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HomeMy WebLinkAboutOrd 1958-028 Dog LicensePage ORDINANCE #28 AN ORDINANCE OF THE VTT,TAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, PROVIDING FOR THE LICENSING OF ALL DOGS WIHIN THE CORPORATE LIMITS OF SAID VILLAGE; PROVIDING FOR RABIES INOCULATION AS A PREREQUISITE TO SUCH LICENSING; PROHIBITING DOGS FROM RUNNING AT LARGE; AUTHORIZING THE IMPOUND+. ING OF DOGS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR THE REDEMPTION OF IM- POUNDED DOGS AND FOR THE DISPOSITION OF UNCLAIMED DOGS; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE; ESTABLISHING PENALTIES FOR VIOLATION OF THE PROVISIONS THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AS FOLLOWS: Section 1. Definitions. As used in this ordinance, unless text otherwise indicates, (a) ttBitett shall include an abrasion of the skin. (b) "Dog" shall include any canine. (c) "License Year" shall mean the period between the first day of June in any calendar year and the last day of May in the following calendar year. the con- (d) "Owners' shall include any person, firm, partnership, trustee, association or corporation owning, keeping, harboring or otherwise maintaining a dog. (e) "Person" shall include any person, firm, partnership, trustee, association or corporation. (f) "Running at Large" shall refer to a dog off the premises of its owner and not under the immediate eye and control of the owner or person acting for the owner. Section 2. Duty to Register and License. Every owner who keeps, harbors, or otherwise maintains a dog more than six (6) months of age in the Village shall register such dog and procure a license for the same not later than the first day of June in each license year. Any dog purchased or otherwise acquired after the first day of June in any license year shall also be registered and licensed as provided herein not later than fifteen (15) days after the same is purchased or otherwise acquired, and any dog less than six (6) months of age shall also be registered and licensed as provided herein not later than fifteen (15) days after the same becomes six (6) months of age. • Page 94 Section 3. Registration and License. The application for registration and license shall be made to the Village Clerk and shall state the name, address, and telephone number of the owner, the breed, color, sex, name, and date of inoculation against rabies of the dog to be registered. The Village Clerk shall note this information in a dog register book at the time of registration. Upon payment of the license fee required herein and upon presentation of a certificate of a licensed Veterinarian that the dog to be registered and licensed has been inoculated against rabies in accordance with the provisions of this ordinance, the Village Clerk shall register the dog in the dog register book and shall issue a license certificate and metal license tag for each dog registered. Such metal tag shall have stamped thereon the words °North Palm Beach" and the year for which the same is issued, and shall bear an individual serial number. Should such tag become lost or destroyed, the Village Clerk shall upon proper application issue a duplicate tag. No license issued hereunder shall be transferable; provided, however, that whenever an owner to whom a license has been issued hereunder ceases to keep, harbor, or otherwise maintain the dog for which such license was issued, such owner may transfer such license to another dog, kept, harbored or other- wise maintained by him upon application to the Village Clerk for permission to do so. Section 4. Annual License Fee. The license fee for each dog registered shall be One Dollar ($1.00) for each license year or any fraction thereof. Section 5. Inoculation Against Rabies. It shall be the duty of every owner who keeps, harbors, or otherwise maintains a dog more than six (6) months of age in the Village to have the same inoculated against rabies by a licensed Veterinarian during each 12-month period preceding the date such dog is required to be registered. Any dog which is not inoculated against rabies as required -- herein is hereby declared to be a public nuisance and such dog may be apprehended and impounded upon the order of the Chief of Police. Section 6. Collar and Tag. Every owner shall provide each dog more than six (6) months of age kept, harbored, or otherwise maintained by him in the Village with a sturdy collar to which the aforesaid license tag shall be securely fastened and it shall be the owner's duty to make certain that the collar and tag are worn at all times by the dog when off the owner's premises. Section 7. Unauthorized Removal of Tag. It shall be unlawful for any person to remove a license tag from any dog without the owner's or his agent's permission, unless an emergency involving the safety of such dog necessitates such action. Section 8. Running at Large. It shall be unlawful for any owner to permit or allow any dog kept, harbored, or otherwise maintained by him to run at large in the Village at any time. Any dog which runs at large is hereby declared to be a public nuisance and such dog shall be apprehended and impounded if found running at large by any Police Officer, or other person charged with the enforcement of this ordinance. Page 97 Any owner found guilty of violating the provisions of this section shall be fined not less than One Dollar ($1.00) nor more than Ten Dollars ($10.00) for the first offense and not less than Two Dollars ($2,00) nor more than Twenty-five Dollars ($25.00) for any subsequent offense. Section 9. Confinement of Dangerous Dogs. Any dog