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Ordinance 206 Animal Ordinance'~ (1 ORDINANCE N0. 206-70 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REGULATING ANIMALS AND FOWL IN THE VILLAGE OF NORTH PALM BEACH, PROHIBITING CERTAIN ANIMALS OR FOWL TO BE KEPT IN THE VILLAGE LIMITS, PROVIDING FOR REGISTRATION, INOCULATION AND LICENSING OF ' ANIMALS, REQUIRING LEASHES ON CERTAIN ANIMALS, SETTING FORTH RE- STRICTIONS ON RUNNING AT LARGE OR ANIMALS AS NUISANCES AND SETTING FORTH PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEAC}[, FLORIDA: Section 1. DEFINITIONS. As used in this ordinance, the following words and phrases shall have the meanings indicated: (1) Owner. In any prosecution under this Ordinance where it shall be found that a cat or dog is in the custody or under control of a minor, it shall be presumed that the owner of such cat or dog is the parent or legal guardian of such minor. Section 2. KEEPING PROHIBITED; EXCEPTIONS. No person , shall keep, possess or maintain any live animal, including fowl, within the Village, except as follows: (1) Dogs, cats, parrots, parakeets, canaries, rabbits, guinea pigs, hamsters, gerbils and turtles may be kept, possessed and maintained as household pets within the Village so long as they are kept, possessed and maintained in compliance with the provisions of this Ordinance, and provided, further, that these household pets do not constitute a nuisance to neighbors because of excessive noise or odors. Proper sanitary measures shall be observed and followed at all times in connection with the keeping, maintaining or possessing of such pets. (2) Any person desiring to keep, possess or main- tain any live animal, including fowl, which is not enumerated in Subsection 1 may do so only after written request therefor to the Village Manager, who shall at his discretion either grant , or deny such request based upon considerations of protecting public health, safety and welfare. Section 3. ABANDONING. No person shall desert or abandon any dog or other animal within the Village. ~ ~. Section 4. KILLING; POISONING. (1) No person shall wilfully and maliciously kill, maim, or disfigure any dog, cat or other animal of another person, or wilfully and maliciously administer poison to any dog, cat or other animal of another person, or expose any poisonous substance with in- tent that the same shall be taken and swallowed by them. (2) No person shall leave or deposit any poison or any substance containing poison, in any common street, alley, lane or thoroughfare, or in any yard or enclosure other than the yard or en- closure occupied or owned by such person; provided, however, that it V'J s}iall not be unlawful to leave or deposit insecticides that are not l~ ~ prohibited by any Village Ordinance on a Swale area in the Village .-r U U of North Palm Beach. Section 5. BITING AND ATTACKING DOGS, (1) It shall be the duty of the owner of any dog to prevent such dog from biting or attacking any person in the Village, and if a person is bitten by a dog he shall report the incident to the department of public safety immediately. (2) Whenever any dog shall have bitten any person, the director of public safety may ender such dog quarantined in the Palm F}each County Animal Rescue League shelter, or in a veterinarian's kennels, or on the owner's premises, for a period extending not longer than fourteen days from the date of the biting. (3) All expense incurred while the dog is in quarantine shall be borne by the owner, keeper or harborer of the dog. (4) Any dog which may unprovokedly bite or attack any person in the village is hereby declared to be a public nuisance and such dog may be apprehended and impounded at any time by any police officer, or other person charged with the enforcement of this ordinance. If such dog is impounded, the owner shall have no right to redeem the ' dog if it has unprovokedly attacked or bitten any person or persons iii the village on two or more separate occasions within any twenty-four - 2 - ~ ` month period unless he shall remove such dog from the village, immediately upon redemption, and shall not thereafter keep, harbor, or otherwise maintain such dog in the village at any time. A dog bite or attack shall be considered unprovoked if the dog which bites or attacks is unleashed onQ not confined on the owner's premises at the time. Section 6. BARKING, HOWLING DOGS---PROHIBITED. No person shall own, harbor, or keep within the village any dog, bitch or cat that becomes a nuisance to the community by barking or causing other disturbances. Section 7. REGISTRATION; INOCULATION, (1) No person owning or having the care, custody or con- trol of any dog or cat, more than six months old, shall permit such dog or