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Ord 57-01ORDINANCE NO. 57-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.27, "ANIMAL REGULATIONS", TO CLARIFY THAT ANIMALS SHALL BE ALLOWED IN THAT GRASSY AREA OF THE MUNICIPAL BEACH BETWEEN THE EASTERN CURB OF A-1-A AND THE WESTERN BASE OF THE DUNE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that by allowing dogs in the area described below is in the public interest of the residents of Delray Beach; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 101, "Municipal Parks, Beach and other Recreational Sites", Section 101.27, "Animal Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 101.27 ANIMAL REGULATIONS. (A) No person shall herd, graze or permit to run at large within any park any cattle, horse, mule, donkey, goat, swine, sheep or other animal, or any poultry or other fowl. (B) No person shall bring into, have or keep in any park, recreation or municipal beach site, any cat, dog or other animal without a specific permit from the Parks and Recreation Department. However, any cat, dog or other animal shall be allowed on the sidewalk and grassy area of the municipal beach between the eastern curb of A-1-A and western base of the dune for the entire length of the municipal beach and shall be on a leash. For purposes of this ordinance, the western base of the dune encompasses all vegetative growth that is found on the dune. All animal owners shall be responsible for the cleanup and disposal of their animal waste in this area. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 4. That this ordinance shall become effective upon its passage on second and final reading. .EDAND ADOPTED in session second and final this the /6'l~'day of regular reading on on MAYOR City Clerk First Reading ~_~' ~, td~oa / Second Reading~,g 2 ORO NO. ~q'-~ / ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: DATE: David T. Harden, City Manager bert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting October 16, 2001 Second Reading Ordinance 57-01 Animal Regulations October 10, 2001 At the first reading of this ordinance held on October 2ha, City Commission voiced concerns about enforcement, signage, pedestrian safety and clean up after pets. Attached is a memorandum received from Chief Schroeder outlining enforcement measures. Public Works staff would make and install new signs along A-l-A, which would include clean up after pet requirements. We can also acquire and install the plastic bag devices that are now in use at the dog park. I will be inquiring as to a source and cost for this item. Safety and clean up after pets will need responsible citizen cooperation. This item is before City Commission on second reading. If approved I would request a two to four week delay in the effective date to allow time to make and install signs and acquire or build the plastic bag holders. RAB/tas Fii¢:u:swcency/asmcmos Doe:Memo to DTH re Agenda Item Animal Regulaaons Delray Beach .Police Department I 300 West Atlanbc Avenue Delray Beach, Flonda 33444-3695 (561) 243-7888 Fax (561) 243-7816 ~993 MEMORANDUM RECEIVE 0 C1' ! 0 2001 CITY MANACL TO: FROM: DATE: SUBJECT: Robert A. Barcinski, Assistant City Manager Joseph L. Schroeder, Chief of PoliO~~_~~----~ October 10, 2001 ENFORCEMENT OF PROPOSED ,ORDINANCE CONCERNING DOGS ON THE BEACH Enforcement of this ordnance, as with all ordnance violations, will be based on first- hand observation of the violation by the police officer. If a violation is observed, the person in control of the animal will be issued a Notice to Appear. It will be the responsibility of the City Attorney's Office to prosecute this case in court. As with most changes in laws or ordinances, officers will be instructed on the new ordinance and will begin their enforcement efforts with a 30-day warning pedod. After the warning pedod Notices to Appear will be issued. The obvious concern is the difficulty of enforcing this ordinance and the unreasonable expectations that may arise with this ordinance change. We can enforce only that which we observe. This limitation may not be understood by our residents, which could result in dissatisfaction both with the Police Department and possible the City. If you have any questions, please feel free to contact me directly. JLS/ppt [ITY OF I)ELAI:IY BEACH 1993 100 N.W. 1st AVENUE MEMORANDUM DELRAY BEACH, FLORIDA 33444 561/243-7000 TO: FROM: DATE: SUBJECT: David T. Harden, City Manager ~r~obert A. Barcinski, Assistant City Manager September 26, 2001 AGENDA ITEM CITY