The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any living creature, domestic or wild.

Artificial light or artificial lighting means the light emanating from any human-made device.

At large means off the premises of the owner and not under the control of the owner, a member of his immediate family, or some other person, either by leash, cord, chain, or other physical holding device or restraint.

Bug type bulb means any yellow colored light bulb that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light.

Coastal construction activities means any work or activity that is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes.

Commercial animal enterprise means any animal boarding place or other establishment (including those located at residentially zoned properties or uses) related to the keeping and/or care of animals including the breeding, boarding, grooming, sale or training of dogs and/or cats at which five or more animals are maintained at one time; however establishments or animal hospitals maintained by a licensed veterinarian as part of the practice of veterinary medicine and animal hospitals maintained primarily for the treatment of animals shall not be included in this definition provided than any use of such facility for breeding, grooming, sale or training of animals is secondary and subordinate to the primary use of such facility for the treatment of animals.

Cumulatively illuminated means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach.

Dangerous animal means any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristic, constitutes a danger to human life or property, and any domestic mammal, reptile or fowl which, because of its size, vicious propensity or other characteristic, constitutes a danger to human life or property.

Dangerous dog means a dog that bites, inflicts injury on, kills or otherwise attacks a human being or domestic animal without provocation on any public or private property, or any dog owned or harbored primarily or in part for the purpose of fighting.

Directly illuminated means illuminated as a result of glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source which is visible to an observer on the beach.

Domestic animal means those animals normally kept as household pets within a residence such as dogs, cats, rabbits, guinea pigs, hamsters, parrots, parakeets or turtles.

Dune means a mound or ridge of loose sediments, usually sand-sized, lying landward of the beach and deposited by any natural or artificial mechanism.

Frontal dune means the first natural or man-made mound or bluff of sand which is located landward of the beach and which has sufficient vegetation, height, continuity, and configuration to offer protective value.

Ground-level barrier means any vegetation, natural feature or artificial structure rising from the ground which prevents beachfront lighting from shining directly onto the beach-dune system.

Hatchling means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg.

Indirectly illuminated means illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an artificial light source, which is not visible to an observer on the beach.

Marine turtle means any marine-dwelling reptile of the families cheloniidae or dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species: caretta caretta (loggerhead), chelonia mydas (green), dermochelys coriacea (leatherback), eretmochelys imbricata (hawksbill), and lepidochelys kempi (Kemp's Ridley). For purposes of this article, marine turtle is synonymous with sea turtles.

Nesting season means the period from March 1 through October 31 of each year.

Pet shop means any establishment maintained separately or in connection with another commercial enterprise which offers to sell any species of live animals, with the intent that they be kept as pets.

Poultry means all kinds of poultry, including without limitation chickens, turkeys, guineas, pigeons and other domesticated food birds, but excepting duck and geese.

Provocation means that the injury or damage caused by the dog was sustained by a person, who at the time, was committing a willful trespass or other tort upon the premises occupied by the dog's owner, or was tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime against a person or property. Provocation also means that the injury, or damage caused by the dog was sustained by a domestic animal, which at the time, was tormenting, abusing, or assaulting the dog.

Severe injury means any physical injury to a human being or domestic animal that results in a broken bone, or a cut, puncture, piercing or breakage of the skin, or a disfiguring laceration requiring stitches, sutures or reconstructive surgery.

Tinted glass means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45 percent or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers) and is measured as the percentage of light that is transmitted through the glass.

(Code 1980, § 6-1; Ord. No. 2001-26, § 1, 12-4-2001; Ord. No. 2002-19, § 1, 10-15-2002; Ord. No. 2009-08, § 1, 6-17-2009)

Cross reference— Definitions generally, § 1-2.

Each owner shall keep and maintain his dog under restraint; provided, however, that this section shall not apply to any dog being used for rescue or law enforcement work or any dog used in connection with a pari-mutuel facility licensed under F.S. ch. 550. It shall be unlawful for any owner to allow his dog to cross outside of the property line of its owner to any extent, including reaching over or under a fence, or to keep or allow his dog to be outdoors on an unfenced portion of the owner's property, unless the dog is restrained by a substantial chain or leash not exceeding six feet in length and under the control of its owner or another responsible person. No provisions of this section shall be construed to permit the tying, chaining, or otherwise tethering of any animal outdoors as a means of confinement for a time period exceeding 15 minutes unless the owner or keeper is present.

Any dog owner who violates any provision of this section shall be sanctioned as provided by law. In addition to any fine imposed by this section, the dog's owner may be required to submit full restitution to the victim for any damage caused by the dog or may be incarcerated for a period not to exceed six months, or may be required to perform up to 100 hours of community service, or any combination thereof.

(Ord. No. 2002-19, § 1, 10-15-2002; Ord. No. 2009-08, § 1, 6-17-2009)

The city manager or designee shall have the authority to determine that a dog is a dangerous dog, as defined in section 6-1, and to order the dog's owner to comply with any of the measures set forth below for the protection of the public health, safety and welfare.

(1)

Upon receipt of a citizen complaint or police report of a dog bite, attack, threatening behavior, or other reason to believe that a dog may be a dangerous dog, the city manager or designee shall evaluate the seriousness of the complaint or police report and, if circumstances warrant, may conduct an investigation of the facts. Where practicable and readily located, the investigation shall include interviewing the complainant, the victim, if any, the dog's owner, and any witnesses, and observation of the dog and the scene. Based upon the investigation, the city manager or designee shall declare whether the dog is a dangerous dog.

