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Home My WebLink About09-014 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3361660 06/29/2009 at 11 :55 AM OR BOOK 3103 PAGE 1620 - 1624 Doc Type: ORDN RECORDING: $44.00 ORDINANCE NO. 09-014 AN ORDINANCE AMENDING CHAPTER 1-4 "ANIMALS AND FOWL" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-14-16 (DEFINITIONS) TO ADD A DEFINITION FOR "PET SELLER"; AMENDING SECTION 1-4-31 (BREEDER REGISTRATION REQ~RED) TO REQUIRE PET SELLER REGISTRATION; AMENDING SECTION 1-4-32 (ISSUANCE OF BREEDER REGISTRATION CERTIFICATE) TO PROVIDE FOR ISSUANCE OF PET SELLER REGISTRATION CERTIFICATES; PROVIDING FOR CONFUCTING PROVISIONS; PROVIDING SEVERABIUTY AND APPUCABIUTY; PROVIDING FlUNG WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICATION. WHEREAS, Section 125.01, Florida Statutes, authorized 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 Laws (the "Animal Control Ordinance") provides for the regulation and control of animals in the unincorporated areas of St. Lucie County; and, WHEREAS, on April 3, 2007, the Board adopted Ordinance No. 07-010 which established a differential animal registration/identification tag program for dogs and cats in the unincorporated areas of the County as an appropriate means of (a) promoting public health and safety, (b) facilitating the identification and return of stray and last dogs and cats, and (c) encouraging spaying and neutering to reduce the pet overpopulation in St. Lucie County in order to effectively enforce the provisions of Chapter 1-4, and;. WHEREAS, the Board has determined that it is necessary to establish a pet seller registration requirement to further serve the underlying purpose of Ordinance No. 07-10 as ~ ~ passages are deleted. Underlined passages are added. -1- set forth above by providing for registration of persons and entities which do not breed dogs and cats but offer them for sale to the public. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART B. AMENDMENT OF CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, BY AMENDING SECTION 1-4-16 (DEFINITIONS). Section 1-4-16 (Definitions) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to add a definition of "breeder" as follows: Section 1-4-16. Definitions. ************************************* Breeder. Any person other than a pet seller registered pursuant to Section 1-4-31. as provided herein, governmental entity, or non-profit corporation which has been aranted 501.C(3) status by the Internal Revenue Service, who owns, keeps, harbors, maintains, or has custody of any dog or cat which produce a total of two or more litters during a twelve (12) month period. Pet Seller. Any person or entity, other than a re9istered breeder pursuant to Section 1-4-31, governmental entity, or non-profit corporation which has been granted 501.C(3) status by the Internal Revenue Service, who offers for sale one or more dogs or cats duriA~ G twel'.'e (12) m(mth f3eried. ************************************* PART C. AMENDMENT OF CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, TO CREATE ARTICLE III, (REGISTRATION). Article III (Registration) of Chapter 1-4 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended by amending Section 1-4-31 to read as follows: ~ ~ passages are deleted. Underlined passages are added. -2- Section 1-4- 31. Breeder and pet seller registration required It shall be unlawful for any person or entity to operate as a cat or dog breeder and/or pet seller unless such person or entity has been currently registered as a breeder or pet seller in accordance with the provisions of this ordinance. Any breeder and/or pet seller shall be registered in accordance with the provisions of this ordinance. A breeder who is re9istered pursuant to this ordinance shall not also be reQuired to register as a pet seller. Section 1-4- 32. Issuance of breeder and/or pet seller registration certificate. (a) All breeders ef cats aAd/sr do~s and pet sellers in the unincorporated areas of St. Lucie County shall obtain an annual St. Lucie County breeder or pet seller, as appropriate, registration certificate on or before October pt of each year. (b) The breeder or pet seller registration number shall be included in all advertisements for sale of any animals offered for sale or breeding by the breeder or pet seller. if) Breeders and pet sellers shall obtain a registration certificate directly from (1) any participating veterinarians' office displaying the St. Lucie County Animal Control Division Seal, eAEJ (2) the Humane Society of St. Lucie County, Inc::, 100 SavaAAah Read, fort Pierce, flsrida 3<1982, or (3) the St. Lucie County Animal Control Division. Such request shall include proof of current vaccination affidavit as set forth above in Section 1-4-30(b) and a sterilization certificate duplicate copy, if applicable. Participating veterinarians shall provide the HumaAe Saciet'( sf St. Lucie CeuAty, IAc., St. Lucie County Animal Control Division with a list of all liceAses registration certificates issued which shall maintain a database of such information. The fees for breeder and pet seller registration shall be established by resolution of the Board. The County shall pay participating veterinarians and the Humane Society of St. Lucie County, Inc., respectively, the sums to be determined by resolution of the Board for each registration certificate issued. (d) The breeder registration certificate shall be non-transferable. W Net proceeds accruing to the County from the sale of breeder and pet seller registration certificates shall be turned over to the Clerk of the Circuit Court to be placed in a fund designate as the "Animal Registration Fund." The proceeds shall be used for spay/neuter programs in St. Lucie County operated by the St. Lucie County Humane Society. ~ ~ passages are deleted. Underlined passages are added. -3- PART C. CONFUCTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABIUTY AND APPUCABIUTY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk 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 September 1, 2009. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis Vice Chairman Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky Aye Aye Aye Aye Aye ~ ~ passages are deleted. Underlined passages are added. -4- PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, 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 H shall not be codified. PASSED AND DULY ADOPTED this 16th day of June, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA -4Lb~ /;:1/~BY: ~t&) (~ Deputy Cler Chair . ^ elR . APPROVE~DO FORM CORRE NE . I . , BY: County At orn ~ ~ passages are deleted. Underlined passages are added. -5-