Boynton04 Chapter 4
ANIMALS AND FOWL*
Art. I. In General, (( 4 1(4 38
*Cross references License tax for animal hospitals, ( 13 22(11); for animal or dog grooming service, ( 13 22(12); license tax on kennels, ( 13 22(175); animals at beaches and parks,
( 16 39.
ARTICLE I. IN GENERAL
Sec. 4 1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) Animal shall include every living dumb creature, domestic and wild.
(b) Animal control center shall mean any facility operated by the City, county or humane society for the temporary care, confinement and detention of animals and for other disposition
of animals.
(c) Animal control officer shall mean an animal control officer of the City, who is an employee or agent of the City, designated to administer and enforce the licensing, inspection,
and enforcement requirements contained within Chapter 4 of the Code of Ordinances.
(d) Animal enclosure means any structure used to restrict an animal or animals to a limited amount of space, such as a room, pen, run, cage, compartment, or hutch.
(e) At large shall mean off the premises of the owner and not under the control, custody, charge or possession of the owner, or other responsible person capable of restraining the animal,
either by leash, cord, chain or other humane means of physical restraint.
(f) Business shall mean holding oneself out, either expressly or implicitly, to the public or a portion of the public on a continual, regular and permanent basis for livelihood or profit.
(g) Dangerous or vicious animal shall mean any animal of fierce or dangerous propensities which is likely to cause injury to persons or damage to property, or any animal which exhibits
traits which are ungovernable, or any animal which has bitten one or more persons without provocation on two separate occasions within a period of six months.
(h) Disposition means adoption, quarantine, voluntary or involuntary custodianship or placement or euthanasia humanely administered to an animal. The term also includes the placement
or sale of an animal to the general public, or removal of an animal from any pet shop to any other location.
(i) Exotic animal means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, emu, ostrich, member of the feline species other than domestic
cat (felis domesticus), member of the canine species other than domestic dog (canis familiaris), or any other animal that would require a standard of care and control greater than that
required for customary household pets sold by commercial pet shops of domestic farm animals.
(j) Guard dog shall mean any type of dog used primarily for the purpose of defending, patrolling or protecting property or life and which is commercially or privately owned to perform
these services when the owner(s) of the business or premises is/are not present.
(k) Hobby breeder shall mean any person who owns or breeds pure-bred dogs or pedigreed cats primarily for personal recreational use. Personal recreational use may include participation
in recognized conformation shows, hunting, field or obedience trials, racing, coursing, scenting,
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specialized hunting, or water trials, and may include improving the physical soundness, temperament and conformation of a given breed to standard or for the purpose of guarding or protecting
the owner's property.
(l) Impoundment means the taking into custody of an animal by any police officer, animal control officer, or other authorized representative thereof.
(m) Kennel shall mean any place of business at which dogs or cats are kept for sale, breeding, boarding, treatment, training or grooming purposes. The word (kennel( shall not include
any humane society, animal protection agency, veterinary clinic or hobby breeder.
(n) Owner shall mean any person owning, having temporary or permanent custody of, sheltering, exercising control over, harboring or keeping any animal.
(o) Pet shop shall include any place or premises where the primary purpose is the keeping of pet animals for resale.
(p) Public nuisance animal means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of
citizens, other than their owners, to enjoyment of life or property. The term public nuisance animal shall include but not be limited to:
(1) Any animal that is repeatedly found running at large;
(2) Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by leash or similar physical restraint;
(3) Any animal that damages, soils, defiles or defecates on any property other than that of its owner;
(4) Any animal that makes disturbing noises, including but not limited to continued and repeated howling, barking, whining, or other utterances causing a disturbance to neighbors or
others in close proximity to the premises where the animal is kept or harbored;
(5) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the
premises where the animal is kept or harbored;
(6) Any animal in heat that is not confined so as to prevent attraction or contact with other animals;
(7) Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way;
(8) Any animal that chases motor vehicles in a public right-of-way;
(9) Any animal that attacks domestic animals;
(10) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
(11) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities.
