§ 5-7. Control of dogs.

(a)

Definitions. As used in this section, the following words, terms and phrases, shall have the meanings ascribed to them unless the context otherwise indicates:

At Large means off the premises of the owner, and not under the control, custody, charge or possession of the owner, or other Responsible Party, either by leash or chain.

Dog means any dog regardless of sex or breed.

Front Yard means the yard closest to the street. This definition is not controlled by the Zoning Code.

Rear Yard means the yard which is opposite and most distant from the Front Yard. This definition is not controlled by the Zoning Code.

Puppy means any dog that is less than four (4) months old.

Responsible Party means any Person, persons, firms, corporations or associations owning, harboring, keeping or controlling a dog or dogs within the Village. Wherever the words "owner" or "person" are used in this article, these words shall mean Responsible Party.

(b)

Running At Large, specific control requirements.

(1)

No Responsible Party owning or having possession, charge, custody or control of any dog shall cause or permit or allow the dog to stray, run, be, go or in any manner to be At Large in or upon public property, or the private property of others without the express or implied consent of the owner(s) of such private property.

(2)

No Responsible Party shall allow a dog to be or go upon the public or private thoroughfares, streets, avenues or alleys of the Village or in public places or upon property other than that of the Responsible Party, unless the dog shall be fastened to a suitable leash of dependable strength, not to exceed eight (8) feet in length.

(3)

No Responsible Party shall possess a dog unless such dog shall wear a substantial, durable collar or harness at all times, to which a valid Miami-Dade County license tag shall be securely attached. The tag shall not be used on the collar or harness of any dog other than the one for which it was issued, and no person shall remove the collar or tag from any dog without the consent of the owner to whom the license was issued.

(4)

No Responsible Party shall allow a dog to remain in the Front Yard of the premises of the Responsible Party unless secured by a leash or securely restrained by a wall so that the dog may not reach the sidewalk adjacent to the premises or leave the premises to run At Large. The wall utilized may consist of a wall or other enclosure authorized by the Zoning Code. The use of an electric barrier is prohibited. Any gate or access through the wall or other enclosure shall be securely locked when the dog is in the Front Yard.

(5)

It shall be unlawful for the owner, lessee or occupant of any property in the Village to cause or allow the chaining or otherwise tying up of any dog without providing such dog ready access to sufficient food, water, and shelter.

(c)

Limitation on number of dogs.

(1)

No Responsible Party shall keep more than a total of two (2) dogs and/or four (4) puppies at any household in the Village or any commercial property. This shall not apply to licensed pet shops or licensed animal clinics operated by a licensed veterinary doctor.

(2)

A Responsible Party may exceed the two (2) dogs per household limitation provided in paragraph (c)(1) above for a third dog, upon demonstrating to the village that the combined weight of the three (3) dogs does not exceed sixty-five (65) pounds and that each of the three (3) dogs were kept at the household at the time of the adoption of this section (June 19, 2001) and are the same specific three (3) dogs for which this limited exception from the two (2) dog limitation is claimed.

(d)

Prohibiting keeping dogs commercially. It shall be unlawful for any person to keep dogs for breeding or other commercial purposes in the Village other than at a licensed pet store or at the business premises of a veterinary doctor where such doctor has dogs in his custody and control solely for the purpose of providing them with medical care and attention.

(e)

Noise of dogs. It shall be unlawful for any Responsible Party to keep or harbor or own any dog in the Village which engages in frequent or habitual barking, yelping or howling in a manner creating annoyance to the inhabitants of the neighborhood or to any premises adjacent to the premises in which the dog is kept. This provision is supplemental to the provisions of section 11-29(a)(2) of the Village Code.

(f)

Restrictions on dogs of certain size. Any dog weighing more than fifty (50) pounds, when on the premises of its owner or other Responsible Party, shall be under control by leash or be confined indoors or confined to the Rear Yard of the premises with a wall enclosure of at least five (5) feet in height (except that a wall enclosure of four (4) feet in height shall suffice where the Zoning Code prohibits higher walls) or secured by a chain in such Rear Yard. Any gate or access through the wall enclosure shall be securely locked when the dog is in the Rear Yard.