of fierce, dangerous, or vicious propensities shall be confined by its owner on the owner's premises at all times in such a manner that it cannot reach persons who may have occasion to lawfully enter upon said premises. Any dog of fierce, dangerous, or vicious prepensities which is not confined on its owner's premises as provided herein is hereby declared to be a public nuisance and such dog may be apprehended and impounded upon the order of the Chief of Police. The owner shall have no right to redeem such dog unless he shall remove the same from the Village immediately upon redemption and shall not thereafter keep, harbor, or maintain such dog in the Village at any time. Any owner found guilty of violating the provisions of this section shall be fined not less than Five Dollars ($5.00) nor more than Ten Dollars($10.00) for the first offense and not less than Ten Dollars ($10.00) nor more than Twenty- five Dollars ($25.00) for any subsequent offense. Section 10. Biting and Attacking Dogs. 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 Police Department immediately. 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 an 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 in the Village on two or more separate occasions within any twenty-four (214) 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. No dog bite or attack shall be considered unprovoked if the dog which bites or attacks is unleashed or not confined on the owners premises at the time. Section 11. Quarantine of Biting Dogs. If an owner has notice that his dog has bitten any person, it shall be unlawful for such owner to kill such dog, or to sell or give such dog away, or to permit or allow such dog to be taken beyond the limits of the Village except to a licensed Veterinary Hospital, but it shall be the duty of such owner to immediately report the incident to the Police Department to immediately place such dog in a licensed Veterinary Hospital where such dog shall be quarantined for a period of at least fourteen (14.) days or upon the request of any Police Officer, or other person charged with the enforcement of the ordinance, to deliver such dog to them for such placement. The owner shall immediately furnish the Police Department with the name and location of said hospital and a certificate of a licensed Veterinarian stating whether or not such dog shows symptoms of rabies. At the expiration of the quarantine period and prior to the Page 9,9 • • • • release of such dog, the owner shall furnish the Police Department with another certificate of a licensed Veterinarian stating that such dog does not have rabies. All costs of maintaining such dog in a Veterinary Hospital shall be the obligation and responsibility of its owner and shall be paid by said owner. In all cases where any dog whichhas bitten a person is slain or dies within fourteen (14) days from the time of the bite, it shall be the duty of the person slaying such dog and the immediately deliver such owner of such dog to notify the Police Department and to dog intact to said Department, or cause the same to be done. Section 12. Disturbing Quiet and Damaging Property. It shall be unlawfu 1 for an owner to keep, harbor, or otherwise maintain a dog in the Village which shall disturb the quiet of any person or neighborhood, or which shall cause damage to the property of any person other than its owner, or which shall attack any person, or which shall cause danger or fear to any person or neighborhood. Section 13. Rabies. Any dog suffering from rabies is hereby declared to be a public nuisance and such dog may be slain by any Police Officer, or such other person charged with the enforcement of this ordinance, if the same cannot be safely apprehended and impounded. It shall be the duty of any person keeping, harboring, or otherwise maintaining any such dog to place it immediately in a Veterinary hospital or, upon demand, to surrender such dog to any Police Officer, or other person charged with the enforcement of this ordinance. It shall be the duty of every person who discovers that any dog is suffer- ing with rabies or that any dog or other animal has been bitten by a dog or other animal suffering with rabies to report such fact immediately to the Chief of Police. Such report shall give the name, if known, and the place of residence of the person keeping, harboring, or otherwise maintaining any such dog or other animal, the place where the same can be found, and the license numbers of any such dog, if known. Any such dog or other animal shall be immediately confined in a Veterinary hospital or taken up and impounded and securely kept until it can be determined whether any such dog or other animal is suffering with rabies. Section lit. Muzzles. Whenever the Mayor, by proclamation, shall declare that danger from rabies is great, it shall be unlawful to permit or allow any dog upon the public street, alley or sidewalk or other place unless such dog is securely muzzled. Section 15. Redemption of Impounded Dogs. The imponding of dogs under the provisions of this ordinance shall be carried out by the Animal Rescue League of Palm Beach County, Florida, at the direction and request of the Chief of Police, or such other person as may be charged with the enforcement of this ordinance under Section 20 below. A11 dogs shall be impounded at the facilities provided by the Animal Rescue League for such purposes, and which are situated at 2401 North Tamarind Avenue in the City of West Palm Beach, Florida. The Chief of Police shall maintain a record of each dog so impounded, which said record to reflect the breed, color, and