HomeMy WebLinkAbout2000 02 14 Public Hearings A Second Reading - Ordinance 2000-03 Animal Control
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
February 14. 2000
Meeting
.~
-
Mgr. / Dept.
Authorization
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission holds a public hearing for the second reading of Ordinance
No.2000-03 requiring animal owners to carry 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 second reading of Ordinance
No.2000-03 dealing with animal 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.
CONSIDERATIONS:
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 property owners. A first reading of Ordinance 2000-03 was held on
January 24, 2000.
FEBRUARY 14, 2000
PUBLIC HEARING AGENDA ITEM A
Page 2
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a public hearing for the second reading of
Ordinance
No. 2000-03.
ATTACHMENTS:
A. Section 4, Section 20-23 and 20-24 of Seminole County Code
B. Ordinance No. 2000-03
C. Advertisement for February 4,2000
COMMISSION ACTION:
ATTACHMENT A
r~
SEMINOLE COUNTY DEPARTMENT OF PUBLIC SAFETY
ANIMAL 'CONTROLDIVISION
232 Bush Boulevard'. Sanford/Florida 32773
(407) 323-2500; EXT 5201 '
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 ill-use 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 LARGE
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 animal 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 ANIMALS ~
It shall be unlawful for any animal owner to permit, 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, 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,
/
ATTACHMENTB
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 ANlMAL 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 RESOLUTIONS; 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 of harmful 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 finds 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 Device and Leash Required.
(a) It shall be unlawful for any person to have an animal in their
possession and control on any property other than their own, unless
said animal is on a leash.
(b) It shall be unlawful for any person to have an animal in their
possession and control on 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 a per se violation of this
subsection (b).
City of Winter Springs
Ordinance No. 2000-03
(c) It shall be unlawful for any person to permit their animal to
defecate on property other than their own without promptly using a
defecation retrieval and collection device to collect, remove and
properly discard the defecation by any sanitary means.
(d) It shall not be violation of any provision of this section ifthe
animal owner has express or implied consent from the property
owner to be without said device or leash or to allow said defecation.
For purposes of this section, the term "defecation retrieval and
collection device" shall mean any device capable of collecting,
storing and discarding animal defecation pursuant to this section,
including a "pooper scooper," plastic/paper bag or container, or any
other similar device.
(e) A violation of this section shall be punishable by code
enforcement citation pursuant to Chapter 2 of the City Code or by
any other code enforcement means legally available to the City.
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.
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
I
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.
Paul P. Partyka, Mayor
City of Winter Springs
Ordinance No. 2000-03
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
APPROVED AS TO LEGAL FORM
FOR THE CITYOF WINTER SPRINGS ONLY:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2000-03
ATTACHMENTC
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't~f~~LEGALS~c ~:';.~'P 'it;~ ~~;?~
CSE3129709 FEB. 4,'2000:'
NOTICE OF CHANGES TO
SECTION 4 OF CITY
ORDINANCES RElATING
TO ANIMAL CONTROL
AND DEFECATION
RETRIEVAL DEVISES
IN THE CITY OF WINTER :!!.
SPRINGS, FLORIOA
'.,
. Notice ot amendments to Sec;"
tion 4, of the City Code 01 Ord;::
nances in the City of Winte.~(
Springs. . ,
Notice is hereby given that ui
City Commission of the City 'of.
Winter Springs, Aorida will hold
~r~~~~~ger~~30~oP~g~i~~~
amendments to Section 4 01 the
Code ot Winter Springs at 6:30
P.M. on February 14, 2000 at
the Winter Springs City Hall. . .
The City 01 Winter Springs pro-
poses to amend Section 4 of
City Code dealing with Animal
Control. . .:
A publiC hearing on the second'
reading of proposed Ordinance'
2000-03 Will take place at the'
City Commission Chambers in
City Hall at 1126 E. State Road i
434, Winter Springs, Florida. In- :
terested persons may attend i
and be heard. I
Additional information pertainin~1 .i
:~~~i~~~t~e C;;~t ~~ l~~t~~.
~~~ii~g]::~~fo~~?ep~~~ 1:::+:~::,<~>:ii:+;Hih>';>iit;g:h~
Road 434,. Winter Springs, Aori-' .
da or call 407-327.1800, #324_
Persons with disabilities need.
jog assistance to partiCipate in
thiS c.roceedina should' contact
~~nl (j'~r~~at~~t~08n~g~fs"i',;
advance of the meeting at 407-
327-1800, #236.
This is a public hearing. If you
decide to appeal any decision
or recommendation made by
rhe City Commission with re.
speel to any matter at this meet-
ing, you Will need a .record. of
the proceedings, and, for such
purposes. you may need to en.
sure that a verbatim record of
the proceedings is made upon
which lhe appeal is' to . be
based.
CSE3129796 FEB.'4,2000