(2)

Where a dog is declared to be a dangerous dog, and the dog has killed a person or a domestic animal, the city manager or designee shall order the humane destruction of the dog.

(3)

In all cases in which a dog is declared to be a dangerous dog and the dog is not humanely destroyed, the city manager or designee shall order the dog's owner to comply with the following requirements:

a.

While on the owner's property, the owner must securely confine the dangerous dog indoors or within a securely enclosed locked pen, fence or structure. The enclosure must be a minimum of six feet in height and must have secure sides, top and bottom, and shall be designed to prevent the entry of young children and to prevent the dog from escaping over, under or through the enclosure. The enclosure must be humane and provide some protection from the elements for the dog.

b.

While off the owner's property, a dangerous dog must be muzzled securely to prevent the possibility of biting, restrained by a substantial chain or leash not exceeding six feet in length and under the control of the owner or a responsible person at all times. The muzzle must be placed on the dog in a manner that will not injure the dog or impair its vision or respiration, but must prevent the dog from biting any person or domestic animal.

c.

The owner must display, in a conspicuous manner, a sign on the owner's premises warning that a dangerous dog is on the premises. The sign must be visible from the public right-of-way and from 50 feet away from the enclosure required by subsection (3)a. above.

d.

The owner, at the owner's expense, shall have an electronic animal identification device (microchip) installed under the dog's skin by a veterinarian.

e.

Within ten days of the declaration that a dog is a dangerous dog, the owner must procure and maintain in effect liability insurance to cover claims arising from the conduct of the dangerous dog, in an amount not less than $100,000.00. The insurance policy shall include a provision requiring the insurer to notify the city manager or designee not less than 30 days prior to cancellation or lapse of coverage.

(4)

Where the owner's address can be readily ascertained, the city manager or designee shall send notice to the owner, by certified or registered mail, stating that his dog has been declared a dangerous dog, describing the basis for such declaration by specific behavior and date(s) of occurrence, setting forth all applicable orders and restrictions imposed by reason of such declaration, and informing the owner of his right to appeal such determination by filing a written request for a hearing within seven days of receipt of the notice. A copy of such notice shall be sent to the complainant, if any. Where the dog has been impounded pursuant to subsection (5) below, such notice shall be sent within 15 days after such impoundment.

(5)

If the owner requests a hearing, the city attorney shall appoint a special master who shall hold a hearing, at which the owner and all interested parties may present testimony and any other relevant evidence, within 15 days of the request. The hearing shall be taped or recorded by other appropriate means. The special master shall uphold the city manager or designee's decision unless the special master finds that the city manager or designee's decision constitutes an abuse of discretion. If the special master upholds the city manager or designee's determination that the dog is dangerous, the owner shall have 20 days to satisfy all requirements contained in subsection (3) and the notice. The owner may appeal the special master's ruling by filing a petition for certiorari in the circuit court within 30 days of the rendition of the special master's ruling.

(6)

Where there is probable cause to believe that a dog is a dangerous dog, the city manager or designee is authorized to impound and hold the dog, at the owner's expense, pending the investigation and resolution of any appeals. Where the dog has severely injured any person or domestic animal, the city manager or designee shall cause the dog to be impounded and held, at the owner's expense, pending the investigation and resolution of any appeals. Moreover, the dog shall not be released to its owner before the city manager or designee approves the enclosure required by subsection (3)a.

(Ord. No. 2002-19, § 1, 10-15-2002; Ord. No. 2009-08, § 1, 6-17-2009)

(a)

Any owner who fails to comply with any of the requirements of section 6-1.2(3) and any additional orders of the city manager or designee as authorized by that subsection shall sanctioned as provided by law.

(b)

Any dog which has been declared a dangerous dog and which: (1) is seen outside and not confined within the enclosure required by section 6-1.2(3)a., and not muzzled and under control of the owner or other responsible person as required by section 6-1.2(3)b., or (2) thereafter attacks or injures a person or domestic animal, may be impounded by a police officer or an officer of the Broward County Animal Care and Regulation Division, at the owner's expense, and the city manager or designee may order the owner to comply with any of the alternatives contained in section 6-1.2(2) and (3), including humane destruction of the dog. The owner shall be entitled to notice and an opportunity for a hearing in the same manner as provided in section 6-1.2(4) and (5).

(Ord. No. 2002-19, § 1, 10-15-2002; Ord. No. 2009-08, § 1, 6-17-2009)

It shall be unlawful for any person to keep any dangerous animal of any kind within the city. This section shall not be construed to prohibit the operation of a zoo or circus or similar activity that is properly permitted, licensed and operating in full compliance with all applicable state, federal and local laws and regulations.

(Code 1980, § 6-2; Ord. No. 2002-19, § 1, 10-15-2002)

It shall be unlawful for any person to keep any cattle, horses, swine, sheep, goats or poultry within the city, except as otherwise specifically permitted by this Code. This section shall not be construed to prohibit the operation of a zoo or circus or similar activity or any farm or agricultural establishment that is properly licensed and permitted and operating in full compliance with all applicable federal, state, and local laws and regulations.

(Code 1980, § 6-3; Ord. No. 2025-013, § 2, 8-20-2025)

(a)

Intent. It is the intent of this section to establish and implement an urban backyard chicken program, thereby allowing residents to keep or raise chickens on a developed and occupied single-family or duplex property within a residential zoning district, subject to the regulations and conditions set forth in this section. Any person keeping chickens as an accessory to an occupied residential single-family or duplex dwelling shall be subject to the following restrictions:

(b)

General regulations.