(q) Sanitary means a condition of good order and cleanliness to minimize the possibility of disease transmission.
(r) Sanitary conditions means a space free from hazards which may endanger an animal(s health, such as animal waste or overcrowding.
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(s) Stable shall be held to include those premises at which horses are kept commercially for boarding, riding, breeding, or resale purposes.
(t) Tether means the act of constraining an animal(s movement by attaching one end of a leash (or other similar device) to the animal and attaching the other end of the leash to some
object which is attached to the ground.
(u) Torture, torment, cruelty shall include every act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue when there
is reasonable remedy or relief. Cruelty shall also include the failure to provide an animal with proper food, drink, shelter, or protection from weather.
(v) Under restraint means that an animal is secured by a leash, lead under the control of a person physically capable of restraining the animal and obedient to that person's commands,
or securely enclosed within the real property limits of the owner's premises.
(w) Water means water that is potable.
(x) Wild animal means any live monkey, non-human primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx, or any other warm blooded animal that can normally be found in the
wild state. This term shall not include domestic dogs (but does include hybrids with wolves, coyotes or jackals), domestic cats (excluding hybrids with ocelots or margays), farm animals,
rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds.
(Ord. No. 97 47, ( 2, 10 7 97; Ord. No. 09-015, ( 2, 2-2-09)
Sec. 4 2. Cruelty generally.
(a) Whoever willfully and maliciously kills, strikes, maims or disfigures any dog, cat or other animal or willfully and maliciously administers poison
to any such animal or exposes any poisonous substance with the intent that it shall be taken and swallowed by any animal shall be deemed in violation of this chapter. Any person using
reasonable force in defending his animals, livestock or a human being from attack by another animal shall be excluded from the provisions of this section.
(b) A person who unnecessarily overloads, over drives, torments, deprives of necessary sustenance or shelter, or unnecessarily or cruelly beats, mutilates, or kills any animal, or causes
the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, is in violation of this chapter.
(c) A person who tortures any animal with intent to inflict intense pain, serious physical injury, or death upon an animal is in violation of this chapter.
(d) The animal control officer shall impound any animal found to have been cruelly treated, as defined in this section.
(e) Any person(s) who shall violate any provision of this section shall be assessed a civil penalty in the amount of $250.00 for the first offense, and $500.00 for any offense thereafter.
(f) This section providing for civil penalties for violation of the Code of Ordinances does not preclude the City of Boynton Beach from enforcing Sections 828.12(1) and 828.12(2), Florida
Statutes through the State Attorney's Office.
(Ord. No. 97 47, ( 2, 10 7 97)
State law reference Statutory provisions, F.S. ( 828.12.
Sec. 4 3. Poisoning.
It shall be unlawful to poison any animal or distribute poison in any manner with the intent or purpose of poisoning any animal, excluding rodents.
(Ord. No. 97 47, ( 2, 10 7 97)
State law reference Exposing poison, F.S. ( 828.08.
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Sec. 4 4. Manner of keeping and treatinganimals generally; abandonment.
(a) It shall be unlawful for any person to keep animals without providing:
(1) Clean and sanitary conditions;
(2) Food on a daily basis;
(3) Air ventilation and circulation;
(4) Water that is available at all times and free of foreign matter, algae, excreta, or other biological hazards; and
(5) Medical attention and/or necessary veterinary care when an animal is sick, diseased, or injured. Written proof of veterinary care must be provided upon request by the city.
(b) It shall be unlawful for any person keeping an animal to fail to provide shelter for that animal.
(1) In general, shelter for dogs, cats and small domestic animals must:
a. Provide adequate protection from cold and heat. When the outdoor temperature falls below 40 degrees Fahrenheit (4.5 degrees Celsius), all cats, small domestic animals, and dogs that
cannot tolerate such temperatures without stress or discomfort shall be moved indoors or provided adequate heating to maintain temperature about 40 degrees Fahrenheit. When the outdoor
temperature rises above 90 degrees Fahrenheit (32.5 degrees Celsius), ventilation such as exhaust fans or air conditioning must be provided;
b. Provide protection from the direct rays of the sun; the direct effect of wind and rain; and all other elements at all times.
