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HomeMy WebLinkAbout19-004ORDINANCE NO. 19-004 AN ORDINANCE AMENDING CHAPTER 6, "ANIMALS" OF THE CODES OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 6-19 (DEFINITIONS) TO ADD A DEFINITION OF "RESPONSIBLE PERSON"; AMENDING SUBSECTION 6-26(J) (ANIMAL CARE) TO REQUIRE A RESPONSIBLE PERSON TO BE OUTSIDE AND WITHIN VIEW OF AN ANIMAL WHILE TETHERED; 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 6 (Animals) 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 6-26 (Animal Care) establishes general standards for the care and treatment of animals; and, WHEREAS, on September 15, 2015, the Board adopted Ordinance No. 15-12 which established restrictions on tethering of animals under Subsection 6-26(j) of the Code of Ordinances; and, WHEREAS, the Board has determined it is in the best interests of the animals who are tethered to amend Subsection 6-26(j) to require a responsible person to be outside and within view of the animal while tethered. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. CHAPTER 6 "ANIMAL AND FOWL" IS HEREBY AMENDED BY AMENDING SECTION 6-19 (DEFINITIONS) TO ADD THE FOLLOWING DEFINITION: Sec.6-19. Definitions. Responsible person. A responsible person is an individual who is at least fifteen (15) years of age or older who may provide temporary supervision or care for an animal as permitted by the owner of the animal. A responsible person as described herein may be the owner, or may be a person who is not the owner but has been permitted by the owner to provide temporary supervision or care. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY 1 FILE # 4550492 04/08/2019 11:2211 AM OR BOOK 4252 PAGE 2411 - 2413 Doc Type: ORDN RECORDING: $27.00 PART B. CHAPTER 6 "ANIMALS" IS HEREBY AMENDED BY AMENDING SUBSECTION 6- 26(J) (ANIMAL CARE) AS FOLLOWS: Sec. 6-26. Animal Care. (j) No animal shall be tethered unless all of the following provisions are met: (1) Animals younger than six months old, older than seven years, or ill shall not be tethered. (2) The length and weight of the tether shall be appropriate for the animal breed and shall be a minimum of ten feet long or four times the length of the animal (measured from tip of nose to base of tail), whichever is greater. (3) The tether must have swivels at both ends of the rope, chain or similar restraint for holding an animal in place, allowing a short radius in which it can move about and not become tangled. (4) Prong, chose or chain collars are prohibited in the use of tethering an animal. (5) The area which the animal may reach while tethered shall be free of entanglements. (6) The length and location of the tether must not allow the animal to reach a fence or neighboring property. (7) Collar weight shall be appropriate for the animal as determined by a reasonable person. (g) wholy, tech Fed. A responsible person must be outside and within view of the animal at all times while tethered. (9) A trolley system is permitted. (10) An animal may not be tethered in extreme weather, including but not limited to hurricanes, tropical storms or tornados. (11) The animal shall have access to a dry and raised area at all times. PART F. 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. K PART G. 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 H. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART I. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Linda Bartz AYE Vice Chair Cathy Townsend AYE Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PART J. 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 F through 1 shall not be codified. PASSED AND DULY ADOPTED this 2ND day of April, 2019. ATTEST: �J e ty Clerk Y C04f,�0 Cs �'+p z f (� m co F COLNr: FLOR��1` 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM,[ CORRECTKSS;, n .J p BY: County Attney by."by."M Big V w galag , RON DESANTIS Governor April 5, 2019 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Alice Sennott Dear Mr. Smith: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 19-004 which was filed in this office on April 5, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us