HomeMy WebLinkAboutO-2001-019 ORDINANCE NO. 2001-019
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO THE SUBJECT OF ANIMAL CONTROL; AMENDING
THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, BY AMENDING CHAPTERS 5 AND 17 TO ESTABLISH
COMPREHENSIVE REGULATIONS FOR ANIMAL CARE AND
CONTROL; PROHIBITING THE KEEPING OF ANIMALS WITHIN THE
CITY OF- DANIA BEACH EXCEPT AS PERMITTED BY SUCH
REGULATIONS; PROHIBITING CRUELTY TO ANIMALS; PROHIBITING
ANIMAL NOISE AND NUISANCES; REGULATING VICIOUS DOGS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, vicious dogs pose an immediate threat to public safety in the City of
Dania Beach; and
WHEREAS, nuisance animals, dogs at large and unregulated ownership of
animals threaten the public health, safety and welfare of the City of Dania Beach with
excessive noise, damage to property, and the spread of disease and unsanitary
conditions; and
WHEREAS, the City Commission desires to provide for comprehensive animal
control regulation in order to provide greater protection to the residents of the City of
Dania Beach and their domestic animals;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Dania
Beach, Florida:
Section 1. That Chapter 5 "ANIMALS and FOWL", Article I, " IN GENERAL" and
Article II, "DOGS", of the Code of Ordinances of the City of Dania Beach are amended
to read as follows:
CHAPTER 5. ANIMALS AND FOWL.
ARTICLE 1 IN GENERAI
Sec. 5-1.1. Short Title.
This Chapter shall be known and may be cited as the "City of Dania Beach Animal Care
and Regulation Ordinance".
Sec. 5-1.2. Purpose.
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It is the intent of this chapter to provide for animal care and control in the City of Dania
Beach.
Sec. 5-1.3. Definitions.
Whenever the following words or terms are used in this chapter, they shall have the
meanings ascribed to them in this section:
Animal means every living nonhuman creature.
Run-aAt large means to re—a.m. 7+ will beyend the ronfinoc of the promises where usually
Iron+ or e t of the non+rol of the keeper. an animal not under the physical control of the
owner, a member of the owner's family, or an individual designated by the owner to
have custody of the animal by means of a leash, cord or chain or not in the physical
presence of its owner or person in custody of such animal, or not confined to the real
property of its owner or person in custody by means of a fence, wall or other structure or
device constructed or used in a-manner which serves to keep such animal confined to
the property.
Citation means a written notice issued by an officer with probable cause to believe that
a person has committed a civil infraction in violation of this chapter or such notice when
sent by Certified Mail/Return Receipt Requested.
® Control means the regulation of the possession, ownership, care and custody of an
animal.
Cruelty means every act, omission or neglect by which unnecessary or unjustifiable pain
or suffering is caused, permitted or allowed to continue when there is a reasonable
remedy or relief, except when done in the interest of medical science.
Dog refers to both male and female canines.
Harbor means the act of keeping and caring for an animal or providing premises to
which the animal returns for food, shelter or care for a period of at least forty-eight (48)
hours.
Humane society shall be held to means the Broward County Humane Society.
Keeper means the person who owns, claims, keeps or otherwise has in his or her
possession any animal or fowl referred to in this chapter.
Kennel means any premises in or upon which any person engages in the business of
boarding, breeding, buying letting for hire training for a fee or selling dogs or cats
within a fully enclosed building.
License means the privilege granted by Broward County to keep any animal or fowl.
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Officer means any law enforcement officer as defined in Section 943.10, Florida
® Statutes, any code enforcement officer or any animal care officer.
Owner means any natural person, firm, association, corporation or other similar entity
who or which owns, keeps, harbors or controls an animal, and the knowledge and acts
of agents and employees of corporations or any entities in regard to animals
transported, owned, employed by or in the custody of a corporation or any entity shall
be held to be the knowledge and act of such corporation or entity. If the owner is a
minor. as :defined, by statute, the minor's parent(s) or legal guardian(s) shall be the
owner for purposes of this chapter.
Severe Injury means any physical injury that results in a broken bone or bones, or in a
bite or multiple bites or a disfiguring laceration or lacerations requiring sutures or
reconstructive surgery.