(1)

For the purposes of this section, the term "chicken" refers to female chickens only (i.e. hens).

(2)

The maximum number of chickens allowed per property will be one hen per 1,000 square feet of lot area accessible to the applicant (i.e. in a duplex only the lot area accessible to the applicant would be counted towards the permit) with a maximum of five hens per property.

(3)

The keeping of roosters within any zoning district within the city is prohibited. Any chicken that crows shall be deemed a rooster for the purposes of this Code.

(4)

This section shall not authorize persons to violate applicable restrictive covenants and provisions of homeowners' association rules and regulations. Homeowners are solely responsible for compliance with all applicable restrictive covenants and homeowners' association rules and regulations.

(5)

The keeping of chickens under these regulations shall not be considered a "farm" nor considered the process of "farming."

(6)

Chickens permitted under this section must be kept for personal use only. Selling chickens, eggs, feathers, chicken manure, or other chicken products, and/or the breeding of chickens is hereby prohibited.

(7)

Slaughtering of chickens is prohibited on the homeowner's property.

(8)

Chickens kept under this section must be provided with adequate food and water to sustain a healthy life.

(9)

Chicken feed shall be stored in an enclosed container sufficient to protect such feed from rodents or other pests.

(10)

Chicken coops are mandatory and chickens shall not be allowed to run free without direct personal supervision, and in such cases shall only be allowed within owner's fenced in-yard.

(11)

In order to keep chickens, property owners shall apply for and receive a permit from the city pursuant to this section.

(c)

Backyard chicken coop and accessory structures.

(1)

A backyard chicken permit (hereinafter "permit"), is required for the keeping of chickens. The permit is personal to the permittee and may not be assigned. If the person applying for the permit is not the fee simple owner of the subject property, the fee simple owner must provide owner authorization and consent to the application. The fee for the permit will be set by resolution of the city commission.

(2)

A chicken coop is mandatory and may not exceed 125 square feet in size or six feet in height.

(3)

Ducks, geese, turkeys, peafowl, male chickens/roosters, pigeons, or any other poultry or fowl are not allowed under this program and are strictly prohibited.

(4)

Chickens are not allowed on triplex, townhomes, multifamily properties, community gardens, or any other uses.

(5)

Chickens must be secured within a covered chicken coop, chicken tractor, or fenced pen/run area at all times and are not allowed to run at large upon any public properties or off the premises of the owner. The coop and pen/run area must be completely secured from predators with hardware cloth or similar material. Chicken wire shall not be used.

(6)

Chicken coops and related accessory structures shall only be located in the backyard and subject to rear yard setbacks and other applicable city regulations.

(7)

No manure may be allowed to accumulate on the floor of the coop or ground.

(8)

Composting of chicken manure is allowed only within an enclosed bin. The composting bin shall be kept at least 20 feet away from all property lines.

(d)

Nuisance.

(1)

Any violations of this section may be enforced in accordance with section 6-8 of this Code. Additionally, the development services director has the discretion to revoke the permit and require that the chickens be removed within ten days if he or she determines that the permittee is in violation of the requirements of the section.

(2)

Chickens shall not run free off the permitted property or be found at large and shall not damage property or deposit excrement upon property belonging to anyone other their owner.

(3)

The coop and pen/run area must be cleaned regularly and kept free of insects and rodents. Odors from chickens, chicken manure, or other items associated with the keeping of chickens must not be perceptible at the property boundaries. Chickens must not be permitted to create a nuisance consisting of noise or pests or contribute to any other nuisance condition.

(4)

All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with flies, rodents or other pests shall be kept in a rodent and pest-proof container.

(e)

Expiration. The urban backyard chicken program will expire 18 months from the date of its adoption, unless otherwise extended by the city commission.

(Ord. No. 2025-013, § 2, 8-20-2025)

It shall be unlawful for any person to permit any dangerous animal or any cattle, horses, swine, sheep, goats or poultry to run at large in the city.

(Code 1980, § 6-4)

No person owning or having charge, care, custody or control of any animal shall cause, permit or allow the animal into or upon any public park or beach in the city; however, this provision shall not apply to guide dogs or service dogs, as specified in F.S. § 413.08, or to parkways, wayside parks or other park areas in which dogs are specifically authorized by the appropriate governmental entity having custody and control of such park area.

(Code 1980, § 6-5)

Cross reference— Streets, sidewalks and other public ways, ch. 25.

No person owning or having possession, charge, custody or control of any animal shall cause or permit or allow the animal to stray, run, be, go, or in any manner to be at large in or upon any public street, sidewalk, beach or park or on private property of others without the express or implied consent of the owner of such private property.

(Code 1980, § 6-6)

Any animal found in violation of any of the provisions of this chapter may be caught by city law enforcement personnel or any code enforcement officer or any officer of the Broward County Animal Care and Regulation Division and impounded at a place maintained and designated for that purpose by Broward County. Any animals or dogs impounded by city personnel may be transferred to the Broward County Animal Care and Regulation Division and redemption or release of such animals shall be in compliance with the applicable sections of the county code.

(Code 1980, § 6-7; Ord. No. 2002-19, § 1, 10-15-2002)

It shall be the duty of all city law enforcement personnel, and the city manager, by and through his duly appointed subordinates, to enforce the provisions of this chapter. Officers of the Broward County Animal Care and Regulation Division shall have full authority to enforce the provisions of this chapter and all applicable provisions of the county code within the city.