(g)

Dangerous dogs.

(1)

Dangerous dog(s), as defined in § 5-6.2(a)(2) of the Miami-Dade County Code, shall be subject to regulation, control and disposition in accordance with the provisions of § 5-6(2) of the Miami-Dade County Code, which are hereby incorporated herein by reference, subject to the prohibitions specified in subsection (g)(2) below.

(2)

It shall be unlawful for any person to own, possess, keep, or harbor within the village any dog that has been designated as a dangerous dog by Miami-Dade County pursuant to the Miami-Dade County Code provisions referenced in subsection (g)(1) above. This subsection (g)(2) shall be applicable to any dog, which is determined, pursuant to subsection (g)(1) above, to be a dangerous dog after the effective date of this subsection. Further, this subsection shall also be applicable to prohibit, after the effective date of this subsection (December 19, 2002), the ownership, possession, keeping or harboring of any dog which has within three (3) years before the effective date of this subsection been determined, pursuant to subsection 5-6(2) of the Miami-Dade County Code, to be a dangerous dog. This subsection shall be subject to the penalties and enforcement provided by subsection (g)(3) below.

(3)

Pursuant to § 1-14 of the Bal Harbour Village Code, any person who violates any provisions of subsection (g)(2) shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) or imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. Pursuant to § 2-181 et seq. of the Bal Harbour Village Code, subsection (g)(2) shall also be subject to enforcement under the Local Government Code Enforcement Act, Ch. 162, F.S. as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.

(h)

Penalty; enforcement.

(1)

Any responsible party who violates any provision of this section shall be punished as follows:

a.

For a first violation, by a civil penalty of not less than one hundred dollars ($100.00) and not to exceed two hundred dollars ($200.00);

b.

For a second violation, by a civil penalty of not less than two hundred dollars ($200.00) and not to exceed three hundred dollars ($300.00); and

c.

For each subsequent violation, by a civil penalty of not less than three hundred dollars ($300.00) and not to exceed five hundred dollars ($500.00).

Each day that a violation exists shall constitute a separate offense.

(2)

Pursuant to § 828.27, Fla. Stat., a violation of this section shall constitute a civil infraction.

a.

The maximum civil penalty for each such violation shall not exceed five hundred dollars ($500.00);

b.

A civil penalty of not in excess of fifty (50) percent of the penalty specified in (h)(1) above or one hundred dollars ($100.00), whichever is greater, shall be imposed if the person who has committed the civil infraction pays the civil penalty and does not contest the citation.

c.

A police officer, code enforcement officer or animal control officer shall issue a citation for a violation of this section upon probable cause to believe that a person has committed an act in violation of this section.

d.

A citation issued under this section shall be subject to contest in the county court in accordance with law.

e.

Mandatory court appearance by violators shall be required as authorized by § 828.27(6), Fla. Stat.

f.

The Village Attorney shall prepare the form of citation to be used in accordance with the above.

g.

To the extent that such provisions are subject to enforcement under § 828.27, Fla. Stat., the provisions of chapter 5 entitled "Animals and Fowl" of the Miami-Dade County Code pertaining to the control of dogs are hereby adopted by reference, so long as such adoption by incorporation in this section does not conflict with state law.

(3)

Any police officer of the Village, code enforcement officer of the Village and any designated animal control officer of the Village is hereby authorized to investigate, on public or private property, civil infractions under this section and to issue citations as provided in this section.

(4)

Nothing in this section shall preclude enforcement by suit for declaratory, injunctive or other appropriate relief.

(i)

Conflict. The provisions of this section shall prevail over any conflicting provisions of this article.

(Ord. No. 464, § 1, 6-19-01; Ord. No. 481, § 1, 11-19-02)