Ord 04-03ORDINANCE NO. 4-03
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA AMENDING TITLE
IX, "GENERAL REGULATIONS," OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING CHAPTER 91, "ANIMALS", SECTION 91.20,
"RUNNING AT LARGE", PROVIDING FOR THE
AMENDMENT OF THE DEFINITION OF AT LARGE; BY
AMENDING CHAPTER 91, "ANIMALS", SECTION 91.28,
"IMPOUNDMENT; DISPOSITION", PROVIDING FOR
CONSISTENCY WITH THE AMENDED DEFINITION OF
RUNNING AT LARGE; PROVIDING A SAVINGS CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of De[ray Beach, Florida has become very
concerned about the increased amount of dogs running at large within the corporate limits of the
City; and
WHEREAS, the City Commission finds that it is in the best interest of the health, safety and
welfare, of the citizens of the City to prohibit dogs from running at large within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Title IX, "General Regulations", of the Code of Ordinances of the City
of De[ray Beach, Florida, Chapter 91, "Animals", Section 91.20, "Running at Large" be and the
same is hereby amended to read as follows:
Section 91.20 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 the dog to run at large within the corporate limits of the city.
e s a mean ..- ,...~ t........o..o ,... ,.,.,. .... "o'- '." ' '~ '- '~'-'r,
· .~..~--a nc.t .._a,........... ........ ......~...' ~y ....o.,~-~u .----.~,--'a ~-t-~:...~. ...... ...........: ....... ~.....~...' not under the direct control of
the 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.
(C) Any dog found running at large within the city limits is declared to be a
public nuisance; and the owner of any dog found mnnmg 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.
Section 2. That Tide IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.28, "Impoundment; Disposition", be,
and the same is hereby amended to read as follows:
Section 91.28 IMPOUNDMENT; DISPOSITION.
Any dog found upon ,.,. v .......... , ..... % ............. t~ .... v ..... mnnmev
at large in the city in violation of any of the provisions of this subchapter shall be
impounded by the Public Works Department of this city. This animal shall be turned over
to the County Animal Control Division as soon as practical. The pickup fee levied by the
city shall be $5, except that for multiple offenses within a one-year period the pickup fee
shall be $10 for the second offense and $25 for each subsequent offense. In addition, there
shall be imposed a boarding fee of $5 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. The owner of all animals
mined over to the city for disposal shall be charged a fee of $5.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith, be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 04-03
o~~ND ADOPTED in regular session on second and final reading on this
,2003.
CITY CLERK
First Readin _g~. ~ 4(~ aq~
Second Readin
MAYOR
3 ORD. NO. 04-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM $$ \0~ . REq;ULAR MEETING OF FEBRUARY 18. 2003
ORDINANCE NO, 4-03
FEBRUARY 14, 2003
This ordinance is before Commission for second reading to amend Chapter 91, "Animals", of the
City Code of Ordinances by amending Sections 91.20, "Running At Large" and 91.28,
"Impoundment;Disposition", to amend the definition of "At Large" and provide consistency for
grounds of impoundment.
At the first reading on February 4, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 4-03 on second and final reading.
S:\City Clerk\chevelle folder\agenda memos\Ord.4.03.2 18.03
[IT¥ DF I]ELIilIV BEI:I[H
RECEIVED
;;~ 6- 2003
CITY r:'~AHAGER
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7090
1993
DATE:
February 5, 2003
MEMORANDUM
TO: David T. Harden, City Manager
FROM: Terrill Pyburn, Assistant City Attorney
SUBJECT: Ordinance No. 04-03
Please place the revised ordinance regarding "Dogs Running at Large" on the
agenda for second reading at the next regular City Commission meeting. Please
note that the only revision made was to strike the word "upon" from Section 91.28.
Please let me know if you have any questions. Thank you.