(Code 1980, § 6-8; Ord. No. 2002-19, § 1, 10-15-2002)

The following activities involving direction illumination of portions of the beach are prohibited on the beach at nighttime during the nesting season for the protection of nesting females, nests, and hatchling marine turtles:

(1)

The operation of motorized vehicles, except emergency and law enforcement vehicles or those permitted on the beach for marine turtle conservation or research.

(2)

The building of campfires or bonfires.

(Ord. No. 2001-26, § 2, 12-4-2001)

To provide the highest level of protection for nesting marine turtles and their hatchlings, the following standards apply to artificial light sources on new coastal construction:

(1)

Exterior artificial light fixtures must be designed and positioned so that:

a.

The point source of light or any reflective surface of the light fixture is not directly visible from the beach;

b.

Areas seaward of the frontal dune are not directly, indirectly or cumulatively illuminated.

(2)

Exterior artificial light fixtures within direct line-of-sight of the beach are considered appropriately designed if:

a.

Completely shielded downlight only fixtures or recessed fixtures having low wattage (i.e. 50 watts or less) "bug" type bulbs and nonreflective interior surfaces are used. Other fixtures that have appropriate shields, louvers, or cut-off features may also be used if they are in compliance with subsection (1)a. and b. above; and

b.

All fixtures are mounted as low in elevation as possible through the use of low mounted wall fixtures, low bollards, and ground-level fixtures.

(3)

Floodlights, uplights or spotlights for decorative and accent purposes that are directly visible from the beach, or which indirectly or cumulatively illuminate the beach, shall not be used.

(4)

Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detector switches that keep lights off except when approached and that switch lights on for the minimum duration possible is preferred.

(5)

Only low intensity lighting shall be used in parking areas within line-of-sight of the beach. Such lighting shall be:

a.

Set on a base which raises the source of light no higher than 48 inches off the ground; and

b.

Positioned or shielded so that the light is cast downward and the source of light or any reflective surface of the light fixture is not visible from the beach and does not directly or indirectly illuminate the beach.

(6)

Parking areas and roadways, including any paved or unpaved areas upon which motorized vehicles will park or operate, shall be designed and located to prevent vehicular headlights from directly or indirectly illuminating the beach.

(7)

Vehicular lighting, parking area lighting, and roadway lighting shall be shielded from the beach through the use of ground-level barriers. Ground-level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short- or long-term damage to the beach/dune system.

(8)

Tinted glass shall be installed on all windows and glass doors of single or multi-story structures within line-of-sight of the beach.

(9)

Use of appropriately shielded low pressure sodium vapor lamps and fixtures are preferred for high-intensity lighting applications such as lighting parking areas and roadways, providing security, and similar applications.

(10)

Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and shall incorporate all of the standards of this article.

(Ord. No. 2001-26, § 2, 12-4-2001)

By January 1, 2003, all light sources or reflective surfaces illuminated by such sources that are visible from the beach shall comply with the following:

(1)

Existing artificial light fixtures shall be repositioned, modified, or removed so that:

a.

The point source of light or any reflective surface of the light fixture is not directly visible from the beach;

b.

Areas seaward of the frontal dune are not directly, indirectly or cumulatively illuminated.

(2)

The following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting:

a.

Reposition fixtures so that the point source of light or any reflective surface of the light fixture is no longer visible from the beach;

b.

Replace fixtures having an exposed light source with fixtures containing recessed light sources or shields;

c.

Replace traditional light bulbs with yellow "bug" bulbs not exceeding 25 watts, low pressure sodium vapor bulbs, red light emitting diodes or true neon light sources;

d.

Replace nondirectional fixtures with directional fixtures that point down and away from the beach;

e.

Replace fixtures having transparent or translucent coverings with fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance below bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the beach;

f.

Replace pole lamps with low profile, low-level luminaries so that the light source or any reflective surface of the light fixture is not visible from the beach;

g.

Plant or improve vegetation buffers between the light source and the beach to screen light from the beach;

h.

Construct a ground level barrier to shield light sources from the beach. Ground level barriers must not interfere with marine turtle nesting or hatchling emergence, or cause short- or long-term damage to the beach/dune system;

i.

Permanently remove or disable any fixture, which cannot be brought into compliance with the provisions of these standards.

(Ord. No. 2001-26, § 2, 12-4-2001)

(a)

Definitions. For purposes of this section, the following definitions shall apply:

Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county or municipality, whose mission and practice is, in whole, or in significant part, the rescue, care, and placement of stray, abandoned, or surrendered animals in permanent homes or with rescue organizations, and which does not breed animals.

Animal rescue organization means a duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals and which does not breed animals.

Animal shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals.

Cat means an animal of the Felidae family of the order Carnivora.

Dog means an animal of the Canidae family of the order Carnivora.

Pet store means any retail establishment that sells or transfers, or offers for sale or transfer animals for sale as pets to the general public. Such definition shall not include an animal care facility or animal rescue organization, or a person or establishment that sells, exchanges, barters, or offers for sale only animals that were bred or reared on the premises of such person or establishment which are not retail in nature (see also "pet shop," section 6-1).

Pet store operator means a person who owns or operates a pet store.

(b)

Sale or transfer of dogs and/or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the city. Nothing in this section shall prevent a pet shop from providing space and appropriate care for cats and dogs owned by an animal care facility or an animal rescue organization and maintained at the pet shop for the purpose of adopting those animals to the public.

