BOYNTON.4 Chapter 4
ANIMALS AND FOWL*
Art. I. In General, §§ 4 - 1 — 4 - 38 (f) Dangerous or v icious animal shall mean
*Cross references - License tax for animal any animal of fierce or dangerous propensities which
hospitals, § 13 - 22(11); for animal or dog grooming is likely to cause injury to persons or damage to
service, § 13 - 22(12); license tax on kennels, § 13 - property, or any animal which exhibits traits which
22(175); animals at bea ches and parks, § 16 - 39. are ungovernable, or any animal which has bitten one
or more persons without provocation on two separate
occasions within a period of six months.
ARTICLE I. IN GENERAL (g) Disposition means adoption, quarantine,
voluntary or involuntary custodianship or placement
or euthanasia humanely administered to an animal.
Sec. 4 - 1. Definitions. The term also includes the placement o r sale of an
animal to the general public, or removal of an animal
The following words, terms and phrases, when from any pet shop to any other location.
used in this chapter, shall have the meanings ascribed
to them in this section, except where the context (h) Exotic animal means any live monkey,
clearly indicates a differen t meaning: alligator, crocodile, cayman, raccoon, skunk, fox,
bear, sea mammal, poisonous snake, emu, ostrich,
(a) Animal shall include every living dumb membe r of the feline species other than domestic cat
creature, domestic and wild. ( felis domesticus ), member of the canine species other
than domestic dog ( canis familiaris ), or any other
(b) Animal control center shall mean any animal that would require a standard of care and
facility operated by the City, county or humane control greater than that required for customary
society for the temporary care, confinement and hous ehold pets sold by commercial pet shops of
detention of animals and for oth er disposition of domestic farm animals.
animals.
(i) Guard dog shall mean any type of dog used
(c) Animal control officer shall mean an animal primarily for the purpose of defending, patrolling or
control officer of the City, who is an employee or protecting property or life and which is commercially
agent of the City, designated to administer and or privately owned to perform thes e services when the
enforce the licensing, inspection, and enforcement owner(s) of the business or premises is/are not
requirements contained within Chapter 4 of the Code present.
of Ordinances.
(j) Hobby breeder shall mean any person who
(d) At large shall mean off the premises of the owns or breeds pure - bred dogs or pedigreed cats
owner and not under the control, custody, charge or primarily for personal recreational use. Personal
possession of the owner, or other responsible person recreational use may include parti cipation in
capable of restraining the animal, either by leash, recognized conformation shows, hunting, field or
cord, chain or other humane means of physical obedience trials, racing, coursing, scenting,
restraint. specialized hunting, or water trials, and may include
improving the physical soundness, temperament and
(e) Business shall mean holding oneself out, conformation of a given breed to standard or for the
either expressly or implicitly, to the public or a purpose of guarding or protecting the owner's
portion of the public on a continual, regular and property.
permanent basis for livelihood or profit.
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(k) Impoundment means the taking into (5) Any animal that causes fouling of the
custody of an animal by any police officer, animal air by noxious or offensive odors and thereby crea tes
control officer, or other authorized representative unreasonable annoyance or discomfort to neighbors
thereof. or others in close proximity to the premises where the
animal is kept or harbored;
( l) Kennel shall mean any place of business at
which dogs or cats are kept for sale, breeding, (6) Any animal in heat that is not confined
boarding, treatment, training or grooming purposes. so as to prevent attraction or contact with other
The word “kennel” shall not include any humane animals;
society, animal protection agency, veterinary clinic or
hobby b reeder. (7) Any an imal, whether or not on the
property of its owner, that without provocation,
(m) Owner shall mean any person owning, molests, attacks, or otherwise interferes with the
having temporary or permanent custody of, freedom of movement of persons in a public right - of -
sheltering, exercising control over, harboring or way;
keeping any animal.
