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HomeMy WebLinkAbout2009-06 Code Amendment to Allow Dogs in Village ParksORDINANCE 2009-06 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 4, "ANIMALS AND FOWL," OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II, "DOGS AND CATS," TO ALLOW DOGS IN VILLAGE PARKS WITHOUT DEDICATED DOG AREAS SUBJECT TO ADDITIONAL CONDITIONS; AMENDING SECTION 4-27, "PROHIBITED IN CERTAIN AREAS; EXCEPTIONS," SECTION 4-28, "RUNNING AT LARGE," SECTION 4-31, "PERSONS WALKING DOGS RESPONSIBLE FOR REMOVAL OF WASTE," AND SECTION 4-32, "PERSONS WALKING DOGS TO CARRY WASTE -REMOVAL IMPLEMENTS;" PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Code currently prohibits dogs and cats from being located in any public parks, with the exception of portions set aside for exclusive use as a dog park; and WHEREAS, the Village Council wishes to amend the Village Code to allow dogs in certain portions of Village parks that do not have a dedicated dog area provided that the dogs are not permitted to run at large and the persons owning or controlling the dogs properly dispose of any fecal matter; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Chapter 4, "Animals and Fowl," of the Village Code of Ordinances by amending Article II, "Dogs and Cats," to read as follows (additional language underlined and deleted language is stfiek nhr^u h): ARTICLE II. DOGS AND CATS Sec. 4-27. Prohibited in certain areas; exceptions. (a) The owner of any dog or cat shall not permit or allow such dog or cat to be or enter upon any church premises, public hall or building, school premises, restaurant, store, market or any place where food or drink is commercially dispensed or sold. Page 1 of 3 (b) Nc person, being the ^ of any dog ^ cat, ()hall permit the same to be in any public park of the village unless tho village council has set aside a portion or pemc—n of publio parka for exclusive usage as a dog park. In -public parks where the village has set aside a portion of the park for use as a dog park, dogs are only permitted in that dedicated area. In all other public narks. dogs shall be permitted in all areas with the exception of playgrounds and dedicated athletic fields and courts. including. but not limited to. tennis courts. basketball courts. baseball fields. softball fields. racquetball courts and volleyball courts, provided that the person having possession. charge, custody or control of the dog complies with all other reauirements of this article. including. but not limited to. sections 4-28, 4-31 and 4-32 below. (c) 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 in section 4-30. (d) The provisions of paragraphs (a) through (c) shall not apply to guide and service dogs pursuant to F.S. section 413.08, nor shall the provisions of paragraphs (a) through (c) apply to dogs and cats being exhibited at pet shows or dog training schools during the time said shows and training schools are being conducted, all of which must be within the confines of premises and areas set out in paragraphs (a) through (c), above. Sec. 4-28. Running at large. (a) Dogs on streets and sidewalks. No person owning or having possession, charge, custody or control of any dog shall cause, permit or allow the dog to stray, run, be, go or in any other manner to be at large in or upon any public park, street or sidewalk unless accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash is not to exceed eight (8) feet in length. (b) Dogs on property of others. No person owning or having possession, charge, custody or control of any dog shall cause, permit or allow the dog to stray, run, be, go or in any other manner to be at large in or upon private property of others within the village without the express or implied consent of the owner of such private property. (c) Cats. 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, boulevard, 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. * k * Page 2 of 3 • • Sec. 4-31. Persons walking dogs responsible for removal of waste. It shall be unlawful for any person, while walking a dog, to permit such dog to defecate upon private property not owned by such person or not owned by the owner of the dog, or upon public property, including, but not limited to, public parks, sidewalks and swale areas, without removing the fecal matter immediately after such defecation has ended. Sec. 4-32. Persons walking dogs to carry waste -removal implements. Any person who walks a dog off the premises where the owner of the dog resides or off the premises where the person who is walking the dog resides shall carry with him, at all times when so walking a dog, appropriate implements to remove any fecal matter deposited by the dog on public property or upon private property not owned by the owner of the dog nor owned by the person walking the dog, together with adequate containers to carry the fecal matter back to the private property of the owner of the dog or back to the private property of the person walking the dog. In lieu of the foregoing. persons walking dogs off the premises where the owner of the dog resides or where the person walking the dogs resides may deposit fecal matter in receptacles specifically provided and dedicated for that purpose. Section 3. The provisions of this Ordinance shall become and be made part of the Code of Ordinances for the Village of North Palm Beach, Florida. Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be effective immediately upon adoption. PLACED ON FIRST READING THIS 28th DAY OF MAY, 2009. P,L4JWN SECOND, FINAL READING AND PAS ..,, It aA 'I'Village Seal) lcn ;=l__�7;i'!;,, =, 'YOR � ATTEST: 7/Ve "' "�"rVILLAGE CLERK APPROVED AS TO FORM AND GAL SUFFICIENCY: VILLAGE ATTORNEY OF E 2009. Page 3 of 3