(2) Animal enclosures which house dogs must meet the following minimum requirements:
a. A single animal enclosure must be 100 square feet or less. An individual property or parcel of land which contains multiple enclosures may have a maximum aggregate or 150 square
feet of dog enclosures.
b. Animal enclosures shall be constructed with chain link fencing. The flooring of an animal enclosure may be the ground/grass or a solid, non-porous surface such as a concrete slab
or pavers which have no less than one-quarter (() inch between them. All flooring for an animal enclosure shall be at ground level. A tarp or fabric screening may be used on the sides
or top of the animal enclosure. No other type of material, such as plywood, may be used for or attached to an animal enclosure.
c. An animal enclosure must have a six (6)-foot setback from the property line and be located in the rear yard. Prior to constructing an enclosure, citizens must complete a planning
and zoning permit application and receive a development permit from the city. The city will establish a flat-rate fee for animal enclosure development permits, which may increase from
time to time.
d. Animal enclosures must be constructed and maintained so that they:
1. Have no sharp points or edges that could injure the dog;
2. Contain the dog such that it cannot escape from the enclosure;
3. Keep other animals from entering the enclosure;
4. Provide the dog with unobstructed access to food and water.
i. Food and water shall be placed in the enclosure such that they may not be commingled with waste or excreta. Owners must inspect food and water daily and if waste, excreta, or
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other excessive foreign matter, is present, owners shall immediately replace the contaminated food or water.
5. Provide sufficient space to allow the dog to turn about, stand or sit freely; to lie down in any position it would be able to if it were not in an enclosure; and to walk without crouching
or stumbling.
i. Dogs shall be provided with a minimum of six (6) square feet of space to sit or lie down such that they are not sitting in waste or other excreta.
6. The interior height of an animal enclosure must be at least twelve (12) inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position.
e. Animal enclosures and food and water receptacles for dogs must be sanitized at least once every two (2) weeks and more often if necessary to prevent an accumulation of dirt, debris,
food waste, excreta, and other disease hazards using steam under pressure or washing with soap and hot water so as to remove all organic material and mineral buildup, followed by a clean
water rinse.
f. Outdoor housing areas using material that cannot be sanitized using the methods provided in paragraph (e) of this section, such as grass, shall be sanitized by removing all contaminated
material in order to prevent odors, diseases, pests, insects, and vermin infestation.
(c) Tethering. Any person who owns or any person who is in charge of any animal kept as a pet who confines that animal outdoors on private property must provide the animal with:
(1) Food and potable water; and
(2) Provide protection from the direct rays of the sun; the direct effect of wind and rain; and all other elements at all times; and
(3) Periodic supervision, which shall mean that each animal shall be attended to at least once during every twelve (12) consecutive hours;
(4) Adequate space for exercise, which shall mean no less than 150 square feet per animal; and
(5) A fenced yard or animal enclosure that is sufficient to prevent the animal from escaping; or
(6) A tether under the following circumstances:
a. Any person who owns or any person who is in charge or in control of any animal that is under the age of six (6) months shall not tie, chain or otherwise tether the animal outdoors.
b. Any person who owns or any person who is in charge or in control of any animal that is over the age of six (6) months shall not tie, chain, or otherwise tether the animal kept as
a pet outdoors between the hours of 10:00 a.m. and 5:00 p.m. except that an animal kept as a pet of any age may be temporarily tethered, tied or chained outdoors for a total time period
not exceeding fifteen (15) minutes. At other times, it is permitted to tie, chain or otherwise tether an animal kept as a pet that is over the age of six (6) months outdoors if the
pet is collared by a properly fitting, non-choke type collar or a body harness that is fastened to either:
1. A tether that is at least three (3) times the body length of the animal measured from the animal(s nose to back of the hindquarters, and that is free from entanglement; or
2. An overhead run, which is a leash or chain attached to an overhead wire at least ten (10) feet long, that allows the animal to move unheeded.