Unprovoked means that the victim who has been conducting himself or herself
peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by
a dog.
known and "Gensed by the United States Bureau of ARimal lRdustry as a ne rabies
ya,Gino and reGE)gn.zed by the ArneFiGan Veterinarian AsSGGiatinn
bFeed age sex and size by weigbt
Veterinarian means cr pesr—expert -ita�rfe6+i«j Gentagious and nnmmuniGabl
diseases Gf animals, who shall be a graduate of a reGGgnized and reputable Gollege Gf
veteFiRaryr-rmrrediniRe, and—iinvennsed by the State Board of Vtiter+Rary MediGine. a
veterinarian duly licensed and regulated by the State of Florida in accordance with
Chapter 474, Florida Statutes.
Vicious animal means any animal, including dogs andcats, with demonstrated
propensities toward savagery, fierceness, ferociousness or biting of human beings or
other animals without provocation.
Vicious Dog means any dog that according to the records of the Broward County
Animal Care and Regulation Division or other animal control or law enforcement
authority:
(1) Has, when unprovoked approached any person in a menacing fashion or
apparent attitude of attack upon the streets, sidewalks or any public ground or
places provided that such actions are attested to in a sworn statement by one or
more persons and dutifully investigated by an officer; or
(2) Has more than once severely injured or killed a domestic animal while off
�1 the owner's property; or
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(3) Has aggressively bitten, attacked or endangered or has inflicted severe
injury on a human being on public or private property; or
(4) Has been used primarily or in part for the purpose of dog fighting or is a
dog trained for dog fighting.
Wild Animal means any nonhuman primate, raccoon, skunk, fox, ferret, poisonous
snake leopard, panther, tiger, lion, lynx, or any other animal so classified by the Florida
Game and Fresh Water Fish Commission.
Sec. 5-2. Keeping of animals and fowl within city prohibited; exceptions.
O The keeping of poultry, dogs, cattle, horses, goats, or any animal which may be
considered within the category of livestock, and other domestic or wild animals within
the city is prohibited except as provided herein, and in the zoning code of the city,
"^^ ar;and pursuant to the appropriate state permits provided for in Chapter 372,
Florida Statutes.
(b) Any person found to be in violation of any provision of this Chapter shall be
punished in accordance with the provisions of sections 1-8 and 1-9 of the Code of
Ordinances.
(c) tThe keeping of dogs and other small domestic animals as household pets shall
be permitted within the city, but said household pets shall not be kept for breeding
purposes.
® (d) Kennels are permitted only in those zoning districts in which they are specifically
identified and permitted. Kennels are prohibited in all residential zoning districts. In
areas in which kennels are permitted no property line of any kennel shall be located
fewer than 500 feet from the property line of the nearest residential lot.
(e) It shall be unlawful for any person to keep more than three (3) dogs. A litter of
puppies may be kept for a period of time not exceeding five (5) months from birth
without being counted towards the limitation of three (3) dogs. This subsection shall not
apply to kennels as defined in this Chapter 5.
(f) It is the intention of the City Commission that the provisions of this Section 5-2
shall be prospective in effect, and that any person in possession of one or more pot
bellied pips may retain possession of any such animal(s).
Sec. 5-3. Keeping domestic fowl.
No person shall be permitted to keep any domesticated fowl within the city at any time.
Canaries, parrots, parakeets, and certain small wild song birds may be kept when
caged and within the confines of the home of the keeper, except that at no time shall
more than five (5) grown birds be kept in a single dwelling. Any birds which are
considered captive wildlife shall be possessed only pursuant to the appropriate state
permits issued to a keeper as otherwise provided for in Chapter 372, Florida Statutes.
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• Sec. 5-4. Keeping rabbits.
(a) The keeping, maintaining, breeding, storing, penning, confining, allowing to run
be at large, butchering, slaughtering, dressing, selling or giving away of a rabbit, or
rabbits, within the city is hereby declared to be a nuisance which is detrimental to the
health, morals, comfort, convenience and welfare of the inhabitants of the city, all
because of odors, Greations attraction of flies, ems-attraction of fleas and the
possibility that a rabbit may be the carrier of, or cause of, a potential disease, such as,
but not limited to, .hydrophobia eRd/erl rabbit fever or both. Further, the city commission
hereby finds and determines that the number of rabbits a person may keep is immaterial
to the nuisance that is created, all because of the prolific and well known breeding
habits of rabbits by which the number of rabbits initially bred by a pair of only two (2)
rabbits may increase literally into the hundreds on the basis of geometric progression
rather than on the basis of arithmetic progression.
