2009-06 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 a11aw 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 ofthe health, safety and welfare ofthe 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 ~~~ n*'~~-^~~ ~}:
ARTICLE II, DGGS AND CATS
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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.
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arks where the villa e has set aside a ortion of the ark for use as a do ark
dogs are only_perm_itted in that dedicated area. In all other public parks, dogs shall
be~ermitted 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, raceuetball courts and„volleyball courts, provided
that the erson Navin ossession char e custod or control ofthe do com lies
with all other re uirements of this article includin 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 exlu`bited 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. Rur~uiaig 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 ~1
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 perrnit 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
awned by such cat owner between the hours of 11:00 p.m. and 7:00 a.m.
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Sec. 4-3I . Persona walking dogs responsible for removal of waste.
It shall be unlawful far any person, while walking a dog, to permit such
dog to defecate upon private property not awned by such person or not owned by
the owner of the dog, or upon public property, including, but not limited to, public
arks 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 hack to the private property of the person walking
the dog. In lieu of the foregaing„~persons walking dogs off the premises where the
owner of the dog resides or where the uerson 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 ofNorth Palm Beach, Florida.
Section d. If any section, paragraph, sentence, clause, phrase or ward 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 nnmediately upon adoption.
PLACED ON FIRST READING TriIS Z8th DAY OF MAY, 24D9.
PLACED ON SECOND, F1NAL READING AND
{Village Seal}
ATTEST:
4
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VILLAGE CLERK ~
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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