COMMISSION MEETING OCTOBER 2, 2001 FIRST READING/ORDINANCE #57-01 "ANIMAL REGULATIONS" ACTION City Commission is requested to approve on first reading Ordinance #57-01 amending Section 101.27 "Animal Regulations." BACKGROUND Staff is initiating an amendment to the above subject ordinance which would allow animals on the sidewalk and grassy area west of the dune line on the east side of A1A. This request is being made a s a result of citizen requests. This amendment has been reviewed by staff with no objections. RECOMMENDATION Staff recommends approval on first reading of Ordinance #57-01 amending Section 101.27 "Animal Regulations." RAB/gb Prlnted on Recycled Paper THE EFFORT ALWAYS MATTERS ORDINANCE NO. 57-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.27, "ANIMAL REGULATIONS", TO CLARIFY THAT ANIMALS SHALL BE ALLOWED IN THAT GRASSY AREA OF THE MUNICIPAL BEACH BETWEEN THE EASTERN CURB OF A-1-A AND THE WESTERN BASE OF THE DUNE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that by allowing dogs in the area described below is in the public interest of the residents of Delray Beach; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 101, "Municipal Parks, Beach and other Recreational Sites", Section 101.27, "Animal Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 101.27 ANIMAL REGULATIONS. (A) No person shall herd, graze or permit to run at large within any park any cattle, horse, mule, donkey, goat, swine, sheep or other animal, or any poultry or other fowl. (B) No person shall bring into, have or keep in any park, recreation or municipal beach site, any cat, dog or other animal without a specific permit from the Parks and Recreation Department. However, any cat, dog or other animal shall be allowed on the sidewalk and grassy area of the municipal beach between the eastern curb of A-1-A and western base of the dune, for the entire length of the municipal beach. For purposes of this ordinance, the western base of the dune encompasses all vegetative growth that is found on the dune. All animal owners shall be responsible for the cleanup and disposal of any animal waste in this area. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. hereby repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 4. reading. That this ordinance shall become effective upon its passage on second and final of PASSED AND ADOPTED in regular session on second and final reading on this the ,2001. day MAYOR ATTEST: City Clerk First Reading ~'~, ~0/ Second Reading. 2 ORD NO. 57-01 October 15, 2001 David W. Schmidt The Honorable Mayor City of Delray Beach 100 N.W. 1st Avenue belray Beach, Florida 33444 Dear Mayor 5chmidt and City Commissioners: As a homeowner and a dog lover here in belray Beach, I'm writing To ask you to please add my vote in support of the new ordinance that will allow people to walk their dogs along the sidewalk on AIA. As a responsible resident, I also strongly enforce pet owners responsibility to pick up after their pets to keep our sidewalks clean. Trash cans already exist and the use of fines, to help enforce the dog owner's responsibility to pick up after their dogs, has my support as well. Thank you so much for opening up this policy, so that we will be able to take safe leisurely strolls along our beautiful beach sidewalks with our best pals. Sincerely, 5tacey A. Winick 5WN Design 328 Andrews Avenue · DelravBeach, Floada 33483 · .~61-274-6554 · Fax561-274-6671 LEVENG ER_ TOOLS FOR SERIOUS RI~ADERS October 8, 2001 STEVEN LEVEI~N President David W. Schmidt The Honorable Mayor City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Mayor Schmidt and City Commissioners: As a resident of Delray Beach, please add my vote in support of the new ordinance that would allow people to walk their dogs along the sidewalk on A1A. The current ban on dogs east of the curb forces us dog walkers to use the west side of A1 A, which, lacking a sidewalk, is an untenable proposition. To attempt to walk a dog there is to endanger yourself and your dog, not to mention being a hazard to the many bike riders and motorists .... If people are allowed to walk their pets on the sidewalk, I strongly support the use of fines to help enforce pet owners' responsibility to pick up after their pets. There is no need for the city to install plastic bag dispensers. Dog owners must accept their responsibility to pick up after their dogs with their own equipment, and dispose of the waste properly. There are plenty of existing waste containers available today along the sidewalk. All that's