14-007 1 ORDINANCE NO. 2014 -007
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 1 FLORIDA, AMENDING PART II, CHAPTER 4 OF THE CITY
5 CODE OF ORDINANCES ENTITLED "ANIMALS & FOWL ", BY
6 SPECIFICALLY AMENDING SECTION 4 -33 ENTITLED
7 "DAMAGING PROPERTY; PRESENCE IN CITY OWNED PARK
8 OR RECREATION AREAS PROHIBITED" TO PERMIT
9 LEASHED DOGS IN JAYCEE, BOYNTON LAKES, DEWEY AND
10 INTRACOASTAL PARKS; AMENDING PART II, CHAPTER 16 OF
11 THE CITY CODE OF ORDINANCES ENTITLED "PARKS AND
12 RECREATION ", BY SPECIFICALLY AMENDING ARTICLE II,
13 DIVISION 2, SECTION 16 -39 ENTITLED "ANIMALS
14 PROHIBITED" TO PERMIT LEASHED DOGS IN JAYCEE,
15 BOYNTON LAKES, DEWEY AND INTRACOASTAL PARKS;
161 PROVIDING FOR CODIFICATION; PROVIDING FOR
17 ; CONFLICTS; PROVIDING FOR SEVERABILITY; AND
181 PROVIDING FOR AN EFFECTIVE DATE.
19
20 WHEREAS, Section 4 -33 of the City Code of Ordinances provides that it is
21 unlawful for any person to permit any animal to enter upon the property of the City, whether
22 i said animal is leashed or unleashed; and
23 1} ! WHEREAS, Section 16 -39 of the City Code of Ordinances prohibits dogs and other
,
24 domestic animals on any designated beach or park area at any time whether muzzled,
25 leashed or unleashed; and
26 WHEREAS, the City Commission has considered and determined that allowing
27 leashed dogs in certain City parks or limited areas of certain City parks would promote and
28 facilitate the enjoyment of these open public spaces by the community; and
29 WHEREAS, the City Commission has considered which City parks are most
30 amenable to use by citizens desiring to bring their leashed dogs to a City park; and
31 WHEREAS, the City Commission finds that permitting leashed dogs within the
32 areas of City parks specified herein promotes and encourages the public interest by
33 providing an opportunity for exercise and the enjoyment of the environment by both dog
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1 owners and their canine companions.
2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
3 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
4
5 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
6 being true and correct and are hereby made a part of this Ordinance.
7 Section 2, Part II, Chapter 4, Section 4 -33 of the City Code of Ordinances entitled
81 "Damaging Property; Presence in City Owned Park or Recreation Areas Prohibited" is
9 hereby amended as follows:
10 Section 4 -33 Damaging Property; Presence in City Owned Park or Recreation Areas
11 Prohibited.
12
13 j (a) It shall be unlawful for the owner or any person having custody or control of any animal
14 to permit, either willfully or by failure to exercise due care and control, any animal to enter
15 upon or damage the property of the city or the property of another, whether said animal is
16 leashed or unleashed. For purposes of this section, the leaving or dropping of fecal matter by
17 any animal upon the property of another, or upon the property of the city, shall be deemed to
18 cause damage thereupon. If such animal damages property as provided herein, the owner or
19 other person having custody or control of such animal shall be required to immediately
20 remove and dispose of such fecal matter or other droppings, and upon his failure to do so,
21 shall be fined in accordance with Section 2 -91 of this Code.
22 (b) For purposes of this section, the property of the city shall include but not be limited to
23 any and all public streets, sidewalks, parks, and buildings, including the lawns and driveways
24 adjacent thereto. The term, "property of another" shall include, but not be limited to
25 driveways, lawns, swales, and buildings of residential and commercial property owners.
26 (c) In the event that any animal shall cause damage upon the property of the city or the
27 property of another, proof of the occurrence and proof of the identity of the owner or other
28 person having custody or control of the animal shall be sufficient to find the person owning of
29 having control or custody of the animal guilty of violating the terms and conditions of this
30 section.
31 (d)(1) Notwithstanding the animal restrictions provided in this Section, dog owners are
32 hereby authorized to bring and have possession or control of leashed dogs within the
33 following specified City parks, subject to the limitations, restrictions, and regulations
34 provided for herein:
35 a. Jaycee Park (excluding restrooms and playground area);
36 b. Boynton Lakes Park (excluding playground area);
37 c. Dewey Park; and
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1 d. Intracoastal Park (excluding restrooms, playground and seawall/boat launching
2 areas).