(c)

Disclosures. A pet store that provides space for the adoption of cats or dogs shall post, in a conspicuous location on the cage or enclosure of each such animal, a sign stating the name of the animal care facility or animal rescue organization which owns the dog or cat offered for adoption.

(d)

Violations—Enforcement.

(1)

Any person who violates this section shall be subject to the penalties set forth in section 9-5 of this Code of Ordinances, F.S. ch. 162, and/or any other means of enforcement available under state or federal law, inclusive.

(2)

Additionally, the city may initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section.

(3)

In addition to any other penalty, a pet store owner who is found to have falsified the disclosure required in paragraph (c) of this section shall pay $2,500.00 in damages to any person adopting, purchasing or taking possession of the dog or cat subject of such falsified disclosure.

(4)

Each dog or cat sold, exchanged, bartered, offered for sale, auctioned, delivered, or transferred in violation of this section shall constitute a separate offense. Each failure to post a sign for an individual dog or cat as required by this section shall constitute a separate offense.

(Ord. No. 2012-03, § 1, 4-18-2012; Ord. No. 2017-14, § 1, 6-21-2017)

It is the intent of the city commission of the City of Hallandale Beach, Florida, to enact by ordinance, local laws providing for a means by which the city, through its police department, may provide assistance to individuals with a disability and their service animals, in the event of an emergency situation involving the health and wellbeing of a service animal. The intent of this division is for the city to offer and provide emergency transportation, via personnel of the police department, of ailing service animals and their corresponding owner to one or more previously identified veterinary treatment facilities, in an effort to assist the disabled owners find urgent, emergent, and/or potentially life-saving care for their service animal.

(Ord. No. 2015-12, § 1, 10-7-2015)

The following terms shall have the meaning provided in this section, which to the extent applicable follow F.S. § 413.08, as may be amended from time to time:

Individual with a disability means a person who is deaf, hard of hearing, blind, visually impaired, or otherwise physically disabled. As used in this paragraph, the term: "hard of hearing" means an individual who has suffered a permanent hearing impairment that is severe enough to necessitate the use of amplification devices to discriminate speech sounds in verbal communication; and "physically disabled" means any person who has a physical impairment that substantially limits one or more major life activities.

Participating veterinary facility means a veterinary clinic and/or hospital located in the City of Hallandale Beach or the nearest 24-hour veterinary clinic and/or hospital, validly operated by duty licensed veterinarian authorized to practice veterinary medicine in the State of Florida under F.S. ch. 474 that has consented in writing to having service animals transported to it by personnel of the City of Hallandale Beach Police Department or Fire Department for emergency treatment.

Public accommodations means a common carrier, airplane, motor vehicle, railroad train, motor bus, streetcar, boat, or other public conveyance or mode of transportation; hotel; lodging place; place of public accommodation, amusement, or resort; and other places to which the general public is invited, subject only to the conditions and limitation established by law and application alike to all persons.

Service animal means an animal that is trained to perform tasks for an individual with a disability. The tasks must be directly related to the individual's disability and may include, but are not limited to, guiding an individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects, providing physical support and assistance with balance and stability to an individual with a mobility disability, calming an individual with posttraumatic stress disorder during an anxiety attack, or doing other specific work or performing other special tasks. A service animal is not a pet. The crime-deterrent effect of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for purpose of this definition.

(Ord. No. 2015-12, § 1, 10-7-2015)

In the event of an emergency situation where a service animal, owned and under the control of an individual with a disability, suffers a serious injury and/or sudden illness that may result in death, and the individual with a disability does not have available means that may, under the circumstances, adequately provide timely transportation of him/herself and the service animal to veterinary care, the City of Hallandale Police Department shall, upon being called to respond to the emergency situation, duly respond to the emergency situation and, where deemed safe by the responded officer, provided transportation of the service animal and the individual with a disability to a participating veterinary facility, provided that the conditions herein have been met.

(Ord. No. 2015-12, § 1, 10-7-2015)

Prior to implementation of this division, the City of Hallandale Beach Police Department shall contact veterinary clinics and/or hospitals in the city and close proximity for the purposes of explaining the intent of this division and soliciting, from each facility, the consent to have service animals transported to it via police department personnel for emergency treatment. Such consent shall be evidenced in writing which shall be maintained on file with the City of Hallandale Beach Police Department. The document shall designate the consenting clinic or hospital as a participating veterinary facility. Any participating veterinary facility may revoke such consent by providing the city written notice of the revocation which shall include an effective date and time that shall be no less than 24 hours from the time the revocation is received by the city.

(Ord. No. 2015-12, § 1, 10-7-2015)

In recognition that personnel of the City of Hallandale Beach Police Department are not trained in veterinary medicine and/or basic or advance life support animal care, the individual with a disability who owns the service animal shall be required to execute a waiver of liability in favor of the city, prior to the emergency transportation of his/her service animal by the City of Hallandale Beach Police Department personnel as contemplated in this Code provision. The waiver of liability shall be of such form and legal sufficiency as deemed appropriate by the city attorney. Individuals with a disability may execute the waiver of liability and present same to the City of Hallandale Beach Police Department, in advance of an emergency situation, or at the time of a police officer's response to an emergency situation. If the waiver of liability is submitted in advance, the City of Hallandale Beach Police Department shall provide the person with disability documentation of the waiver which shall be presented to the police officer at time of response to emergency situation.

