Ord 04-06
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ORDINANCE NO. 4-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF DELRA Y
BEACH, BY AMENDING SECTION 91.20, "RUNNING AT
LARGE", IN ORDER TO CLARIFY THAT DOGS MUST BE
UNDER THE OWNER'S DIRECT CONTROL WHETHER
THEY ARE ON OR OFF OF THE OWNER'S PROPERTY,
PROVIDING A GENERAL REPEALER CLAUSE; SAVING
CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to
protect the public health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH AS FOlLOWS:
Section 1. That Section 91.20, "Running at Large", Subsection (B) of the Code of
Ordinances of the City of Dekay Beach, be, and the same is hereby amended to read as follows:
Sec. 91.20 RUNNING AT LARGE.
(B) At large shall mean not under the direct control of the owner whether on or
off the property of said owner.
(1) Direct control shall mean immediate, continuous, physical control of
a dog at all times such as by means of a leash, cord, secure fence or
chain of such strength to restrain the dog and controlled by a person
capable of restraining the dog, or safe and secure restraint within a
vehicle.
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid. By adopting this ordinance, the City Commission intends
that each part shall be separate from one another and any part declared to be invalid or
unconstitutional shall not affect the validity of any remaining portions of the ordinance.
Section 3.
That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 4.
That this ordinance shall become effective immediately upon passage.
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\~ PASSED AND ADOPTED in regular session on second and final reading on this the
_ day Of~) .2006.
~Rl~
ATTEST:
~~.~~~:v
City Clerk
F~tRudmg ~ ~
Second Reading \ \.. ~ ~
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2
ont. No. 4-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM ~ \ b D - REGULAR MEETING OF JANUARY 17, 2006
ORDINANCE NO. 4-06 (AMENDING SECTION 91.20, "RUNNING AT
LARGE")
SUBJECT:
DATE:
JANUARY 13, 2006
This ordinance is before Commission for second reading and public hearing to amend Chapter 91,
"Animals" of the Code of Ordinances by amending Section 91.20, "Running at Large", to clarify that
"at large" shall mean not under the direct control of owner whether on or off owner's property.
At the first reading on January 3, 2006, the Commission passed Ordinance No. 4-06.
Recommend approval of Ordinance No. 4-06 on second and final reading.
s: \City Clerk\agenda memos Ord 4-06 Dogs Running at large 011706
ORDINANCE NO. 4-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 91.20,
"RUNNING AT LARGE", IN ORDER TO CLARIFY THAT DOGS MUST
BE UNDER THE OWNER'S DIRECT CONTROL WHETHER THEY ARE
ON OR OFF OF THE OWNER'S PROPERTY, PROVIDING A GENERAL
REPEALER CLAUSE; SAVING CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the
public health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH AS FOLLOWS:
Section 1. That Section 91.20, "Running at Large", Subsection (B) of the Code of Ordinances of the
City of Delray Beach, be, and the same is hereby amended to read as follows:
Sec. 91.20 RUNNING AT LARGE.
(B) At large shall mean not under the direct control of the owner whether on or off the
property of said owner.
(1) Direct control shall mean immediate, continuous, physical control of a dog at
all times such as by means of a leash, cord, secure fence or chain of such
strength to restrain the dog and controlled by a person capable of restraining the
dog, or safe and secure restraint within a vehicle.
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 division shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one
another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining
portions of the ordinance.
Section 3.
That all ordinances in conflict herewith be, and the same are hereby repealed.
Section 4.
That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the _ day of
,2006.
MAYOR
ArrEST:
City Clerk
First Reading
Second Reading
[IT' DF DELRAY BEA[H
It!eElVED
SEP2 2 2005
CITY MANAGER
ax
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CITY ATTORNEY'S OFFICE
.200 "lW 1st AVENUE' DEI.RAY BEACH. FLORIDA 33444
TEL.LPHO\E: 5()1/2-f.'-70<)O' FACSIMILE: 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7090
lI.8:d
AII.America City
, III I! DATE
1993 TO:
MEMORANDUM
September 21, 2005
David T. Harden, City Manager
FROM:
Terrill Barton, Assistant City Attorney
~
2001
SUBJECT: Ordinance Na:--G8-05 '-\- b\P
Attached please find a revised ordinance amending Section 91.20 of the Code of
Ordinances of the City of Delray Beach in order to clarify that "at large" shall mean
not under the direct control of owner whether on or off property of the owner.
