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HomeMy WebLinkAbout2014 11 05 Public Hearing 502 Ordinance 2014-33 Regulation of Sale of Dogs and CatsPLANNING & ZONING BOARD AGENDA ITEM 502 November 5, 2014 Meeting Consent Information Public Hearing X Regular REQUEST: The Community Development Department — Planning Division requests that the Planning & Zoning Board consider Ordinance 2014-33, which proposes to regulate the retail sale of dogs and cats in the City of Winter Springs. SYNOPSIS: On September 22, 2014, the City Commission gave direction to Staff to prepare an Ordinance which would regulate the retail sale of dogs and cats in the City based on concerns that many animals sold in pet stores are obtained from "puppy mills" and "kitten factories". Many times these facilities may contribute to over -breeding and provide minimal medical care and sub -standard housing conditions for the animals bred in these locations. Based on this directive, Ordinance 2014-33 proposes to prohibit the retail sale of dogs and or cats within the C-I (Neighborhood Commercial), C-2 (General Commercial), C-3 (Highway 17-92 Commercial District), and the PUD (Planned Unit Development) zoning districts of the City unless a Conditional Use is granted by the City Commission. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. • Property owner's name(s): Not applicable • Property addresses: Not applicable • Property Parcel ID numbers: Not applicable • Current FLUM Designations: Not applicable • Current Zoning Designations: Not applicable • Previously pproved Development permits such as conditional use, waiver, or variance (if any): Not applicable November 5, 2014 Planning & Zoning Board Agenda, Item 502 Page 2 of 4 • Development Agreements (if any): Not applicable • Pending Code Enforcement Actions (if any): Not applicable • City Liens (if any): Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511-163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Florida Statute 316.2126 Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 20, Section 20-234 - Conditional Uses C-1 (Neighborhood Commercial) zoning district, Section 20-254 - Conditional Uses C-2 (General Commercial) zoning district, Section 20-346.3 - Conditional Uses C-3 (Highway 17-92 Commercial District), Article IV - PUD (Planned Unit Development) DISCUSSION: According to the American Society for the Prevention of Cruelty to Animals (ASPCA), a puppy mill is a large-scale commercial dog breeding operation where profit is given priority over the well-being of the dogs bred in these operations. Dogs in puppy mills are usually housed in overcrowded and unsanitary conditions. Many of these dogs have unchecked hereditary defects and health problems such as epilepsy, heart disease, deafness, and eye problems such as cataracts. Oftentimes, these dogs arrive in pet stores and in their new homes with diseases and infirmities such as upper respiratory infections, kennel cough, fleas, ticks, and heartworm. In addition to puppy mills, kitten factories commercially breed cats in similar conditions, and many of these cats develop health problems similar to those of dogs that are bred in puppy mills. Some pet stores sell dogs and cats that are bred in puppy mills and kitten factories. These dogs and cats are sold to pet shops through a broker and have been marketed as young as eight weeks of age. The lineage records of these animals are often falsified. According to the Humane Society of the United States, commercial pet dealers who breed or sell most warm-blooded animals to pet stores are required to be licensed and inspected by the United States Department of Agriculture (USDA). The Humane Society reviewed USDA records and found that many commercial breeders are guilty of repeated violations of the federal Animal Welfare Act for crowded and dirty conditions. Additionally, these dogs and cats are often sold directly to the public, including over the internet, through newspaper ads, and at swap meets and flea markets. November 5, 2014 Planning & Zoning Board Agenda, Item 502 Page 3 of 4 Ordinance 2014-33 encourages the adoption of dogs and cats from shelters in order to save animals lives, and to reduce the cost related to the public of sheltering animals by prohibiting the retail sale of dogs and or cats within the C-1 (Neighborhood Commercial), C-2 (General Commercial), C-3 (Highway 17-92 Commercial District), and the PUD (Planned Unit Development) zoning districts of the City unless a Conditional Use is granted by the City Commission. Ordinance 2014-33 specifically proposes the following: • Prohibits the retail sale of dogs and or cats within the C-1 (Neighborhood Commercial), C-2 (General Commercial), C-3 (Highway 17-92 Commercial District). • Creates anew Section of the City's PUD code, 20-359, which requires a Conditional Use for the retail sale of cats and dogs, provided that there is either an existing