(Ord. No. 2015-12, § 1, 10-7-2015)

Any person who knowingly and willfully misrepresents, through conduct or verbal or written notice that their animal is a service animal as defined in this article or Florida Statutes and who utilizes the City of Hallandale Beach Police Department to transport said non service animal to a participating veterinary facility or attempts to utilize such services, shall commit a misdemeanor in the second degree, punishable as provided in F.S. § 775.082 and shall be assessed a fee for the transportation.

(Ord. No. 2015-12, § 1, 10-7-2015)

(a)

Definitions. As used in this section:

Fur means any animal skin or part thereof with hair, fleece, or fur fibers attached thereto, either in its raw or processed state.

Fur product means any article of clothing or covering for any part of the body, or any fashion accessory, including but not limited to handbags, shoes, slippers, hats, earmuffs, scarves, shawls, gloves, jewelry, keychains, toys or trinkets, and home accessories and décor, that is made in whole or part of fur. "Fur product" does not include any of the following:

(1)

An animal skin or part thereof that is to be converted into leather, or which in processing will have the hair, fleece, or fur fiber completely removed;

(2)

Cowhide with the hair attached thereto;

(3)

Deerskin with the hair attached thereto;

(4)

Lambskin or sheepskin with the fleece attached thereto; or

(5)

The pelt or skin of any animal that is preserved through taxidermy or for the purpose of taxidermy.

Non-profit organization means any corporation that is organized under 26 U.S.C. § 501(c)(3) that is created for charitable, religious, philanthropic, educational, or similar purposes.

Person means an individual or a corporation, proprietorship, partnership, trust, association, or other legal entity.

Retail transaction means any transfer or title of a fur product for consideration, made in the ordinary course of the seller's business, to the purchaser for use other than resale or further processing or manufacturing.

Taxidermy means the practice of preparing and preserving the skin of an animal that is deceased and stuffing and mounting it in lifelike form.

Ultimate consumer means an individual who buys a fur product for their own use, or for the use of another, but not for resale or trade.

Used fur product means a fur product that has been worn or used by an ultimate consumer.

(b)

Prohibitions. Notwithstanding any other provision of law, a person may not sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product within the city. For purposes of this section, a sale shall be deemed to occur in the city if:

(1)

The buyer takes physical possession of the item in the city; or

(2)

The seller is located in the city.

(c)

Exceptions. The prohibitions in subsection (b) do not apply to the sale, offer for sale, display for sale, trade, or distribution of:

(1)

A used fur product by an individual (excluding a retail transaction), non-profit organization, or second-hand store, including a pawn shop; or

(2)

A fur product where the activity is expressly authorized by federal or state law.

(d)

Penalties. Each fur product exchanged for consideration in violation of this section shall constitute an individual violation. Each day of display or offer in violation of this section shall constitute an individual violation. Each violation of this section is punishable by a fine not exceeding $500.00 per violation.

(Ord. No. 2021-024, § 3, 11-17-2021)

It shall be unlawful for any person who is the owner or custodian or is in possession or control of any animal to permit such animal to eliminate any feces upon private property not owned, controlled or possessed by such individual, or upon public property, including public beaches, sidewalks or swale areas, unless such owner or person in possession or control of the animal shall immediately thereafter remove and clean up such matter from such property.

(Code 1980, § 6-21)

Whenever any animal is off the premises of its owner or custodian or the person having possession or control of such animal, such person shall have in his possession a utensil, device or implement sufficient for the removal and cleanup of animal waste, together with a suitable bag or container for deposit of such waste and its removal to a suitable place of disposal. Failure to have such utensil, device or implement, and bag or container, in such person's possession at such times, shall be a violation of this section and shall be prima facie evidence of a violation of section 6-61.

(Code 1980, § 6-22)

It shall be unlawful to deposit any animal feces in public trash collection facilities, trash collection facilities of private property owners, or on any premises or at any location other than the private property of the owner, custodian or person in possession or control of the animal. Such matter shall be disposed of in a sanitary manner so as to ensure that flies, fleas and other pests are not attracted, and that other unsanitary conditions are not created.

(Code 1980, § 6-23)

Cross reference— Health and sanitation, ch. 13.

Violation of any provision of this article shall be punishable by a fine not to exceed $100.00.

(Code 1980, § 6-24)

This article shall not apply to any dog while in the possession or control of any impaired person using such dog as a guide or service dog. This article shall not be construed to make lawful the presence of any animal on any property, public or private, where animals are prohibited.

(Code 1980, § 6-25)

(a)

Any person who beats, cruelly ill-treats, torments, overloads, overworks or otherwise abuses an animal or intentionally causes such animal to be mutilated or inhumanely killed, or causes the same to be done, or otherwise treats an animal in a cruel or inhumane manner, shall be deemed to be in violation of this section.

(b)

It shall be unlawful for any person to use painful techniques and devices that may cause or are likely to cause, physical injury, torment or pain and suffering to animals, including but not limited to: electric prods or shocking devices; shocking spurs or rowels; flank or bucking straps or similar devices; wire tie-downs; chains used as tie-downs; whips or bull-whips (excluding riding crops); ankuses or bull-hooks or similar devices. Commercially available static correction devices used for training and containment of canines are not subject to the prohibitions in this section.

