Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-068ordinance Ordi This__._ - — .- was ��---� introdu' J key.._ FLORIDA: repealed. 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 1 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. 1 r] 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. � t-