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O97-47ORDINANCE NO. 097-~/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 4, ANIMALS AND FOWL, OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES TO DELETE SECTIONS 4-1 THROUGH 4-51 OF CHAPTER 4 IN THEIR ENTIRETY, RESERVING SAID SECTIONS; PROVIDING FOR THE CREATION OF SECTIONS 4-1 THROUGH 4-38; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Part II, Chapter 4 of the Code of Ordinances governs the regulation and control of animals within the City; and WHEREAS, through public input and investigation by City staff, it has come to the attention of this Commission that Part II, Chapter 4 of the Code of Ordinances should be deleted and replaced with provisions conforming with existing state and local laws; and WHEREA~, the City' Commission of the City of Boynton Beach has been advised by the public and City staff of the need to replace Part II, Chapter 4 to deal with the growing incidence of stray, unleashed, unlicensed and abused animals, and to address the changes which accompany a growing community; and WHEREAS, the City Commission has determined that effective animal control includes the licensing of certain animals, impoundment of strays, operation of an animal control center, disposition and adoption of animals, prohibiting certain acts contrary to the public health and general welfare, administration of vaccination programs, animal birth control, and protection of animals against cruelty; and WHEREAS, the City Commission deems such amendments necessary to promote the public health, safety and general welfare of the citizens of Boynton Beach and to ensure the humane treatment of animals by regulating the care and control of animals within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COS~4ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Section 4-1 through 4-51 of Part II, Chapter 4 of the City of Boynton Beach Code of Ordinances is hereby deleted in its entirety. Section 2. Part II, Chapter 4 of the City of Boynton Beach Code of Ordinances is hereby created by adding the words and figures as follows: Sec. 4-1. 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: (a) "Animal" shall include every living dumb creature, domestic and wild. (b) "Animal control center" shall mean any facility operated by the City, county or humane society for the temporary care, confinement and detention of animals and for other disposition of animals. (c) "Animal control officer" shall mean an animal control officer of the City, who is an employee or agent of the City, designated to administer and enforce the licensing, inspection and enforcemenn requirements contained within Chapter 4 of the Code of Ordinances. (d) "At large" shall mean off the premises of the owner and not under the control, custody, charge or possession of the owner, or other responsible person capable of restraining the animal, either by leash, cord, chain or other humane means of physical restraint. (e) "Business" shall mean holding oneself out, either expressly or implicitly, to the public or a portion of the public on a continual, regular and permanent basis for livelihood or profit. (f) "Dangerous or vicious animal" shall mean any animal of fierce or dangerous propensities which is likely to cause injury to persons or damage to property, or any animal which exhibits traits which are ungovernable, or any animal which has bitten one or more persons without provocation on two separate occasions within a period of six months. (g) ~Disposition" means adoption, quarantine, voluntary or involuntary custodianship or placement or euthanasia humanely administered to an animal. The term also includes the placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location. (h) ~Exotic animal" means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, emu, ostrich, member of the feline species other than domestic cat (felis domesticus), member of the canine species other than domestic dog (canis familiaris), or any other animal that would require a standard of care and control greater than that required for customary household pets sold by. commercial pet shops of domestic farm animals. (i) "Guard dog" shall mean any type of dog used primarily for the purpose of defending, patrolling or protecting property or life and which is commercially or privately owned to perform these services when the owner(s) of the business or premises is/are not present. (j) "Hobby breeder" shall mean any person who owns or breeds pure-bred dogs or pedigreed cats primarily for personal recreational use. Personal recreational use may include participation in recognized conformation shows, hunting, field or obedience trials, racing, coursing, scenting, specialized hunting, or water trials, and may include improving the physical soundness, temperament and conformation of a given breed to standard or for the purpose of guarding or protecting the owner's property. (k) "Impoundment,' means the taking into custody of an animal by any police officer, animal control officer, or other authorized representative thereof. (1) "Kennel" shall mean any place of business at which dogs or cats are kept for sale, breeding, boarding, treatment, training or grooming purposes. The word "kennel" shall not include any humane society, animal protection agency, veterinary clinic or hobby breeder. (m) "Owner" shall mean any person owning, having temporary or permanent custody of, sheltering, exercising control over, harboring or keeping any animal. (n) "Pet shop" shall include any