The URL can be used to link to this page

Home My WebLink About2000 01 24 Public Hearings B First Reading - Ordinance 2000-03 Animal Control COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular Janmuy 24. 2000 Meeting ~~ Mgr. 1 .. t. Authorizati .. REQUEST: The Community Development Department-Code Enforcement Division requests the City Commission holds a public hearing for the fIrst reading of Ordinance No.2000-03 requiring atlimal owners to carty and use animal control and defecation devises at times when the animal is in their control on property of others. . PURPOSE: The purpose of this agenda item is to hold a public hearing for the first reading of Ordinance No.2000-03 dealing with ani;mal control. APPLICABLE LAW AND' PUBLIC POLICY: In 1974 the City of Winter Springs adopted the Seminole County Animal Control Ordinance. This proposed regulation, Section 4 of City Code prohibits an animal owner from allowing a nimal(s) to run-at-Iarge upon public property or upon private property of others. It also prohibits an owner to allow any animal to soil, defile, urinate, or defecate on any private or public property other than that of the owner. CONSIDERA TIONS: Although it is unlawful for an animal owner to allow his animal to defecate and/or urinate on property of others, it is difficult to enforce this provision. The Commission has expressed a desire to create legislation that would require anyone walking an animal to carry a defecation retrieval device, and to use this device to collect the animals feces, so as not to create an imposition on the other prop;erty owners. JANUARY 24,1999 PUBLIC HEARING AGENDA ITEM B Page 2 STAFF RECOMMENDATION: Staff recommends the City Commission hold a public hearing for the first reading of Ordinance No. 2000-03 and schedule a public hearing for the second reading on February 7,2000. ATTACHMENTS: A. Section 4, Section 20-23 and 20-24 of Seminole County Code . B. Ordinance No. 2000-03 COMMISSION ACTION: . SEMINOLE couNrlDEp!~R'TM:ENT OF PUBLIC SAFETY ANIM~I}C'ONTROt:DIVISION 232 Bush:BOuleva:ro"",SanfoYd;tIFlorida 32773 · : '~:'~40t;) 323~25QQ; EXT 520.1.\. ./~~! ; 1 , .: ' '. ~ .; j .. .., ,~,' ., j' /.J"\ .. ! .;' .,\,-~'i -~.';: '~\~... t. ~'1" '...._~..'..,>;I..:-"':.. . ,," ." "~:;..,, X"-.,. ..~.~..... . .'< ..<.:-..~~. ,.....-...:.""~~.;;. Section 20.22 CRUELTY TO ANIMALS It shall be unlawful for any animal owner or person to cruelly deprive food, water, shelter and protection to any animal under his control and/or custody, or to abandon, poison, cruelly beat, cruelly whip or kill any animal under his, another's or no one's ,control and/or custody, or to mutilate, overdrive, overload, overwork~ torment, torture or otherwise cruelly i11-u~e any animal. This section shall not apply to wild animals killed in the hunt by customary and nonbrutal methods nor to wild rats, mice, insects, fish, anthropods or vermin; nor shall this section apply to medical research organizations duly licensed and/or otherwise recognized or supported by state or federal law. Section 20.23 ANIMALS AT LiARGE It shall be unlawfUl for any animal owner to allow, either willfully or through failure to exercise due care and control, his animal(s) to run at-large upon public property, unless said public property expressly authorizes the same, or upon private property of others, including common areas of condominiums, cluster homes, planned unit developments, and community associations without the consent of all owners thereof, unless said private property owners authorize the same by express or implied consent. \ Section 20:24 URINATING & DEFECATING It shall be unlawful for any ani~al owner to permit, either willfully or through failure to exercise due care and control, any animal to soil, defile, urinate or defecate on any private or public property, other than that of the owner, without expressed or implied consent. Section 20.25 NOISY ANIMAllS It shall be unlawful for any animal owner to permit I either willfully or through failure to exercise due care and control, any animal, in a continuing or repeating manner, to bark, cry, howl, screech, squawk, scream, whine or cause other objectionable noises which disturb the comfort, peace, quiet or repose of any person residing in the vicinity. Upon the receipt of documentation of a complaint from a law enforcement agency or a statement signed by three (3) or more residents of Seminole County who reside in separate dwellings in the vicinity of the animal(s) or incident(s), averring that a violation of this Section exists, the Animal Control Official shall have reasonable cause to determine that a violation of this Section has occurred. The statements must be made under oath before an individual authorized by law to take acknowledgments and must set forth the pertinent facts relating to the incident(s), including the time(s), date(s), and location, the address or location of the owner of the animal as well as the complainants and a description of the animal(s). The Animal Control Official shall also have the authority to investigate suspected violations of this Section arising under any other circumstances. Section 20.26 DAMAGING OR DESTROYING PROPERTY OR ANIMALS It shall be unlawful for any animal owner to permit I either willfully or through failure to exercise due care and control, any animal to damage, harm, or destroy the property or animal of another person. j '/ ORDINANCE NO. 2000-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES BY ADOPTING A NEW SECTION 4-3 REQUIRING ANIMAL OWNERS TO CARRY AND USE ANIMAL CONTROL AND DEFECATION RETRIEVAL DEVISES AT TIMES WHEN THEY ARE IN CONTROL OF THEIR ANIMALS ON PROPERTY OTHER THAN THEIR OWN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESO~UTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Winter Springs, Florida, recognizes that animal feces can be source o'fharmful organisms; and WHEREAS, the City Commission also recognizes that some animal owners allow their animals to defecate on property of others and said owners should be responsible for cleaning the defecation on such property; and WHEREAS, the City Commission hereby fmds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: . Section 1. Winter Springs Code is hereby amended by creating a new section 4-3 as follows: Sec. 4-3 Animal Defecation Devices Required. It shall be unlawful for any person to have an animal in their possession and control on any property other than their own without a defecation retrieval and collection device. Failure to produce such device when a person is in possession and control of an animal on property other than their own shall be evidence to substantiate a violation of this section, whic\1 shall be punishable by code enforcement citation pursuant to Chapter 2 of the City Code. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2000-03 Page I 0 f 2 Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Code of , Ordinance of the City of Winter Springs and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability~ If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the :City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the -'--- day of ,2000. PauIP.Partyka,11ayor ATTEST: Andrea Lorenzo-Luaces, <Sity Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No. 2000-03 Page 2 of 2