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File #:
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ORD 2023-026-2
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Name:
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Chapter 5, "Animals," Amendments (Second Reading)
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Type:
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Ordinance
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Status:
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Passed
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On agenda:
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5/23/2024
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Final action:
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5/23/2024
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Title:
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AN ORDINANCE AMENDING THE CITY'S CODE OF ORDINANCES BY AMENDING CHAPTER 5, "ANIMALS," SPECIFICALLY SECTIONS 5-2, "DEFINITIONS," 5-3, "ADOPTION OF COUNTY ANIMAL CONTROL ORDINANCE," 5-5, " KEEPING AGRICULTURAL AND FARM ANIMALS," 5-6, "PROHIBITION ON NUISANCES; RUNNING AT LARGE, VICIOUS DOGS, DOGS HAVING BITTEN OR ATTACKED," 5-7, "PROHIBITION OF CRUELTY TO ANIMALS," 5-8, "WILD ANIMALS, WATERFOWL, AND RELATED NUISANCES," AND 5-9, "IMPOUNDING, DISPOSITION OF ANIMALS," TO CLARIFY DEFINITIONS, PROHIBIT PUBLIC NUISANCES CAUSED BY UNNATURAL CONGREGATIONS OF WILDLIFE, AND UPDATE LANGUAGE TO BE CONSISTENT WITH STATE LAW. (SECOND READING)(PUBLIC HEARING)(TABLED FROM MARCH 14, 2024 COMMISSION MEETING)
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Indexes:
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Amendment, Animals, Chapter 5, Code Enforcement, Code of Ordinances, Ordinance
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Code sections:
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Chapter 5, - Animals
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AGENDA ITEM REPORT
TITLE:
title
AN ORDINANCE AMENDING THE CITY’S CODE OF ORDINANCES BY AMENDING CHAPTER 5, “ANIMALS,” SPECIFICALLY SECTIONS 5-2, “DEFINITIONS,” 5-3, “ADOPTION OF COUNTY ANIMAL CONTROL ORDINANCE,” 5-5, “ KEEPING AGRICULTURAL AND FARM ANIMALS,” 5-6, “PROHIBITION ON NUISANCES; RUNNING AT LARGE, VICIOUS DOGS, DOGS HAVING BITTEN OR ATTACKED,” 5-7, “PROHIBITION OF CRUELTY TO ANIMALS,” 5-8, “WILD ANIMALS, WATERFOWL, AND RELATED NUISANCES,” AND 5-9, “IMPOUNDING, DISPOSITION OF ANIMALS,” TO CLARIFY DEFINITIONS, PROHIBIT PUBLIC NUISANCES CAUSED BY UNNATURAL CONGREGATIONS OF WILDLIFE, AND UPDATE LANGUAGE TO BE CONSISTENT WITH STATE LAW. (SECOND READING)(PUBLIC HEARING)(TABLED FROM MARCH 14, 2024 COMMISSION MEETING)
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BACKGROUND:
On February 22, 2024, this item was approved on First Reading by the City Commission, but the approval included direction to amend certain aspects of the ordinance before Second Reading. The ordinance was amended accordingly, and presented for Second Reading on March 14, 2024. At the Second Reading, the City Commission tabled the ordinance and gave further direction to staff to conduct research on a variety of topics. At their regular public meeting on April 25, 2024, the City Commission, through a consensus of its members after receiving general public comment, directed staff to revise this ordinance to provide that only stand-alone parcels of property, measuring a minimum of one (1) acre or more, may have no more than four (4) chickens thereupon. With that direction, staff and the City Attorney’s Office drafted the attached ordinance reflecting those limitations.
In 2017 and 2019, the City Commission considered various goals and objectives to be accomplished by Chapter 5, “Animals,” of the City’s Code of Ordinances. These new amendments seek to further clarify those original goals and objectives that deter the release of wild animals, including but not limited to raccoons, feral cats, possums, poisonous snakes, waterfowl, and many others, on City-owned or leased property, as well as preventing the unnatural congregation of said wildlife within the City. In addition, Chapter 2023-253, Laws of Florida, which became effective on October 1, 2023, prohibits regulation by municipal ordinance of specific dogs by breed, weight, or size. These amendments ensure that the City’s ordinances are compliant with recent state law changes.
DISCUSSION:
The enforcement of Chapter 5, “Animals,” of the City’s Code of Ordinances ensures and protects the integrity of our neighborhoods, supports our business community, maintains our residents’ quality of living, and maximizes property values. This ordinance intends to clarify what constitutes certain violations under the Code and deter public nuisances caused by a variety of animals. These Code amendments eliminate unintended impediments to enforcement by giving more discretion to Code Enforcement Officers and Animal Services Officers to determine how and when to conduct investigations and their enforcement activities pursuant to Chapter 5, “Animals.”
RECOMMENDATION:
Staff recommends approval of this ordinance.
FISCAL IMPACT: N/A
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