Ord 11-03ORDINANCE NO. 11-03
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 91.02,
"LIVESTOCK AND POULTRY; IMPOUNDMENT",
PROVIDING AN EXCEPTION FOR AGRICULTURE
ZONING DISTRICTS; AMENDING SECTION 91.25,
"VICIOUS DOGS; MUZZLES", AMENDING SECTION
91.26, "REPORT OF DOG BITES REQUIRED",
AMENDING SECTION 91.28, "IMPOUNDMENT;
DISPOSITION"; AMENDING SECTION 91.42,
"IMPOUNDMENT AUTHORIZED; DISPOSITION",
PROVIDING FOR REFERENCES TO THE ANIMAL
CONTROL OFFICER INSTEAD OF CITY; PROVIDING
FOR REFERENCES TO CATS AND DOGS INSTEAD OF
ANIMALS AND INCREASING THE DISPOSAL FEE FROM
$5 TO $10; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTiVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to have its Code of
Ordinances accurately reflect the department and/or designees that handle animal complaints and
impoundment issues in order to avoid any confusion; and
WHEREAS, the City Commission desires to provide for an impoundment disposal fee of
$10.00 in order to cover the costs of disposing of animals turned over to 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 91.02, "Livestock and Poultry;
Impoundment", be, and the same is hereby amended to read as follows:
Section 91,02 LIVESTOCK AND POULTRY: IMPOUNDMENT,
(A) The keeping, maintaining or pasturing of horses, cattle, mules, goats, sheep,
swine, poultry or other livestock in the city is prohibited excerpt in areas desienated as
Aericulture Zone Districts (Al the C~ty s Land Development R%mlauon,~.
03) It shall be unlawful for any livestock to mn at large within the city.
(C) Any livestock found running at large within the city shall be impounded by
the City's Animal Control Officer ~ and turned over to the Palm Beach County
Animal Care and Control Division. The sum of $5 per day per head shall be assessed against
the owner of the livestock for an impoundment by the city in addition to any other charges
that may be levied by the palm Beach County Animal Care and Control Division. Any
person who willfully or negligently allows any livestock belonging to him, or under his
custody or control, to mn at large within the city, shall be guilty of a violation. As a part of
the penalty, an appropriate court having jurisdiction shall assess all costs of impounding
those animals against the defendant.
Section 2. That Tide , General Regulanons , of the Code of Ordinances of the City
~ IX" ' ,,
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.25, "Vicious Dogs; Muzzles", be, and
the same is hereby amended to read as follows:
Section 91.25 VICIOUS DOGS: MUZT. I.I~.S,
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 ,t._ ,,_.u,:
......... t' .... cat the City s Amm~ Control Officer ~ or the Palm Beach County
Animal Care and Control Division concerning the sa ~-a .~- ....
~ That Title IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.26, "Report of Dog Bites Required",
be, and the same is hereby amended to read as follows:
Section 91.26 REPORT OF DOG BITES REOUIRED,
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 knowledge thereof, to report the incident to
................. v ..... r,t the City's Animal Control Officer of-the-~, or to the
2 ORD. NO. 11-03
..... ,' ........ i-' ......... Palm Beach County Animal Care and Control Division, within
24 hours thereafter.
Section 4. That Title IX, "General R ' " ' -
egulattons , of the Code of Ordinances of the Ctty
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 ...... ~ .... ~-': ......... ~ ...... Lr ........ L ..... I-1;_ _1_
at large in the city in violation of any of the provisions of this subchapter shall be
impounded by tko PukEc \Vc, zkg Dcpaza.~cat the City's Animal Control Officer. cf
This av.'.'.'r.a! dog shall be turned over to the Palm Beach County Animal Care and 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 ar.'.'.'r, al dog shall be impounded. No
ar.'.'-'r, al dog 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 turned over to the city
for disposal shall be charged a fee of $-S $10.
Section 5. That Tide IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.42, "Impoundment Authorized;
Disposition", be, and the same is hereby amended to read as follows:
Section 91.42 IMPOUNDMENT AUTHORIZED: DISPOSITION.
Any stray cat found in violation of any of the provisions of this subchapter shall be
................. v .............. city the City's Animal Control Officer.
The ankz. al ca__it shall be turned over to the Palm Beach County Animal Care and Control
Division as soon as practical. The pickup fee levied by the dty 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 a:'J,~.al ca.._it shall be impounded. The
owner of all animals turned over to the dty for disposal shall be charged a fee of~,~ $10.
Section 6. 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.
3 ORD. NO. 11-03
Section 7. That all ordinances or parts of ordinances in conflict herewith, be, and the
same are hereby repealed.
Section 8. That this ordinance shall become effective mediately upon its passage on
second and final reading.
/~;. _PASSED AND ADOPTED in
of ~'/~,. ,2003.
ATTEST:
CITY CLERK
First Reading~. ~.,~a~'
Second Reading
regular session on second and final reading on this 40 day
4 ORD. NO. 11-03
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # \D ~) _ REGULAR MEETING OF MAY 20. 2003
ORDINANCE NO. 11-0(5 (AMENDING CHAPTER 91 "ANIMALS")
DATE: MAY 16, 2003
This is second reading and public hearing for Ordinance No. 11-03 which amends Chapter 91,
"Animals" of the City's Code of Ordinances by mending Section 91.02, "Livestock and Poultry",
Section 91.25, "Vicious Dogs; Muzzles", Section 91.26, "Report of Dog Bites Required", Section
91.28, "Impoundment; Disposition", and Section 91.42, "Impoundment Authorized; Disposition" to
accurately reflect the depa~h,~ent/designees responsible for handling animal complaints and
impoundment issues; and provide for an impoundment fee of $10.00.