(b) It shall be unlawful for any person to keep, maintain, breed, store, pen, confine,
allow to run at large, butcher, slaughter, dress, sell or give away any rabbit within the
city.
(c) Notwithstanding subsections (a) and (b), above, any person having custody of
the premises of a family unit may keep, maintain, pen and confine, as a family pet one
rabbit on the premises of such family unit, as defined by the zoning code of the city.
• Sec. 5-5. Confinement required; running animal at large prohibited;
impounding.
Any person who is a keeper of any animal or fowl shall keep such animal or fowl
properly confined in a substantial pen, coop or enclosure at all times, and it shall be
unlawful for any keeper to allow such animal or fowl to Pan be at large within the city. It
shall be the duty of the nee department, r any officer so designated by the City
. .on, to take up and impound, or to deliver to the humane soGiety any SUG14
animal or few! fG ind running of large within the nit„to seize and impound such animal at
large.
Sec. 5-6. Cruelty to an animal.
Any-person who Whoever overdrives, overloads, tortures, torments, deprives of
necessary sustenance, beats, cruelly ill-treats, overworks or otherwise abuses an
animal or intentionally causes such animal to be mutilated or inhumanely killed, or
causes the same to be done, or otherwise treats an animal or fowl in a cruel or
inhumane manner, shall be deemed to be in violation of this section. gr UnneGessarily nGruelly beats, mutilates or kills any animal eF few! withiR the Gity shall be guilty-ef-a
violation of this Code-.
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Sec. 5-7. Sale of baby animals.
It shall be unlawful for any person to sell, offer for sale, barter or give away baby
chickens or ducklings under six (6) weeks of age, or rabbits under two (2) months of
age, as pets, toys, premiums or novelties, or for other similar purposes.
Sec. 5-8. Artificial coloring.
It shall be unlawful for any person to dye or artificially color or cause to be dyed or
artificially colored°in-the city, any rabbit or other animal,baby chicken, duckling, or other
fowl, or to bring or transport the same into the city so dyed or artificially colored. It shall
further be unlawful for any person to possess, offer for sale, sell, barter or give away,
within the city, any dyed or artificially colored rabbit or other animal, baby chicken,
duckling, or other fowl.
Sec. 5-9. Hunting, trapping, molesting wild animals, fowl.
No person, other than a state game warden, shall kill, hunt or trap or in any way molest
any animal or fowl not in captivity within the city.
Sec. 5-10. Feeding, molesting monkeys or other wild animals.
The feeding or molestation of monkeys or other wild animals (ferae naturae), including
alligators, is hereby „rdained to be unlawful and prohibited within the corporate limits of
the city.
® Sec. 5-11. Permitting animal to commit a nuisance.
(a) It shall be a violation of this section for any person who owns or harbors any
animal to permit such animal to defecate upon:
(1) The sidewalk of any public or private street; or
(2) Any public park, public beach, public property or public school ground,
other than in areas designated for that purpose; or
(3) Any private property not belonging to the owner of the animal unless such
person makes an immediate effort to remove any feces deposited by the animal;
or
(4) Any public or private swale or street right-of-way serving to convey
stormwater to a canal, lake or other receiving water,
unless said person makes an immediate effort to remove any feces deposited by the
animal. This subsection (a) shall not be enforced against persons using service animals
as defined by the federal Americans with Disabilities Act.
(b) The actions of an animal constitute a nuisance when an animal disturbs_the
rights of, threatens the safety of or harms a member of the general public, or damages
the property of others It shall therefore be unlawful for any person to own keep,
possess or maintain an animal in such a manner so as to constitute a public nuisance.
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By way of example, and not of limitation, the following acts or actions by an owner or
keeper of an animal are declared to be a public nuisance:
(1) Allowing or permitting any animal to habitually bark, whine, howl, crow,
cackle or make other loud noise resulting in a serious annoyance to or
interference with the peace and quiet of neighboring residents, continuously for a
period of not less than ten (10) minutes or intermittently for a period of not less
than thirty (30) minutes. If any such event occurs, it shall be deemed to be an act
committed in violation of this section.
