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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2009-003Temp. Ord. #2173 March 19, 2009 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO.2009- 03 AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 4 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "ANIMALS", BY SPECIFICALLY AMENDING SECTION 4.3, ENTITLED "ANIMAL BITES; REPORTING; QUARANTINE OF ANIMAL"; PROVIDING REGULATIONS FOR DANGEROUS DOGS; PROVIDING FOR THE REPORTING OF DANGEROUS DOG BITE INCIDENTS; PROVIDING FOR REGISTRATION, INSURANCE AND QUARANTINE REQUIREMENTS FOR DANGEROUS DOGS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CONSISTENCY WITH THE FLORIDA STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 4, Article II of the City of Tamarac Code of Ordinances, adopted in 1975, specifically provides regulations for the ownership and handling of pit bulls within the City of Tamarac (the "City"); and WHEREAS, the City's Code of Ordinances does not include any other provisions regulating the ownership of other breeds of dogs that are considered to be dangerous; and WHEREAS, Section 767.14, Florida Statutes, expressly prohibits municipalities from imposing regulations on specific breeds of dogs; and WHEREAS, the City Code sections regulating pit bulls were enacted prior to the ban on breed -specific legislation; and WHEREAS, the City, as well as the greater South Florida region, has seen an increase in recent years in attacks by dogs on other animals as well as humans; and CODING: Words in strike thmuh type are deletions from existing law; Words in underlined type are additions. SSG/JGH U:\File\Legislation\Draft Legislation Received\2009\8. Apr. 22\2009--(Dangerous_Dogs)_Revision_2[1].doc Temp. Ord. #2173 March 19, 2009 Page 2 WHEREAS, while the City can no longer regulate or ban specific breeds, the City desires to increase its vigilance and interest in protecting citizens and residents from dangerous dogs by expanding its Code to regulate those dogs not falling within the current and legally preserved pit bull regulations; and WHEREAS, in an effort to protect the health, safety and welfare of the citizens and residents of the City, the City Commission deems it to be in the City's best interests to now amend the City's Code of Ordinances regarding dangerous dogs to reflect the Florida Statutes and to ensure that all legal enforcement options are employed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct, and are hereby incorporated herein and made a part hereof. Section 2. Chapter 4, entitled "Animals", of the Code of Ordinances of the City of Tamarac shall be amended by specifically amending Section 4.3, entitled "Animal Bites, Reporting, Quarantine of Animals", as follows: Sec. 4.3 Dangerous Dogs. (A) Definitions (11�Dangerous Dogs shall mean any dog that, according to thle City records or other animal_cp.mro.l._©r law enforcement authority= a) Has when unprovoked, approached any person. in a m_o_n_aoi_nng.., f §hio.n..ar.....aP.P.aro_nt .._att tu.d_e of _attac_k ._uppn....._the. streets, sidewalks, or anv oublicmground.s or places, provided that such actions are attested to in a sworn statement by one CODING: Words in StFike throu type are deletions from existing law; Words in underlined type are additions. SSG/JGH U:\File\Legislation\Draft Legislation Received\2009\8. Apr. 22\2009-_(Dangerous_Dogs)_Revision_2[1].doc Temp. Ord. #2173 March 19, 2009 Page 3 or more persons and dutifully investigated bv.. a law enforcement _officer;. b) Has killed or caused the death of a domestic animal in one incident, while off the owner's or keeper's property and while ._o_nprovoked..,... _o_r..._ severely ...._i_njured........a......dameati_c. _animal while off the owner's property; c) Has_ aggressively bitten, _attacked, endangered,-_kiilled o.r... inflicted.. _severe ....ir�gr [...._on......_a.... _h_u_man....._being ..o.n.......publi_c ...or private pro d) Has been used primarily or in part for the purposes of d.o.9...fig_hti_n.9.._or_is..a...dn.9...trained.._fi.a. r_dog._fightin.9,.. e) Exception. No dog shall be defined as a Dangerous Dog...._if.._it......ha.s.....bitten......_a....person.._wh.l.e.....ahe...._do.g ._was ......_..o..n....._the . property...._of its.....own_er..._and .......if...._ the,...dog..... ps...._acti_ng......_under..._the direction and control of its owner or if_the person bitten is subsequently found to have been in the act of committing either a misdemeanor or a felony. (Z) Severe injury shall mean any physical injury to a human being. or domestic animal that results in broken bones, multiple bites, or disfiguring lacerations, including, but n_ot limited to, injuries rec�tairing sutures .or reco_n_structive 5.u.rg.e.ry.,.._or.._as _further definod...._in.._Section. 