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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 ." ~~~ " . . >,... - ,..., \);. . . ',':'.',:, '...',......:. ':,':",:,:,:,:".:,:,;:;,.:,~,;",'",:~. ".:.:~..":~'~,,:'1:;. ~~ :::;::~ ~~":.:. :":::~ :~':':-:::~::i~~~i~~::~~~~ ~H~~~.~:~~(g~;~~~::?~:;::~ ~;:~;::~~~~~~. '.".~. ;,"<. ":."~_~H\\.~~~~;.~u.~}~~;.t:~~~:.~:::~.~:~::~::~.~~t;~~~~:f~:.'- ;-~::i~.; . -. _ ,\~:~:',~~d~.-..r ~: .~,;\:"j~i-;"::;~~-;~~j: _ '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