place or premises where the primary purpose is the keeping of pet animals for resale. (o) "Public nuisance animal" means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substan%ially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term ~public nuisance animal" shall include, but not be limited to: 1 Any animal that is repeatedly found running at large; 2 Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by leash or similar physical restraint; 3 Any animal that damages, soils, defiles or defecates on any property other than that of its owner; 4 Any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking, whining, or other utterances causing a disturbance to neighbors or others in close proximity to the premises where the animal is kept or harbored; 5) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; Any animal in heat that is not confined so as to prevent attraction or contact with other animals; Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way; 8 Any animal that chases motor vehicles in a public right-of-way; 9 Any animal that attacks domestic animals; 10) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; il) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities. (6) 7 (p) "Sanitary" means a condition of good order and cleanliness to minimize the possibility of disease transmission. (q) "Stable" shall be held to include those premises at which horses are kept commercially for boarding, riding, breeding, or resale purposes. (r) "Torture, torment, cruelty" shall include every act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue when there is reasonable remedy or relief. Cruelty shall also include the failure to provide an animal with proper food, drink, shelter, or protection from weather. (s) ~Under restraint" means that an animal is secured by a leash, lead under the control of a person physically capable of restraining the animal and obedient to that persons commands, or securely enclosed within the real property limits of the owner's premises. (t) ~Wild animal" means any live monkey, non-human primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx, or any other warm blooded animal that can normally be found in the wild state. This term shall not include domestic dogs (but does include hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. Sec. 4-2. Cruelty generally. (a) Whoever willfully and maliciously kills, strikes, maims or disfigures any dog, cat or other animal or willfully and maliciously administers poison to any such animal or exposes any poisonous substance with the intent that it shall be taken and swallowed by any animal shall be deemed in violation of this chapter. Any person using reasonable force in defending his animals, livestock or a human being from attack by another animal shall be excluded from the provisions of this section. (b) A person who unnecessary overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily or cruelly beats, mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, is in violation of this chapter. (c) A person who tortures any animal with intent to inflict intense pain, serious physical injury, or death upon an animal is in violation of this Chapter. (d) The animal control officer shall impound any animal found to have been cruelly treated, as defined in this section. 5 (e) Any person(s) who shall violate any provision of this section shall be assessed a civil penalty in the amount of $250.00 for the first offense, and $500.00 for any offense thereafter. (f) This section providing for civil penalties for violation of the Code of Ordinances does not preclude the City of Boynton Beach from enforcing Sections 828.12(1) and 828.12(2), Florida Statutes through the State Attorney's Office. Sec. 4-3. Poisoning. It shall be unlawful to poison any animal or distribute poison in any manner with the intent or purpose of poisoning any animal, excluding rodents. Sec. 4-4. Manner of keeping and treating animals generally; abandonment. (a) It shall be unlawful for any person to keep animals under unsanitary or inhumane conditions; to refuse or fail to provide water and nutritious food daily; shelter from hot, stormy, cold or inclement weather; clean quarters; humane care and treatment; and medical attention for sick, diseased or injured animals; as well as to fail to inoculate against disease, according to the species of animal kept. (b) It shall be unlawful for any person to abandon or set loose, with the intention of avoiding the responsibility for the custody and care of, any domestic animal within the limits of the city. Sec. 4-5. Teasing and molesting animals. It shall be a violation of this article for any person to tease or molest any animal of another. Sec. 4-6. Bird sanctuary declared; unlawful to molest, shoot and catch birds. (a) The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary. (b) It shall be unlawful for any person to trap, hunt, shoot, molest'or attempt to trap, hunt, shoot or molest any bird or wild fowl in any manner or to rob bird nests or wild fowl nests; provided, however, if starlings or similar birds are found to be congregated in any particular locality within the city to the extent that complaint is made to the city manager that such birds constitute a nuisance or menace to health or property, then a meeting shall be called by the cit~ manager of representatives of the Audobon Society, Bird Club, Garden Club, Humane Society, or as many clubs as are sound to exist in said city, after having given at least three (3) days actual notice of the time and