O91-36ORDINANCE NO. 091-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 4 ARTICLE II. DOOS. BY
DELETING SECTION 4-39. ENTITLED
"DAMAGING PROPERTY OF ANOTHER." IN ITS
ENTIRETY AND CREATING A NEW SECTION 4-39
ENTITLED "DAMAGE TO PROPERTY BY ANIMALS;
ANIMALS PROHIBITED FROM CITY-OWNED PARK
OR RECREATION AREA; PENALTY"; PROVIDING
THAT EACH AND EVERY OTHER PROVISION OF
CHAPTER 4. ARTICLE II. NOT SPECIFICALLY
HEREIN AMENDED SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ENACTED;
PROVIDING A CONFLICTS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING
AUTHORITY TO CODIFY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach has deemed it to be in the best interests of the
citizens and residents of the City of Boynton Beach in order
to protect the health, safety and welfare of said citizens
to enact the following ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That Chapter 4. Article II. Dogs.
Section 4-39. entitled "Damaging property of another." is
hereby deleted in its entirety and a new Section 4-39 is
hereby created, entitled "Damage to property by animals;
animals prohibited from city-owned park or recreation area;
)enalty.", as follows:
Sec. 4-39. Damage to property by
animals; animals prohibited from
city-owned park or recreation area;
penalty.
(a) It shall be unlawful for the
owner or any person having custody of
any dog or other animal to permit,
either willfully or by failure to
exercise due care or control, any dog or
other animal to enter upon or damage the
property of the City of Boynton Beach,
or to damage the property of another,
whether said animal is leashed or
unleased. For purposes of this section,
the leaving or dropping of fecal matter
by any dog or other animal upon the
property of another, or upon the
property of the City of Boynton Beach,
shall be deemed to cause damage
thereupon. If such dog or other animal
damages property as provided herein, the
owner or other person having custody or
control of such dog or other animal
shall be required to immediately remove
and dispose of such fecal matter or
other droppings, or upon his failure to
do so, shall be fined as provided in
paragraph (d) hereof.
(b) For purposes of this section,
the property of the City of Boynton
Beach shall include but shall not be
limited to any and all public streets,
sidewalks, parks, buildings, as well as
lawns and driveways adjacent thereto;
the term "property of another" shall
include the driveways, lawns and swales
of single-family residential homeowners
as well as common halls in any apartment
house, tenement house, hotel or other
mulitiple dwelling; any entranceway,
stairway or wall immediately abutting on
a public sidewalk; any theater, shop,
store, office building, and any other
building used in common by the public.
(c) In the event that any dog or
other animal shall cause damage upon any
property of another or upon the property
of the City of Boynton Beach, proof of
the occurrence and proof of the identity
of the owner or other person having
custody or control of the dog or other
animal shall be sufficient to convict
the person owning or having charge or
control of the animal violating the
terms and conditions of this ordinance.
(d) The penalty for any violation
of this section shall be a fine of not
less than twenty-five dollars ($25.00)
nor more than five hundred dollars
($500.00).
Section 2. That each and every other provision of
lhapter 4. Article II. not herein specifically amended shall
remain in full force and effect as previously enacted.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 4. 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 5. Authority is hereby granted to codify said
ordinance.
Section 6. This
immediately upon passage.
FIRST READING this
1991.
SECOND,
ordinance shall become effective
day of /~Y ,
FINAL READING and PASSAGE this ~ day of
, 1991.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ssioner /
(Corporate Seal)
AMD4-39.ORD
4/19/91-YT
REV. 4/23/91JAC
4/30/91-YT