n/a Legal Department

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1 Coversheet 1 of 1 9/4/2012 1:34 PM CITY COUNCIL CITY OF PUNTA GORDA 9/5/2012 Print Public Hearings* Title: GA An Ordinance of the City of Punta Gorda, Florida, amendi Fowl", Punta Gorda Code, Article I, "In General", rewriting Sections 5-1 clarity and consistently, deleting obsolete language, and renumbering accord "Park Regulations", Punta Gorda Code, retitling Section 16-4 as "Animal 16-9, establishing dog park rules and regulations; providing for conflict an an effective date Funds: Recommended Action: Summary: n/a City Council approval of the proposed ordinance at first reading and sche reading. City staff and Charlotte County Animal Control are receiving an increased regard to adversarial incidents and aggressive dogs at the Hounds on He ordinance establishes rules and regulations for the park, as well as an address these situations. In addition, the proposed ordinance clarifies the provisions in Chapter 5 nuisance animals and establishes an enforcement mechanism for violations. Department/Division: Legal Department EXHIBITS: 1. Proposed Ordinance 2. Proof of Publication

2 CITY OF PUNTA GORDA ORDINANCE NO. AN ORDINANCE OF THE CITY OF PUNTA GORDA, FLORIDA, AMENDING CHAPTER 5, ANIMALS AND FOWL, PUNTA GORDA CODE, ARTICLE I, IN GENERAL, REWRITING SECTIONS 5-1 THROUGH 5-7, PROVIDING FOR CLARITY AND CONSISTENTLY, DELETING OBSOLETE LANGUAGE, AND RENUMBERING ACCORDINGLY; AMENDING CHAPTER 16, PARK REGULATIONS, PUNTA GORDA CODE, RETITLING SECTION 16-4 AS ANIMALS, AND ADDING A NEW SECTION 16-9, ESTABLISHING DOG PARK RULES AND REGULATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 5, Punta Gorda Code, provides regulations regarding the presence, keeping and maintenance of animals and fowl within the city limits; and WHEREAS, it has been determined that a rewrite of Chapter 5, Sections 5-1 through 5-7, Punta Gorda Code, is necessary for consistency and clarity, and to remove provisions and language which has become outdated or obsolete; and WHEREAS, Chapter 16, Punta Gorda Code provides for regulations related to the City s park system; and WHEREAS, due to an increase in activity at the City s Hounds on Henry Dog Park, both the City and Charlotte County Animal Control are receiving an increased number of complaints with regard to adversarial incidents at the dog park; and WHEREAS, the City Council finds that it is in the interest of the public health, safety and welfare of the citizens of Punta Gorda to enact this ordinance; NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PUNTA GORDA, FLORIDA: I. Chapter 5, Article I, Sections 5-1 through 5-7 are hereby amended as follows: [additions are shown as underlined, deletions are shown ask struck through] Chapter 5 ANIMALS AND FOWL ARTICLE I. IN GENERAL Sec Maintaining in unsanitary condition or so as to disturb peace prohibited. Animals as a Public Nuisance

3 It shall be unlawful for any person to keep or maintain any fowl or animal in the corporate limits of the City in any manner so as to create an unsanitary or obnoxious condition or so as to disturb the peace. No person, being the owner of or having charge of any animal, including fowl, shall permit it to unreasonably annoy humans, endanger the life or health of other animals or persons, or substantially interfere with the rights of citizens, other than their owners, to enjoyment of life or property. The term public nuisance animal shall mean and include, but is not limited to, any animal or fowl that: 1. Is repeatedly found at large; 2. Damages the property of anyone other than its owner; 3. Molests or intimidates pedestrians or passers-by; 4. Chases vehicles; 5. Excessively makes disturbing noises, including, but not limited to, continued or repeated howling, barking, whining or other utterances causing an unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal or fowl is kept or harbored; 6. Causes fouling of the air by odor and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal or fowl is kept or harbored; 7. Causes unsanitary conditions in enclosures or surroundings where the animal or fowl is kept or harbored; 8. Is offensive or dangerous to the public health, safety and welfare by virtue of the number and/or types of animals or fowl maintained; or 9. Attacks other domestic animals or fowl. Sec Pooper Scooper. (a) It shall be unlawful for any owner or person in control or having custody of any canine to fail to immediately remove the fecal matter of such an animal from: 1. the street, sidewalk, swale, bike path, park area or any other public property; 2. any private property to which the owner or person having custody or control of the canine does not have a legal interest. (b) All fecal matter shall be disposed of in a sanitary manner. (c) Any person owning or leasing any private property in the City is responsible for maintaining such property in a sanitary condition. (d) It shall be unlawful for any person to walk a canine on public property or private property of another without carrying at all times a suitable container or other suitable instrument for removal and disposal of canine fecal matter. (e) Enforcement of the provision of this Section shall be through means of citations issued for non-criminal infractions as provided for in Section 5-7 below. Such citations may be issued by any City Police Officer and any Code Enforcement Officer of the City. The citation given