(c)

It shall be unlawful for any person, firm, or corporation, including any circus, temporarily performing in the city, to own, control, keep, or harbor any animal without providing:

(1)

Clean, safe, sanitary and humane living conditions;

(2)

A sufficient supply of good and wholesome food provided as often as the feeding habits of such animal(s) require;

(3)

A sufficient supply of visibly clean and fresh water accessible at all times, unless specifically directed otherwise by a licensed veterinarian;

(4)

Adequate shelter which shall provide:

a.

Accessible protection from wind, rain, and direct sun exposure;

b.

Proper ventilation and circulation; and

c.

A clean, dry area with a solid floor for each animal to stand erect, sit, lie down, and fully turn around;

(5)

Necessary medical care and/or veterinary care when sick or injured and as required to prevent disease or sickness.

(d)

It shall be unlawful to deliberately and/or willingly leave unattended any animal for a period in excess of 12 consecutive hours.

(e)

It shall be unlawful for any person to leave an animal unattended in any motor vehicle, or transport an animal in any motor vehicle without adequate ventilation, sanitary conditions, or otherwise under such circumstance as to prevent the animal from being exposed to extreme temperatures which adversely affect its health and safety.

(Ord. No. 2009-08, § 1, 6-17-2009; Ord. No. 2012-36, § 1, 12-18-2012)

(a)

Any person, association or corporation operating, establishing or maintaining any business related to the sale, keeping and/or care of animals, either independently or as part of another commercial enterprise.

(b)

No license shall be issued to any person, association or corporation for any business related to the sale, keeping and/or care of animals, the location of which violates the zoning and land development code of the city. If any business related to the sale, keeping and/or care of animals is required by the zoning and land development code to meet additional standards no such license shall be issued until the standards of the code have been complied with.

(c)

Before a license for any business related to the sale, keeping and/or care of animals is issued, the applicant, when applying for a permit, shall furnish the city manager or designee with a list of the kinds of animals to be kept, handled or exhibited, with the estimated maximum number at any one time. The city manager or designee must be notified immediately if other kinds of animals are acquired or the maximum number increased.

(d)

A license to conduct such activities shall be obtained from the city as outlined in chapter 18 of the city's Code of Ordinances.

(e)

Existing businesses related to the sale, keeping and/or care of animals shall be made to conform to the standards of this article within 30 days of its adoption.

(Ord. No. 2009-08, § 1, 6-17-2009)

(a)

All animals must be supplied with sufficient good and wholesome food and water as often as the feeding habits of such animals require.

(b)

All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation shall be maintained.

(c)

All cages shall be equipped with food and water receptacles mounted or situated so that the animal cannot overturn, defecate or urinate therein. All cages are to be constructed of a non-absorbent, non-porous material. All cages, except bird cages, shall have floors of either solid construction or woven wire mesh construction, or any combination thereof. Cages having woven or wire mesh floors may be used to confine or display animals, provided that the spaces between the wire mesh or weave are smaller than the pads of the feet of the animal confined therein. Cages having wire construction shall be constructed of wire which is of sufficient thickness so as to preclude injury to the animals confined therein. Cages constructed of wire having barbs or other rough surfaces are prohibited. All cages shall be of sufficient height to permit every animal confined therein to stand normally to its full height and to turn. All cages shall be of sufficient size so as to prevent overcrowding.

(d)

Proper shelter and protection from the weather shall be provided at all times. Animals must not be overcrowded or exposed to excessive heat or cold. Quarters shall be draft free. Proper temperature for the well-being of animals shall be maintained at all times.

(e)

Animals shall not be without attention for over 12 consecutive hours.

(f)

No animal shall be exposed to public view for more than 16 hours out of 24 hours.

(g)

Every reasonable precaution shall be made to insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or by any means.

(h)

No animal shall be given any alcoholic beverage, unless administered or prescribed by a licensed veterinarian for medicinal purposes.

(i)

Animals which are worked, kept for sale, or exhibited, shall be strong, healthy and in good condition of flesh.

(j)

Animals which are enemies by nature, or are temperamentally unsuited, shall not be quartered together or so near each other as to cause the animals fear, or to cause them to be abused, tormented, or annoyed.

(k)

No tack, equipment, device, substance nor material that has been condemned by the city manager or designee shall not be used on the animals.

(l)

Animals must be maintained in quarters so constructed as to prevent their escape. Any commercial animal enterprise or pet shop shall assume full responsibility for recapturing any animal that escapes from his premises. Any commercial animal enterprise or pet shop shall take all reasonable precautions to protect the public from the animals and the animals from the public.

(m)

Working animals shall be given proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular condition.

(n)

Animal bedding shall be sufficient in size and quantity, be of good quality, and be kept clean.

(o)

Animals which are unweaned or so young or weak that their sale would be injurious to them shall not be sold, offered for sale, or given away.

(p)

Sick or diseased animals shall be isolated from healthy animals at all times, and so segregated that the illness or disease shall not be transmitted to another animal.

(q)

Sick or injured animals shall not be sold, offered for sale, or displayed.

(r)

Any commercial animal enterprise or pet shop shall maintain a register of the names and addresses of persons from whom animals are received and to whom animals are sold, traded or given.

(s)

Any commercial animal enterprise or pet shop shall furnish the city manager or designee with the names, addresses and telephone numbers of a responsible person or persons who have access to the place of business and who can be reached in an emergency at any time outside of business hours.

(t)

Any changes in address, ownership or management shall be reported in writing to the development services department at least five days prior to such change.

(u)

Any commercial animal enterprise shall retain the name, address and telephone number of the owner of each boarded dog and the license number of each dog. This register shall be exhibited to a code compliance officer upon request.

