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HomeMy WebLinkAbout13-0401 ORDINANCE 13-040 AN ORDINANCE AMENDING CHAPTER 1-4, "ANIMALS AND FOWL" OF THE CODES OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDAY, BY AMENDING SECTION 2-4-16 (DEFINITIONS) BY ADDING A DEFINITION OF "ANIMAL SHELTER" AND AMENDING THE DEFINITION OF "OWNER"; CREATING ARTICLE IV (ANIMAL SHELTER STANDARDS); CREATING SECTION 1-4-34 (INTENT AND PURPOSE); CREATING SECTION 1-4-35 (ANIMAL SHELTER STANDARDS); CREATING SECTION 1-4-36 (INSPECTIONS); PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorizes the Board of County Commissioners to establish programs providing for the health, safety and general welfare of the residents of St. Lucie County; and, WHEREAS, Chapter 1-4 (Animals and Fowl) of the St. Lucie County Code of Ordinances and Compiled Law (the "Animal Control Ordinance") provides for the regulation and control of animals in the unincorporated areas of St. Lucie County; and WHEREAS, Section 1-4-23 (Animal Care) establishes general standards for the care and treatment of animals; and, WHEREAS, in recognition of the important role animal shelters provide in caring for unwanted and neglected animals which have been surrendered by their owners, seized by animal control agencies or found as strays in the community, the Board of County adopted Resolution No. 12-058 on June 12, 2012 to create the Animal Shelter Standards Committee; and, WHEREAS, pursuant to Resolution No. 12-058, the Animal Shelter Standards Committee has made recommendations to the Board of County Commissioners regarding the establishment of standards for animal shelter care and operations and procedures for the inspections of animal shelters to insure compliance with such standards. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 1-4 "ANIMAL AND FOWL" IS HEREBY AMENDED BY AMENDING SECTION 1-14-16 (DEFINITIONS) AS FOLLOWS: JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT SAINT LUCiE COUNTY ~iLE ?# 389330 10 30 3013 et 09'50 .AfYt OR BOOK 35?d PAGE '384-'_387 poc Type. ORCN REGOR~!~1G x,35.50 Section 1-4-16. Definitions. ********************************* Animal Shelter. , ~;~~ Ee~t~ac~s-~;:T+;~-t#e-C-e~:; +~=y-te ^ ~~~'^ ° ~" ° Any public or private organization existing for the purpose of rescuing and sheltering animals or a person who rescues and shelters animals, either of which places animals for adoption. whether for a fee. a donation, or for free. Owner. Any person, firm, partnership, corporation, organization, or two (2) or more persons having a joint or common interest, or any other association, owning, keeping, possessing, harboring or having control or custody of one (1) or more an animals, including any custodian or person's parent or guardian. An animal shall be deemed to be harbored if it is fed or sheltered for five (5) consecutive days or more. There shall be a rebuttable presumption that the person's name appearing on the animal's registration or radio frequency identification device (RFID), commonly known as a "microchip," is the owner. This definition of "Owner" shall not be considered as sole grounds for establishing legal ownership of an animal for purposes beyond the terms of the St. Lucie Code of Ordinances and Compiled Laws or the St. Lucie County Land Development Code. PART B. CHAPTER 1-4 "ANIMAL AND FOWL" IS HEREBY AMENDED TO CREATE ARTICLE IV (ANIMAL SHELTER STANDARDS) ARTICLE IV. ANIMAL SHELTER STANDARDS Section 1-4-34. Intent and purpose. The purpose of this ordinance to establish standards for the operation of shelters in the unincorporated areas of the County which provide care for unwanted and neglected and procedures for the inspections of such shelters to insure compliance with such standards. Section 1-4-35. Animal Shelter Standards. The Board shall adopt by resolution standards for the operation of Animal Shelters in the following categories: A. Administration and record keepin B. Standard Operating Procedures C. Population levels D. Enclosures and housing E. Euthanasia and spay/neuter protocols F. Compliance with statutory requirements -2- Section 1-4-36. Inspection. All animal shelters, as defined in this Section 1-4-16, in the unincorporated area of the County and any shelter which contracts with the County to provide animal shelter services shall be inspected on a biannual basis at a minimum by members of the Animal Shelter Standards Committee with the assistance of County Animal