(8) Any animal that chases motor vehicles
(n) Pet shop shall include any place or in a public right - of - way;
premises where the primary purpose is the keeping of
pet animals for resale. (9) Any animal that attacks domestic
animals;
(o) Public nuisance animal means any animal
that unreasonably annoys humans, endangers the life (10) Any animal that causes unsanitary
or health of persons or other animals, or substantially conditions in enclosures or surroundings where the
interferes with the rights of citizens, other than their animal is kept or harbored;
owners, to enjoyment of life or property. The term
public nuisance animal shall include but not be (11) Any animal that is offensive or
limited to: dangerous to the public health, safety o r welfare by
virtue of the number of animals maintained at a single
(1) Any animal that is repeatedly found residence or the inadequacy of the facilities.
running at large;
(p) Sanitary means a condition of good order
(2) Any dog or cat in any section of a park and cleanliness to minimize the possibility of disease
or public recreation area unless the dog or cat is transmission.
contr olled by leash or similar physical restraint;
(q) Stable shall be hel d to include those
(3) Any animal that damages, soils, defiles premises at which horses are kept commercially for
or defecates on any property other than that of its boarding, riding, breeding, or resale purposes.
owner;
(r) Torture, torment, cruelty shall include every
(4) Any animal that makes disturbing act, omission or neglect whereby unnecessary or
noises, including but not limited to continued and unjustifiable pain or suffering is cau sed, permitted or
repeated howl ing, barking, whining, or other allowed to continue when there is reasonable remedy
utterances causing a disturbance to neighbors or or relief. Cruelty shall also include the failure to
others in close proximity to the premises where the provide an animal with proper food, drink, shelter, or
animal is kept or harbored; protection from weather.
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(s) Under restra int means that an animal is (d) The animal control officer s hall impound
secured by a leash, lead under the control of a person any animal found to have been cruelly treated, as
physically capable of restraining the animal and defined in this section.
obedient to that person's commands, or securely
enclosed within the real property limits of the owner's (e) Any person(s) who shall violate any
premises. provision of this section shall be assessed a civil
penalty in the amount of $250.00 for the first offense,
(t) Wild animal means any live monkey, non - and $500.00 for an y offense thereafter.
human primate, raccoon, skunk, fox, leopard,
panther, tiger, lion, lynx, or any other warm blooded (f) This section providing for civil penalties for
animal that can normally be found in the wild state. violation of the Code of Ordinances does not preclude
This term shall not include domestic dogs (but does the City of Boynton Beach from enforcing Sections
include hybrids w ith wolves, coyotes or jackals), 828.12(1) and 828.12(2), Florida Statutes through the
domestic cats (excluding hybrids with ocelots or State Attorney's Office .
margays), farm animals, rodents, any hybrid animal (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
that is part wild, and captive - bred species of common State law reference - Statutory provisions, F.S. §
cage birds. 828.12.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
Sec. 4 - 3. Poisoning.
Sec. 4 - 2. Cruelty genera lly.
It shall be unlawful to poison any animal or
(a) Whoever willfully and maliciously kills, distribute poison in any manner with the intent or
strikes, maims or disfigures any dog, cat or other purpose of poisoning any animal, excluding r odents.
animal or willfully and maliciously administers (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
poison to any such animal or exposes any poisonous State law reference - Exposing poison, F.S. §
substance with the intent that it shall be taken and 828.08.
s wallowed by any animal shall be deemed in
violation of this chapter. Any person using
reasonable force in defending his animals, livestock Sec. 4 - 4. Manner of keeping and treating
or a human being from attack by another animal shall animals generally; abandonment.
be excluded from the provisions of this section.
(a) It shall be unlawful for any person to keep
(b) A person who unnecessarily overloads, animals under unsanitary or inhumane conditions; to
over drives, torments, deprives of necessary refuse or fail to provide water and nutritious food
sustenance or shelter, or unnecessarily or cruelly daily; shelter from hot, stormy, cold or inclement
beats, mutilates, or kills any animal, or causes the weather; clean quarters; humane care and treatment;
same to be done, or carries in or upon any vehicle, or and medical attention for sick, diseased or injured
otherwise, any animal in a cruel or inhumane manner, animals; as well as to fail to in oculate against disease,
is in violation of this chapter. according to the species of animal kept.