commercial use on the subject property or the property is designated commercial on the master plan for the PUD. • Creates a new Section of the Code of Ordinances, Section 20-423, entitled "Retail Sale of Dogs and Cats." This section requires the following: (a) Except as provided in sections 20-234, 20-254, 20-346.3, or 20-359 of this Code, 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. This section shall not apply to the following: (1) A person or establishment that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away or otherwise transfers or disposes of dogs and/or cats that were bred and reared on the premises of the person or establishment. (2) An animal shelter. (3) An animal rescue organization. (4) An animal shelter or animal rescue organization that operates out of or in connection with a pet store. (5) Licensed veterinary doctors that have dogs or cats in his or her custody and control solely for the purpose of providing medical care and attention. (b) Certificate of source. A pet store shall post and maintain, on or within three feet of each dog's or cat's kennel, cage, or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (c) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store or its owner, operator, or employees, from providing space and appropriate care for animals owned by an animal shelter or animal rescue organization for the purpose of adopting those animals into the public. FISCAL IMPACT: There is no direct fiscal impact to the City associated with this agenda item. November 5, 2014 Planning & Zoning Board Agenda, Item 502 Page 4 of 4 COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board forward a recommendation of approval to the City Commission of Ordinance 2014-33, which proposes to regulate the retail sale of dogs and cats in the City of Winter Springs. ATTACHMENTS: A. Ordinance 2014-33 Attachment "A" ORDINANCE NO. 2014-33 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING CHAPTER 20 OF THE CITY CODE REGARDING THE RETAIL SALE OF DOGS AND CATS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VHI of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission desires to discourage the retail sale of dogs and cats obtained from "puppy mills" and "kitten factories" which facilities may contribute to over -breeding and provide minimal medical care and sub -standard housing conditions for animals; and WHEREAS, the City Commission desires to encourage the adoption of dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 20, "Zoning," is hereby amended as follows (underlined type indicates additions and str-ikeati type indicates deletions, while asterisks (***) indicate a deletion from the Ordinance of text existing in Chapter 20. It is intended that the text in Chapter 20 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): *** Sec. 20-234. - Conditional uses. *** (9) Retail sale of cats and dogs. City of Winter Springs Ordinance No. 2014-33 Page 1 of 3 Sec. 20-254. - Conditional uses. (10) Retail sale of cats and dogs. Sec. 20-346.3. - Conditional uses. (12) Retail sale of cats and dogs. Sec. 20-359. - Conditional use. (1) Retail sale of cats and dogs,provided that there is either an existing commercial use on the subject property or the property is designated commercial on the master plan for the PUD. Sec. 20-423. — Retail Sale of Dogs and Cats. (aa,) Except as provided in sections 20-234, 20-254, 20-346.3, or 20-359 of this Code, 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. This section shall not apply to the following: (1) A person or establishment that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away or otherwise transfers or disposes of dogs and/or cats that were bred and reared on the premises of the person or establishment. (2) An animal shelter. (3) An animal rescue organization. (4) An animal shelter or animal rescue organization that operates out of or in connection with a pet store. (5) Licensed veterinary doctors that have dogs or cats in his or her custody and control solely for the purpose of providing medical care and attention. City of Winter Springs Ordinance No.2014-33 Page 2 of 3 (b,) Certificate of source. A pet store shall post and maintain, on or within three feet of each doe's or cat's kennel, cage, or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (c,) Adoption ofshelter and rescue animals. Nothing in this section shall prevent a pet store or its owner, operator, or employees, from providing space and appropriate care for animals owned by an animal shelter or animal rescue organization for the purpose of adopting those animals into the public. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. (Signature Page Follows) City of Winter Springs Ordinance No. 2014-33 Page 3 of 3 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2014. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney City of Winter Springs Ordinance No. 2014-33 Page 4 of 3