4 to any violator shall specify the violation and the civil penalty therefor and shall notify the violator: 1. That the civil penalty must be paid at the Office of the City Clerk no later than ten (10) days after the date the citation is issued unless the violation is appealed to the Code Enforcement Board, giving the address of the City Clerk s office; 2. That the appeal must be filed with the Code Enforcement Board Clerk within ten (10) days after the date the citation is issued, in the Code Compliance Division, giving the address of the Code Compliance Division. The Code Enforcement Board Clerk shall provide written notice to the violator of the date of the hearing before the Code Enforcement Board. 3. Any person who elects to appeal a citation may appear before the City of Punta Gorda Code Enforcement Board to present evidence in support of their appeal. The Code Enforcement Board, after a hearing, shall make a determination as to whether a violation has been committed, and upon a finding that the violator is guilty, shall impose the civil penalty therefor, along with the cost of the appeal in the amount of twenty-five dollars ($25.00). Any person who receives a citation for a violation of any provision of this section and neither pays the civil penalty nor files a written appeal of the citation within ten (10) days after the date of the citation shall be deemed to have violated this Code. Such violations shall be deemed a separate offence and is punishable pursuant to the provisions of Chapter 9A of this Code. (f) Any person who violates the provision of this Section 5-2 shall be assessed a civil penalty as follows. 1. A fine of twenty-five dollars ($25.00) for a first violation; 2. A fine of fifty dollars ($50.00) for a second violation; 3. A fine of one hundred dollars ($100.00) for each additional violation. (g) This section shall not apply to blind persons accompanied by a guide dog or to a dog used to assist any other physically handicapped person. Sec Noisy or offensive animals. It shall be unlawful for any person to keep, maintain or permit any dog, cat, horse, mule, or any fowl or animal in the City in such manner as to become noisy, offensive or a nuisance to the neighbors or citizens of the City, or to disturb the peace of the City. Sec Livestock and fowl, running at large prohibited. It shall be unlawful for any person to allow any livestock or fowl to run at large within the corporate limits of the City. Sec Fowl, running at large prohibited.

5 It shall be unlawful for the owner, keeper, custodian or otherwise, of any domestic fowl of whatever kind or description, to permit such fowl to run at large within the limits of the City, whether the owner thereof lives within or without the corporate limits. Sec Birds--City declared sanctuary. The territory within the corporate limits of the City is hereby declared to be a bird sanctuary. Section Same--injuring or killing prohibited; nests, destroying prohibited. It shall be unlawful for any person to shoot, kill, maim or injure, in any manner, any bird in the City or to destroy the nest of any bird in the City. Sec Keeping certain wild animals within City, restricted. (a) Designated animals prohibited; proviso. It shall be unlawful for any person to keep or maintain within the corporate limits of the City any elephant, lion, bear or tiger; provided however, that the City Council shall have the authority to issue a permit for the keeping of one (1) elephant as an attraction to, or animal in, a zoo, carnival or wildlife park which may be located in the City limits. Such permit shall prescribe the hours of day the elephant may be maintained within the City limits for this purpose, and shall include any other regulatory restrictions thereon as may be deemed advisable by the City Council. Such permit shall provide for the Charlotte County health officer or one of his subordinates, to have the authority to enter upon the premises where such animal is being kept to determine if all state and local health laws in regard to the keeping of animals are being adhered to, and any applicant for such a permit shall have first obtained the approval of the Charlotte County health department before any such permit may be issued. The permit shall also provide that the City Manager or any City employee designated by him, shall have the authority to enter upon said premises at any time to determine if the hours of day or regulatory restrictions contained in such permit issued by the City Council are being observed and complied with; provided further that such permit may be revoked or regulatory restrictions altered upon twenty-four (24) hours' written notice by the City Manager under instructions by the City Council. (b) Other wild animals. It shall be unlawful to keep or maintain within the corporate limits of the City any other wild animals which make loud noises at unusual times and tend to disturb the peace of the City and cause fear and apprehension in the event of their escape, except as the same may be allowed by appropriate zoning; provided however that those above specified in subsection (a) shall not be allowed under any circumstances. (c) Penalty for violation. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any amount not exceeding five hundred dollars ($500.00) or be imprisoned in the City jail for a period not exceeding thirty (30) days, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense, and shall be punishable as such hereunder.