(d) Nothing in this section shall be construed to prohibit an owner or keeper from controlling an animal kept as a pet by the handheld use of a rope, leash or chain.
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(e) It shall be unlawful for any person to abandon or set loose, with the intention of avoiding the responsibility for the custody and care of, any domestic animal within the limits
of the city.
(Ord. No. 97 47, ( 2, 10 7 97; Ord. No. 09-015, ( 3, 2-2-09)
Sec. 4 5. Teasing and molesting animals.
It shall be a violation of this article for any person to tease or molest any animal of another.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 6. Bird sanctuary declared; unlawful to
molest, shoot and catch birds.
(a) The entire area embraced within the corporate limits of the city is hereby designated as a bird sanctuary.
(b) It shall be unlawful for any person to trap, hunt, shoot, molest or attempt to trap, hunt, shoot or molest any bird or wild fowl in any manner or to rob 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 to the extent that complaint is made to the city manager
that such birds constitute a nuisance or menace to health or property, then a meeting shall be called by the city manager of representatives of the Audobon Society, Bird Club, Garden
Club, Humane Society, or as many clubs as are found to exist in said 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 acceptable alternate is found to abate such nuisance, then such birds may be destroyed in such numbers and in such manner as is deemed advisable by
the city manager under the supervision of the chief of police or such other officer as may be designated by the chief of police.
(c) Any person who shall violate any of the provisions of this section shall be assessed a Class IV civil penalty of two hundred fifty ($250.00) dollars.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 7. Unlawful to keep stray animal.
It shall be unlawful for any person in the city to harbor, feed, and/or keep any stray animal unless he or she notifies the Animal Control Division of the city within twenty-four (24)
hours from the time the animal came into his or her possession. Upon receiving such notice, an animal control officer may take such animal and place it in the animal shelter. Upon demand
by an animal control officer of the city, the stray animal shall be surrendered to the animal control officer. Failure to surrender the stray animal shall constitute a violation of
this chapter.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 8. Maintaining place for fighting.
It shall be unlawful for any person to maintain any place where fowl, dogs or other animals are suffered to fight upon exhibition or for sport upon any wager.
(Ord. No. 97 47, ( 2, 10 7 97)
State law reference Fighting or baiting animals, F.S. ( 828.122.
Sec. 4 9. Indecent exhibitions.
It shall be unlawful for any person to let any male animal to any female animal unless the same is done in some place wholly enclosed and out of public view.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 10. Duty to remove dead animals from
public streets and squares; cost.
The owner of dead animals upon the public streets and squares shall, immediately upon
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notification, remove the same so as not to constitute a nuisance. If the owner fails to do so the city shall remove and dispose of such carcass, and charge the owner of the carcass,
if known, the sum of twenty ($20.00) dollars for such removal and disposition.
(Ord. No. 97 47, ( 2, 10 7 97)
State law reference Disposal of bodies of dead animals, F.S. ( 823.041.
Sec. 4 11. Removal of dead animals from private property.
When any dead animal is found on private property, the owner of the dead animal or the owner of the premises upon which such animal is located shall, when notified, remove the same immediately
at
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his own cost. Upon failure to do so within a reason-able time, the city shall remove same, the sum of twenty ($20.00) dollars to be collected from the offending party.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 12. Injuring animals, action required.
It shall be unlawful for any person injuring any animal by running over or into the same, or coming into contact with the same, with a motor vehicle, motorcycle, bicycle, or other means
of transportation, to fail to immediately notify the owner of such potential animal, the animal control officer, or the police department of the city.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 13. Animals creating nuisance.
(a) It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the City when the keeping of such animal constitutes a public nuisance
or menace to public health and safety.