(c) A person who tortures any animal with (b) It shall be unlawful for any person to
intent to inflict intense pain, serious physical injury, abandon or set loose, with the intention of avoiding
or death upon an animal is in violation of this the responsibility for the custody and care of, any
Chapter. domestic animal within the limits of the city.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
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Sec. 4 - 5. Teasing and molesting animals. take such animal and place it in the animal shelter.
Upon demand by an animal control officer of the city,
It shall be a violation of this article for any the stray animal shall be surrendered to the animal
person to tease or molest any animal of another. control officer. Failure to surrender the stray animal
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) shall constitute a violation of this chapter.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
Sec. 4 - 6. Bird sanctuary declared; unlawful to
molest, shoot and catch birds. Sec. 4 - 8. Maintaining place for fighting.
(a) The entire area embraced within the It shall be unlawful for any person to maintain
corporate limits of the city is hereby designated as a any place where fowl, dogs or other animals are
bird sanctuary. suffered to fight upon exhibition or for sport upon any
wager.
(b) It shall be unlawful for any person to trap, (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
hunt, shoot, molest or attempt to trap, hunt, shoot or State law reference - Fighting or baiting animals,
molest any bird or wild fowl in any manner or to rob F.S. § 828.122.
bird nests or wild fowl nests; provided, however, that
if starlings or similar birds are found to be
congregated in any particular locality within the city Sec. 4 - 9. Indecent exhibitions.
to the exten t that complaint is made to the city
manager that such birds constitute a nuisance or It shall be unlawful for any person to let any
menace to health or property, then a meeting shall be male animal to any female animal unless the same is
called by the city manager of representatives of the done in some place wholly enclosed and out of public
Audobon Society, Bird Club, Garden Club, Humane vie w.
Society, or as many clubs as are found to exist in said (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
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 Sec. 4 - 10. Duty to remove dead animals from
acceptable alternate is found to abate such nuisance, public streets and squares; cost.
then such bir ds may be destroyed in such numbers
and in such manner as is deemed advisable by the The owner of dead animals upon the public
city manager under the supervision of the chief of streets and squares shall, immediately upon notifi -
police or such other officer as may be designated by cation, remove the same so as not to constit ute a
the chief of police. nuisance. If the owner fails to do so the city shall
remove and dispose of such carcass, and charge the
(c) Any person who shall violate any of the owner of the carcass, if known, the sum of twenty
provisions of this section shall be assessed a Class IV ($20.00) dollars for such removal and disposition.
civil penalty of two hundred fifty ($250.00) dollars. (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) State law re ference - Disposal of bodies of dead
animals, F.S. § 823.041.
Sec. 4 - 7. Unlawful to keep stray animal.
Sec. 4 - 11. Removal of dead animals from
It shall be unlawful for any person in the city to private property.
harbor, feed, and/o r keep any stray animal unless he
or she notifies the Animal Control Division of the When any dead animal is found on private
city within twenty - four (24) hours from the time the property, the owner of the dead animal or the owner
animal came into his or her possession. Upon of the premises upon which such animal is located
receiving such notice, an animal control officer may shall, when notified, remove the same immediately at
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his own cost. Upon failure to do so within a reason - (d) In addition to the penalties provid ed in this
able time, the city shall remove same, the sum of chapter for the violation of the provisions hereof, the
twenty ($20.00) dollars to be collected from the city may institute any lawful civil action or pro -
off ending party. ceeding to prevent, restrain or abate any acts or
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) failures to act hereunder, which constitute a public
nuisance.
