(a) It shall be unlawful for the owner or any person having custody or control of any animal to permit, either willfully or by failure to exercise due care and control, any animal to enter upon or damage the property of the city or the property of another, whether said animal is leashed or unleashed. For purposes of this section, the leaving or dropping of fecal matter by any animal upon the property of another, or upon the property of the city, shall be deemed to cause damage thereupon. If such animal damages property as provided herein, the owner or other person having custody or control of such animal shall be required to immediately remove and dispose of such fecal matter or other droppings, and upon his failure to do so, shall be fined in accordance with Section 2-91 of this Code.
(b) For purposes of this section, the property of the city shall include but not be limited to any and all public streets, sidewalks, parks, and buildings, including the lawns and driveways adjacent thereto. The term, “property of another” shall include, but not be limited to driveways, lawns, swales, and buildings of residential and commercial property owners.
(c) In the event that any animal shall cause damage upon the property of the city or the property of another, proof of the occurrence and proof of the identity of the owner or other person having custody or control of the animal shall be sufficient to find the person owning of having control or custody of the animal guilty of violating the terms and conditions of this section.
(d) (1) Notwithstanding the animal restrictions provided in this section, dog owners are hereby authorized to bring and have possession or control of leashed dogs within the following specified city parks, subject to the limitations, restrictions, and regulations provided for herein:
a. Jaycee Park (excluding restrooms and playground area);
b. Boynton Lakes Park (excluding playground area);
c. Dewey Park; and
d. Intracoastal Park (excluding restrooms. playground and seawall/boat launching areas).
For purposes of this section, a playground area shall mean an improved area that is designed, equipped, and set aside for children's play.
(2) The authorization provided for herein for dog owners to bring and have possession or control of leashed dogs in the specified city parks is conditioned on and subject to strict compliance with the limitations, restrictions, and regulations provided for herein and all applicable provisions of the Animal Control Ordinances of the city and Palm Beach County (cumulatively “Animal Control Ordinance”), including but not limited to the following:
a. The authorized activities are limited to the posted hours of operation for each respective park.
b. Dog owners are responsible for the conduct and supervision of their dogs.
c. Dog owners must have their dog(s) under control at all times and on a leash not longer than eight (8) feet in length. Any dog not on an appropriate leash is deemed “at large” and constitutes a violation of Section 4-31
of this Code of Ordinances.
e. Dog owners must clean up and properly dispose of their dog's waste. Failure to do so constitutes a violation of the Animal Control Ordinance.
f. Dog owners shall remove their dog from the park at the first sign of aggression toward any person or other dog.
(3) For purposes of this section, the term dog owner shall mean and include any person who brings or has possession or control of a dog in any specified city park or area or as that term is otherwise defined in Section 4-1 of this Code of Ordinances. If such person is under the age of eighteen (18) years or otherwise legally incapacitated, that person's parent or guardian shall ensure compliance with all applicable limitations, restrictions, and regulations by such person.
(Ord. No. 97-47, § 2, 10-7-97; Ord. No. 2014-007, § 2, 6-3-14)