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Ordinance 11-2012 Animals ORDINANCE NO. 11-2012 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 10 OF THE TOWN CODE OF ORDINANCES RELATING TO ANIMALS, AT ARTICLE 11, DOGS AND CATS, SECTION 10-43, RELATING TO RUNNING AT LARGE, SO AS TO ALLOW DOGS TO RUN UNLEASHED UNDER THE COMMAND OF THEIR OWNER OR HANDLER ON BEACHES OF THE TOWN WHERE NOT OTHERWISE PROHIBITED; AMENDING CHAPTER 74 RELATING TO PARKS AND RECREATION, AT ARTICLE II, BEACHES AND AQUATIC ACTIVITIES, DIVISION 3, REGULATION OF USE OF PUBLIC BEACHES, AT SECTION 74-191, ANIMALS PROHIBITED, SO AS TO PROVIDE FOR THE PROHIBITION OF ANIMALS ON SPECIFIC PUBLIC BEACHES OF THE TOWN; 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 II, Dogs and Cats; Section 10-43 to as follows: "Sec. 10-43. Running at large prohibited. No dog shall run at large within the town or upon the property other than that of its owner unless the dog is running on property other than that of its owner with the express or implied consent of the owner of the property. An exception shall apply to allow dogs to run unleashed on the public beaches of the town, unless otherwise prohibited under Section 74- 191, where said dogs are clearly under the command of their owner or handler and where the dog is not creating a nuisance to other animals or persons using the public beach. For purposes of this section, public beaches means that area abutting the Atlantic Ocean or Lake Worth consisting of predominately sand, whether below or above the high mean water mark." Section 2. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 74, Parks and Recreation; Article II, Beaches and Aquatic Activities; Division 3, Regulation of Use of Public Beaches, Section 74-191, to read as follows: "Sec. 74-191. Animals prohibited. No person shall take any animal upon those certain public beaches within the town identified herein or in the surf adjacent to any such public beach within the town. Said beaches shall include the Phipps Park beach, the public beach from Royal Palm Way south to Gulfstream Road and the Clarke Avenue beach from Barton to Seaspray." Section 3. 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 4. 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 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Section 6. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. Ordinance No. 11-2012 Page 2 of 3 PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 11th day of July 2012, and for second and final reading on this 14th day of August 2012. it L. Conig io, Mayoo David A. Rosow, Town Council President Robert . ildrick resident Pro Tern o William . Diamond, Town Co ci ember ATTEST: AMi6hael . Kleid, Town Council Member san A. Owens;MMC Town Clerk . Pucill o, TVnu�ndil M padocs\13156\00008\docM d61475.doc Ordinance No. 11-2012 Page 3 of 3