Sec. 4 - 12. Injuring animals, action required. (e) The animal control o fficer shall investigate
an alleged violation of this section upon receipt of
It shall be unlawful for any person injuring any two (2) sworn affidavits of complaint provided by
animal by running over or into the same, or coming Animal Control signed by two (2) unrelated Palm
into contact with the same, with a motor vehicle, Beach County residents living in separate dwellings
motorcycle, bicycle, or other means of transportation, in close proximity to the si te of the alleged violation.
to fail to immediately notify the owner of such Said affidavit shall specify the address or location of
potential animal, the animal control officer, or the the alleged violation, the nature, time and date(s) of
police department of the city. the act, the name and address of the owner or
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) custodian, if known, and a description of the animal,
if known.
Sec. 4 - 13. Animals creating nuisance. (f) An animal control officer upon the receipt
of two (2) sworn affidavits of complaint as provided
(a) It shall be unlawful for any person to keep in subsection (e), may issue a citation to the owner or
any animal on any property located within the custodian of any animal alleged to be in violation of
corporate limits of the City when the keeping of such this section.
animal constitutes a public nuisance or menace to
public health and safety. (g) It shall be unlawful and shall constitute a
public nuisance for any person to feed any wild or
(b) Any dog, cat, household pet or ot her animal exotic animal, including but not limited to ducks and
which habitually barks, whines, howls or causes other pigeons.
objectionable noise; or which is at large or chases or (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
runs after persons or vehicles; or which destroys or Cross references - Offensive conditions on
damages any property of another person; or which property generally, § 10 - 2 et seq.; noisy animals
causes serious annoyance to a neig hboring residence gener ally, § 15 - 8(e).
or interference with the reasonable use and
enjoyment of that person's property; or which emits
offensive odors; or which creates filthy or unsanitary Sec. 4 - 14. Animal waste.
condi - tions; or which is otherwise offensive to the
public so as to annoy, disturb, inj ure, or endanger the The owner or custodian of every animal shall be
comfort, repose, health, peace or safety of the citizens responsible for the immediate removal and disposal
and residents of the city, is hereby declared to be a of any excreta deposited by his or her animal on
public nuisance, and is an act in violation of this public walks, public property, recreation areas or
chapter. private pro perty of others.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
(c) Any person who is the owner of such a dog,
cat, household pet or other animal as described in
subsection (a) of this section; or who keeps or Sec. 4 - 15. Vicious animals.
maintains such an animal on his or her premises, is
guilty of maintaining a public nuisance, and is in It shall be unlawful for any owner to keep any
violation of this chapter. vicious, fierce, or dangerous animal within the city
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unless it is confined within a secure b uilding or Sec. 4 - 19. Livestock, poultry, exotic and wild
enclosure or unless it is securely muzzled and under animals running at large prohibited;
the restraint of a competent person who by means of impounding authorized.
a leash, chain or rope has such animal under control
at all times. An animal may be declared to be vicious It shall be unlawful for any livestock, including
by the direction of the city ani mal control officer on fowl and poultry, exotic animal or wild animal, to run
the showing that the animal has bitten a person at large on public or private property within the city,
without provocation on two (2) separate occasions and it shall be the duty of the police and animal
within a period of six (6) months or if such animal control, upon information and view, to cause any such
shows fierce or dangerous propensities which if an imal, fowl or poultry running at large to be
unrestrained are likely to cause in jury to persons impounded in accordance with the provisions of this
other than the owner. This declaration of viciousness article.
shall be delivered in writing to the owner. (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
Sec. 4 - 20. Impounding authorized;
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 depart -
ment.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
Sec. 4 - 17. Animals injuring, killing other
animals.
Any person who owns or has in his or her (a) Impounding authorized. Any dog, cat or
possession and under his con trol any animal which other animal found in the city that has not been
the person knows to have injured or killed or to be in registered and licensed as provided in section 4 - 27, or
the habit of injuring or killing other animals otherwise in violation of this Chapter, shall be
belonging to other persons and who knowingly impounded by the city.
permits and allows such animal to run at large is
deemed to be in violation of this cha pter. (b) Any animal found to be in violation of this
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) chapter, the laws of the state or county, and is picke d
up for such violation by any law enforcement officer
or animal control officer, and whose owner cannot
Sec. 4 - 18. Keeping livestock, poultry, exotic readily be found, shall be impounded.
and wild animals in city.