TCP:smk
Attachment
Ordinance No. 04-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AMENDING TITLE IX,
"GENERAL REGULATIONS," OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, BY AMENDING CHAPTER
91, "ANIMALS", SECTION 91.20, "RUNNING AT LARGE",
PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF
AT LARGE; BY AMENDING CHAPTER 91, "ANIMALS",
SECTION 91.28, "IMPOUNDMENT; DISPOSITION", PROVIDING
FOR CONSISTENCY WITH THE AMENDED DEFINITION OF
RUNNING AT LARGE; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida has become very concerned
about the increased amount of dogs running at large within the corporate limits of the City; and
WHEREAS, the City Commission finds that it is in the best interest of the health, safety and
welfare, of the citizens of the City to prohibit dogs from running at large within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Title IX, "General Regulations", of the Code of Ordinances of the City of
Delray Beach, Florida, Chapter 91, "Animals", Section 91.20, "Running at Large" be and the same is
hereby amended to read as follows:
Section 91.20 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 the dog to run at large within the corporate limits of the city.
(B) At large shall mean ^cc
,.~ ..... ,~ k~k ~a ~k~ ......
(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.
(C) Any dog found running at large within the city limits is declared to be a public
nuisance; and the owner of any 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.
Section 2. That Title IX, "General Regulations", of the Code of Ordinances of the City of
Delray Beach, Florida, Chapter 91, "Animals", Section 91.28, "Impoundment; Disposition", be, and the
same is hereby amended to read as follows:
Section 91.28 IMPOUNDMENT; DISPOSITION.
in the city in violation of any of the provisions of this subchapter shall be impounded by the Public
Works Department of this city. This animal shall be tumed over to the County Animal Control
Division as soon as practical. The pickup fee levied by the city shall be $5, except that for multiple
offenses within a one-year period the pickup fee shall be $10 for the second offense and $25 for
each subsequent offense. In addition, there shall be imposed a boarding fee of $5 per day for each
day or fraction thereof that the animal shall be impounded. No animal can be reclaimed fi.om the
city unless the owner can show proof of inoculation against rabies and a current county license.
The owner of all animals turned over to the city for disposal shall be charged a fee of $5.
Section 3. 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 4.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith, be, and the same are
Section 5.
and final reading.
That this ordinance shall become effective immediately upon its passage on second
PASSED AND ADOPTED in regular session on second and final reading on this ., 2003.
day of
ATTEST:
MAYOR
CITY CLERK
First Reading
Second Reading
2 ORD. NO. 04-03
CiTy MANAGER
[ITY OF I)ELRA¥ BEA[H
CITY ATTORNEY'S OFFICE
DELRA¥ BEACH
Ail.America City
1993
DATE:
TO:
\ r.~
FROM:
~ ~ r7
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
FACSIMILE 407/278-4755
Writer's D~mct Line. 561/245o7090
MEMORANDUM
January 17, 2003
David Schmidt, Mayor
Terrill Pyburn, Assistant City Attorney
SUBJECT: Loose Dogs
I have researched the issue of loose dogs and dogs running at large pursuant to
your recent inquiry regarding loose dogs and I found that Section 5-1(d) of the
Tallahassee Code of Ordinances has the most inclusive definition of "at large".
The Tallahassee Code defines "at large" as: "...any dog which is not under the
direct control of the owner." In addition, Section 5-10) of the Tallahassee Code
further defines "direct control" as: "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, etc .... "
The Tallahassee Code also has a section called "Animals to be impounded". In
Section 5-12, it states, "It shall be the duty of animal control officers to catch and
impound any of the following classes of dogs within the city: (a) Any dog running at
large, etc .... " Therefore, it is my position that we may amend our Code of
Ordinances, Sections 91.20 and 91.28, to provide for the impoundment of dogs
running at large as defined as those dogs that are not within the direct control of
the owner, rather than simply those dogs that are off of the premises of the owner.
This amendment to our definition of "running at large" could help to alleviate any
nuisance or danger that may be caused by dogs that are loose within the City,
including those that may be within the owner's private property boundaries, but not
adequately contained therein.