required to roll out this new ordinance is to change one word on the existing signs that curmntiy read, "No Dogs Ahoweo rzast of Curb." Those $:gns can be cna,ged to "No Dogs Allowed East of Sidewalk." Additional small signs reminding people of their responsibility to pick up after their pets would also seem to be a good idea. Thank you for making our beautiful beach sidewalk open to us and our "Best Friends." Sincerely, 420 SOUTH CONGRESS AVENUE, DELRAY BEACH, FLORIDA 33445 561-276-2436 FAX: 561-272-2271 · SLEVEEN@LEVENGER.COM October 10, 2001 Accent de Barbizon David W, Schmidt The Honorable Mayor City of Deiray Beach 100 N.W. 1st Avenue Dear Mayor Schmidt and City Commssioners: As a resident of Delray Beach, please add my vote in support of the new order that would allow people to walk their dogs along the sidewalk on A1A. The currant ban on dogs east of the curb forces dog walkers to use the west side of A1A a dangerous situation, not only for dog walkers, but cars and bike riders. There is no side walk at all, and no room for one person to walk;; therefore making it impossible to walk a dog. I see this as a great potential law suit for the city of Deiray Beach should an accident happen. I hope the city will quickly remedy this situation by lifting the ban and let dogs and dog owners walk on the protected side of the street After all, were side walks not made for pedestrians? Thank you for your consideration. Anita Casey 400 Gulfstream Boulevard · Delray Beach, Florida 33444 (561) 279-2984 · Fax (561) 279-2985 Mr. Robert Wechsler 1003 Beach Drive Ddray Beach, FL 33483 October 15, 2001 David W. Schmidt, Mayor c ty 100 N.W. 1 st Avenue Dekay Beach, FL 33444 Dear Mayor Schmidt, & City Corranissioners: I am a Ddray Beach resident and dog owner who is very much in favor of thc proposed ordinance that would allow dogs to be walked along the cast sidewalk of A1A. The present situation is dangerous for dogs & dog walkers; the proposed solution would make Dekay Beach walkers a safer and more friendly community. As for concern about "Little Packages"' we are responsible people who pick up after. We do not need city provided materials. On thc rare o~casion when there is a "Package" you can utilize thc services of the hundreds of people who do Community Service as in Beach Clean-Up patrol/ sidewalk. Thank you for your consideration in these matter. Very truly Yours: Robert W~lmler ~x \ ~ECEIVED ~ CITY CLERK _ _~J City of ~'~ Beach 100 ~.W. !" A~ RECEIVED CITY CLERK 1047 {~st Atlantic Avenue * Delray ]~a~ Florida Tel: (562) 27231;51 · :Fax: (561) 2~2-31,32 ADMINISTRATIVE SERVICES MEMORANDUM TO: David T. Harden, City Manager FROM: ~-~obert A. Barciaski, Assistant City Manager SUBJECT: Agenda Item City Commission Workshop April 9, 2002 Review of Ordin_ance 57-01; Animal Regulations DATE: April 2, 2002 At Commission's regular meeting on October 16, 2001, the above subject ordinance was amended to allow animals to be walked east of the curb on A-1-A to the dune line. At the time the ordinance was passed City Commission requested a review of the ordinance in six (6) months. At this time we have received no complaints or concerns about the expanded area at our office. I have also discussed this item with Rich Connell, Chief Schroeder, and Mr. Dahlem the President of the Beach Property Homeowners Association. Mr. Connell has indicated the Parks Maintenance crews have noticed a decrease in the amount of animal waste they have found in the grass area. The lifeguards have only one compliant and that is people who bring their animals on the beach and claim they didn't know where the dune line was. Chief Schroeder has indicated that the Police Department has received no complaints concerning this ordinance. Mr. Dahlem reviewed this item with his Board on 04/04/02. From a health stand point the BPOA felt that the area that animals could walk in east of the curb line on A-1-A should be restricted to the grass area on the north end of the beach where we have the wall and double sidewalk only. Staff is seeking direction from City Commission concerning the ordinance change based on the above input. RAB/tas File:u:sweeney/agenda Doc:Agenda Item Review Ordinance 57-01 Animal Regulations ORDINANCE NO. 57-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES", OF THE CODE OF ORDINANCES OF THE C1TY OF DELRAY BEACH, BY AMENDING SECTION 101,2?, "ANIMAL REGULATIONS", TO CLARIFY THAT ANIMALS SHALL BE ALLOWED IN THAT GRASSY AREA OF THE MUNICIPAL BEACH BETWEEN THE EASTERN CURB OF A-1-A AND