(c) Any animal that is reasonably believed to
It shall be unlawful to keep, maintain or pasture have been abused or neglected, that a court of
horses, cattle, mules, goats, sheep, swine, fowl, competent jurisdic tion has ordered impounded or
poultry, or other livestock within the c ity. It shall be destroyed, or that is considered unattended or
unlawful to keep, harbor or maintain any exotic or abandoned, shall be impounded.
wild animal within the city.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) (d) Any dog, cat, household pet, or other
animal found running at large within the city limits in
violation of this chapter, or any dog, cat, hous ehold
pet, or other animal suspected or believed to be
infected with rabies or any apparent infectious or (e) Any animal apprehended under this chapter
contagious disease shall be apprehended and placed which is suspect ed to have or exhibit symptoms of
in the city animal control center. having any infectious or contagious disease shall be
segregated from other impounded animals in the
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animal control center. Subsequent to the impounding In addition to the fees enume rated above, a fee
of such animals in the animal con trol center, the City of five ($5.00) dollars per day shall be charged for
shall notify the county animal control officer to pick keep of the animal, and a fee of three ($3.00) dollars
up such animals pursuant to Chapter 832, Florida for each flea spraying. These fees shall be in addition
Statutes. to the other requirements of the animal control regula -
tions pertaining to inoculation and license fees. The
(f) All animals impounded pursuant to this owners, keepers or harborers of impounded animals
chapter shall be held at the city's animal control shall pay all fees accrued to the City at the time the
center for at least seve nty - two (72) hours to give animal is released to them by the animal control
lawful owners sufficient time to locate and redeem officer.
their animals prior to transferring such animals to the (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
county animal control center. Should such animal
have an infectious or contagious disease or other
medical disorder requi ring medical attention, the Sec. 4 - 23. Disposition of animals impounded
animal shall be transferred to the county animal for the third time.
control center as soon as practicable.
Notwithstanding any other provisions of this
(g) Before an animal may be adopted from the code, any animal which is impounded for the third
city animal control center, it must be in the time may be transferred by animal control directly to
possession of the animal control center for sev en (7) the county animal control authorities.
consecutive days. (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
Sec. 4 - 24. Release or interference with
Sec. 4 - 21. Notice of impounding of licensed impounded animals.
dogs and cats.
Any person who, after the impounding of any
It shall be the duty of the animal control officer animal under any of the ordinances of the city, shall
to cause notice to be given to the registered owner of release or attempt to release or in any manner
any licensed dog or cat impo unded under the pro - interfere with such animal, or with the safekeeping
visions of this article. thereof until after such animal be released in
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) accordance with the ordinances, shall be guilty of a
violation of this code.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
Sec. 4 - 22. Impounding fees, charges.
The fees for the impounding of any animal by Sec. 4 - 25. Adoption of regulations; animal
Animal Control under this article shall be as follows: control centers; personnel.
(a) Twenty ($20.00) dollars for first The ci ty shall promulgate such rules and
impounding within any twelve (12) month period; regulations, hire such personnel and designate such
areas for animal control centers as necessary to carry
(b) Thirty ($30.00) dollars for second out and implement the purposes set forth in this
impounding within any twelve (12) month period; chapter.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
(c) Fifty ($50.00) dollars for third impounding
within any twelve (12) month period.
