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Ord G-295(19-58) ORDINANCE G-295 AN ORDINANCE PROVIDING FOR THE LICENSING OF ALL DOGS WITHIN THE CITY OF DELRAY BEACH: PROHIBITING DOGS FROM HUNNING AT LARGE WITHIN THE CORPORATE LIMITS OF DELRAY BEACH: AUTHORIZING THE IMPOUNDING AND DESTHUCTION OF DOGS; PROVIDING A PENALTY; AND REPEALING ALL ORDINANCES IN CONFLICT THERE~ITH. BE IT ORDAINED BY THE CITY COUNCIL OF DELRAY BEACH, FLORIDA: SECTION 1. DEFINITIONS. As used in this ordinance, unless the context otherwise indicates. (a) "DOG" shall include any animal of the canine family, and shall be deemed to include female as well as male dogs, except when otherwise specified herein. (b) "OWNER" shall be intended to mean any person or persons, firm, association or corporation (except a veterinarian or operator of a kennel) owning, keeping, or harboring a dog. (c) "UNLICENSED DOG" shall be intended to mean a dog subject to license and registration hereunder for which the license for the current year has not been paid or to which the license tag provided for herein is not attached. (d) "AT LARGE" shall be intended to mean off the premises of the owner, and not under the control of the owner or a member of his immediate family either by leash, cord, chain or under command. SECTION 2. LICENSE AND HEGISTR~TION REQUIRED. Except as specifically exempt hereinafter, all dogs more than six (6) months old, kept, harbored or maintained by their owners in the City of Delray Beach shall be licensed and registered, and their owners are hereby required to have them licensed and registered as herein provided. Dogs shall be registered with and dog licenses shall be issued by the tax collector of the City of Delray Beach, or such other department as may be designated by the City Manager, upon payment of a license fee of $2.00 for each dog for each calendar year or fraction thereof. The owner shall state at the time application is made for such license and upon printed forms provided I'or such ~rpose, his name and address, and the n~me, breed, color and sex of each dog owned or kept by high. The provisions of this section shall not be intended to apply to dogs whose owners are non-residents tempor- arily within the city, nor to dogs brought into the city for the purpose of participating in any dog show, nor to "seeing-eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons, for the purpose of aiding them in going from place to place. Application for license and registration shall be made annually on or before June 1st of each year, and within thirty- one (31) days after the dog becomes subject to licensing and registration hereunder, whichever occurs first. SECTION 3. T.~G AND COLLAR. Upon payment of the license fee, the clerk shall issue to the owner a license certi- ficate and a metallic tag for each dog so licensed. The shape of the tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number cor- responding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a duplicate will be issued by the clerk upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a fifty (50) cent fee for such duplicate. Dog tags shall not be transferable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner,s leaving the city before e~)iration of the license period. SECTION 4. RUNNING AT LARGE PROHIBITED. No owner or keeper of a dog shall allow or permit such dog, whether licensed or unlicensed, to be or run at large within the City of Delray Beach in or upon any public place or premises, or in or upon any private place or premises other thau those of said owner or keeper except with the consent of the person in charge of said private place or premises, unless such dog is securely restrained by a substantial leash not to exceed six (6) feet in length or is in charge and control of a person competent to keep such dog under effective charge and control; provided, however, nothing in this section shall prevent a dog from being used without leash in the conduct of obedience trials and training classes, or to herd, guard, gather or otherwise work domestic animals or fowls in or upon a public place or premises so long as such dog is under the charge and control of a person competent to keep such dog under effective charge and control and so long as such dog does not wrongfully harm or damage or threaten to harm or damage any person or public or private property. For purposes of this section, any dog in or upon any vehicle shall be deemed to be on the premises of the operator thereof. SECTION 5. NUISANCE PROHIBITED. ~o owner or keeper or person having custody or control of any dog shall allow or permit such dog to commit a nuisance on any public property or ~y improved private property other than that of the o~er or keeper or person who has accepted custody or control of such dog, provided that the foregoing shall not apply to street gutters. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section. SECTION 6. IMPOUNDING. It shall be the duty Of the Police Department of the City of Delray Beach or other designated agency to apprehend or cause to be apprehended any dog found r~ning at large contrary to the provisions of this ordinance. Such dog shall be impounded in the City pound or other suitable place designated for such purpose. Upon receipt of any dog for impounding, a complete registry shall be made entering the breed, color and sex of such dog and whether or not licensed. If licensed, the name and address of the owner, and the number of license tag shall also be entered. Licensed dogs shall be separated from unlicensed dogs. SECTION 7. NOTICE TO 0~NER. Not later than two (2) days after the impounding of any dog, the owner, if known, shall be notified thereof which notice shall be given in writing either by delivery to him personally or by deposit in the United States mails properly addressed and postage prepaid. Notice by mail shall be deemed complete two (2) days following deposit in the mails. If the owner is unknown, written notice shall be posted not later than two (2) days aI'ter the impounding of any dog for at least three (3) days at a conspicuous public place at the City Hall describing the dog and place and time of taking. Notice by posting shall be deemed complete the day following the third day of posting. The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and of charges incurred in impounding and keeping such dog. The following charges shall be made for impounding and keeping such dog: Two Dollars and Fifty Cents ($2.50) for impounding; Fifty Cents ($.50) per day for keeping and Fifty Cents ($.