HomeMy WebLinkAboutO-2005-026 Dog TetheringORDINANCE NO. 2005-026
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES
ENTITLED, "ANIMALS AND FOWL", SECTION 5-15, ENTITLED "DOGS
AT LARGE PROHIBITED"; TO PROHIBIT THE OUTDOOR TETHERING,
TYING OR CHAINING OF DOGS SUBJECT TO CERTAIN CONDITIONS
AND TO PRESCRIBE HUMANE TREATMENT CONDITIONS FOR DOGS IN
THE OUTDOORS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Chapter 5 of the City Code of Ordinances, entitled "Animals and
Fowl", Section 5-15, entitled "Dogs at large prohibited", is amended to read as follows:
Sec. 5-15. Dogs at large prohibited.
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10 (b) It shall be a violation of this section for the owner of any dog to tie, chain, or
otherwise tether a dog in sueh a manner that it has aeeess to publie pfepel4y er ,
pfop rty of anothef withet4 the eensent of the ownef ef an), sueh pfepei4y outdoors,
provided, however, that a dog may be temporarily tethered, tied or chained outdoors for a
total period of time not exceeding one hour on apy day between the hours of 9:00 am and
6:00 pm if accompanied by its owner or any person over the age of fifteen years. No dog
shall be tethered, tied or chained outdoors at any time for puEposes of training on an
treadmill device. Dog owners must provide clean, safe and humane conditions for dogs
which are outdoors on private property, which conditions include, but are not limited to,
sufficient food and water, shelter from cold, heat and rain, with adequate shelter
ventilation.
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Section 2. 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.
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Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on June 28, 2005.
PASSED and ADOPTED on second reading on July 26, 2005.
ATTEST:-
LOUISE STILSON:
CITY CLERK
ct, C.��
ANNE CASTRO
MAYOR -COMMISSIONER
ROLL CALL:
COMMISSIONER ANTON - ABSENT
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
VICE -MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMAN J.�ANSNBRO
CITY ATTORNEY
2 ORMNANCE #2005-026
ep,
7-
TO: Mayor and City Commission
Ivan Pato, City Manager
Chief Bryan.Cowart
Louise Stilson, City Clerk
FROM: Tom Ansbro, City Attorney
DATE: July 7, 2005
0 RE: Dog Tethering Ordinance
Attached is a revised copy of the referenced ordinance, scheduled for second reading
(adoption) at the July 26, 2005 City Commission meeting. We received Commissioner Flury's
comments and incorporated them. The law has been changed to provide that it is unlawful at
any time to tether a dog outside unless accompanied the owner or by a person who is fifteen
years of age or older and only for a maximum period of one hour per day. Adequate food,
water and shelter must also be supplied for untethered dogs left outdoors.
The ordinance is ready for adoption at the July 26, 2005 Commission meeting.
TJA--slw
Attachment
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NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS GIVEN that on July 26, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard,
the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission
Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach,' Florida, to consider
the proposed adoption of the following Ordinances:
ORDINANCE NO. 2005-018
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 13,
"HEALTH AND SANITATION", ARTICLE 11, "SANITARY NUISANCES", DIVISION 1,
"GENERALLY", SECTION 13-32, CURRENTLY ENTITLED "RESPONSIBILITY OF OWNERS TO
MAINTAIN VACANT PROPERTY", TO CLARIFY THE RESPONSIBILITY OF OWNERS TO
MAINTAIN BOTH IMPROVED AND VACANT PROPERTY AND TO REVISE THE CHARGES
IMPOSED BY THE CITY FOR CLEARING OF IMPROVED PROPERTY AND VACANT LOTS
WHEN PROPERTY OWNERS FAIL TO DO SO VOLUNTARILY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2005-025
AN ORDINANCE AMENDING CHAPTER 13, "HEALTH AND SANITATION", ARTICLE IV,
"GARBAGE AND TRASH", SECTION 13-74, "GARBAGE COLLECTION BY PRIVATE HAULERS,
PERMITS REQUIRED", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, TO REQUIRE EMPTY GARBAGE CARTS AND OTHER RECEPTACLES TO BE
REMOVED FROM ROAD RIGHTS -OF -WAY AND THE FRONT YARDS OF RESIDENTIAL
PROPERTY BY DUSK ON THE DAY OF GARBAGE AND TRASH PICK-UP; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO. 2005-026
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE
CITY CODE OF ORDINANCES ENTITLED, "ANIMALS AND FOWL", SECTION 5-15, ENTITLED
"DOGS AT LARGE PROHIBITED"; TO PROHIBIT THE OUTDOOR TETHERING, TYING OR
CHAINING OF DOGS SUBJECT TO CERTAIN CONDITIONS AND TO PRESCRIBE HUMANE
TREATMENT CONDITIONS FOR DOGS IN THE OUTDOORS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania
Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any
person who decides to appeal any decision made with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
In accordance with the American with Disabilities Act, persons needing assistance to participate in any of
the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach,
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Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting.
/s/ Louise Stilson
0 City Clerk
Run in Sun Sentinel: July 15, 2005