(2) Allowing or permitting an animal to continually damage the property of
anyone other than its owner, including, but not limited to, turning over garbage
containers or damaging gardens, flowers or other plant material.
(3) Maintaining an animal with a medical condition that could lead to a
widespread epidemic that would ultimately be dangerous to the public health,
unless the animal is kept in a manner that minimizes the public health threat and
is undergoing- treatment for the disease in -accordance with locally accepted
veterinary standards.
(4) Maintaining one or more animals in an environment of unsanitary
conditions which results in offensive odors or is dangerous to any person, the
animal or to the public health, welfare or safety.
• (c) In addition to the penalties provided in this chapter for the violation of the
provisions hereof, the City of Dania Beach may institute any lawful civil action or
proceeding to prevent, restrain or abate any acts or failures to act under this chapter,
which constitute a public nuisance.
Sec. 5-12. Nuisance dogs and cats.
(a) Any person wishing to capture and remove a nuisance dog or cat from his or her
property may obtain a live animal trap from the Broward County Animal Care and
Regulation Division as provided in Section 4-4 of the Broward County Animal'Care and
Regulation Ordinance, Part II Code of Ordinances,-Chapter 4 Animals and Fowl.
(b) Any animal found to be a nuisance and removed to the division shall be
impounded in accordance with Section 4-5 of the Broward County Animal Care and
Regulation Ordinance Part II Code of Ordinances, Chapter 4 Animals and Fowl.
Sec. 5-13. Confinement during heat.
Any unspayed female dog or cat in heat (estrus) shall be confined during such period of
time in a house building or secure enclosure. Said enclosure shall be constructed so
that no other dog or cat may gain access to the confined animal, except for intentional
breeding purposes.
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ARTICLE H. DOGS
Sec. 5-W14. Barking-and-vVicious dogs.
Ne PeFSGR 6hall keep aRy dog withiR the Im..m.i.ts- G-f thie Gity whiGh yells, howls er barks
large or beyond an ennlesure of " Uoonor (a)In the event that an incident involving
any dog that may be vicious as defined in this Code is reported, then the matter shall be
reported to the Broward-County Division of Animal Care and Regulation which will follow
the procedures and penalties for vicious dogs contained in the Broward County Animal
Care and Regulation Ordinance, Part II Code of Ordinances, Chapter 4 Animals and
Fowl.
(b) Notwithstanding the definition of "vicious dog" as provided in this chapter, no dog
may be classified vicious if an injury or damage is sustained by a person who, at the
time the injury or damage was sustained, was committing a willful trespass or other tort
upon premises occupied by the owner or keeper of the dog, or if lawfully on the
property, was teasing, tormenting, abusing or assaulting the dog or its owner or a family
member, or was committing or attempting to commit a crime. No dog may be classified
vicious if the dog was protecting or defending a human being within the immediate
vicinity of the dog from an unjustified attack or assault.
(c) This section shall not apply to dogs owned and used by a law enforcement
agency.
Sec. 5-2415. Running-Dogs at large prohibited.
No keener shall allow his dog to run of large
(a) It shall be a violation of this section for any person to permit any dog to be at
large as defined in this Chapter 5.
(b) It shall be a violation of this section for the owner of any dog to tie, chain, or
otherwise tether a dog in such a manner that it has access to public property or the
property of another without the consent of the owner of any such property.
(c) Any dog found by an officer to be at large may be seized and impounded and, as
an alternative or in addition to impoundment the officer finding such dog at large shall
issue a citation as provided in Section 4-28 of the Broward County Animal Care and
Regulation Ordinance Part II Code of Ordinances, Chapter 4 Animals and Fowl.
Sec. 5-2216. Bates to be reported Maccination and licensing of dogs and cats.
In Pi bitten by a dog withiR the limits ef the Gity, it shall beGeme
irsan
duty Of SUGh peFGGR or the keeper of the deg, when he has knowledge of the *RGodent, te
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Any person who owns a dog or cat four (4) months of age or older shall have such dog
is or cat vaccinated and licensed by Broward County as provided in Sections 4-10 and 4-
11 of the Broward County Animal Care and Regulation Ordinance.
Sec. 5-2317. Quarantine of IhBiting dogs.
