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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 {00013554 DOCX 1 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 {00013554 DOCX 2 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 (00013554 DOCX } 3 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 � {00013554 DOCX } 4 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 , O {00013554 DOCX } 5 it s . x i . ..,,... , ,.,„. ... .... ■ • , A , , ■ , . \ .■ , ■ . r , ', J . .. • l ' , ; :l' '' , . .*:''' ' .54 ' i i J . , ...- . . . .tr .. . , 4 0 1 " , Yr . '• .. ik i ■ 7 - • r , ,,.' ', ' ' 5' '''''' ' 4 -, .'....`411 ,,, , ,, i',:p .•,,,,,,,,,,,,,,,,, • e i - ' , ' . ' . - ' ' \ c ''' : : : ''' ' ' ,.: . . .,. ' . . , • . 111 PLEASE CLEAN UP AFTER YOUR DOG. •: .--„,i..,,,,.7..-,-r„.. Bag that poo - any: - „-- . * ..-.: ,!Iri.'iti-,,t,,....-4.t.,. i , -- ,--„- , f --/ Better there than , r , r , . , . ' , . ■ . . ■ . ..' .' 4,.... Dog was does not hi waste. It sikks around fort Meanwhile, it contains - : . ' 'r ■ [IL,,. ,„ . r r.: r .:'krilligifir•‘ ' pollutes ground water ande-- the boltorn of a shoe. ..., w . and neighborhoods clear , up your dog waste. Leas. ,... het4,,,, are alloimld at this park( restrooms). Please entail:' Boynton Beach ' , ' R. reCt0 1 • ,:. , g r ', r . r i ' :1 11 ■.'''' ' :' :