(b) Any dog, cat, household pet or other animal which habitually barks, whines, howls or causes other objectionable noise; or which is at large or chases or runs after persons or vehicles;
or which destroys or damages any property of another person; or which causes serious annoyance to a neighboring residence or interference with the reasonable use and enjoyment of that
person's property; or which emits offensive odors; or which creates filthy or unsanitary condi-tions; or which is otherwise offensive to the public so as to annoy, disturb, injure, or
endanger the comfort, repose, health, peace or safety of the citizens and residents of the city, is hereby declared to be a public nuisance, and is an act in violation of this chapter.
(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 maintains such an animal on his or her
premises, is guilty of maintaining a public nuisance, and is in violation of this chapter.
(d) In addition to the penalties provided in this chapter for the violation of the provisions hereof, the city may institute any lawful civil action or pro-ceeding to prevent, restrain
or abate any acts or failures to act hereunder, which constitute a public nuisance.
(e) The animal control officer shall investigate an alleged violation of this section upon receipt of two (2) sworn affidavits of complaint provided by Animal Control signed by two (2)
unrelated Palm Beach County residents living in separate dwellings in close proximity to the site of the alleged violation. Said affidavit shall specify the address or location of the
alleged violation, the nature, time and date(s) of the act, the name and address of the owner or custodian, if known, and a description of the animal, if known.
(f) An animal control officer upon the receipt of two (2) sworn affidavits of complaint as provided in subsection (e), may issue a citation to the owner or custodian of any animal alleged
to be in violation of this section.
(g) It shall be unlawful and shall constitute a public nuisance for any person to feed any wild or exotic animal, including but not limited to ducks and pigeons.
(Ord. No. 97 47, ( 2, 10 7 97)
Cross references Offensive conditions on property generally, ( 10 2 et seq.; noisy animals generally, ( 15 8(e).
Sec. 4 14. Animal waste.
The owner or custodian of every animal shall be responsible for the immediate removal and disposal of any excreta deposited by his or her animal on public walks, public property, recreation
areas or private property of others.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 15. Vicious animals.
It shall be unlawful for any owner to keep any vicious, fierce, or dangerous animal within the city
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unless it is confined within a secure building or enclosure or unless it is securely muzzled and under the restraint of a competent person who by means of a leash, chain or rope has
such animal under control at all times. An animal may be declared to be vicious by the direction of the city animal control officer on the showing that the animal has bitten a person
without provocation on two (2) separate occasions within a period of six (6) months or if such animal shows fierce or dangerous propensities which if unrestrained are likely to cause
injury to persons other than the owner. This declaration of viciousness shall be delivered in writing to the owner.
(Ord. No. 97 47, ( 2, 10 7 97)
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 possession and under his control any animal which the person knows to have injured or killed or to be in the habit of injuring or killing other
animals belonging to other persons and who knowingly permits and allows such animal to run at large is deemed to be in violation of this chapter.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 18. Keeping livestock, poultry, exotic
and wild animals in city.
It shall be unlawful to keep, maintain or pasture horses, cattle, mules, goats, sheep, swine, fowl, poultry, or other livestock within the city. It shall be unlawful to keep, harbor
or maintain any exotic or wild animal within the city.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 19. Livestock, poultry, exotic and wild
animals running at large prohibited;
impounding authorized.
It shall be unlawful for any livestock, including fowl and poultry, exotic animal or wild animal, to run at large on public or private property within the city, and it shall be the duty
of the police and animal control, upon information and view, to cause any such animal, fowl or poultry running at large to be impounded in accordance with the provisions of this article.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 20. Impounding authorized; redemption.
(a) Impounding authorized. Any dog, cat or other animal found in the city that has not been registered and licensed as provided in section 4 27, or otherwise in violation of this Chapter,
shall be impounded by the city.
(b) Any animal found to be in violation of this chapter, the laws of the state or county, and is picked up for such violation by any law enforcement officer or animal control officer,
and whose owner cannot readily be found, shall be impounded.