Attached hereto, please find a copy of the Tallahassee Ordinance, Sections 5-1
and 5~12 as well as a copy of our current ordinance, Sections 91.20-91.28, and a
proposed amendment to our current ordinance. Please do not hesitate to contact
me at (561)243-7090 if you have any questions. Thank you.
Pnnted on Recycled Paper
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Sec. 5-1. Definitions.
As used in this chapter, the following words and terms have the meanings set forth in this section, unless the
context clearly indicates otherwise:
(al Animal: Any domesticated animal or any captive wild animal.
(b) Animal Control Officer: Any person employed or appointed by the city or county who is authorized to
investigate and enforce violations relating to animal control or cruelty under the provisions of this chapter.
(c) Animal Shelter: One (1) or more facilities designated by the city for the purpose of housing and caring for
animals held under the authority of this chapter.
supAt Large: Any animal, other than a cat or dog, which is off the premises of the owner, while not under the
ervision of the owner, or, in the case of dogs, any dog which is not under the direct control of the owner.
(el Cat: The domestic cat, Fells catus.
(fl Citation: A written notice issued to a person by an officer stating that the officer has probable cause to
believe that the person has committed a civil infracbon in violation of this chapter and that the county court will
hear the charge.
(gl City: The City of Tallahassee, a Florida municipal corporation. Duties and responsibilities of the city
referenced in this chapter shall be discharged by the city manager or his designees
(h) Dangerous Dog: Any dog that according to the records of either the Tallahassee-Leon Community Animal
Service Center, The Leon county Division of Animal control, and any law enforcement agency:
(1) Has aggressively bitten, attacked or endangered, or has infhcted severe injury on a human being on
public or private property; or
(2) Has more than once severely injured or killed a domestic animal while off the owner's property; or
(3) Has been used primarily or in part for the purpose of dog fighbng, or is a dog trained for dog
fighting; or
(4) Has, when unprovoked, bitten a domestic animal or a human, regardless of whether on public or
private property, or when unprovoked has chased or approached a person upon the streets, sidewalks or
any public grounds in a menacing fashion or apparent attitude of attack; provided that such actions are
attested to in a sworn statement by one (1) or more persons and dutifully investigated by any of the
above-referenced authorities.
This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties.
O) Dog: Shall mean the domestic dog, Canis famiharis, or any of the various other animals of the family
Canidae.
Direct Control: continuous control of at all times such of
Immediate,
physical
a
dog
as
by
means
a
leash,
rd, 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 If the controlhng person ~s at all times fully and clearly within
unobstructed s~ght and hearing of the dog, voice control shall be considered direct control when the dog is
actually participating in training or in an official showing, obedience, or field event. Direct control shall not be
required of dogs actually participating in a legal sport in an authorized area or to government police dogs.
(k) Impoundment. The taking or picking up and confining of an animal by an officer under the provisions of this
chapter.
(I) Legal Responsibility: For the purpose of this chapter, the owner as hereinafter defined shall be considered
legally responsible for:
(1) The actions of an animal; and
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(2) The care of an animal.
In the absence of written proof of ownership, all adult members of the household shall be considered legally
responsible.
(m) Officer: Any law enforcement officer or any animal control officer.
(n) Owner: Any person, partnership, corporation or other legal entity owning, harboring or keeping any animal,
or in the case of a person under the age of eighteen (18) years of age, that person's parent or legal guardian.
This definition shall not apply to any vetennary clinic or boarding kennel.
(o) Person: Any individual, firm, corporation, partnership, organization or association.
(p) Proper Enclosure for a Dangerous Dog: The secure confinement indoors or in a securely enclosed and
locked pen or structure, suitable to prevent the entry of children and designed to prevent the dog from escaping.
Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under or
through the structure, and shall also provide protection from the elements The enclosure shall be kept locked at
all t~mes to prevent unintentional opening of the enclosure. The dog shall not be permitted to come into contact
with animals other than those which reside on the owner's premises, or come into contact with persons other than
the owner(s).
lq) Severe Injury: Any physical injury that results in broken bones, multiple punctures, or disfiguring lacerations
requiring sutures or cosmetic surgery.
(r) Spayed or Neutered' Rendered permanently incapable of reproduction by a licensed veterinarian.
(s) Unprovoked Attack or Bite: Attack or bite where the victim has been conducting himself peacefully and
lawfully and has been bitten or chased in a menacing fashion or attacked by a dog.
(t) Veterinarian: Shall mean a person trained and authorized to treat animals medically who is duly licensed
and registered by the State of Florida under Florida Statutes, chapter 474, or licensing area in which the
veterinarian is practicing
(Ord. No. 89-0-0015AA, 3-22-89, Ord. No. 91-0-0061, § 1, 12-11-91; Ord No. 99-0-0031, §§ 1, 2, 5-26-99)
Cross references: Definitions and rules of construction, § 1-2
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Sec. 5-12. Animals to be impounded.
It shall be the duty of animal control officers to catch and impound any of the following classes of dogs within the
city:
(a) Any dog running at large as previously defined.
(b) Any dog which has not been inoculated for rabies and which does not wear a tag as evidence of such
inoculation as hereinafter required.
(c) Any female dog in heat which is not confined in a proper enclosure as hereinafter provided.
(d) Any dangerous dog which is not confined in a secure enclosure as hereinafter provided.
(e) Any dog suspected or believed to be infected with rabies or any other infection or contagious disease.
(f) Any dog running at large on the premises of pubhc parks or playgrounds.
It shall also be the duty of enfomement officers to catch and impound any other animal in violation of this chapter.
Animal control officers may issue to the known owner or keeper of such animal a warning notice or citation in lieu
of impounding an animal, as provided in section 5-23.
(Code 1957, § 7-18; Ord. No. 89-0-0015AA, 3-22-89, Ord. No. 91-0-0061, § 3, 12-11-91; Ord. No 99-0-0031, § 7,
5-26-99)
Note: Formerly, § 5-22.
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~) ~ ~0 C~ ~_~. Section 91.20
DOGS
Section 91.20 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 the dog to nm at large within the .corporate limits &the city.
(B) At large shall mean offthe premises of the owner or custodian of the dog and not
under control by leash, cord, chain or voice control.
(C) Any dog found running at large within the city limits is declared to be a public
nuisance; and the owner of any 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 &any accused person.
('80 Code, Sec. 5-18) Penalty, see Sec. 91.99
Cross-reference:
Dogs at municipal beach, see Sec. 101.27
Section 91.21 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 a dog to enter upon the property &another and damage that property.
(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 o~mer of the abutting prix'me
property maintains by planting, mowing, watering, fertilizing or similar care of grass, shrubbery,
trees and the like, planted thereon. The intent of this section is to include hll abutting property
regardless of ownership except the property owned by the owner of the dog, or the property of
· those who have consented to the owner of the dog, to do damage on their property.
(C) Damage to property shall include, but not be limited to, urinating or defecating by
any dog upon any property as contemplated herein.
('D) In the event any dog shall enter upon the property of another within the corporate
limits of the city and shall cause damage {hereon, proof that it is the property of another and of
the damage and the identity of the dog shall be sufficient to convict a person owning or having
charge of or control &the dog of violating the terms and provisions of this section. Consent of
the owner &the property shall be a defense to the violation.
('80 Code, Sec. 5-23)
Penalty, see Sec. 91.99
IX. 25
· , Section 91.22
Section 91.22 PROHIBITING DOGS IN PUBLIC BUILDINGS~ PLACES OF BUSINESS.
It shall be unlawful for any person who shall own, or be in control of or in charge of, any
dog, to allow or permit the dog in any public building in the city, or in any place of business in
the city without the permission of the owner or manager of the place of business.
