18-81 ORDINANCE NO. 18-81
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" BY REPEALING
SECTION 5-4 "IMPOUNDING LIVESTOCK AT LARGE"; ENACTING A
NEW SECTION 5-4 "IMPOUNDING LIVESTOCK AT LARGE" RELATIVE
TO IMPOUNDMENT OF LIVESTOCK AND ASSESSING IMPOUNDMENT
FEES; ENACTING A NEW SECTION 5-5 "UNLAWFUL TREATMENT OF
ANIMALS"; ENACTING A NEW SECTION 5-6 "INTERFERENCE WITH
ANIMAL CONTROL PERSONNEL"; ENACTING A NEW SECTION 5-7
"POLICE DOGS - INJURY TO AND INTERFERENCE WITH PROHI-
BITED"; BY AMENDING ARTICLE II "DOGS" BY REPEALING SEC-
TION 5-16 "IMPOUNDMENT, DISPOSITION OF VIOLATIONS";
ENACTING A NEW SECTION 5-16 "IMPOUNDMENt, DISPOSITION OF
VIOLATIONS" RELATIVE TO THE IMPOUNDMENT OF DOGS AND THE
IMPOSITION OF A PICK-UP AND BOARDING FEE; AMENDING SEC-
TION 5-19 "VICIOUS DOGS TO BE MUZZLED" TO DIRECT COM-
PLAINTS TO THE DEPARTMENT OF PUBLIC WORKS; AMENDING
SECTION 5-20 "REPORT OF DOG BITES REQUIRED" TO DIRECT
SUCH REPORTS TO THE DEPARTMENT OF PUBLIC WORKS; BY AMEND-
ING ARTICLE III "CATS" BY REPEALING SECTION 5-36
"IMPOUNDMENT AUTHORIZED; DISPOSITION"; ENACTING A NEW
.SECTION 5-36 '"IMPOUNDMENT AUTHORIZED; DISPOSITION" RELA-
TIVE TO THE IMPOUNDMENT OF CATS AND THE IMPOSITION OF A
PICK-UP AND BOARDING FEE; REPEALING SECTION 5-37 "WHO MAY
IMPOUND"; PROVIDING A SAVING CLAUSE; PROVIDING-AN EFFEC-
TIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 5 "Animals and Fowl", Article I, "In
General", Section 5-4 "Impounding livestock at large" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby repealed and a
new Section 5-4 is hereby enacted to read as follows:
Sec. 5-4. Impounding livestock at large.
Any livestock found running at large within the city shall
be impounded by the city and turned over to the Palm Beach
County Animal Control Division. The sum of five dollars
($5..00) per day per head shall be assessed against the owner
of said livestock for such impoundment by the city in addi-
tion to any other charges that may be levied by the Palm
Beach Animal Control Division. Any person who wilfully or
negligently allows any livestock belonging to him, or under
his custody or control, to run at large within the city,
shall be guilty of a misdemeanor. As a part of the penalty,
the judge shall assess all costs of impounding such animals
against the defendant.
Section 2. That Chapter 5 "Animals and Fowl", Article I, "In
General", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended by enacting Section 5-5 to read as follows:
Sec. 5-5. Unlawful treatment of animals.
It shall be unlawful to maliciously kill, disfigure, tease,
poison, molest, overload, torture or cruelly beat any ani-
mal. Ail animals must be provided with proper food, water,
shelter and medical attention.
Section 3. That Chapter 5 "Animals and Fowl", Article I, "In
General", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended by enacting Section 5-6 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.
(b) It shall be unlawful to move, destroy, or release
any animals caught in any trap set by animal control
personnel.
Section 4'. That Chapter 5 "Animals and Fowl", Article I, "In
General", of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended by enacting Section 5-7 to read as follows:
Sec. 5-7. Police dogs - Injury to and interference with
prohibited.
In addition to the provisions of Section 5-5, it shall be
unlawful ~for any person to knowingly 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 police
officer and performing a law enforcement function, or to
interfere with or obstruct any such animal while the
animal is being employed by the police department in any
authorized act within the department's official capacity.
Section 5. That Chapter 5 "Animals and Fowl", Article II, "Dogs"
Section 5-16 "Impoundment, disposition of violations" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereb~ repealed and a
· new Section 5-16 is hereby enacted 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 pick-up fee levied by
the city shall be five dollars ($5.00) except that for
multiple offenses within a one year period the pick-up
fee shall be ten dollars ($10.00) for the second offense
and twenty-five dollars 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 li-
cense. The owner of all animals turned over to the city
for disposal shall be charged a fee of $5.00.
Section 6. That Chapter 5 "Animals and Fowl", Article II, "Dogs~'
Section 5-19 "Vicious dogs to be muzzled" of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as followc:
All vicious dogs kept in the city shall be adequately
muzzled if they appear on the public streets, thorough-
fares, or other public places in the city. A dog shall
be considered a vicious dog if the dog has attacked or
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attempted to attack a person on a public street, tho-
roughfare or other public place in this city, and a
complaint has been made to.the ~e~ee Public Works De-
partment of this city concerning the same, and the owner
of the dog has- been notified in writing by the
Public Works Department of this city of such attack or
attempted attack.
Section 7. That Chapter 5 "Animals and Fowl", Article II, "Dogs"
Section 5-20 "Report of dog bites required" of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended to read as follows:
In the event any person is bitten by a dog within the
city then it shall become.the duty of such person or the
owner of the dog with knowledge thereof, to report such
incident to the ~e~ee Public Works Department of the
city, or to the county health department, within twenty-
four (24) hours thereafter.
Section 8. That Chapter 5 "Animals and Fowl", Article III,
"Cats", Section 5-36 "Impoundment authorized; disposition" of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby repealed and a
new Section 5-36 is hereby enacted 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 pick-up fee levied by the city
shall be five dollars ($5.00) except that for multiple
offenses within a one year period the pick-up 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 per day for each day or fraction thereof
that the animal shall be impounded. The owner of all
animals turned over to the city for disposal shall be
charged a fee of $5.00.
Section 9. That Chapter 5 "Animals and Fowl", Article III
"Cats", Section 5-37 "Who may impound" of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby repealed.
Section 10. That should any section or provision of this ordi-
nance 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 11. That this ordinance shall become effective ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 28th day of April , 1981.
MAYOR~
ATTEST: LEON M. WEEKES
Clerk
First Reading April 14, 1981
Second Reading April 28, 1981
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