HomeMy WebLinkAbout03-019ORDINANCE NO. 03-19
AN ORDINANCE AMENDING CHAPTER 1-4,
ANIMALS AND FOWL, OF THE ST. LUCIE COUNTY
CODE OF ORDINANCES AND COMPILED LAWS OF
ST. LUCIE COUNTY, FLORIDA, BY AMENDING
SECTION 1-4-16 ("DEFINITIONS") TO AMEND THE
DEFINITION OF "PUBLIC NUISANCE" TO EXEMPT
ANIMALS LOCATED ON PROPERTY ZONED AR-1
WITH AGRICULTURAL CLASSIFICATION
PURSUANT TO SECTION 193.461, FLORIDA
STATUTES; FURTHER AMENDING SECTION 1-4-16
("DEFINITIONS") TO EXEMPT BIRDS AND
LIVESTOCK LOCATED ON PROPERTY ZONED AR-
1; CREATING SUBSECTION 1-4-16 TO EXPRESSLY
PROVIDE THAT NOTHING IN SECTION 1-4-16
SHALL BE INTERPRETED TO CONTRAVENE THE
PROVISIONS OF THE FLORIDA RIGHT TO FARM
ACT, SECTION 823.14, FLORIDA STATUTES;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING
FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR CODIFICATION.
WHEREAS, Section 125.01, Florida Statutes, authorizes a board of county
commissioners to adopt regulations which promote the health, safety, and welfare of the
citizens of the county and to adopt ordinances necessary for the exercise of its powers in
accordance with law; and,
WHEREAS, Section 828.27, Florida Statutes, authorizes a board of county
commissioners to enact ordinances regulating the possession, ownership, care, and custody
of animals; and,
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WHEREAS, on August 25, 1987, the Board of County Commissioners adopted
Ordinance No. 87-27 which established animal control regulations for the unincorporated
areas of St. Lucie County; and,
WHEREAS, on March 4, 2003, the Board of County Commissioners adopted
Ordinance No. 03-10 which amended Section 1-4-17 (Public nuisance prohibited) to
establish a time period beyond which animal noise will constitute a public nuisance; and,
WHEREAS, in recognition of the animal noise which is generated by agriculture
operations, Ordinance No. 03-10 also created an exemption under Section 1-4-17 for animals
located on property zoned AG-l, AG-2.5, AG-5, or PUD where livestock is permitted, or
property on which livestock is permitted as a nonconforming use; and,
WHEREAS, it is appropriate to extend the exemption under Section 1-4-17 to
animals located on property zoned AR-1 with agricultural classification pursuant to Section
193.461, Florida Statutes.
NOW THEREFORE, BE IT ORDAINED bythe Board of County Commissioners
of St. Lucie County, Florida:
PART A. CHAPTER 1-4, ANIMALS AND FOWL, OF THE CODE OF
ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY,
FLORIDA, IS HEREBY AMENDED BY TItE DEFINITION OF
"PUBLIC NUISANCE" IN SECTION 1-4-16 AS FOLLOWS:
Section 1-4-16. Definitions.
As used in this article, the following terms shall have the indicated meaning:
Public nuisance.
(1) Any animal which:
a. Attacks passersby or passing vehicles without provocation;
b. Attacks any other animal;
c. Is repeatedly at large and not under restraint;
d. Damages private or public property;
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Repetitively barks, whines, howls, chirps, caws, or whistles for a
period of five (5) minutes or more so as to disturb adjacent residents,
except the following:
_ak_nimalslocated on property zoned AG-I, AG-2.5, AG-5,
AR-1 with agricultural classification pursuant to Section
193.461, Florida Statutes, or PUD where livestock is
permitted, or
Animals located on property on which livestock is permitted
as a nonconforming use;,, or
Birds and livestock located on property_ zoned AR-1.
Causes an annoyance in the neighborhood by acts such as overturning
garbage cans, defecating, digging holes on other than its owner's
property, or such other acts as are generally regarded to create an
annoyance.
(2)
Any activity, such as, but not limited to, the feeding of wild animals or fowl
which:
ao
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Causes the fouling of the air by odor and thereby creates
unreasonable annoyance or discomfort to those in close proximity to
the premises where the animals or fowl congregate; or
Causes a sanitary nuisance as defined in Section 386.01, Florida
Statutes.
(3)
Nothing in this section shall be interpreted to contravene the provisions of the
"Florida Right to Farm Act", Section 823.14, Florida Statutes.
PART B. CONFLICTING PROVISIONS
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY
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
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of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable
to any person, property or circumstances, such holding shall not affect its applicability to any
other person, property or circumstances.
PART D. APPLICABILITY OF ORDINANCE
This ordinance shall be applicable in the unincorporated areas of St. Lucie County,
Florida.
PART E. FILING WITH DEPARTMENT OF STATE
The Clerk be and hereby is directed forthwith to send a certified copy of this
ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida,
32304.
PART F. EFFECTIVE DATE
This ordinance shall take effect upon filing with the Department of State.
PART G. ADOPTION
After motion and second, the vote on this ordinance was as follows:
Chairman CliffBames
Vice Chairman Paula A. Lewis
Commissioner Frannie Hutchinson
Commissioner John D. Bmhn
Commissioner Doug Coward
PART H. CODIFICATION
AYE
AYE
AYE
NAY
NAY
Provisions of this ordinance shall be incorporated in the County Code 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 to H shall not be codified.
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ATTEST:
PASSED AND DULY ADOPTED this /7 day of August, 2003.
BOARD OF COUN/T~C~MISSIONER~-.
ST. LUCIE C,~JNT~LORIDA
- BY: /
CLE~ ~HAI~
APPROVED~S TO FOR~ AND
CORRECTNESS: ~ · ~
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