place of said meeting. Thereupon, if as a result of said meeting, no acceptable alternate is found to abate such nuisance, then such birds may be destroyed in such numbers and in such manner as is deemed advisable by the city manager under the supervision of the chief of police or such other officer as may be designated by the chief of police. (c) Any person who shall violate anY of the provisions of this section shall be assessed a Class IV civil penalty of Two Hundred Fifty ($250.00) Dollars. Sec. 4-7. Unlawful to keep stray animal. It shall be unlawful for any person in the city to harbor, feed, and/or keep any stray animal unless he or she notifies the Animal Control Division of the city within twenty-four (24) hours from the time the animal came into his or her possession. Upon receiving such notice, an animal control officer may take such animal and place it in the animal shelter. Upon demand by an animal control officer of the city, the stray animal shall be surrendered to the animal control officer. Failure to surrender the stray animal shall constitute a violation of this chapter. Sec. 4-8. Maintaining place for fighting. It shall be unlawful for any person t© maintain any place where fowl, dogs or other animals are suffered to fight upon exhibition or for sport upon any wager. Sec. 4-9. Indecent exhibitions. It shall be unlawful for any person to let any male animal to any female animal unless the same is done in some place wholly enclosed and out of public view. Sec. 4-10. Duty to remove dead animals from public streets and Squares; cost. The owner of dead animals upon the public streets and squares shall, immediately upon notification, remove the same so as not to constitute'a nuisance. If the owner fails to do so the city shall remove and dispose of such carcass, and charge the owner of the carcass, if known the sum of twenty ($20.00) dollars for such removal and disposition. Sec. 4-11. Removal of dead animals from private property. When any dead animal is found on private property, the owner of the dead animal or the owner of the premises upon which such animal is located shall, when notified, remove the same immediately at his own cost. Upon failure to do so within a reasonable time, the city shall remove same, the sum of twenty ($20.00) dollars to be collected from the offending party. Sec. 4-12. Injuring animals, action required. It shall be unlawful for any person injuring any animal by running over or into the same, or coming into contact with the same, with a motor vehicle, motorcycle, bicycle, or other means of transportation, to fail to immediately notify the owner of such potential animal, the animal control officer, or the police department of the city. Sec. 4-13. Animals creating nuisance. (a) It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the City when 'the keeping of such animal constitutes a public nuisance or menace to public health and safety. (b) Any dog, cat, household pet or other animal which habitually barks, whines, howls or causes other objectionable noise; or which is at large or chases or runs after persons or vehicles; or which destroys or damages any property of another person; or which causes serious annoyance to a neighboring residence or interference with the reasonable use and enjoyment of that person's property; or which emits offensive odors; or which creates filthy or unsanitary conditions; or which is otherwise offensive to the public So as to annoy, disturb, injure, or endanger the comfort, repose, health, peace or safety of the citizens and residents of the city, is hereby declared to be a public nuisance, and is an act in violation of this chapter. (c) Any person who is the owner of such a dog, cat, 8 household pet or other animal as described in subsection (a) of this section; or who keeps or maintains such an animal on his or her premises, is guilty of maintaining a public nuisance, and is in violation of this chapter. (d) In addition to the penalties provided in this chapter for the violation of the provisions hereof, the city may institute any lawful civil action or proceeding to prevent, restrain or abate any acts or failures to act hereunder, which constitute a public nuisance. (e) The animal control officer shall investigate an alleged violation of this section upon receipt of two (2) sworn affidavits of complaint provided by Animal Control signed by two (2) unrelated Palm Beach County residents living in separate dwellings in close proximity to the site of the alleged violation. Said affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner or custodian, if known, and a description of the animal ,if known. (f) An animal control officer upon the receipt of two (2) sworn affidavits of complaint as provided in subsection (e), may issue a citation to the owner or custodian of any animal alleged to be in violation of this section. (g) It shall be unlawful and shall constitute a public nuiSance for any person to feed any wild or exotic animal, including but not limited to ducks and pigeons. Sec. 4-14. Animal waste. The owner or custodian of every animal shall be responsible for the immediate removal and disposal of any excreta deposited by his or her animal on public walks, public property, recreation areas or private property of others. Sec. 4-15. Vicious animals. It shall be unlawful for any owner to keep any vicious, fierce, or dangerous animal within the city unless it is confined within a secure building or enclosure or unless it is securely muzzled and under the restraint of a competent