Should you have any questions, please do not hesitate to contact me at 243-7090.
TCB: smk
Attachment
cc: Lula Butler, Director of Community Improvement
Rich Bauer, Code Enforcement Administrator
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Message
Kucmerowski, Carolanne
Page 1 of2
From: Quinlan, Donna
Sent: Friday, December 30,20058:55 AM
To: Kucmerowski, Carolanne
Subject: RE: Attached Ord. regarding Dogs Running at Large
Lula said it's okay, put on agenda
-----Original Message-----
From: Kucmerowski, Carolanne
Sent: Thursday, December 29, 2005 3:20 PM
To: Bauer, Richard
Cc: Quinlan, Donna; Butler, Lula
Subject: RE: Attached Ord. regarding Dogs Running at Large
Thanks!
~'A~
Executive Assistant/ Agenda Coordinator
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Phone (561) 243-7059
Fax (561) 243-3774
kucmerowsk@ci.delray-beach.fI.us
-----Original Message-----
From: Bauer, Richard
Sent: Thursday, December 29, 2005 3:06 PM
To: Kucmerowski, Carolanne
Subject: RE: Attached Ord. regarding Dogs Running at Large
Looks ok to me.
-----Original Message-----
From: Kucmerowski, Carolanne
Sent: Thursday, December 29, 2005 11:55 AM
To: Butler, Lula; Bauer, Richard
Cc: Quinlan, Donna
Subject: FW: Attached Ord. regarding Dogs Running at Large
Just following-up. . .... ... it is okay to add this ordinance to the 1/3 agenda?
Thank you,
~'A~
Executive Assistant/ Agenda Coordinator
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
12/30/2005
(j C -
33
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LEGAL NoncE$
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A PUBUCHEARING will be held on the
following prOposed ordinal1ces at 7:00
p.m. on TIJESQAY. JANUARY 1];
2llai or atony i:ontil)uatlon '01- such
meeting which is selby the Commis'
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and be hearq wIlhresjleC\ to the.pro-
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ORQI/WltEIIU-Gli
AN OAOtNANcE OFlliE CITY COM,
MISSION OF THE CITY.OF DElRAY.
BEACH, FlORIDA, AEZONlNG AND
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OF lliE CODE OF ORDINANCES OF
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RESERVED SPACES RlR'MIXE!J: USE
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ANORoItW<<:i' OF l1iE 'ClTYCOM-
MISSION Of lliE. CITY. Of DElRAY
BEACH. .... ..R.ORIDI\.~. . I.NG.lliE
CODE.Of.OADtNANCES Of lliE CITY
OfOEUlAY'BEACH.. B'( AMENOING
SEQTlON91.20."RUNNING AT
lARGE"'.IN OROEllmCI.MIFYTllAT
DOGS MUST" dEUNDERlliE
QWNER'S.. DIRECT'. CDNTI\Ol
. WHETHERTHEYARHlNDROFF OF
lliE OWNER'$" PROPElltY, PROVID-
ING AGENEAAlREPEAlER ClAUSE;
SAVING ClAUSE; AND AN EfFECTIVE
'DATE........ ... ....
flJease ,,' De aoVlsea mat rt':a PMson
~c:Jo~~"tn'~f~~
any mattereonsidered at ~.hear-
Ing.. such per.;on may need 10 ensure
lI1aI~verIla!im record includes the tes-
:;;::g ~=uPf\'!.'cl~hd.:
~=~~~r=05such record.
CITY OFDflMY BEACH
Chovelle D.'Nubin
City Clerk
PUBlISH: Friday, January 6. 2006
IloclIllalOlrtleIray Beach News
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