80-83 VOID
ORDINANCE NO. 80-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 5, "ANIMALS AND FOWL",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING ARTICLE I, "IN GENERAL", PROVIDING
EXPLICIT AUTHORITY TO SET TRAPS; PROVIDING THAT IT
SHALL BE UNLAWFUL TO MOVE, DESTROY, OR RELEASE TRAPPED
ANIMALS TO ANYONE OTHER THAN THE ANIMAL CONTROL OFFI-
CER; PROHIBITING THE CONCEALMENT OF ANY FOUND ANIMAL;
BY AMENDING ARTICLE II, "DOGS", BY REPEALING THE FEE FOR
VOLUNTARILY IMPOUNDING DOGS; PROVIDING THAT THE
ABSENCE OF VOICE CONTROL IS PRESUMED WHERE SIGHT OF A
DOG IS ABSENT; PROVIDING UNCONTROLLED DOGS ARE PRE-
SUMPTIVELY PUBLIC NUISANCES; PROVIDING SPECIFIC EXAMPLES
OF DOG NUISANCES; PROVIDING THAT DOG EXCRETA MUST BE
REMOVED BY THE OWNER OF THE DOG DEPOSITING SUCH ON
PUBLIC PROPERTY, RECREATION AREAS, OR PRIVATE PROPER-
TY; BY AMENDING ARTICLE III, "CATS", PROVIDING THAT THE
OWNER OF ANY CAT DEPOSITING EXCRETA ON PUBLIC PROPER-
TY, RECREATION AREAS, OR PRIVATE PROPERTY SHALL REMOVE
SUCH; WAIVING THE FEE FOR THE VOLUNTARY IMPOUNDMENT OF
CATS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article I, "In General", Section 5-6, "Interference with
animal control personnel", of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
Sec. 5-6. Interference with animal control personnel.
~a~ It shall be unlawful to interfere with any officer or designated animal
control person in the performance of their duties.
Section 2. That Article I, "In General", is hereby amended by enacting a
new Section 5-8, "Animal traps; unauthorized release", to read as follows:
Sec. 5-8. Animal traps - unauthorized release.
(a) The animal control officer(s) may place animal tra.ps on any public or
private property within the city; provided in the event that placement is on private
pr~)perty the consent of the owner shall be obtained.
(b) Any animal confined in an animal trap shall be considered to be in the
custody of-FSe animal control officer(s). It shall be unlawful for any person to move,
destroy, or release any such trapped ani~nal, whethe~ owner is present or not, to
anyone other than the animal control officer(s).
Section 3. That Article I, "In General", is hereby amended by enacting a
new Secti0'n 5-9, "Concealment of animals prohibited", is hereby enacted to read as
follows:
Sec. 5-9. Concealment of animals prohibited.
It shall be unlawful for any p..erson to hold, hide or conceal any animal to
which he does not have legal title prov{~led, however, that no person shall be in vio-
lation of this section if he 'shall have reported' his possessioh of such animal to the
department of public works within twenty-four (24) hours after acquiring possession of
such animal.
Section 4. That Article II, "Dogs", Section 5-16, "Impoundment, disposition
of violations", of the Code of Ordinances of the City of Delray Beach, Florida, is
hereby amended to read as follows:
Sec. 5-16. Impoundment, disposition of violations.
Any dog found upon the public streets, thoroughfares, or other Public places
in the city in violation of any of the provisions of this chapter shall be impounded by
the public works department of this city. Such animal shall be turned over to the Palm
Beach County Animal Control Division as soon as practical. The pickup fee levied by
the city shall be five dollars ($5.00) except that for multiple offenses within a one year
period the pickup fee shall be ten dollars ($10.00) for the second offense and
twenty-five dollars ($25.00) for each subsequent offense. In addition, there shall be
imposed a boarding fee of five dollars ($5.00) per day for each day or fraction thereof
that the animal shall be impounded. No animal can be reclaimed from the city unless
the owner can show proof of inoculation against rabies and a current county license.
Section 5. That Article II', "Dogs", Section 5-18, "Running at large", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
Sec. 5-18. Running at large.
