all contaminated material in order to prevent
16 odors, diseases, pests, insects, and vermin infestation.
17 (ca) Tethering. Any person who owns or any person who is in charge of any
18 animal kept as a pet who confines that animal outdoors on private property must provide
19 the animal with:
20
21 (1) Food and potable water; and
22 (2) Provide protection from the direct rays of the sun; the direct effect of wind
23 and rain; and all other elements at all times; and
24 (3) Periodic supervision, which shall mean that each animal shall be attended
25 to at least once during every twelve consecutive hours; and
26 (4) Adequate space for exercise, which shall mean no less than 150 square feet
27 per animal; and
28 (5) A fenced yard or animal enclosure that is sufficient to prevent the animal
29 from escaping; or
30 (6) A tether under the following circumstances:
31 a. Any person who owns or any person who is in charge or in control
32 of any animal that is under the age of six months shall not tie, chain or otherwise
33 tether the animal outdoors.
34 b. Any person who owns or any person who is in charge or in control
35 of any animal that is over the age of six months shall not tie, chain, or otherwise
36 tether the animal kept as a pet outdoors between the hours of 10:00 a.m. and 5:00
37 p.m. except that an animal kept as a pet of any age may be temporarily tethered,
38 tied or chained outdoors for a total time period not exceeding fifteen minutes. At
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1 other times, it is permitted to tie, chain or otherwise tether an animal kept as a pet
2 that is over the age of six months outdoors if the pet is collared by a properly
3 fitting, non-choke type collar or a body harness that is fastened to either:
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5 1. A tether that is at least three times the body length of the
6 animal measured from the animal's nose to back of the hindquarters, and
7 that is free from entanglement; or
8 2. An overhead run, which is a leash or chain attached to an
9 overhead wire at lease ten feet long, that allows the animal to move
10 unheeded.
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12 (d) Nothing in this section shall be construed to prohibit an owner or keeper
13 from controlling an animal kept as a pet by the handheld use of a rope, leash or chain.
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15 (ee) It shall be unlawful for any person to abandon or set loose, with the
16 intention of avoiding the responsibility for the custody and care of, any domestic animal
17 within the limits of the city.
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19 SECTION 4. Codification of this Ordinance is hereby authorized and directed.
20 SECTION 5. All ordinances or parts of ordinances in conflict herewith be, and
21 the same are, hereby repealed to the extent of such conflict.
22 SECTION 6. If any clause, section, other part or application of this ordinance is
23 held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application,
24 it shall not affect the validity of the remaining portions or applications of this ordinance.
25 SECTION 7. This Ordinance shall become effective immediately upon adoption.
26 FIRST READING, this ~ day of Jo...)\JNt ,2009.
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1 SECOND, FINAL READING AND PASSAGE, this L day of Feb. ,2009.
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3 CITY OF BOYNTON BEACH, FLORIDA
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7 ~yor-J TayY
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12 Comm' sioner - Ronald Weilan
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16 ATTEST:
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CommISSIOner - Marlene Ross
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