person who by means of a leash, chain or rope has such animal under control at all times. An animal may be declared to be vicious by the direction of the city animal control officer on the showing that the animal has bitten a person without provocation on two (2) separate occasions 9 within a period of six (6) months or if such animal shows fierce or dangerous propensities which if unrestrained are likelY to cause injury to persons other than the owner. This declaration of viciousness shall be delivered in writing to the owner. Sec. 4-16. Procedure when dog bites a person. Whenever any dog bites a person, the owner of said dog shall notify the animal control division, who shall immediately notify the county health department. Sec. 4-17. Animals injuring, killing other animals. Any person who owns or has in his or her possession and under his control any animal which the person knows to have injured or killed or to be in the habit of injuring or killing other animals belonging to other persons and who knowingly permits and allows such animal to run at large is deemed to be in violation of this chapter. Sec. 4-18. Keeping livestock, poultry, exotic and wild animals in city. It shall be unlawfUl to keep, maintain or pasture horses, cattle, mules, goats, sheep, swine, fowl, poultry, or other livestock within the city. It shall be unlawful to keep, harbor or maintain any exotic or wild animal within the city. Sec. 4-19. Livestock, poultry, exotic and wild animals running at large prohibited; impounding authorized. It shall be unlawful for any livestock, including fowl and poultry, ~exotic animal or wild animal, to run at large on public or private property within the city and it shall be the duty of the police and animal control, upon information and view, to cause any such animal, fowl or poultry running at large to be impounded in accordance with the provisions of this article. Sec. 4-20. Impounding authorized; redemption. (a) Impounding authorized. Any dog, cat or other animal found in the city that has not been registered and licensed as provided in section 4-27, or otherwise in violation of this Chapter, shall be impounded by the city. 10 (b) Any animal found to be in violation of this chapter, the laws of the state or county, and is picked up for such violation by any law enforcement officer or animal control officer, and whose owner cannot readily be found, shall be impounded. (c) Any animal that is reasonably believed to have been abused or neglected, that a court of competent jurisdiction has ordered impounded or destroyed, or that is considered unattended or abandoned shall be impounded. (d) Any dog, cat, household pet, or other animal found running at iarge within the city limits in violation of this chapter; or any dog, cat, household pet, or other animal suspected or believed to be infected with rabies or any apparent infectious or contagious disease shall be apprehended and placed in the city animal control center. (e) Any animal apprehended under this chapter which is suspected to have or exhibit symptoms of having any infectious or contagious disease shall be segregated from other impounded animals in the animal control center. Subsequent to the impounding of such animals in the animal control center, the City shall notify the county animal control officer to pick up such animals pursuant to Chapter 832, Florida Statutes. (f) Ail animals impounded pursuant to this chapter shall be held at the city's animal control center for at least seventy-two (72) hours to give lawful owners sufficient time to locate and redeem their animals prior to transferring such animals to the county animal control center. Should such animal have an infectious or contagious disease or other medical disorder requiring medical attention, the animal shall be transferred to the county animal control center as soon as practicable. (g) Before an animal may be adopted from the city animal control center, it must be in the possession of the animal control center for seven (7) consecutive days. Sec. 4-21. Notice of impounding of licensed dogs and cats. It shall be the duty of the animal control officer to cause notice to be given to the registered owner of any licensed dog or cat impounded under the provisions of this article. Sec. 4-22. Impounding fees, charges. 11 The fees for the impounding of any animal by Animal Control under this article shall be as follows: (a) Twenty {$20.00) dollars for first impounding within any twelve (12) month period; (b) Thirty ($30.00) dollars for second impounding within any twelve (12) month period; (c) Fifty ($50.00) dollars for third impounding within any twelve (12) month period. In addition to the fees enumerated above, a fee of five ($5.00) dollars per day shall be charged for keep of the animal, and a fee of three ($3.00) dollars for each flea spraying. These fees shall be in addition to the other requirements of the animal control regulations pertaining to inoculation and license fees. The owners, keepers or harborers of impounded animals shall pay -all fees accrued to the City at the time the animal is released to them by the animal control officer. Sec. 4-23. Disposition of animals impounded for the third time. Notwithstanding any other provisions of this code, any animal which is impounded for the third time may be transferred by animal control directly to the county animal control authorities. Sec. 4-24. Release or interference with impounded animals. Any person who after the impounding of any animal under any of the ordinances of the city, shall release or attempt to release or in any manner interfere with such animal, or with the safekeeping thereof until after such animal be released in accordance with the ordinances, shall be g~ilty of a violation of this code. Sec. 4-25. Adoption of Regulations; animal control centers; personnel. The city shall promulgate such rules and regulations, hire such personnel and designate such areas for animal control centers as necessary to carry out and implement the purposes set forth in this chapter. Sec. 4-26. Records. 