~0) for giving notice. SECTION 8. CARE AND DISPOSITION OF DOGS. All im- pounded dogs shall be humanely cared for and shall be supplied with sufficient food, water and other necessary care. All impounded dogs which are not reclaimed by their owners shall be kept for a period of one (1) week after the giving of notice of impounding to their owners. If at the exoiration of said period of one (1) week an impounded dog has not 9een reclaimed, it may be sold at public or private sale, humanely destroyed, or given away as a house pet. Notwithstanding any provision to the contrary set forth herein, any impounded dog which is suffering from rabies or an incurable disease shall be forthwith humanely destroyed, and any impounded dog which is suspected of suffering from rabies or an incurable disease shall remain impounded for a sufficient period of time to determine whether or not it is in fact suffering from said diseases. SECTION 9. CONFINEMENT OF CERTAIN DOGS. Any dog which on more than one occasion has bitten or otherwise injured any person other than his owner or a trespasser upon private premises whereat such dog is kept, or any dog which has otherwise demon- strated vicious, dangerous and fierce propensities, shall be deemed to be a vicious, dangerous and fierce dog, and it shall be the duty of the Police Department of the City of Delray Beach or other designated agency to cause such vicious, dangerous and fierce dog to be impounded in the City pound or other suitable place designated for such purpose. The keeping, harboring or maintaining in the City of Delray Beach of any Vicious, dangerous and fierce dog is hereby declared to be contrary to public health, welfare and saI'ety and to be a public nuisance, and, in addition to the foregoing methods of abatement of such nuisance, the same may be abated in any court of competent Jurisdiction. SECTION 10. R~BIES - NOTICE AND OBSERVATION. If a dog is suspected by his owner or by the Police Department of the City of Delray Beach, or other designated agency to have rabies or has been bitten by a dog suspected of having rabies, such dog shall be confined by a leash or chain on the owner,s premises and shall be placed under the observation of a veterinarian at the ex~ense of the owner for a period of two (2) weeks. The owner shall notify the Police Department oI° the City of Delray Beach, or other designated agency of the fact that his dog has been e~oosed to rabies, and at their discretion said Police Department or other designated agency is empowered to have such dog removed from the owner,s premises to a veterinary hos- pital and there placed under observation for a period of two (2) weeks at the expense of the owner. It shall be unlawful for any person knowing or sus- pecting a dog has rabies to allow such dog to be taken off his premises or beyond the limits of the City of Delray Beach without the written permission of the Police Department or other designated agency. Every owner, or other person, upon ascertaining a dog is rabid shall immediately notify the Police Department or other designated agency and the same shall either remove the dog or summarily destroy it. SECTION ll. PENALTIES. Any owner found violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $100.00 or imprisonment for a te~m not exceeding thirty (30) days, or by both such fine and imprisonment in the discretion of the municipal court. SECTION 12. REPEAL OF CONFLICT!MG ORDINANCES. All existing ordinances of the City of Delray Beach are hereby re- pealed insofar as they may be inconsistent with the p~ovisions of this ordinance. SECTION 13. SEPARABILITY OF PROVISIONS. It is the intention of the City Co,mucil that each separate provision of this ordinance shall be deemed independent of all other provi- sions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable. PASSED AND ADOPTED on the second and final reading, on this the day of 19~8. MAYOR ATTEST: City Clerk 1st reading August 2~, 175_8 2nd reading Affidavit of Publication DELRAY BEACH NEWS Published Weekly Delray Beach, Palm Beach Counfy, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned au.tl~ority personally appeared ........ ~_~___ -~__ :__ z~.~ ..... ............................................................ of the- 'Delray Beach NEWS, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attache, d copy. of advertisement, being a ........ in the matter of in the .................................................................... Court, was published in said newspaper in the issue (s) Affiant further says that the said Delray Beach NEWS is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been con- tinuously published in said Palm Beach County, Florida, each Thursday and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Flor- ida, for a period of one year next preceding the first publication of the attached copy off, dyer- tisement; and affiant further says that ....... has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said, newspaper. Sworn ~to and subscribed gef~re me this.~_..~._._ day Of-~-~-..~./.-~.h_ .................. A. D. 19~.-~-. (SEAL) / /gotar,~l Pub'iic N[y Corniness:on Expires Nov. 6,