08-69 ORDINANCE NO. 8-69.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 5, ARTI-
CLE II, OF THE CODE OF ORDINANCES OF SAID CITY
MAKING IT UNLAI~UL FOR ANY INDIVIDUAL OWNING OR
CONTROLLING ANY DOG TO ALLOW OR PERMIT SUCH DOG
TO ENTER UPON THE PROPERTY OF ANOTHER AND DAMAGE
SUCH PROPERTY.
WRE~AS, the City Council has received increasing complaints from
residents of the City regarding dogs running at large upon public and
private property other than the owner or keeper thereof; of public and
private nuisances committed by such animals; and of damage to public
and private property and persons by such animals; and
WHEREAS, the situation has reached that point where remedial leg-
islation of a stringent nature is necessary to require to be done that
which some owners of dogs apparently will not do voluntarily, that is,
exercise reasonable restraint and control over their dogs; and
WHEREAS, the City Council is charged with the protection of the
health, safety and welfare of the general public;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 5-15, of Article II, Chapter 5 in the
Code of Ordinances of said City be and the same is hereby amended to
read as follows:
"Section 5-15. Damaging property of another;
Proof of violation.
It shall be unlawful for any person who shall o~ or be
in control of or in charge of any dog to allow or permit
such dog to enter upon the property of another and damage
such property.
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 pur-
poses which the owner of the abutting private property
maintains by planting, mowing, watering, fertilizing or
similar care, of grass, shrubbery, tr~es, etc. planted
thereon. The intent of this ordinance is to include all
abutting property regardless of ownership except the prop-
erty owned by the owner of the dog, or the property of
those who have consented to the owner of the dog, to do
such damage on their property.
Damage to such property shall include, but not be
limited to, urinating or defecating by any dog upon any
property as contemplated herein.
In the event any such dog shall enter upon the proper-
ty 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 sufficient to convict a person owning or having
charge of or control of the dog violating the terms and
provisions of this section. Consent of the owner of the
property shall be a defense to such violation."
PASSED AND ADOPTED in regular session on this the 10th day of
March , 1969.
First Reading February 24, 1969 Second Reading March 10, 1969
DELRAY BEACH NEWS,JOURNAL
Published Weekly
r}elray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH!
Before the undersigned authority pe~ffi~lly~al~peaged .
who on oath says that he/slm is ........... ~..~ ...................... of The Delray0~each
News-Journal, a weekly newspaper published at Delray B~each, in Palm Be_ach (~ounty, Flor-
ida; that the attached copy of advertisement, being atq..~.~/..~..~.$
in the matter of/: -' ~ ' ~// , L' ~ ~X,, ~, -' '"'"'"''~2~~..~]...~.~....{[~...~....~,.~.....__
Affiant further says that the said :Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class marl matter at the post office in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in the said newspaper.
Suggested new ordinance, Section 5-15:
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 such dog to enter upon the property of
another and damage such property.
Property of another shall include private property and any abutting
publicly owned property, easements, righi~f-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 ordinance 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 consented to the owner
of the dog, to do such damage on their property.
Damage to such property shall include, but not be limited to, urinating
or defecating by any dog upon any property as contemplated herein.
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 sufficient to covict a person owning or having charge of or
control of the dog violating the terms and provisions of this section. Consent
of the owner of the property shall be a defense to such violation.