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Sec. 4 - 26. Records. prevention of cruelty to children or animals organized
under the laws of the State of Florida, may appoint
The city animal control officer shall keep and agents for the purpose of investigating violations of
maintain records of the impoundment and disposition any provision of Chapter 828, Florida Statutes or of
of all animals processed by animal control, and shall any other law of the state, fo r the purpose of
record the names and addresses of persons to whom protecting children and animals or preventing acts of
the animals are rele ased, and the date of release. cruelty to them. All appointments of such agents by
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) such societies or corporations existing or working in
the city must have approval from the city com -
mission, and a record of such ap pointment shall be
Sec. 4 - 27. Enforcement. kept by the city clerk.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
(a) The City animal control officer shall be
charged with the responsibility of carrying out the
provisions of this article, except that any activity Sec. 4 - 29. Kennel, stable, grooming parlors
which requires t he power of arrest shall be performed and pet shops.
by law enforcement officers only.
Every person who owns or operates a kennel, pet
(b) The city's animal control officers have the shop, stable, or grooming parlor must comply with
authority to issue citations pursuant to Section 4 - 38 the regulations of the City, and in the absence thereof,
of this chapter, and all law enforcement officers may with the regulations provided by the county
issue written citations to owners of animals in pertaining to kennels, pet shops, stables, and
violation of this chapter within the City limits. In grooming parlors shall prevail.
lieu of writing citations, any law enforcement officer (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
shall have the power to arrest.
(c) It shall be a violation of this chapter for any Sec. 4 - 30. Application of Palm Beach County
person to knowingly hinder, resist or o ppose any Code of Ordina nces and Chapter
officer or employee of Animal Control in the 828, Florida Statutes.
performance of his or her duties under this chapter, or
knowingly interfere with any animal trap set by such (a) In the absence of any regulations of the city
officers or employees, or molest or release any to the contrary, the Palm Beach County Animal Care
animal caught therein. and Control Rules, as codified in the Palm Beach
County Code of Ordinances, shall prevail.
(d) If any owner re fuses to permit an animal
control officer or a law enforcement officer to enter (b) The City here by adopts the provisions of
the premises to enforce this chapter, such officer shall Chapter 828, Florida Statutes, as amended from time
contact the police department and proceed on the to time.
owner's premises in the company of a police officer,
with such legal w arrant or other documents of (c) In the event this chapter conflicts with the
authority as is necessary to lawfully enter the owner's Palm Beach County Code of Ordinances or Florida
premises for the purpose of enforcing this chapter. State Statutes, the more strict provisions shall control.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
Sec. 4 - 28. Agents for protection of animals. Sec. 4 - 31. Running at large prohibited.
The county or any society or associatio n for the No person owning, harboring or having in his or
her possession any dog or cat shall permit or allow
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such dog or cat to run at large within the City, or (b) For purposes of this section, the property of
all ow such dog or cat to be upon any street, the city shall include but not be limited to any and all
boulevard, road or alley of city, unless accompanied public streets, sidewalks, parks, and buildings,
by an attendant who shall have such dog or cat firmly including the lawns and driveways adjacent thereto.
held by collar and leash, which leash shall not exceed The term, “property of another” shall inclu de, but not
eight feet in length. be limited to driveways, lawns, swales, and buildings
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) of residential and commercial property owners.
(c) In the event that any animal shall cause
Sec. 4 - 32. Leash law and presumptions. damage upon the property of the city or the property
of another, proof of the occurrence and pro of of the
It shall be unlawful for any person who is the identity of the owner or other person having custody
owner, keeper or harborer of any dog, cat or or control of the animal shall be sufficient to find the
household pet or other animal to permit or allow such person owning of having control or custody of the
animal to be off such person's private property, unless animal guilty of violating the terms and conditions of
such anima l is under the restraint or control of a this section.
competent person who is physically capable of (Ord. No. 97 - 47, § 2, 10 - 7 - 97)
restraining and controlling the animal, by means of a
chain, leash, cage, or other humane means of
restraint. All dogs, cats, and other household pets Sec. 4 - 34. Bitches in heat.
must be securely confined to the real property of the
person who is the owner, keeper or harborer of the It shall be the responsibility of every animal
animal. owner to securely confine a female animal in heat in a
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) secure enclosure inaccessible to other animals from
the outside.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
Sec. 4 - 33. Damaging property; presence in city
owned park or recreation areas
prohibited. Sec. 4 - 35. Restraint of guard dogs.
