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Home My WebLink About07-010 c"gp¡-Ið: jJ1+8 ",I'I<1I1¿& f'ul:1r L ~; Pd'" .4i1,n1iLP&m'd ::tIO:::!!(I)m ¡'J;o8~~~ o .~_ ;0 w Z 0"013: ZNfj~. Q¡>¡¡:-" y¡omm" en "'C 0 (")~-< bè)~g!i °m:::::!z": ... 8-u') ß--J..(~ ,~ :;:c :Þ.~ ,:; fi~ ~ ~~ :;! -< m ~ n ~ ::ã o n ;0 c: '" ::¡ Z n o c: ~ ORDINANCE NO. 07-010 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 OF "BREEDER"; CREATING ARTICLE III, "REGISTRATION" TO REQUIRE REGISTRATION OF DOGS AND CATS; CREATING SECTION 1-4-29 (REGISTRATION REQUIRED; EFFECT ON DOGS OR CATS IN EXISTENCE ON THE EFFECTIVE DATE OF THE ORDINANCE); CREATING SECTION 1-4-30 (ISSUANCE OF ANIMAL REGISTRATION/IDENTIFICATION TAGS); CREATING SECTION 1-4-31 (BREEDER REGISTRATION REQUIRED); CREATING SECTION 1-4-32 (ISSUANCE OF BREEDER REGISTRATION CERTIFICATE); CREATING SECTION 1- 4-33 (ENFORCEMENT AND PENALTIES); PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING SEVERABILITY AND APPLICABILITY; PROVIDING FILING 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 this 3rd day of April, 2007, at a duly advertised public hearing, the Board determined that it is necessary and in the public interest to amend the Animal Control Ordinance to establish a differential registration/identification tag program for dogs and cats 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. ~ ~ passages are deleted. Underlined passages are added. -1- 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 (DEFINmONS). 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. Anv person who owns. keeps. harbors. maintains. or has custody of anv dOG or cat which produce a total of two or more litters durinG a twelve (12) month period. ************************************* 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 created to read as follows: ARTICLE III. REGISTRATION Section 1-4-29. ReGistration reQuired; effect on dOQS or cats in existence on the effective date of the ordinance. Except as otherwise provided herein, it shall be unlawful for anv person to own. keep. harbor. maintain. or have custody of anv dOG or cat four (4) months or older. unless such dOQ or cat has been currently reQistered in accordance with the provisions of this ordinance, Anv dOQ or cat four (4) months or older on the effective date of this ordinance and which has a current valid rabies vaccination as of the effective date shall be reQistered in accordance with the provisions of this ordinance. S*P+ke ~ passages are deleted. Underlined passages are added. -2- Section 1-4-30. Issuance of animal reaistration/identification taas. fg) All owners or custodians of doas and cats in the unincorporated areas of St. Lucie County shall obtain a St. Lucie County reaistration/identification taa for each doa and cat bv the aae of four (4) months that they own. keep. harbor. maintain. or have in custody as follows: ill Within thirty (30) days of aCQuirina the doa or cat; or (2) Within thirty (30) days after the owner or custodian takes residence in the unincorporated areas of St, Lucie County. whichever occurs later. (J;ù Except as provided herein. reaistration/identification taas should be securely fastened about the animal's neck bv a collar or other device so as to be clearly visible at all times. Doas and cats not so reaistered/identified may be considered stray and in violation of Section 1-4-22 and may be impounded as therein provided. A vaccination certificate and if applicable. a sterilization certificate. issued by a veterinarian must accompany all applications for a St. Lucie County reaistration/identification taa. if) The reaistration/identification taa shall be valid for one (1) year from the date of issuance or date of the rabies vaccination. whichever is earlier for unsterilized animals and for the lifespan of sterilized animals. íQ) Animal owners or custodians shall purchase a reaistration/identification taa directly from (1) any participatina veterinarians' office displayina the St. Lucie County Animal Control Division Seal. and (2) the Humane Society of St. Lucie County. Inc., 100 Savannah Road. Fort Pierce. Florida 34982. 