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HomeMy WebLinkAbout2010-10 Code Amendment Allowing Dogs in Specific Areas of Anchorage Park• ORDINANCE 2010-10 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 SPECIFIC AREAS OF ANCHORAGE PARK; PROHIBITING RETRACTABLE LEASHES IN PUBLIC PARKS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council recently amended the Village Code to allow dogs in certain areas 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; WHEREAS, Anchorage Park is the only Village park with a specified dog area; and WHEREAS, the Village Council wishes to amend the Code to allow dogs within specified portions of Anchorage Park and to prohibit the use of retractable leashes in public parks; 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 strickeft-through): 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) In public parks :.hc a the ,i l e ha of sido ortion o fthe rk for use as a dog park Anchorage Park. dogs are only permitted in that the dedicated dog park area, on the interior roadways. and on the perimeter walkways located on the east and south sides of the park as depicted in Exhibit "A" attached hereto and incorporated herein by reference. In all other public parks, 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 tit -the Any person having possession, charge, custody or control of the a dog in any public park must comply implies with all other requirements 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 in parks and 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. Retractable leashes are not permitted in public parks unless they are locked at a maximum length of eight (8) feet. (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. 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 8th DAY OF JULY, 2010. PLACED`ON..SECOND, FINAL READING AND PASSED THIS 22nd DAY OF JULY, 2010. r.rcjrrr.e„;,;;; (Village Seal)• 0A " PEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 3 of 3