(c) Any animal that is reasonably believed to have been abused or neglected, that a court of competent jurisdiction has ordered impounded or destroyed, or that is considered unattended
or abandoned, shall be impounded.
(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, household pet, or other animal suspected
or believed to be infected with rabies or any apparent infectious or contagious disease shall be apprehended and placed in the city animal control center.
(e) Any animal apprehended under this chapter which is suspected to have or exhibit symptoms of 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 of such animals in the animal control center, the City shall notify the county animal control officer to pick up such animals pursuant
to Chapter 832, Florida Statutes.
(f) All animals impounded pursuant to this chapter shall be held at the city's animal control center for at least seventy-two (72) hours to give lawful owners sufficient time to locate
and redeem their animals prior to transferring such animals to the county animal control center. Should such animal have an infectious or contagious disease or other medical disorder
requiring medical attention, the animal shall be transferred to the county animal control center as soon as practicable.
(g) Before an animal may be adopted from the city animal control center, it must be in the possession of the animal control center for seven (7) consecutive days.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 21. Notice of impounding of licensed
dogs and cats.
It shall be the duty of the animal control officer to cause notice to be given to the registered owner of any licensed dog or cat impounded under the pro-visions of this article.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 22. Impounding fees, charges.
The fees for the impounding of any animal by Animal Control under this article shall be as follows:
(a) Twenty ($20.00) dollars for first impounding within any twelve (12) month period;
(b) Thirty ($30.00) dollars for second impounding within any twelve (12) month period;
(c) Fifty ($50.00) dollars for third impounding within any twelve (12) month period.
In addition to the fees enumerated above, a fee of five ($5.00) dollars per day shall be charged for keep of the animal, and a fee of three ($3.00) dollars for each flea spraying.
These fees shall be in addition to the other requirements of the animal control regula-tions pertaining to inoculation and license fees. The owners, keepers or harborers of impounded
animals shall pay all fees accrued to the City at the time the animal is released to them by the animal control officer.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 23. Disposition of animals impounded
for the third time.
Notwithstanding any other provisions of this code, any animal which is impounded for the third time may be transferred by animal control directly to the county animal control authorities.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 24. Release or interference with
impounded animals.
Any person who, after the impounding of any animal under any of the ordinances of the city, shall release or attempt to release or in any manner interfere with such animal, or with the
safekeeping thereof until after such animal be released in accordance with the ordinances, shall be guilty of a violation of this code.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 25. Adoption of regulations; animal
control centers; personnel.
The city shall promulgate such rules and regulations, hire such personnel and designate such areas for animal control centers as necessary to carry out and implement the purposes set
forth in this chapter.
(Ord. No. 97 47, ( 2, 10 7 97)
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Sec. 4 26. Records.
The city animal control officer shall keep and maintain records of the impoundment and disposition of all animals processed by animal control, and shall record the names and addresses
of persons to whom the animals are released, and the date of release.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 27. Enforcement.
(a) The City animal control officer shall be charged with the responsibility of carrying out the provisions of this article, except that any activity which requires the power of arrest
shall be performed by law enforcement officers only.
(b) The city's animal control officers have the authority to issue citations pursuant to Section 4 38 of this chapter, and all law enforcement officers may issue written citations to
owners of animals in violation of this chapter within the City limits. In lieu of writing citations, any law enforcement officer shall have the power to arrest.
(c) It shall be a violation of this chapter for any person to knowingly hinder, resist or oppose any officer or employee of Animal Control in the performance of his or her duties under
this chapter, or knowingly interfere with any animal trap set by such officers or employees, or molest or release any animal caught therein.
(d) If any owner refuses to permit an animal control officer or a law enforcement officer to enter the premises to enforce this chapter, such officer shall contact the police department
and proceed on the owner's premises in the company of a police officer, with such legal warrant or other documents of authority as is necessary to lawfully enter the owner's premises
for the purpose of enforcing this chapter.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 28. Agents for protection of animals.