12 The city animal control officer shall keep and maintain records of the impoundment and disposition of all animals processed by animal control, and shall record the names and addresses of persons to whom the animals are released, and the date of release. Sec. 4-27. Enforcement. (a) The City animal control officer shall be charged with the responsibility of carrying out the provisions of this article, except that any activity which requires the power of arrest shall be performed by law enforcement officers only. (b) The city's animal control officers have the authority to issue citations pursuant to Section 4-51 of this chapter, and all law enforcement officers may issue written citations to owners of animals in violation of this chapter within the City limits. In lieu of writing citations, any law enforcement officer shall have the power to arrest. (c) It shall be a violation of this chapter for any person to knowingly hinder, resist or oppose any officer or employee of Animal Control in the performance of his or her duties under this chapter, or knowingly interfere with any animal trap set by such officers or employees, or molest or release any animal caught therein. d) If any owner refuses to permit an animal control officer or a law enforcement officer to enter the premises to enforce this chapter, such officer shall contact the police department and proceed on the owner's premmses in the company of a police officer, with such legal warrant or other documents of authority as is necessary to lawfully enter the owner's premzses for the purpose of enforcing this chapter. Sec. 4-28. Agents for protection of animals. The county or any society or association for the prevention of cruelty no children or animals organized under the laws of the State of Florida, may appoint agents for the purpose of investigating violations of any provision of Chapter 828, Florida Statutes or of any other law of the state, for the purpose of protecting children and animals or preventing acts of cruelty to them. Ail appointments of such agenns by such societies or corporations exzsting or working in the city must have approval from the city commission, and a record of such appointment shall be kept by the city clerk. 13 Sec. 4-29. Kennel, stable, grooming parlors and pet shops. Every person who owns or operates a kennel, pet shop, stable, or grooming parlor must comply with the regulations of the City; and in the absence thereof, with the regulations provided by 'the county pertaining to kennels, pet shops, stables, and groominc parlors shall prevail. Sec. 4-30. Application of Palm Beach County Code of Ordinances and Chapter 828, Florida Statutes. (a) In the absence of any regulations of the city to the contrary, the Palm Beach County Animal Care and Control Rules, as codified in the Palm Beach County Code of Ordinances, shall prevail. (b)_The City hereby adopts the provisions of Chapter 828, Florida Statutes, as amended from time to time. (c) In the event this chapter conflicts with the Palm Beach County Code of Ordinances or Florida State Statutes, the more strict provisions shall control. Sec. 4-31. Running at large prohibited. No person owning, harboring or having in his or her possession any dog or cat shall permit or allow such dog or cat to run at large within the City, or allow such dog or cat to be upon any street, boulevard, road or alley of city, unless accompanied by an attendant who shall have such dog or cat firmly held by collar and leash, which leash shall not exceed eight feet in length. Sec. 4-32. Leash law and presumptions. It shall be unlawful for any person who is the owner, keeper or harborer of any dog, cat or household pet or other animal to permit or allow such animal to be off such person's private property, unless such animal is under the restraint or control of a competent person who is physically capable of restraining and controlling the animal, by means of a chain, leash, cage, or other humane means of restraint. Ail dogs, cats, and other household pets must be securely confined to the real property of the person who is the owner, keeper or harborer of the animal. Sec. 4-33. Damaging property; presence recreation areas prohibited. in city owned park or (a It shall be unlawful for the owner or any person having custody or control of any animal to permit, either willfully or by failure to exercise due care and control, any animal to enter upon or damage the property of the city or the property of another, whether said animal is leashed or unleashed. For purposes of this section, the leaving or dropping of fecal matter by any animal upon the property of another, or upon the property of the city, shall be deemed to cause damage thereupon. If such animal damages property as provided herein, the owner or other person having custody or control of such animal shall be required to immediately remove and dispose of such fecal matter or other droppings, and upon ~his failure to do so, shall be fined in accordance with Section 