(v)

Any commercial animal enterprise shall notify the owner of a boarded animal when the animal refuses to eat or drink, causing it to lose flesh, or when the animal is injured or becomes weak or ill.

(w)

Any commercial animal enterprise or pet shop shall keep all animals confined to the premises at all times, except when restrained in accordance with the provisions of this chapter.

(x)

Every person maintaining a pet shop shall post a notice, framed and enclosed under glass, containing the names, addresses and telephone numbers of persons to be notified during any hour of the day or night who will proceed immediately to the location so as to permit entry to premises by a code compliance officer upon request. Such notice shall be on the premises near the entrance in such a position as to be legible at all times from the sidewalk or ground level adjacent to the building.

(y)

Any commercial animal enterprise or pet shop shall conform to all present or future laws and ordinances of the city.

(Ord. No. 2009-08, § 1, 6-17-2009)

(a)

No person or entity shall exhibit or display to the public for entertainment, amusement or promotion (whether gratuitously or for a fee) any live animal on property within the city unless they have first secured all federal and state licenses and permits authorizing such exhibit or display and shall obtain all applicable city permits and business tax receipts.

(b)

In addition to complying with all federal and state regulations regarding the proper treatment of animals on exhibit or display, any person or entity that exhibits or displays to the public for entertainment, amusement or promotion any live animal on property within the city must comply with the following:

(1)

There shall be no exhibition or display of any sick, injured or crippled animal.

(2)

The use of techniques and devices that cause physical injury, torment or pain and suffering to animals are prohibited.

(3)

The animals shall not be kept on hard surfaces such as concrete, asphalt, or gravel. Animals shall only be permitted on unimproved, natural surfaces and shall not be kept or displayed in an environment that endangers the health or safety of the animal.

(4)

The animals must be kept in appropriate housing and husbandry conditions including regular access to food, water, shade from direct sunlight, shelter from inclement weather, nest boxes or dens, relief from human interaction, and veterinary care.

(5)

The keeping or harboring of any animal or fowl whereby frequent or habitual howling, yelping, barking, crowing or making of other noises shall annoy or disturb a reasonable person of normal sensitivities across real property boundaries is prohibited.

(6)

Animal display/exhibit permit. Except as otherwise provided in this chapter with respect to domestic pets, commercial kennels and pet shops, no vertebrate animals shall be displayed by any person or entity for entertainment or amusement purposes on private property unless the person or entity obtains an animal display/exhibit permit from the city according to the requirements of this section. An application for an animal display/exhibit permit shall be submitted to the city no later than 45 days before the date of the planned animal display. Payment of a fee, which amount shall be established by resolution of the city commission, shall be required prior to issuance of the permit. Each such permit shall be valid for only a specific 24-hour, one calendar day period covering the date of the permitted animal display unless the circumstances of the proposed exhibit otherwise dictate, in which case the permit shall be extended for a reasonable time to cover the event; provided, however, that no extended license shall be granted to other than a USDA-licensed animal exhibitor. The permit shall be displayed prominently at the site of display. No applicant may obtain more than six permits within a one-year period. The applicant must provide the following information on the permit application:

a.

The name and address of the applicant.

b.

The address of the property upon which the animal(s) will be displayed.

c.

A description of the purpose for which the animal(s) will be displayed.

d.

The type or species of each animal to be displayed.

e.

A disclosure of any and all investigations conducted by a law or code enforcement entity relating to animal cruelty, abuse or neglect, including a summary of the issues being investigated and the outcome of the investigation.

f.

Each permit application must also be accompanied by a certificate (on a form provided by the city) from a veterinarian licensed to practice in the state, and such certificate shall state the following:

1.

The veterinarian is in good standing with the state department of professional regulation.

2.

Identify the specific animal to which the certificate applies by description, and not merely an assigned name.

3.

Each animal to be displayed has been examined within the past 30 days and is in good health and fit and suitable for the purposes of its display.

4.

Each animal to be displayed is not of an exotic, threatened or endangered species as defined by the United States Department of the Interior.

(c)

The city's code enforcement officers, and police officers, shall have the authority to enforce the provisions of this section.

(d)

The city, through officers of its code compliance division or police department may terminate any exhibition or display of live animals if, in their discretion, said display or exhibition poses a danger to an animal(s) or to humans, or is cruel and inhumane. Prior to termination of the exhibition or display, the animal exhibitor or his representative or employee, if available at the site of display, shall be informed of the danger posed by or objection to said exhibition or display, and shall be given an opportunity to correct or remedy same if the danger or condition is immediately remediable. Failure to take immediate action by the exhibitor to correct the condition or danger as required, shall result in the termination of the exhibition or display by the officer.

(e)

Any party aggrieved by termination of an exhibition or display pursuant subsection (d) of this section may request an appeal in writing to the city manager within three calendar days of said decision. The city manager or his designee shall schedule a meeting within ten business days of receipt of the written request and may overrule, affirm or modify the decision of the officer.

(f)

The requirements of this section are supplemental in nature (in addition to) to all other permits, licenses, laws and other regulations governing animals, business, or land use. This section shall not apply to:

(1)

The racing of horses operating pursuant to a state issued pari-mutuel operating license; or

(2)

Educational exhibits/workshops featuring Florida wildlife through a licensed and permitted non-profit wildlife sanctuary or wildlife hospital.

(Ord. No. 2019-015, § 2, 11-6-2019)