Control Officers as needed. The Board may adopt by resolution procedures for the inspection of animal shelters. Within ten (10) business days following each inspection, the County shall provide the owner of the Animal Shelter with a written report indicating whether the shelter is found to be in compliance with the standards adopted pursuant to Section 1-4-35, and a reasonable time period for coming into compliance with those standards found to be deficient. Failure to bring such items into compliance with the stated aeriod shall result in enforcement as set forth in Section 1-4-26. PART C. CONFLICT. This Ordinance repeals all other District actions to the extent in conflict with this Ordinance. PART D. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect on November 1, 2013. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Tod Mowery, Chairman AYE Frannie Hutchinson, Vice Chairman AYE Commissioner Paula A. Lewis AYE Commissioner Kim Johnson AYE Commissioner Chris Dzdovsky AYE -3- PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through G shall not be codified. PASSED AND DULY ADOPTED this 15th day of October 2013. ~~r a-.,, BOARD OF COUNTY COMMISSIONERS ATTEST: _ ~ ~~-~~~~~--~~~~;,~~.~ ST. LUCIE COUNTY, FLORIDA - De ty Clerk ~ ~ ~ , ~: ,: ~ ` ^ Chair/ . . ~*~~~ ~ . ~~ . >~,~ ~ ~ PPROVED AS TO FORM AND ~ ~ ~'°' `' °~ :=~~ CORRECTNESS: ~~` ~ ~" c BY: ~1~, ~ - ~ ~ s~ County Attorney -4- '`} ~. t i:~..~~ 4 ( ~s ~ - ~.,:=; i r ,~ i' ~:~, .f~~~" , 3 FLORIDA DEPARTMEN"T" 0~~'7"ATE RICK SCOTT KEN DETZNER Governor Secretary of State October 23, 2013 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Kelly Phelan, Executive Recording Secretary m Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 13-040; which was filed in this office on October 23, 2013. Sincerely, Liz Cloud Program Administrator LC/elr R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Comr�missioners of St. Lucie County, Florida will consider adopting a County Ordinance Which, adopted, would amend Chapter 1-4 "Animals and Fowl" of the Code of Or- dinances and Compiled Laws to amend the definition of "Owner" and create Ar- ticle IV (Animal Shelter Standards) at its regular meeting on Tuesday, the 15th day of October 2013 at 9:00 a.m., or as soon thereafter as the matter may be heard in the St. Lucie County Com- mission Chambers at the St. Lucie County Administration Building Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The hearing may be continued from time to time as may be necessary. Matters affecting your per- sonal and property rights may be heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. The St. Lucie County Board of County Commissioners has the power to re- view, approve, modify or deny any or- dinance within their area of responsibil- ity. If it becomes necessary, a public hearing may be continued to a date cer- tain. Copies of the proposed ordinance may be obtained from the County Attorney's Office, St. Lucie County Administratior Building Annex, 2300 Virginia Avenue Fort Pierce, Florida, 34982 Amendments to the Ordinance may b€ made at the public hearing. If any person decides to appeal any de cision made with respect to any matte considered at the meetings or hearing: of any board, committee,'commission agency, council or advisory group, tha person will need a record of the pro. ceedings and that, for such purpose, may need to ensure that a verbatim re- cord of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying dur- ing a hearing upon request. . Anyone with a disability requiring ac- commodation to attend this meeting should contact George Landry, Risk Manager, at (772) 462-1546, or T.D.D. (772) 462-1428, at least forty-eight (48) hours prior to the meeting. The title of the proposed ordinance is: ORDINANCE AN ORDINANCE AMENDING CHAPTER 1-4, "ANIMALS AND FOWL" OF THE CODE OF ORDINANCES AND COM- ' PILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 2-4- 16 (DEFINITIONS) BY ADDING A DEFI- NITION OF "ANIMAL SHELTER" AND AMENDING THE DEFINITION OF "OW- NER"; CREATING ARTICLE IV (ANIMAL f SHELTER STANDARDS); CREATING SECTION 1-4-34 (INTENT AND PUR- POSE); CREATING SECTION 1-4-35 (ANIMAL SHELTER STANDARDS); CRE- ATING SECTION 1-4-36 (INSPE- CTIONS); PROVIDING FOR SEVERABILI- TY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. THIS NOTICE EXECUTED and dated this 25th day of September 2013. Submitted by: Daniel S. McIntyre County Attorney PUBLISH DATE:September 25,2013 TCN2557989