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. Participatina veterinarians shall provide the Humane Society of St. Lucie County. Inc.. with a list of all licenses issued which shall maintain a database of such information. The fees for reaistration/identification taas shall be established bv resolution of the Board. The County shall pav particiDatina veterinarians and the Humane Society of St. Lucie County. Inc., respectively. the sums to be determined by resolution of the Board for each reaistration/identification taa sold. W No reaistration/identification taa shall be transferable from one animal to another nor from one owner to another. Upon transfer of a previouslv reaistered animal to a new owner or custodian. the owner or custodian shall have a period of thirty (30) days ðffike ~ passages are deleted. Underlined passages are added. -3- within which to complv with the requirements of this ordinance. ill Net proceeds accruinQ to the County from the sale of cat or dOQ reQistration/identification taQs shall be turned over to the Clerk of the Circuit Court to be placed in a fund desiQnate as the "Animal ReQistration Fund." The proceeds shall be used for spay/neuter prOQrams in St. Lucie County operated bv the St. Lucie County Humane Society. (g) The reQistration provisions of this article shall not apply to: ill Anv owner or custodian who is a nonresident or temporary resident. as defined herein. provided that the owner's animal has been vaccinated for rabies. which vaccination remains valid under the laws of St. Lucie County for the duration of the anticipated stay within the unincorporated areas of the County. A "temporary resident" as used herein shall be defined to mean a person who intends to reside in the unincorporated areas of the County for a total period of less than six months durinQ any twelve-month period. All other requirements includinQ but not limited to restraint obliQations shall ~ ill The ownership, care. custody or maintenance, in the ordinary course of business. of any animal bv a research or veterinary medical facilitv. Qovernment operated or authorized animal shelter. humane society facilitv. boardinQ facilitv. or commercial pet shop. provided that said shelter. facility, or shop is operatinQ in accordance with all applicable occupational licensinQ and zoninQ ordinances; (3) DOQS and cats kept on property zoned AG-l. AG-2.5. AG-5. or PUD where livestock is permitted: or. ill Service and/or therapy dOQS and cats. includinQ but not limited to Quide dOQS for persons with visual impairment. Section 1-4-31. Breeder reQistration required It shall be unlawful for any person to operate as a cat or dOQ breeder unless such person has been current Iv reQistered as a breeder in accordance with the provisions of this ordinance. Any breeder shall be reQistered in accordance with the provisions of this ordinance. _ ~ passages are deleted. Underlined passages are added. -4- Section 1-4-32. Issuance of breeder reQistration certificate. (a) All breeders of cats and/or dOQS in the unincorporated areas of St. Lucie County shall obtain an annual St. Lucie County breeder reQistration certificate on or before October 1st of each year. íQ) The breeder reQistration number shall be included in all advertisements for sale of anv animals offered for sale or breedinQ bv the breeder, Íf1 Breeders shall obtain a reQistration certificate directlv from (1) any participatinQ veterinarians' office displayinQ the St. Lucie County Animal Control Division Seal. and (2) the Humane Society of St. Lucie County. Inc.. 100 Savannah Road. Fort Pierce. Florida 34982. Such reGuest 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 Humane Society of St. Lucie County. Inc.. with a list of all licenses issued which shall maintain a database of such information. The fees for breeder reGistration shall be established bv resolution of the Board. The County shall pav participatinG veterinarians and the Humane Society of St. Lucie Countv. Inc.. respectivelv. the sums to be determined bv resolution of the Board for each reGistration certificate issued. {ill The breeder reQistration certificate shall be non-transferable. W Net proceeds accruinQ to the County from the sale of breeder reQistration 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 prOQrams in St. Lucie County oDerated by the St. Lucie County Humane Society. Section 1-4-33 Enforcement and penalties This article shall be enforced in accordance with the enforcement and penaltv provisions set forth in Section 1-4-26. PART C. CONFLICTING 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 ~ ~ passages are deleted. Underlined passages are added. -5- superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. 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 D. 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 October 1, 2007. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Charles Grande Commissioner Doug Coward Aye Aye Aye Aye Aye PART G. 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 F shall not be codified. &f:t>ike ~ passages are deleted. Underlined passages are added. -6- PASSED AND DULY ADOPTED this 3rd day of April, 2007. . -'",'':"'''" '.,"'), ,," ". ',,,-;~<,>'<}¡ { c~:o::~,;\\.& BOARD OF COUNTY COMMISSIONERS ~~~h LUC COUN1Y, FLORI' Deputy Cle~:>// Ct¡) ,Q . ¡~/ >O\//'( ,,l' . ''''. APPROVED AS io FORM ANt>^,v) , J CORREctNESS: / 0, "}; 4~i' - .Þ , BY: ','-,',',' . ',<i 'k -- - >rs-- }¡:'t;;: ,:;' :r?'"' A4 County Attør'!:eÝ ~ ~ passages are deleted. Underlined passages are added. -7-