6 Sec. 5-7 Enforcement for violation of this Chapter. (a) Enforcement of the provisions of this Chapter shall be through means of citations issued for non-criminal infractions. Such citations may be issued by any police officer or designated code enforcement officer of the City. A citation given to any violator shall specify the violation and the civil penalty therefor and shall notify the violator: 1. That the civil penalty must be paid at the Office of the City Clerk no later than ten (10) days after the date the citation is issued unless the violation is appealed to the Code Enforcement Board; 2. That a citation may be contested by filing a request for hearing with the Code Enforcement Board Clerk in the Code Compliance Division within ten (10) days after the date the citation is issued. (b) Except where specifically provided for within this Chapter, any person violating the provisions of this Chapter shall be deemed guilty of a civil infraction which shall be punishable as follows: 1. For a first offense, the violator shall be issued a written warning; 2. For a second offense, by a fine of one hundred dollars ($100.00); 3. For a third offense, by a fine of two hundred fifty dollars ($250.00); 4. For any offense after the third offense, by a fine of five hundred dollars ($500.00) per offense. (c) Any person who has timely filed a request for hearing to contest a citation may appear before the City of Punta Gorda Code Enforcement Board to present evidence. The Code Enforcement Board, after a hearing, shall make a determination as to whether a violation has been committed and may impose a civil penalty not less than the civil penalty provided for herein. If the Code Enforcement Board finds that a violation has been committed, the Board shall impose reasonable costs of enforcement against the violator. Any person who fails to pay the civil penalty within the time allowed shall be deemed to have violated the City s parking ordinance, and appropriate action shall be taken. II. Chapter 16, Article I, Section 16-4 is hereby amended and Section 16-9 is hereby added to read as follows: [additions are shown as underlined, deletions are shown ask struck through] Chapter 16 PARK REGULATIONS Sec Regulations (g) Pets. Animals. In any City park, nno person shall allow to be present or shall be in possession of any dog or any other animal in any City park, except for: 1. Birds and fish; 2. Dogs or other animals remaining inside a motor vehicle;

7 3. Animals under the control of a law enforcement officer; and 4. An assistance-trained animal accompanying and under the control of a physically disabled person in accordance with State law. 5. Dogs on leashes in Laishley Park and all linear park, harborwalk or multi-use recreational trail pathways. Dogs are permitted without leashes in that area that has been fenced and delineated as the City s dog park, otherwise known as Hounds on Henry. 6. Dogs are permitted without leashes in that area that has been fenced and delineated as the City s dog park, otherwise known as Hounds on Henry Dogs or other animals, as approved by the City Manager, which are participating in a special event permitted by the City. Sec Dog Park Rules and Regulations. (a) The City has designated and fenced a certain park area on Henry Street commonly known as Hounds on Henry, wherein dogs are permitted without leases. In order to protect the safety and welfare of park users and the citizens of the City of Punta Gorda, the following rules and regulations shall apply within the Hounds on Henry Dog Park. 1. No animals other than dogs are allowed in the park. 2. No more than two dogs per person shall be allowed on any one visit. 3. Dog owners must accompany their dog(s) at all times when inside the park. 4. Dogs are required to wear a collar with a current license attached and must be current on their rabies vaccines. 5. Dog owners are responsible for the clean-up/removal of their dog s feces. Owners must utilize the bag stations and trashcans for feces removal. 6. Female dogs in heat and dogs under the age of 4 months are prohibited from entering the park. 7. No glass containers or food are allowed inside of the park. 8. Smoking is prohibited in the park. 9. Aggressive dogs are not permitted on the premises and owners must immediately remove their dog from the park at first sign of aggression. Owners should be respectful and courteous to others in the park. Owners are expected to know the temperament of their dog and are ultimately responsible for the actions of their dog at all times while inside of the park. Owners are not exempt from the Charlotte County Animal Control Ordinances in regards to dangerous/aggressive animals and may be subject to a fine in the event a violation occurs. The City reserves the right to deny access to the park for any dog and their owner for failure to comply with these rules and regulations or Charlotte County Animal Control Ordinances. (b) Enforcement and Penalty. Any person who violates any provision of Section 16-9 shall be guilty of a noncriminal infraction which shall be enforced pursuant to Section 16-5 and shall be assessed a civil penalty pursuant to Section 16-6, Punta Gorda Code.

8 III. It is the declared intent of the City Council that, if any section, subsection, sentence, clause, phrase or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. IV. Any ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. V. This ordinance shall take effect immediately upon its adoption. ADOPTED in regular session of the City Council of the City of Punta Gorda, Florida this day of September, ATTEST: SUE FOSTER, City Clerk APPROVED AS TO FORM: DAVID M. LEVIN, City Attorney WILLIAM ALBERS, Mayor