(a) In the event any person is bitten by a dog within the limits of the city, it shall
become the duty of such person or the keeper of the dog, when such person has
knowledge of the incident, to report such incident to the Broward County sheriff's
department within twenty-four (24) hours thereafter.
Any dog reported to have bitten a person shall be kept in quarantine for such
period of time as may be designated by the nnunty health n#inor the Broward County
Division of Animal Care and Regulation for the purposes of testing the dog for disease.
Any dog suspected of being infected with rabies shall be released by its keeper to the
GGunty health the Division or a veterinarian for laboratory analysis by a l�no�a
veterinarian. No liability for compensation to the keeper shall attach to the city by virtue
of any procedure by the GOunty health GffiGer Division.
Section 2. That Chapter 17, "OFFENSES — MISCELLANEOUS", "ARTICLE I", "IN
GENERAL", of the Code of Ordinances of the City of Dania Beach is amended by
repealing section 17-23, entitled "Walking dog or cat; defecation on private or public
property prohibited", in its entirety.
Section 3. That Chapter 17, "OFFENSES — MISCELLANEOUS", ARTICLE IV,
"NOISE" of the Code of Ordinances of the City of Dania Beach is amended to read as
follows:
CHAPTER 17. OFFENSES — MISCELLANEOUS
ARTICLE IV. NOISE
Sec. 17-88. Specific prohibitions.
In addition to the general prohibitions set out above; the,following specific acts are
declared to be in violation of this article:
(e) Animals. Th )ossessing, or harboring of any animal whiGh ,
oF within - -.- - s4t*ve area. For the purpose of this artiGle, "barking dog" shall meaR
a dog that barks, bays, GReS, howls eF makes any otheF Reise Gentinuously andleF
more te the d*sturbanr__e of any persOR at any time of day or night, regaFdless of whethe-r
the deg, *6 physiG in or UPGR private property; provided, however, that a deg
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shall not be deerned "b-arking dc)g" if, at the tirne the dGg is barking eF making any
otheF RGise, a peFsen trespassing or threatening to trespass upon property i
whinh the dog is situated-.
Section 4. That except as amended above, all other provisions of Chapters 5 and 17 of
the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain
in full force and effect.
Section 5. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this ordinance are repealed to the extent of such conflict.
Section 6. That if any section, clause, sentence or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
shall not affect the validity of the remaining portions of this ordinance.
Section 7. That this ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on first reading on June 12, 2001.
PASSED AND ADOPTED on second reading on July 10, 2001.
. PATRICIA FLURY
MAYOR— COMMISSIONER
ATT ST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHA LENE JOH S N COMMISSIONER MIKES - YES
ACTING CITY CLE K VICE-MAYOR CHUNN - YES
MAYOR FLURY - YES
APPROVED AS TO F RM AND CORRECTNESS:
BY: ri ,^'� , M�_J
THOMAS J. ANSBRO
CITY ATTORNEY
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AGENDA REQUEST FORM
- - CITY OF DANIA BEACH
AGENDA ITEM NO. •
1. DATE OF COMMISSION MEETING: JULY 10, 2001
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND & FINAL READING®
4. SUMMARY EXPLANATION & BACKGROUND:
ANIMAL CONTROL ORDINANCE
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
STAFF MEMORANDUM
ORDINANCE
PUBLIC HEARING NOTICE
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
• 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: CITY STAFF
Submitted by:
Laurence G. Leeds, AICP, Director Date July 3, 2001
Growth Management Department
City Manager Date
•
CITY OF DANIA BEACH
• GROWTH MANAGEMENT DEPARTMENT
iw STAFF REPORT
TO: Jason Nunemaker, City Manager ;
FROM: Laurence Leeds, AICP, Director .h
Growth Management Department
SUBJECT: Animal Regulation Ordinance (Second Reading)
Date: July 10, 2001 Commission Meeting
The attached animal regulation ordinance reflects the changes requested by the City
commission at the May 22, 2001 Workshop.
1) Maximum number of adult dogs limited to three (3).
2) No limitation on the number of cats.
Also, kennels are required to be setback 500 (five hundred) feet from any residential
district. An earlier version of this ordinance required a 100-foot setback.
RECOMMENDATION
Approval.
Animal Regulation CC memo 070201.doc