sex of such dog and whether licensed. If licensed, the name, address and telephone number of the owner and the number of the license tag shall also be entered upon such record. • Page 99 Not later than twenty-four (24) hours after the impounding of any dog, the owner shall be notified by mail, or if the owner bf the dog is unknown, notice shall be posted at the Village Hall describing the dog and the time and place of taking. The owner of any licensed dog so impounded or the person claiming to be the owner of any unlicensed dog may redeem such dog in accordance with the pro- visions of this ordinance upon payment of the license fee, if unpaid, and a main- tenance charge of Two Dollars ($2.00) for each day or fraction thereof that such dog is impounded. All fees and charges shall be paid to the Village Clerk. Section 16. Disposition of Unclaimed Dogs. If any impounded dog is not redeemed at the expiration of the sixth day after the day notice was mailed or posted as provided herein, such dog may be destroyed or otherwisedisposed of without further notice; provided, however, that if any dog has not been destroyed or other- wise disposed of, any person may redeem such dog in accordance with the provisions of this ordinance after the time for redemption by the owner has passed. Section 17. Unlawful Treatment of Dogs. It shall be unlawful for any person to maliciously shoot, poison, kill, injure, abuse, or illtreat any dog and any person who kills or injures a dog while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable and shall immediately report the incident to the Police Department. Section 18. Hindering Enforcement. It shall be unlawful to hinder or molest any Police Officer, or other authorized person engaged in the enforcement of this ordinance. Section 19. Prohibitions. The owner of any dog shall not permit or allow such dog 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. The provisions of this section shall not apply to dogs leading blind persons, or to dogs exhibited at dog, or pet shows, or dog training schools. Section 20. General Enforcement. The Chief of Police and such other persons as may be designated by him or the Village Manager are hereby authorized and directed to enforce this ordinance. Section 21. Separability. Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. Section 22. General Penalty. Any person convicted of any violation of the provisions of this ordinance, when no other penalty is provided, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Section 23. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 24. Effective Date. This ordinance shall be in full force and effect from and after its passage and approval as provided by law. FIRST READING the i i4T—" day of T,T7,4 nj ut) .e V SECOND, FINAL READING AND PASSAGE the //2211. day of 1958. Fsaean& V 1958. s/ Robert Tufford Village Clerk S/ Richard E. Ross Mayor Page 99 Not later than twenty-four (24) hours after the impounding of any dog, the owner shall be notified by mail, or if the owner bf the dog is unknown, notice shall be posted at the Village Hall describing the dog and the time and place of taking. The owner of any licensed dog so impounded or the person claiming to be the owner of any unlicensed dog may redeem such dog in accordance with the pro- visions of this ordinance upon payment of the license fee, if unpaid, and a main- tenance charge of Two Dollars ($2.00) for each day or fraction thereof that such dog is impounded. All fees and charges shall be paid to the Village Clerk. Section 16. Disposition of Unclaimed Dogs. If any impounded dog is not redeemed at the expiration of the sixth day after the day notice was mailed or posted as provided herein, such dog may be destroyed or otherwisedisposed of without further notice; provided, however, that if any dog has not been destroyed or other- wise disposed of, any person may redeem such dog in accordance with the provisions of this ordinance after the time for redemption by the owner has passed. Section 17. Unlawful Treatment of Dogs. It shall be unlawful for any person to maliciously shoot, poison, kill, injure, abuse, or illtreat any dog and any person who kills or injures a dog while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable and shall immediately report the incident to the Police Department. Section 18. Hindering Enforcement. It shall be unlawful to hinder or molest any Police Officer, or other authorized person engaged in the enforcement of this ordinance. Section 19. Prohibitions. The owner of any dog shall not permit or allow such dog 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. The provisions of this section shall not apply to dogs leading blind persons, or to dogs exhibited at dog, or pet shows, or dog training schools. Section 20. General Enforcement. The Chief of Police and such other persons as may be designated by him or the Village Manager are hereby authorized and directed to enforce this ordinance. Section 21. Separability. Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. Section 22. General Penalty. Any person convicted of any violation of the provisions of this ordinance, when no other penalty is provided, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00). Section 23. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 24. Effective Date. This ordinance shall be in full force and effect from and after its passage and approval as provided by law. FIRST READING the i i4T—" day of T,T7,4 nj ut) .e V SECOND, FINAL READING AND PASSAGE the //2211. day of 1958. Fsaean& V 1958. s/ Robert Tufford Village Clerk S/ Richard E. Ross Mayor