O95-38ORDINANCE NO. O95-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 4, ANIMALS AND FOWL. SECTION 4-51
OF THE CODE OF ORDINANCES, TO COMPLY
WITH FLORIDA STATUTES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, Florida Statute 828.27 states that a municipality may enact any
ordinance relating to animal control or cruelty which is identical to the provisions of
that chapter, or any state law; and
WHEREAS, any violation of said ordinance would be a civil infraction,
punishable by a maximum civil penalty not to exceed $500.00;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ That Chapter 4, Animals and Fowl, Section 4-51 of the Code
of Ordinances, is hereby repealed in its entirety and a new Section 4-5~1 is created,
as follows:
Section 4-51. Violations; Notices to Appear;
(a) Any violation of any provision of this Chapter
of the Code of Ordinances is a civil infraction
punishable with a maximum civil penalty_ not to
exceed $500.00;
(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 Chapter 4 of the Code of Ordinances
shall receive a citation from the animal control
officer or a law enforcement officer who has
probable cause to believe that the person has
committed a civil infraction in violation of any
provision of Chapter 4 of the Code of Ordinances:
(d) Any person issued a citation shall have the
opportunity_ to contest the citation in the County_
Court of Palm Beach County.:
(e) If a 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.
~ Any ~rson who willfully refuses to sign and
accept a citation issued by an 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 violation of Chapter 4 of the
Code of Ordinances. The proceeds of such
surcharge shall be used to pay the costs of trainino
for animal control officers.
Section 5. This Ordinance shall be applicable within the municipal
boundaries of the City of Boynton Beach, Florida.
~ All laws and ordinances applying to the City of Boynton Beach
in conflict with any provisions of this ordinance are hereby repealed.
~ Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this Ordinance.
~ Authority is hereby given to codify this Ordinance.
Section 9.. This Ordinance shall become effective immediately upon
passage.
FIRST READING this ?~' day of October, 1995.
SECOND, FINAL READING AND PASSAGE this ?' day of November,
1995.
ATTEST:
lerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor '
Vice Mayor
May, Pro Tom
(~O/~1t lissioner/ /
~"~mrnissione/'
Animal. Con
BBPD
9/22/95