cat to be in the village unless it has been inoculated against rabies within one year next preceding and unless such dog or cat shall wear a currently valid license from the village or some other jurisdiction having similar registration provisions. (2) The tax collector shall issue a certificate of regis- ' tration for dogs or cats, good for a period of one year, from the first day of May until the thirtieth day of April, and issue a metal tag for the cost of one dollar and fifty cents for males and spayed females, and two dollars for unspayed females. (3) Dogs and cats shall at all times wear a tag denoting currently effective registration and inoculation data and the words, "Village of North Palm Beach" or wear a currently valid tag issued by Palm Beach County, Florida. (4) Failure to have a dog or cat properly licensed shall result in an automatic fine of at least ten dollars for each separate offense. Section 8. REMOVING TAGS. No person, other than the owner or keeper, shall remove or cause to be removed the collar or tag , i'rom any dog or cat within the village. - 3 - 7~ Section 9. PROHIBITED IN PARKS. (1) No person, being the owner of any dog or cat, shall permit the same to be in any public park of the village. (2) Any dog or cat found running at large in any public park of the village shall be impounded by the police department in the manner provided for by Section 13. Section 10. CONTAGIOUS DISEASES. No persons owning any dog or cat, knowing it to be afflicted with any contagious disease or in an unhealthy condition, shall permit such dog or cat to be out in public within the village limits. L~ Section 11. CONTAGIOUS DISEASES---RUNNING AT LARGE--- Z~ ~ IMPOUNDING; DESTRUCTION, If the police officer for any reason sus- V pects that a dog or cat while running at large is not in a healthy condition or that it is suffering from any contagious disease, such officer shall impound such dog or cat and deliver it to a licensed veterinarian in North Palm Beach or vicinity thereof, and if it be determined by such veterinarian that the disease is incurable, such dog or cat shall be humanely destroyed or otherwise humanely disposed of in the discretion of the police officer. Section 12. RUNNING AT LARGE. No person owning, harboring, or having in his possession any dog shall knowingly permit or allow such dog to run at large within the village or knowingly allow such dog to be upon any street, boulevard, road or alley of the village, unless accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash is not to exceed eight feet in length. No person owning, harboring, or having in his possession any cat shall knowingly permit or allow such cat to run at large within the village, or knowingly allow such cat to be upon any street, boule- yard, road or alley of the village or in any yard or enclosure other ' than the yard or enclosure occupied or owned by such cat owner between the hours of 11:00 p.m. and 7:00 a.m. Section 13. IMPOUNDING. (1) Whenever a dog or cat is within the corporate limits oi' the village in violation of the provisions of this Ordinance, it shall be the duty of any police officer of the village, when such fact - 4 - ~~ shall be called to his attention, to take charge of such dog or cat and impound it. (2) Within five days thereafter, the owner of such dog or cat may apply for its release, and such release shall be granted providing the owner shall have paid whatever fine may have been imposed by the municipal judge for the violation of this Ordinance, , acid providing the owner shall also pay all expenses incurred in the capture, feeding and care of such dog or cat during the period of its retention by the village or under its authority. (3) If the owner of the dog or cat shall not make appli- cation for its release within five days, or shall not pay the charges and fines above referred to, then the director of public safety will release such dog or cat to the Palm Beach County Animal Rescue League. (4) Any police officer or other employee of the village who impounds or otherwise acquires possession of a dog or cat who has a license tag affixed to such animal, shall make every effort to notify the owner as soon as is reasonably possible. Section 14. PENALTY. Any person convicted of the violation ' of the terms of this Ordinance shall be punished by a fine not to exceed $500.00 or by imprisonment not exceeding sixty days, or by both such fine and imprisonment. Section 15. All ordinances or parts of ordinances in con- i'lict herewith are hereby repealed. PLACED ON FIRST READING THIS 11TH DAY OF SEPTEMBER, 1969. PLACED ON SECOND, FINAL READING AND PASSED THIS 12TH DAY OF FEBRUARY, 1970. /s/ Thomas F. Lewis MAYOR ATTEST: /s/ Dolores R. Walker Village Clerk - 5 -