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HomeMy Public PortalAboutORD 71/05ORDINANCE NO. 71-5, AN ORDINANCE OF THE TOWN COMMISSION FOR THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR CERTAIN ACTS OF DOMESTIC ANIMALS, INCLUDING BUT NOT LI14ITED TO DOGS, CATS, MONKEYS, AND FOWL, WITHIN THE CORPORATE LIMITS OF THE TOWN OF GULF STREAM, FLORIDA, TO BE DETERMINED A NUISANCE: AND FURTHER PROVIDING PENALTIES FOR VIGLATION TIIEREOF. WHEREAS, certain acts of domestic animals described herein are considered to be obnoxious and detrimental to the peace, health and welfare of residents of the Town of Gulf Stream, Florida, as well as causing damage to properties therein, the following provisions are hereby declared to be effective upon adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA: SECTION 1. Running At Large Prohibited; Definition; Penalty For Violation of Section: I It shall be unlawful for any person who shall own, or have the care, custody or control of any domestic animal, to permit such animal to run at large within the corporate limits of the Town. At large shall mean off the premises of the owner or custodian of such animal and not under control by leash, cord, chain or voice control. Any domestic animal found running at large within the Town limits is declared to be a public nuisance; and the owner of any such animal found running at large shall be guilty of an offense as defined herein- above and subject to penalties as may be imposed by the governing body of the Town of Gulf Stream and not in conflict with the laws of the State of Florida. SECTION 2. Vicious Animals To Be Muzzled '= Definition: All vicious animals kept in the Town shall be adequately muzzled if they appear on the public streets, thoroughfares or easements. An animal shall be considered vicious if it has attacked or attempted to attack a person on a public street, thoroughfare or easement in the Town, and a complaint has been made to the Police Department of the Town con- cerning same, and the owner of the animal has been notified in writing by the Police Department of the Town of such attack or attempted attack. SECTION 3. Person Bitten by a Domestic Animal - Report to Police or Health Department Required: In the event any person is bitten by a domestic animal within the corporate limits of the Town then it shall become the duty of such person or the owner of the animal with knowledge thereof, to report such incident to the Police Department of the Town, or to the County Health Department, within twenty-four hours thereafter. SECTION 4. Excessive Noise By Domestic Animals: No person shall keep or harbor, within the Town, any domestic animal which causes serious annoyance by excessive noise to neighboring residents and interferes with the reasonable use and enjoyment of their property. SECTION 5. Same - Complaint by Residents Near Same; declared nuisance: Upon the filing with the Chief of Police of this Town of written statements under oath, by three or more persons residing in separate households in the Town, within three hundred feet of the place where such animal is kept or harbored, that the e;_cessive noise of such animal constitutes a nuisance, it shall be the duty of the Chief of Police to deliver to such person., keeping or harboring such animal,, a written statement of the fact that such complaints have been made and that the nuisance must be abated within ten days. If the nuisance is not abated within ten days, it shall be the duty of the Chief of Police to make an affidavit charging the person or persons keeping or harboring the animal with maintaining a nuisance, and have a warrant issued for thearrest of such person or persons. SECTION 6s Female Animals in Season: , No person owning or having custody of any female domestic animal shall permit such female animal off the premises of the owner or person having control of such animal, when such animal be in season, unless the same is under control and attained to a leash. SECTION 71 Damaging Property of Another; Proof of Violation: (a) It shall be unlawful for any person who shall own or be in control of or in charge of any domestic animal to allow or permit such animal to enter upon the property of another and damage such property (b) Property of another shall include private property and any aubtting publicly owned property, easements, or any property set apart for public use which the owner of the abutting property maintains by planting, mowing, watering, fertilizing or similar care, of grass, shrublgery, trees, etc, planted thereon. The intent of this section is to include all abutting property regardless of ownership except the property owned by the owner of the domestic animal, or the property of those who have consented to the owner of the domestic animal to do such damage to their property. (c) Damage to such property to, urinating or defecating by any other than that owned by the owner shall include, but not be limited domestic animal upon any property of tine animal. (d) In the event any such an:Lual shall enter upon the property of another within the corporate limits of the Town and shall cause damage thereon, proof that it is the property of another and of such damage and the identity of the domestic animal shall be sufficient to convict a person owning or having charge of or control of the animal violating the terms and provisions of"this section. Consent of the owner of the property shall be a defense to such violation. SECTION 8. Prima Facie Evidence of Violation of This Ordinance: r In the event any domestic animal shall be found in violation of the provisions of this Ordinance, proof of the violation and identity of the animal shall be prima facie evidence of the violation of this Ordinance by the person owning or having charge of or control of the domestic animal. SECTION 9, This Ordi.pance shall take effect and be in force from and ater'its approval, and/adoption, s required by law. n I ommi.ssioner Vice -Mayor P gy d ADOPTED - Feb. 11, 1972. ommrssi ner Deputy Town C14rik