2-91 of this Code. (b) For purposes of this section, the property of the city shall include but not be limited to any.and all public streets, sidewalks, parks, and bUildings, including the lawns and driveways adjacent thereto. The term, ~property of another" shall include, but not be limited to driveways, lawns, ~swales, and buildings of residential and commercial property owners. (c) In the event that any animal shall cause damage upon the property of the city or the property of another, proof of the occurrence and proof of the identity of the owner or other person having custody or control of the animal shall be sufficient toto find the person owning of having control or custody of the animal guilty of violating the terms and conditions of this section. Sec. 4-34. Bitches in heat. It shall be the responsibility of every animal owner to securely confine a female animal in heat in .a secure enclosure inaccessible to other animals from the outside. Sec. 4-35. Restraint of gumrd dogs. (a) Every owner of a guard or attack.dog shall keep such dog confined in a building, compartment, or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six (6) feet in height and shall be topped with an anti-climbing device constructed of angle metal braces with at least three (3) strands of equally separated barbed wire attached between them. (b) Ail anti-climbing devices shall extend inward at an angle of not less than forty-five (45) degrees nor more than ninety (90) degrees when measured from the perpendicular. 15 (c) The areas of confinement shall all have gates and entrances thereto securely closed and locked , and all fences properly maintained and escape proof. (d) The provisions of this Section shall ~ot apply to dogs owned or controlled by government law enforcement agencies. Sec. 4-36 County Registration, license required. (a) Every person who is the owner, keeper or harborer of any dog or cat, which is greater than four (4) months old shall secure from the county, a licensed veterinarian, or by other lawful means, a tag or license for each dog or cat, and shall comply with all county regulations. (b) Ail dogs and cats shall be required to wear a tag, except as may be otherwise specified in this article. 'Any person to whom a tag and license has been issued shall cause the tag to be securely fastened by a substantial device about the dog or cat's neck so as to be clearly visible at all times. Sec. 4-37. Rabies vaccinations. (a) Every person who owns, keeps or harbors a dog or cat over the age of four (4) months within the city shall have such dog or cat vaccinated annually against the rabies virus with a vaccine approved by the U.S. Department of Agriculture and produced or manufactured by authorities licensed by the U.S. Department of Agriculture, and shall comply with all provisions of the county code. (b) The animal control officer shall have the authority to cause the owners of other species to have particular species vaccinated against the rabies virus at such times and in such areas within the city on the recommendation of the county veterinarian to prevent and/or bring under control any outbreak of disease which might constitute a threat to residents of the city. Sec. 4-38. Violations; notice to appear; enforcement. (a) Unless otherwise set forth in this Chapter, any violation of any provision of this chapter is a civil infraction punishable with a maximum civil penalty not to exceed $500.00. The judge shall include all costs, if any, incurred in the capture and impounding of such animal during the period of its retention by Animal Control. (b) A civil penalty of less than the maximum civil penalty is appropriate if the person committing the civil infraction does not contest the citation. ~ (c) Any person who has committed an act in violation 'of this chapter shall receive a citation from the animal control officer of the law enforcement officer who has probable cause to believe that the person has committed a civil infraction in violation of any provision of this chapter. (d) Any person issued a citation shall 'have the opportunity to contest the citation in the County Court of Palm Beach County. (e) If the person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court, or willfully refuses to sign and accept a citation issued by an officer, the court may issue an order to show cause upon request of the governing body of the city. This order shall require such person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. (f) Any person who willfully refuses to sign and accept a citation issued by an animal control officer of a law enforcement officer is guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082 and Section 775.083, Florida Statutes. (g) A surcharge of $5.00 is imposed for each civil penalty imposed for each violation of. the provisions of this chapter. The proceeds of such surcharge shall be used to pay for training of animal control officers. Section 3. Each and every other provision of Part II of the Code of OrdinanCes not herein specifically amended shall remain in full force and effect as previously enacted. SeCtion 4, Ail ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 5. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 6. Authority is hereby granted to codify said ordinance. Section 7. upon passage. This Ordinance shall become effective immediately 1997. FIRST READING this /~ day of~-~~ , 1997. SECOND, FINAL READING AND PASSAGE this ~ day of ~;7~~, ATTEST: Clerk ,oL"..[o, ca~l control~ % CITY OF BOYNTON BEACH, FLORIDA 18