HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-068ordinance Ordi
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO.
AN ORDINANCE REPEALING ORDINANCES 71-12
AND 71-25 RELATING TO THE PRESENCE OF
DOGS AND CATS WITHIN THE CITY OF TAMARAC;
PROVIDING FOR CONTROL AND REGULATION OF
DOGS AND CATS IN ORDER TO AFFORD PROTEC-
TION OF THE PERSONS AND PROPERTY OF THE
RESIDENTS OF THE CITY OF TAMARAC; PROVID-
ING FOR PENALTIES FOR VIOLATION OF THIS
ORDINANCE; REPEALING ALL LAWS IN CONFLICT
HEREWITH; PROVIDING A SAVINGS CLAUSE;
PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TAMARAC,
SECTION 1: That Ordinances 71-12 and 71-25 are hereby
SECTION 2: That no dog shall be allowed upon the
public streets of the City, or in any public places, or upon
property other than that of its owner, unless such dog shall
be securely fastened to a suitable leash of dependable strength,
not to exceed eight feet in length.
Proof of ownership of any unleashed dog found in any
public place or upon property other than that of its owner shall
be prima facie evidence of a violation of this section of this
Ordinance.
SECTION 3: That no person owning or having custody
of any female dog or cat shall permit such female dog or cat
off the premises of the owner or person having control of such
dog or cat when such dog or cat shall be in heat, unless the
same is under control and attached to a leash.
SECTION 4: That it shall be unlawful for any person
or the owner or anyone having charge, control or custody thereof,
to keep any dog or cat within the corporate limits of the City
which howls, yells, or barks excessively so as to disturb the
sleep, peace and quietude of any inhabitants of the City.
SECTION 5: That it shall be unlawful for any person
who shall own or be in control of or in charge of any dog, to
allow or permit such dog to wander or stray upon the property
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of another and damage such property. In the event any such
dog shall wander or stray upon the property of any person
within the corporate limits of the City and shall cause damage
thereon, proof of such damage and the identity of the dog
shall be sufficient to constitute prima facie evidence of a
violation of this section, of the person owning or having
charge of or control of the dog violating the terms and pro-
visions of this section.
SECTION 6: That it shall be unlawful for any person
who shall own or be in control of or in charge of any un-
licensed dog to permit such dog to run "at large" within the
corporate limits of the City. In the event any such unli-
censed dog shall run "at large" within the corporate limits
of the City, proof of the identity of such dog and the owner-
ship thereof, or the person having charge or control thereof,
shall be sufficient to constitute prima facie evidence that
the person having ownership or having control of or charge
of such dog violated the terms and provisions hereof, and
the dog shall be subject to being picked up by any police
officer of the City, public health officer of Broward County,
the Humane Society of Broward County, or any official dog
catcher of the City, and shall be placed with the Humane
Society of Broward County, and retained by such Society for
at least five (5) days. Upon making an appearance and de-
manding possession of the dog, the owner shall pay to the
Humane Society any and all costs of keeping the dog, and it
shall be in the duty of the public officer of the City to
cause the arrest of the owner of the dog for the violation
of the terms and provisions hereof.
"At large" shall be defined for purposes of this
Ordinance, to mean off the property owned by or under the
dominion and control of the owner, or custodian of the dog,
and not under the control of such responsible person either
by leash, cord or chain.
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SECTION 7: That in the event any person is bitten
by a dog within the corporate limits of the City, then it
shall become the duty of such person or the owner of the dog
with knowledge thereof to report such incident to the Police
Department of the City, or to the County Health Department,
within twenty-four hours thereafter.
SECTION 8: That any dog reported to have bitten
a person shall be kept in quarantine for such period of time
as may be designated by the County Health officer for the
purpose of testing such dog for disease. Any dog suspected
of being infected with rabies shall be released by its owner
or custodian to the County Health officer for laboratory
analysis by a licensed veterinarian. No liability for
compensation to the owner of such dog shall attach to the
City by virtue of any procedure by the County Health officer.
SECTION 9: That it shall be unlawful for any owner
of or keeper of any "vicious dog" to permit such dog to run
at large or without the enclosure of the owner or keeper
thereof within the corporate limits of the City without being
properly muzzled. A "vicious dog", for purposes of this
Ordinance, shall be defined as including but not be limited
to dogs who are known to have bitten or have the propensity
to bite.
SECTION 10: It shall be unlawful for any person
to cause or permit a dog to be on any property, public or
private, not owned or possessed by such person unless such
person has in his immediate possession an appropriate device
for the scooping of excrement and an appropriate depository
for the transmission of excrement to a receptacle located
upon the property owned or possessed by such person.
SECTION 11: It shall be unlawful for any person
in control of, causing or permitting any dog to be on any
property, public or private, not owned or possessed by such
person to fail to scoop and remove excrement left by such
dog to a proper receptacle located on property owned or
possessed by such person.
SECTION 12: Any person who shall be convicted of
a violation of this Ordinance shall be punished by a fine
not exceeding the sum of Five Hundred Dollars ($500.00) or
by imprisonment for not more than ninety (90) days, or both
such fine and imprisonment.
SECTION 13: All ordinances or parts of ordinances
in conflict herewith are hereby repealed to the extent of
such conflict.
SECTION 14: Should any section or provision of
this Ordinance, or any portion hereof, or any paragraph,
sentence or word be declared by a court of competent juris-
diction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole, or any part
hereof, other than the part declared to be invalid.
SECTION 15:
This Ordinance shall become effective
immediately upon its final passage.
PASSED FIRST READING THIS
PASSED SECOND READING THIS
PASSED THIRD READING THIS
ATTEST:
I
111ti .X V K
RECORD OF COUNCIL VOTE
Mayor Seltman
Vice Mayor Lange
Councilman Johnson
Councilman Shultz
Councilman Socker
, 1973.
, 1973.
, 1973.
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