(a) It shall be unlawful for the owner or any (a) Every owner of a guard or attack dog shall
person having custody or control of any animal to keep such dog confined in a building, compartment,
permit, either willfully or by failure to exercise due or other enclosure. Any such enclosure shall be
care and control, any animal to enter upon or damage completely surrounded by a fence at least six (6) feet
the property of the city or the property of another, in height and shall be top ped with an anti - climbing
whether said animal is leash ed or unleashed. For device constructed of angle metal braces with at least
purposes of this section, the leaving or dropping of three (3) strands of equally separated barbed wire
fecal matter by any animal upon the property of attached between them.
another, or upon the property of the city, shall be
deemed to cause damage thereupon. If such animal (b) All anti - climbing devices shall extend
damages property as provided he rein, the owner or inward at an angle of not less than forty - five (45)
other person having custody or control of such degr ees nor more than ninety (90) degrees when
animal shall be required to immediately remove and measured from the perpendicular.
dispose of such fecal matter or other droppings, and
upon his failure to do so, shall be fined in accordance (c) The areas of confinement shall all have
with Section 2 - 91 of this Code . gates and entrances thereto securely closed and
locked, and all fences properly maintained and escape
proof.
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(d) The provisions of this Section shall not Sec. 4 - 38. Violations; notice to appear;
apply to dogs owned or controlled by government enforcement.
law enforcement agencies.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) (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
Sec. 4 - 36. County registration, license not to exceed $500.00. The judge shall include all
required. costs, if any, incurred in the capture and impounding
of such animal during the period of its retention by
(a) Every person who is the owner, k eeper or Animal C ontrol.
harborer of any dog or cat, which is greater than four
(4) months old shall secure from the county, a (b) A civil penalty of less than the maximum
licensed veterinarian, or by other lawful means, a tag civil penalty is appropriate if the person committing
or license for each dog or cat, and shall comply with the civil infraction does not contest the citation.
all county regulations.
(c) Any person who has committed an act in
(b) All do gs and cats shall be required to wear violation of this chapter shall receive a citation from
a tag, except as may be otherwise specified in this the animal control officer or the law enforcement
article. Any person to whom a tag and license has officer who has probable cause to believe that the
been issued shall cause the tag to be securely fastened person has committed a civil infraction in violation of
by a substantial device about the dog or cat's neck so any provision of this chapter.
as t o be clearly visible at all times.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97) (d) Any person issued a citation shall have the
opportunity to contest the citation in the County Court
of Palm Beach County.
Sec. 4 - 37. Rabies vaccinations.
(e) If the person fails to pay the civil penalty,
(a) Every person who owns, keeps or harbors a fails to appear in court to contest the citation, or fails
dog or cat over the age of four (4) months within the to appear in court, or willfully refuses to sign and
city shall have such dog or cat vaccinated annually accept a citation issued b y an officer, the court may
ag ainst the rabies virus with a vaccine approved by issue an order to show cause upon request of the
the U.S. Department of Agriculture and produced or governing body of the city. This order shall require
manufactured by authorities licensed by the U.S. such person to appear before the court to explain why
Department of Agriculture, and shall comply with all action on the citation has not been taken. If any
provisions of the county code. person who is issued such order fails to appear in
response to the court's directive, that person may be
(b) The animal contr ol officer shall have the held in contempt of court.
authority to cause the owners of other species to have
particular species vaccinated against the rabies virus (f) Any person who willfully refuses to sign
at such times and in such areas within the city on the and accept a citation issued by an animal control
recommendation of the county veterinarian to prevent officer or a law enforcement officer is guilty of a
and/or bring under control any outbreak of disease misdemeanor of the second degree, punishable as
which might constitute a threat to residents of the provided in Section 775.082 and Section 775.083,
city. Florida Statutes.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
(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.
(Ord. No. 97 - 47, § 2, 10 - 7 - 97)
1998 S - 7