('80 Code, Sec. 5-17)
Penalty, see See. 9I .99
Section 91.23 INJURY TO AND IN~TERFERENCE WITH POLICE DOGS
PROHIBITED.
In addition to the provisions of Sec. 91.01, it shall be unlawful for any person to
knowSngly batter, disable, injure, kill, torture or torment any dog used by the Police Department
in an official capacity while the animal is with an on-duty police officer or while the animal is
under the control and direction of a poIice officer and performing a law enforcement function, or
to interfere with or obstruct any animal while the animal is being employed by the Police
Department in any authorized act within the Department's official capacity.
('80 Code, Sec. 5-7) (Ord. No. 18-81, passed 4/28/81)
Penalty, see Sec. 91.99
Section 91.24 FEMALE DOGS IN SEASON.
No person owning or having custody of any female dog shall permit a female dog off the
premises of the owner or person having control of that dog when the dog shall be in season,
unless the same is under control and attached to a leash.
('80 Code, Sec. 5-22)
Penalty, see Sec. 91.99
Section 91.25 VICIOUS DOGS; MUZZLES.
All vicious dogs kept in the city shall be adequately muzzled if they appear on the public
streets, thoroughfares or other public places in the city. A dog shall be considered a vicious dog
if the dog has attacked or attempted to attack a person on a public street, thoroughfare or other
public place in this city, and a complaint has been made to the Public Works Department of this
city concerning the same, and the owner of the dog has been notified in writing by the Public
Works Department &this city of the attack or attempted attack.
('80 Code, Sec. 5-19) (Ord. No. 18-81, passed 4/28/81)
Penalty, see Sec. 91.99
'tX. 26
Section 91.26
Section 91.26 REPORT OF DOG BITES REQUIRED.
In the event any person is bitten by'a dog within the city, then it shall become the duty of
the person or the owner of the dog with knoMedge thereof, to report the incident to the Public
Works Department of the city, or to the County Health Department, within 24 hours thereafter.
('80 Code, Sec. 5-20) (Ord. No. 18-81, passed 4/28/81)
Penalty, see Sec. 91.99
Section 91.27 QUARANTINE OF BITING DOGI RABIES; LIABILITY.
Any dog reported to have bitten a person shall be kept in quarantine for a period of time
as may be designated by the County Health Officer for the purpose of testing the dog for disease.
Any dog suspected of being infected with rabies shall be released by its owners or custodian to
the County Health Officer for laboratory analysis by a licensed veterinarian. No liability for
compensation to the owner of the dog shall attach to the city by virtue of any procedure by the
County Health Officer.
('80 Code, Sec. 5-21)
Penalty, see Sec. 91.99
Section 91.28 IMPOUNDMENT; DISPOSITION.
Any dog found upon the public streets, thoroughfares or other public places in the city in
violation of any of the provisions of this subchapter shall be impounded by the Public Works
Department of this city. This animal shall be mined over to the County Animal Control Division
as soon as practical. The pickup fee levied by the city shall be $5, except that for multiple
offenses within a one-year period the pickup fee shall be $10 for the second offense and $25 for
each subsequent offense. In addition, there shall be imposed a boarding fee of $5 per day for
each day or fraction thereof that the animal shail be impounded. No animal can be reclaimed
from the city unless the owner can show proof of inoculation against rabies ~nd a current county
license. The owner of all animals turned over to the city for disposal shall be charged a fee of
$5.
('80 Code, Sec. 5-16) (Ord. No. 18-81, passed 4/28/81)
Section 91.29 PRIMA FACIE EVIDENCE OF VIOLATIONS.
In the event any dog shall be found in violation of the provisions oft}tis subchapter, proof
of the violation and the identity of the dog shall be prima facie evidence of the violation of this
subchapter by the person owning or having charge of or control of the dog.
('80 Code, Sec. 5-15)
IX .27