Ordinance 06-2016 AnimalsORDINANCE NO. 06-2016
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING THE TOWN CODE OF ORDINANCES AT
CHAPTER 10, ANIMALS; ARTICLE I, IN GENERAL;
SECTION 10-10, TEMPORARY PERMITS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The code of Ordinances of the Town of Palm Beach is hereby
amended at Chapter 10, Animals; Article I, In General; Section 10-10, Temporary
Permits, to read as follows:
"Sec. 10-10. - Temporary permits.
(a) Permits may be granted for the temporary possession of
animals otherwise prohibited under this chapter in connection with either a
special event, as said term is defined in this Code or in regard to a private
event, subject to the following conditions:
(1) Application shall be filed with the town clerk at least 30 days
prior to the event at which the temporary possession permit
is requested. An application fee is hereby authorized and
shall be paid upon filing of the application with the town
clerk. The application fee shall be established by adoption of
a resolution of the town council and may be amended by
adoption of a resolution of the town council. The 30 -day
period may be waived by the town manager if it is
determined by the town manager that good cause exists for
waiving the period and further providing that all other
requirements set forth in this section are met.
(2) A temporary possession permit shall be approved by the
town manager if:
a. The applicant agrees to abide by the most recently
adopted rules and regulations designated as the
wildlife code of the state as promulgated by the fish
and wildlife conservation commission or its successor
organization as designated by the state.
b. The permit is for a period of time no longer than 8
hours, between the hours of 9:00 a.m. to 6:00 p.m.,
on residential properties. This 8 hour period may
fluctuate for private clubs in the town which request a
permit for an extended period of time not to exceed 8
hours and not to go beyond 9:00 p.m.
C. A floor plan or site plan, whichever is deemed
appropriate by the town for the property in question is
submitted in conjunction with a fully completed town
application for a temporary permit indicating to the
satisfaction of the town the location of the animals to
be displayed, the location where the animals will be
displayed and the location of the people that will be in
attendance to view the animals to be displayed. A
buffer of not less than 50 feet shall be maintained
between the location of the wildlife and the nearest
adjacent residentially zoned area of the Town.
d. Adequate proof is submitted that a trained animal
handler licensed or permitted by the state fish and
wildlife conservation commission or its successor
organization as designated by the state will be
responsible for the handling of any animal permitted,
and that a sufficient number of licensed and permitted
handlers be present to handle the animal or animals
for the duration of the special event.
e. No animals permitted under this exception shall be
permitted in residentially zoned areas of the
town,except for animals which are part of a petting
zoo otherwise permitted as set forth above.
f. A certificate of insurance naming the town as insured
shall be provided for an amount of insurance not less
than $5,000,000.00 to indemnify the town against any
and all liability relating to the presence of the animals
in the town. A certificate of insurance shall not be
required for events described in subsection (a)(2)e.
relating to animals appropriate for a petting zoo such
as ponies and trained monkeys.
Ordinance No. 06-2016 Page 2 of 4
g. Notwithstanding the requirements set forth in
subsections c. and d., a permit may be allowed for
animal displays used in conjunction with educational
wildlife programs on town property and on public or
private school property within the town.
h. The applicant agrees to all written conditions issued
by the town in conjunction with and requisite to the
permit.
(b) If a permit is denied by the town manager, the applicant may
appeal the decision to the town council, which shall give consideration to
the appeal at the next regular meeting of the town council subsequent to
the denial of the permit.
(c) If a special event or a private event is scheduled or held
involving the display or possession of animals prohibited by this section,
absent a permit as required under this section, the event may be
terminated or dispersed by action of the code enforcement officer, fire
rescue officer or by the police department."
Section 2. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 3. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts .thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 5. Effective Date.
Ordinance No. 06-2016 Page 3 of 4
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 8th day of March, 2016, and for second
and final reading on this 12th day of Akril 2016.
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MCo6i'li7pp-,Fay r T
ATTEST:
MMG Tows Clerk
CVW (SC auo� � zfi vtc
Mich . Pucillo, Town Council President
M E!A
Richard U. Klp�,,Council President Pro Tem
Bobbie Lindsay, Town Co6ncil ber
Da a H. Moore, TUrz Council Member
;.
Margaret A. Zeidm , Town Council Member
Ordinance No. 06-2016 Page 4 of 4
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Mich . Pucillo, Town Council President
M E!A
Richard U. Klp�,,Council President Pro Tem
Bobbie Lindsay, Town Co6ncil ber
Da a H. Moore, TUrz Council Member
;.
Margaret A. Zeidm , Town Council Member
Ordinance No. 06-2016 Page 4 of 4