(a) It shall be unlawful for any person who shall own, or have the care,
custody or control of any dog to permit such dog to run at large within the corporate
limits of the city.
(b) At large shall mean off the premises of the owner or custodian of such
dog and not under control by leash, cord, chain or voice control. Absence of voice
control shall be presumed when such dog is out of the sight of the owner.
(c) Any dog found running at large within the city limits is declared to be a
public nuisance; and the owner of any such dog found running at large shall be guilty
of an offense. In any prosecution brought under this section, it shall not be necessary
for the city to allege or prove knowledge or neglect on the part of any accused person.
(d) No owner shall fail to exercise proper care and control of his dog to
prevent it--i~m becoming a public nuisance.
(e) A public nuisance or nuisance animal shall be defined as any dog which:
(1) Molestspassersb~ or. passing vehicles.
Attacks other animals.
Trespasses on school grounds.
Damages private or public property.
(-~ Barks, whines or howls in an excessive continuous or untimely
fashion.
(6) Causes an annoyance in the neighborhood by acts such as over-
turning garbage cans or digging holes upon other than its owner's
property.
Section 6. That Article II, "Dogs", Section 5-23, "Damaging property of
another", Sf the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Sec. 5-23. Damaging property of another.
(a) It shall be unlawful for any person who shall own or be in control or
charge of any dog to allow or permit such dog to enter upon the property of another
and damage such property.
2 ORD. NO. 80-83
(b) Property of another shall include private property and any abutting
publicly owned property, easements, rights-of-way, cemetery, church or any other
property set apart for public use or held for benevolent or charitable purposes which
the owner of the abutting private property maintains by planting, mowing, watering,
fertilizing or similar care, of grass, shrubbery, trees, etc., planted thereon. The
intent of this section is to include all abutting property regardless of ownership except
the property owned by the owner of the dog, or the property of those who have con-
sented to the owner of the dog, to do such damage on their property.
(c) Damage to such property shall incIude, but not be limited to, urinating
or defecating by any dog upon any property as contemplated herein.
(d) In the event any such dog shall enter upon the property of another
within the corporate limits of the city and shall cause damage thereon, proof that it is
the property of another and of such damage and the identity of the dog shall be suffi-
cient to convict a person owning or having charge of or control of the dog of violating
the terms and provisions of this section. Consent of the owner of the property shall
be a defense to such violation.
(e) The owner of every dog shall be responsible for the removal of any
excreta de-~-sited by his dog on public walks, recreation areas, or private property,
where consent of the owner or person in control of such property is not obtained.
Section 7. That Article III, "Cats", Section 5-35, "Running at large", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as
follows:
(a) It shall be unlawful for any person owning, boarding or otherwise keep-
ing or having in his custody a cat to permit such cat to stray at large, or whether or
not at large, to permit such cat to be on privately owned property without the consent
of the owner, lessee or other person having lawful dominion and control of said private
property.
(b) The owner of every cat shall be responsible for the removal of any
excreta de-~-~ited boyf his animal(s) on public walks, recreation areas or private proper-
tY, where consent the owner or person in control of such property is not obtained.
Section 8. That Article III, "Cats", Section 5-36, "Impoundment authorized;
disposition", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended to read as follows:
Sec. 5-36. Impoundment authorized; disposition.
Any stray cat found in violation of any of the provisions of this article shall
be impounded by the public works department of this city. Such animal shall be turned
over to the Palm Beach County Animal Control Division as soon as practical. The
pickup fee levied by the city shall be five dollars ($5.00) except that for multiple
offenses within a one year period the pickup fee shall be ten dollars ($10.00) for the
second offense and twenty-five dollars ($25.00) for each subsequent offense. In addi-
tion, there shall be imposed a boarding fee of five dollars ($5.00) per day for each day
or fraction thereof that the animal shall be impounded.
e)ve~- ~o-t-he- eft-y- -Eov-~~- s~ ~~ed- ~ (ee -~-~ ~~-6~.
Section 9. 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 10. That this ordinance shall become effective ten (10) days after its
passage on second and final reading.
3 ORD. NO. 80-83
PASSED AND ADOPTED in regular session on second and final reading on this
the day of , 198 .
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
VOID
4 ORD. NO. 80-83