767.11,, F.S, as may be amended from time to time. LB) All repo rts_of dog_ bite incidents and dangerous dog -related complaints within the City shall be investigated by the Broward Sheriff's Office. At _the _time... _of.. g a..... g p... such invest. atio_n the„ do---owner.._sha_LL... roduce, proof of all appropriate immunizations and vaccinationspursuant to Section 828.29, F.S., as _may _be amended from time to time. Upon failure. of the dog owner to provide_ such documentation, and law enfo_rcement..._officer .....af.....fiho...._city .or.."'an......anima.l ._contra_l. officer. of Broward County, __Florida, shall take into immediate custody such animal and impound any dog fora period of no less than three (3) and no more than ten 10 calendar days at an animal control._ kennel owned or operated by 6roward Co_linty, Florid.@ o_r._at a veterinarian_'s _ken_nel with the cost of the uarantine to be borne b __the owner of the ,dog. At his o . g___.._ — .y _ r her discretion,. the responding officer may permit the dqg owner, under police escort, transport the dog to their veterinarian for_guarantine pursuant to this section, If ._office.r....is....o.na_b..l..e....to..._determ.ne...wnc..h.._do...._ls....th....e. subject of the investigation, all dogs owned by the owner shall be subject to the provisions of this section. CODING: Words in s#ike thFeugh type are deletions from existing law; Wards in underlined type are additions. SSG/JGH U:\File\Legislation\Draft Legislation Received\2009\8. Apr. 22\2009--(Dangerous_Dogs)_Revision_2[l].doc emp. ura. ?Tz-1 t 1j March 19, 2009 Page 4 (C) _ The purpose of taking custody of such animal shall be for the express ...purpose_s.......of.....perm ttin.g.._eve.r'y.._atte.ndi.n-g ...p.. ractitioner, ..l. ce_nsed...._to. practice medicine, osteopathic medicine, veterinary medic.ine,_or any other person knowing of or in attendance on a dog bite case, to report same to the Broward. County_ Health Department and _toV insure observation of the a....n_imal......_i_n......_acco_rd.a_nce with the _te.rm .,......_con_ _ition_s.,......_a_n_d... .revisions of the ..P Broward County Cade of Ordinances, and this section (D) In no event shall ..a._dog be quarantined at the principal residence,. business or any other location under the control of the owner in the city, subsequent_ to. the determination of a dog bite as_provided for herein. (E.)................... Th_e..._owner..._of._a_ny.._dan,porous.....do9.,.....a_s..._defined.._he_rei_n,. _shall.,...within five (5) business days, after the incident, register the dog with the City Clerk's Office. The owner of any dangerous dog as defined herein shall, upon registration with the City Clerk, provide proof of the liability insurance covering ._!he .s.ubiect dog required hereby,._i_n_th.e_amo_unt._of $500,oao.. (..) ................All .da_ng_erous.._do.g_s._will _be.. re.q.uired...to be muzzled a_nd...._kept...._und_e_r ......... .............. close scrutiny and control of the owner when off of the owner's property subsequent to the first biting incident and the completion of a quarantine revealing the absence of rabies in the animal or any other disease related thereto. (G) Dangerous dogs shall not be permitted at the Tamarac doca..p rk. (H� __It shall be unlawful for any person firm_, ©r ccarparatian to maintain a dangerous dog upon property in the city under the terms of this section if the animal is involved in a second .biting incident, and the city shall retain the....",alutho,rity...ether _dire.ctly ._ar..._throu.gh _the. Animal.....Control......._D visi_o_n.. _of Broward Count, Florida or an_y other society or association for the prevention of cruelty to animals provided for under F.S. Ch. 828 to remove such dangerous dog from the city. (� Any person, firm or co_poration found in violation of this section shall be punished in accordance with the general provisions of the Code of Ordinances of the city. Section 3. It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may CODING: Words in stFike threu type are deletions from existing law; Words in underlined type are additions. SSG/JGH U:\File\Legislation\Draft Legislation Received\2009\8. Apr. 22\2009--(Dangerous_Dogs)_Revision_2[l].doc Temp. Ord. #2173 March 19, 2009 Page 5 1 1 1 be renumbered, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 4. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not effecting the remaining portions or applications remaining in full force and effect. Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this day of , 2009. PASSED, SECOND READING this 429 day of BY: �C J ATTEST: MAYOR BETH TA ABISCO MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: RECORD OF COMMISSION VOTE: 1ST Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL C DIST 2: V/M. ATKINS-GRAD r -? DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER�-� 67 RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: COMM BUSHNELL ' SAM G REN DIST 2: V/M. ATKINS-GRAD \'CITY ATTORNEY DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER CODING: Words in StFike thFough type are deletions from existing law; Words in underlined type are additions. SSG/JGH U:\File\Legislation\Draft Legislation Received\2009\8. Apr. 22\2009-_(Dangerous_Dogs)_Revision_2[1].doc 1 1 1