THE WESTERN BASE OF THE DUNE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determ__ ined that by allowing dogs in the area described below is in the public interest of the residents of Deb'ay Beach; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 101, "Municipal Parks, Beach and other Recreational Sites", Section 101.27, 'An/rnal Regulations", of the Code of Ordinances of the City of De]ray Beach, Florida, be and the same is hereby amended to read as follows: ~ection 101.27 ANIMAL REGULATIONS. (A) No person shall herd, graze or permit to mn at large within any park any cattle, horse, mule, donkey, goat, swine, sheep or other animal, or any poultry or other fowl. (B) No person shall bring into, have or keep in any park, recreation or municipal beach site, any cat, dog or other animal without a specific permit frorn the Parks and Recreation Department. However, any ..cat, dog or other animal shall be allowed on the ~idewalk and grassy, area of the rnunicipal beach between the eastern curb of A-I-A and western base of the dune, for the entire length of the mun/cipal beach. For purposes of this ordinance, the western base of the ..dune encompasses all vegetative growth that is found on the dune. All an/real 0wlaer~ shall be responsible for the cleanup and disposal of'their animal waste in this area. Section 2. That should any section or pwvision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. hereby repealed. That all ordinances or parts ofordinances in conflict herewith be and the same are Section 4. That this ordinance shall become effective November 15, 2001. SED AND ADOPTED in regular session on second and final reading on this the /~"~ day of _ ,2001. MAYOR ATTEST: City Clerk First Reading ~.~. ,,,~, Second Reading 2 ORD NO. $%01 City Clerk's office, Mr. Levinson suggested that the City send a document that reads as follows: "This may not be the total number of liens and this must be verified through the lien records at the County". Mx. Perlman moved to waive the hen interest request in the mount of $258.70 on the property located at 338 N.W. 4~ Avenue, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mx. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a $ to 0 vote. Prior to the vote, Ms. McCarthy ~ated some sales are happening without the traditional title search. Ms. McCarthy suggested that if this is a concern, the Commission might need to discuss this further. Ms. McCarthy stated that the Commission would probably see more of this in the next five years. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10__, PUBLIC HEARINGS: 10.A. ORDINANCE NO. $7-01: An ordinance amending Chapter 101 (Municipal Parks, Beach and Other Recreational Sites), by amending Section 101.27 (Animal Regulations) to allow for animals on the sidewalk and grassy area west of the dune line on the east-side of A- 1-A. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 57-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.27, "ANIMAL REGULATIONS", TO CLARIFY THAT ANIMALS SHALL BE ALLOWED IN THAT GRASSY AREA OF THE MUNICIPAL BEACH BETWEEN THE EASTERN CURB OF A-1-A AND THE WESTERN BASE OF THE DUNE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of ordinance No. 5%01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -9- 10/16/01 Robert A. Barcinski, Assistant City Manager, stated at its meeting of October 2, 2001, the City Commission voiced concerns about enforcement, signage, pedestrian safety and clean up after pets. Mr. Barcinski stated a memo from Police Chief Schroeder is included in the agenda back-up outlining the enforcement measures. Public Works staff will make and install new signs along A-l-A, which would include clean up after pet requirements. Mr. Levinson inquired about Mayor Schrnidt's suggestion with regard to the plastic bags and asked Mr. Barcinski if he was able to obtain any information? In response, Mr. Barcinski stated he needs to call the County to obtain information about the plastic bags. Mayor Schmidt declared the public hearing open. Charlene Hennine, 1102 Waterway Way~ distributed a letter to Mayor Schmidt from one of the homeowners and stated she fully supports this ordinance. In addition, Ms. Henning reassured the Commission that she and her neighbors would clean up after their dogs. ,,Louis Feidgoise~ 1026 Coralina Lane~ stated he is a dog owner and expressed his support for the amendment to the ordinance. Mr. Feldgoise stated that he uses Gleason Street to walk his dog and emphasized that the street is extremely dark and