3 For purposes of this section, a playground area shall mean an improved area that is designed,
4 equipped, and set aside for children's play.
5 (2) The authorization provided for herein for dog owners to bring and have possession or
61 control of leashed dogs in the specified City parks is conditioned on and subject to strict
7 compliance with the limitations, restrictions, and regulations provided for herein and
8 all applicable provisions of the Animal Control Ordinances of the City and Palm Beach
9 County (cumulatively "Animal Control Ordinance "), including but not limited to the
10 following:
111 a. The authorized activities are limited to the posted hours of operation for each
121 respective park.
13?
141 b. Dog owners are responsible for the conduct and supervision of their dogs.
151
16 c. Dog owners must have their dog(s) under control at all times and on a leash not longer
17 than eight feet in length. Any dog not on an appropriate leash is deemed "at large"
18 and constitutes a violation of section 4 -31 of the Code of Ordinances.
19
20, d. Dogs must be at least four (4) months old and have all vaccinations and licenses
21 required by Sections 4 -30, 4 -36 and 4 -37 of the City Code of Ordinances. Failure to
22 ! meet such vaccination and licensing requirements constitutes a violation of the Animal
23 Control Ordinance.
24
25 e. Dog owners must clean up and properly dispose of their dog's waste. Failure to do so
26 constitutes a violation of the Animal Control Ordinance.
27
28 f. Dog owners shall remove their dog from the park at the first sign of aggression toward
29 any person or other dog.
31 (3) For purposes of this Section, the term dog owner shall mean and include any person who
3 brings or has possession or control of a dog in any specified City park or area or as that term
32 is otherwise defined in section 4 -1 of the Code of Ordinances. If such person is under the age
33 of eighteen (18) years or otherwise legally incapacitated, that person's parent or guardian shall
3 ensure compliance with all applicable limitations, restrictions, and regulations by such person.
3 Section 3. Part II, Chapter 16, Article II, Division 2, Section 16 -39 of the City
3. Code of Ordinances entitled "Animals Prohibited" is hereby amended as follows:
3 Section 16 -39 Animals Prohibited.
3: No person shall have, or be permitted to have, any dog or other domestic animals on any
3 • designated beach or park area at any time whether muzzled, leashed or not, except as
41 authorized in Section 4 -33. Animals used by law enforcement or service animals, trained to
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1 aid persons with disabilities, shall be exempt from this section.
2
3 Section 4. City Staff is directed to report to the City Commission in twelve (12)
4 months to report on implementation successes and challenges, and recommend continuance,
5; expansion, or revocation of the Ordinance permitting dogs in parks.
6: Section 5. City Staff is authorized to take all steps necessary to effectuate the
71 intent of this ordinance.
8 Section 6. It is the intention of the City Commission of the City of Boynton Beach
9; that the provisions of this Ordinance shall become and be made a part of the Code of
10 Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may be
11, re lettered and the word "Ordinance" may be changed to "Section ", "Article" or
12 such other word or phrase in order to accomplish such intention.
13 Section 7. All Ordinances or parts of Ordinances, Resolutions or parts of
14 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
151 conflict.
+I t
161 Section 8. If any clause, section, or other part or application of this Ordinance
17 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
18 unconstitutional or invalid part or application shall be considered as eliminated and so not
19 affecting the validity of the remaining portions or applications remaining in full force and
20 effect.
21 Section 9. This Ordinance shall become effective upon adoption.
22
23
a �
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1
2 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 20 DAY OF May,
4 2014.
5
6 PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF
7 BOYNTON BEACH, FLORIDA, ON THE SECOND AND FINAL READING, THIS
8 3 OF June, , 2014.
9
10 VOTE CITY OF BOYNTON BEACH, FLORIDA
11
12
13 ! AYE �
141 . • r - Je r, ay .e
151
16
17 AYE '•'
18 Vice ayor —Joe Casello
19'
20 t
211 AYE
22 Commoner — David T. l e ker
23 P-
24
25 AYJ
26 issioner — M. cCray
27
28 /y"
29 AYE wI
30 Commissioner — Michael . Fitzpatrick
31
32
33 ATTEST:
34
35
36 S 4/ . a ).
37 Jan; M. Prainito, MMC
38 1 • y Clerk
39
40 ‘1- Y
41 (•
42
43
44 ,
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111
PLEASE CLEAN UP AFTER YOUR DOG.
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Bag that poo - any: -
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waste. It sikks around fort
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pollutes ground water ande--
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up your dog waste. Leas. ,...
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are alloimld at this park(
restrooms). Please entail:'
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