At first reading on May 6, 2003, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 11-03 on second and final reading.
S\City Clerk\chevelle folder\agenda memos\Oral 11.03 animals.5.20.03
[ITY OF DELRI:IY BEI:lrH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
DELRAY BEACH
A~,toa City
Wdter's Direct Line: 561/243-7090
MEMORANDUM
DATE: April 25, 2003
TO:
FROM:
David T. Harden, City Manager
City Commission
Terrill Pyburn, Assistant City Attorney
SUBJECT: Revised Animal Ordinance
Please review the revised animal ordinance for changes regarding agricultural
areas. This change was made in order to make the ordinance more consistent
with LDR Section 4.4.1. If the ordinance meets with your approval, then please
place it on the agenda for the next City Commission meeting.
Please contact me if you have any questions at 7090. Thank you.
ORDINANCE NO. 11-03
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 91.02,
"LIVESTOCK AND POULTRY; IMPOUNDMENT",
PROVIDING AN EXCEPTION FOR AGRICULTURE
ZONING DISTRICTS; AMENDING SECTION 91.25,
"VICIOUS DOGS; MUZZLES", AMENDING SECTION
91.26, "REPORT OF DOG BITES REQUIRED",
AMENDING SECTION 91.28, "IMPOUNDMENT;
DISPOSITION"; AMENDING SECTION 91.42,
"IMPOUNDMENT AUTHORIZED; DISPOSITION",
PROVIDING FOR REFERENCES TO THE ANIMAL
CONTROL OFFICER INSTEAD OF CITY; PROVIDING
FOR REFERENCES TO CATS AND DOGS INSTEAD OF
ANIMALS AND INCREASING THE DISPOSAL FEE FROM
$5 TO $10; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach desires to have its Code of
Ordinances accurately reflect the department and/or designees that handle animal complaints and
impoundment issues in order to avoid any confusion; and
WHEREAS, the City Commission desires to provide for an impoundment disposal fee of
$10.00 in order to cover the costs of disposing of animals turned over to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Tide IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.02, "Livestock and Poultry;
Impoundment", be, and the same is hereby amended to read as follows:
Section 91.02 LIVESTOCK AND POULTRY: IMPOUNDMENT.
(A) The keeping, maintaining or pasturing of horses, cattle, mules, goats, sheep,
swine, poultry or other livestock in the city is prohibited except in areas desi~tmated as
A~m'iculture Zone Districts (A) in the City's Land Development Regulations.
(B) It shall be unlawful for any livestock to mn at large within the city.
(C) Any livestock found running at large within the city shall be impounded by
the City's. Animal Control Officer .u_~.~ r-:~.~..~ and turned over to the Palm Beach County
Animal Care and Control Division. The sum of $5 per day per head shall be assessed against
the owner of the livestock for an impoundment by the city in addition to any other charges
that may be levied by the Palm Beach County Animal Care and Control Division. Any
person who willfully or negligently allows any livestock belonging to him, or under his
custody or control, to mn at large within the city, shall be guilty of a violation. As a part of
the penalty, an appropriate court having jurisdiction shall assess all costs of impounding
those animals against the defendant.
Section 2. That Tide IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.25, "Vicious Dogs; Muzzles", be, and
the same is hereby amended to read as follows:
Section 91.25 VICIOUS DOGS: MUZZLES,
All vidous 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
~v,_~,._ ~ ........ the City's Animal Control Officer _c .u:~
........ s or the Palm Beach County
Anita 1 d ming th __ a .~. .........c .~-_ d g k
a Care an Control Division conce e same;~ ...................
Section 3. That Title IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.26, "Report of Dog Bites Required",
be, and the same is hereby amended to read as follows:
Section 91.26 REPORT OF DOG BITES REOUIRED.
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 knowledge thereof, to report the incident to
......... v ........ the City's Animal Control Officer ~c ~-~ ~: .
........ . ....... ~, or to the
2 ORD. NO. 11-03
"~v~--s ...... - ....... t' ........ Palm Beach County. Animal Care and Control Division, within
24 hours thereafter.
Section 4. 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.
at large in the city in violation of any of the provisions of this subchapter shall be
impounded by tlc ~..L,:_ ,iv?__l._ 1%....... ity's _c
.............. t' ......... the C Animal Control Officer .........
This arS,m< dog shall be turned over to the Palm Beach County Animal Care and 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 ac:~2 dog shall be impounded. No
ac.'.'.-r, al dog 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 turned over to the city
for disposal shall be charged a fee of $-5 $10.
Section 5. That Title IX, "General Regulations", of the Code of Ordinances of the City
of Delray Beach, Florida, Chapter 91, "Animals", Section 91.42, "Impoundment Authorized;
Disposition", be, and the same is hereby amended to read as follows:
$¢¢ti0n 91,42 IMPOUNDMENT AUTHORIZED: DISPOSITION.
Any stray cat found m violation of any of the provisions of this subchapter shall be
impounded by '..kc fl..k1:_ lv/--1.~ 1% ......... £ ,u;~ -;,-. thc City's Animal Control Officer.
The ~r'2v. al cat shall be turned over to the Palm Beach County Animal Care and 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 r..-.'.'..~r.l cat shall be impounded. The
owner of all animals turned over to the city for disposal shall be charged a fee of $~3 $10.
Section 6. 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 derision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
3 ORD. NO. 11-03
Section 7. That all ordinances or parts of ordinances in conflict herewith, be, and the
same are hereby repealed.
Section 8. That this ordinance shall become effective immediately upon its passage on
second and fmal reading.
of
PASSED AND ADOPTED in regular session on second and final reading on this · 2003.
day
ATFEST: .
MAYOR
CITY CLERK
First Reading
Second Reading
4 ORD. NO. 11-03