not safe. Mr. Feldgoise stated if the proper enforcement is put into place and the community is notified of a significant finding imposed and should people not respect this, Mr. Feldgoise feels it would be adequate to encourage people to follow the regulations. Ali.ce Finst~...707 Place Tavant, suggested that the Commission review this ordinance and have a restricted area. For example, Ms. Finst suggested that the restricted area be at thc north end of the beach with access to the water. Ms. Finst suggested that there be a "dog beach". Ms. Finst stated she would also like to see additional language in the ordinance regarding a review in six months to see how it is working. Emily Stolman~ 1015 Vista Del Marl stated she recently moved to Delray Beach from New York where you can basically walk your dog anywhere. Ms. Stolman fully supports the amendments to the ordinance. Leslie Hening~ 1102 Waterway Lane, stated he is in favor of the expansion to the west side of the dune. Mr. Hening stated if there was a sidewalk on the west side of A-1-A then there would be no problem. However, currently to adhere to the rules of Delray Beach Mr. Herring stated someone walking their dog must walk in the road and he feels this is very dangerous. John Benne~ 137 Seabreeze Avenue~ supports this ordinance and suggested that there be more signs warning people to "do it right or loose it" in addition to the other signs that will be posted to make it clear to people who are not as motivated to pickup after their pets. With regard to the way the ordinance is written, Mr. Bennett explained two suggestions, which he feels the ordinance should reflect. One, Mr. Bennett suggested that the animals being walked in this area be on a leash. Secondly, Mr. Bennett made reference to the last sentence in the ordinance that reads: "All animal owners shall be responsible for the cleanup and disposal of -10- 10/16/01 any animal waste in this area." Mr. Bennett suggested that the wording be changed to add the following language at the end of the sentence "caused by their animals". MaT Ann Monnin~ 130 Andrews Avenue~ stated there are no sidewalks in the area and no neighborhood protection for dogs. Ms. Monnin inquired about why the sidewalk on the west side of A-l-A was never extended from Seagate to George Bush Boulevard. She feels the two sidewalks that are available north of Atlantic Avenue should be shared and people need to be responsible for picking up after their animals. Ms. Monnin stated walking on the west side is very dangerous and urged the Commission to take this very seriously. There being no else who wished to address the Commission, the public hearing was closed. Mr. Perlman commented that he has a dog and remembers that one of the frustrations he recalls is when the dog was younger is that there was no place to take him except for a County park. Mr. Perlman feels this ordinance is reasonable and he will support it. Ms. McCarthy stated her concern is the people who walk in the early morning that will be confronted with those people walking their dogs. Ms. McCarthy supports this ordinance but stated she would like to seeg_s~ix-month review 1)eriocl, Mrs. Archer stated she feels it is important to support the ordinance with the understanding that this be reviewed in approximately six months to a year. In addition, she feels the dogs should be on a leash. The City Attorney stated that the intent of the ordinance is that the dogs have a leash and that they not be allowed to just run free. Mr. Levinson stated he agrees with the leash and the review provision. In addition, although he feels it is important for responsible dog owners to pickup after their dogs, Mr. Levinson feels the language in the last sentence of the ordinance which states: "...any animal waste in this area." should be changed because he feels that it is unreasonable. Mayor Schmidt suggested changing the word "any" to "their". Mr. Levinson concurred with Mayor Schmidt about the wording change. The City Attorney gave direction to the City Clerk to place this in her tickler file for April 8, 2002. Mr. Levinson moved to adopt Ordinance No. 57-01 on second and FINAL Reading as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Scb. midt- Yes. Said motion passed with a 5 to 0 vote. .10.B. ,REQUEST FOR WAIVER OF CITY ORDINANCE (ABC CARPET & HOME): Consider a request from ABC Carpet & Home, 777 South Congress Avenue, for a waiver to the provisions of Section 4.6.7(G)(7) of the Sign Code in the City's Land Development -11- 10/16/01