The county or any society or association for the
prevention of cruelty to children or animals organized under the laws of the State of Florida, may appoint agents for the purpose of investigating violations of any provision of Chapter
828, Florida Statutes or of any other law of the state, for the purpose of protecting children and animals or preventing acts of cruelty to them. All appointments of such agents by
such societies or corporations existing or working in the city must have approval from the city com-mission, and a record of such appointment shall be kept by the city clerk.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 29. Kennel, stable, grooming parlors
and pet shops.
Every person who owns or operates a kennel, pet shop, stable, or grooming parlor must comply with the regulations of the City, and in the absence thereof, with the regulations provided
by the county pertaining to kennels, pet shops, stables, and grooming parlors shall prevail.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 30. Application of Palm Beach County
Code of Ordinances and Chapter
828, Florida Statutes.
(a) In the absence of any regulations of the city to the contrary, the Palm Beach County Animal Care and Control Rules, as codified in the Palm Beach County Code of Ordinances, shall
prevail.
(b) The City hereby adopts the provisions of Chapter 828, Florida Statutes, as amended from time to time.
(c) In the event this chapter conflicts with the Palm Beach County Code of Ordinances or Florida State Statutes, the more strict provisions shall control.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 31. Running at large prohibited.
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 allow such dog or cat to be upon any street, boulevard, road or alley of city, unless accompanied by an attendant who shall have such
dog or cat firmly held by collar and leash, which leash shall not exceed eight feet in length.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 32. Leash law and presumptions.
It shall be unlawful for any person who is the owner, keeper or harborer of any dog, cat or household pet or other animal to permit or allow such animal to be off such person's private
property, unless such animal is under the restraint or control of a competent person who is physically capable of 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 must be securely confined to the real property of the person who is the owner, keeper or harborer
of the animal.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 33. Damaging property; presence in city
owned park or recreation areas
prohibited.
(a) It shall be unlawful for the owner or any person having custody or control of any animal to permit, either willfully or by failure to exercise due care and control, any animal to
enter upon or damage the property of the city or the property of another, whether said animal is leashed or unleashed. For purposes of this section, the leaving or dropping of fecal
matter by any animal upon the property of another, or upon the property of the city, shall be deemed to cause damage thereupon. If such animal damages property as provided herein, the
owner or other person having custody or control of such animal shall be required to immediately remove and dispose of such fecal matter or other droppings, and upon his failure to do
so, shall be fined in accordance with Section 2 91 of this Code.
(b) For purposes of this section, the property of the city shall include but not be limited to any and all public streets, sidewalks, parks, and buildings, including the lawns and driveways
adjacent thereto. The term, (property of another( shall include, but not be limited to driveways, lawns, swales, and buildings of residential and commercial property owners.
(c) In the event that any animal shall cause damage upon the property of the city or the property of another, proof of the occurrence and proof of the identity of the owner or other
person having custody or control of the animal shall be sufficient to find the person owning of having control or custody of the animal guilty of violating the terms and conditions of
this section.
(d) (1) Notwithstanding the animal restrictions provided in this section, dog owners are hereby authorized to bring and have possession or control of leashed dogs within the following
specified city parks, subject to the limitations, restrictions, and regulations provided for herein:
a. Jaycee Park (excluding restrooms and playground area);
b. Boynton Lakes Park (excluding playground area);
c. Dewey Park; and
d. Intracoastal Park (excluding restrooms. playground and seawall/boat launching areas).
For purposes of this section, a playground area shall mean an improved area that is designed, equipped, and set aside for children's play.
(2) The authorization provided for herein for dog owners to bring and have possession or control of leashed dogs in the specified city parks is conditioned on and subject to strict compliance
with the limitations, restrictions, and regulations provided for herein and all applicable provisions of the Animal
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Control Ordinances of the city and Palm Beach County (cumulatively (Animal Control Ordinance(), including but not limited to the following:
a. The authorized activities are limited to the posted hours of operation for each respective park.
b. Dog owners are responsible for the conduct and supervision of their dogs.
c. Dog owners must have their dog(s) under control at all times and on a leash not longer than eight (8) feet in length. Any dog not on an appropriate leash is deemed (at large( and
constitutes a violation of Section 4 31 of this Code of Ordinances.
d. Dogs must be at least four (4) months old and have all vaccinations and licenses required by Sections 4 30, 4 36 and 4 37 of this Code of Ordinances. Failure to meet such vaccination
and licensing requirements constitutes a violation of the Animal Control Ordinance.
e. Dog owners must clean up and properly dispose of their dog's waste. Failure to do so constitutes a violation of the Animal Control Ordinance.
f. Dog owners shall remove their dog from the park at the first sign of aggression toward any person or other dog.
(3) For purposes of this section, the term dog owner shall mean and include any person who brings or has possession or control of a dog in any specified city park or area or as that
term is otherwise defined in Section 4 1 of this Code of Ordinances. If such person is under the age of eighteen (18) years or otherwise legally incapacitated, that person's parent
or guardian shall ensure compliance with all applicable limitations, restrictions, and regulations by such person.
(Ord. No. 97 47, ( 2, 10 7 97; Ord. No. 2014-007, ( 2, 6 3 14)
Sec. 4 34. Bitches in heat.
It shall be the responsibility of every animal owner to securely confine a female animal in heat in a secure enclosure inaccessible to other animals from the outside.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 35. Restraint of guard dogs.
(a) Every owner of a guard or attack dog shall keep such dog confined in a building, compartment, or other enclosure. Any such enclosure shall be completely surrounded by a fence at
least six (6) feet in height and shall be topped with an anti-climbing device constructed of angle metal braces with at least three (3) strands of equally separated barbed wire attached
between them.
(b) All anti-climbing devices shall extend inward at an angle of not less than forty-five (45) degrees nor more than ninety (90) degrees when measured from the perpendicular.
(c) The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape proof.
(d) The provisions of this Section shall not apply to dogs owned or controlled by government law enforcement agencies.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 36. County registration, license
required.
(a) Every person who is the owner, keeper or harborer of any dog or cat, which is greater than four (4) months old shall secure from the county, a licensed veterinarian, or by other
lawful means, a tag or license for each dog or cat, and shall comply with all county regulations.
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(b) All dogs and cats shall be required to wear a tag, except as may be otherwise specified in this article. Any person to whom a tag and license has been issued shall cause the tag
to be securely fastened by a substantial device about the dog or cat's neck so as to be clearly visible at all times.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 37. Rabies vaccinations.
(a) Every person who owns, keeps or harbors a dog or cat over the age of four (4) months within the city shall have such dog or cat vaccinated annually against the rabies virus with
a vaccine approved by the U.S. Department of Agriculture and produced or manufactured by authorities licensed by the U.S. Department of Agriculture, and shall comply with all provisions
of the county code.
(b) The animal control officer shall have the authority to cause the owners of other species to have particular species vaccinated against the rabies virus at such times and in such
areas within the city on the recommendation of the county veterinarian to prevent and/or bring under control any outbreak of disease which might constitute a threat to residents of the
city.
(Ord. No. 97 47, ( 2, 10 7 97)
Sec. 4 38. Violations; notice to appear;
enforcement.
(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 not to exceed $500.00. The
judge shall include all costs, if any, incurred in the capture and impounding of such animal during the period of its retention by Animal Control.
(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 this chapter shall receive a citation from the animal control officer or the law enforcement officer who has probable cause to
believe that the person has committed a civil infraction in violation of any provision of this chapter.
(d) Any person issued a citation shall have the opportunity to contest the citation in the County Court of Palm Beach County.
(e) If the 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.
(f) Any person who willfully refuses to sign and accept a citation issued by an animal control officer or a law enforcement 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 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)
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