The URL can be used to link to this page

Home My WebLink About19-013ORDINANCE NO. 19-013 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 "COMMUNITY CAT"; AMENDING SECTION 6-25 (DISPOSITION OF DOGS, CATS, OR LIVESTOCK FOUND RUNNING AT LARGE) TO MAKE INAPPLICABLE TO COMMUNITY CATS; AMENDING SECTION 6-51 (REGISTRATION REQUIRED) TO MAKE INAPPLICABLE TO COMMUNITY CATS; 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, proliferation of feral cats, or community cats, in the unincorporated areas of the County results in an increase in shelter admission of cats who may be deemed unadoptable; WHEREAS, the Board has determined a program which provides for the trap, neuter or spay, vaccination, and return of community cats ("TNR Program") constitutes a more humane method of responding the presence of community cats while also resulting in the reduction of the feral cat population and shelter admission; and, WHEREAS, it is necessary to amend Chapter 6, "Animals," of the St. Lucie County Code of Ordinances, in order to implement a successful TNR Program. 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 A DEFINITIONS FOLLOWS: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4643357 11/19/2019 12:03:34 PM ORDN 1 OR BOOK 4347 PAGE 2866 - 2869 Doc Type: RECORDING: $35.50 Added language is underlined. Deleted language is stFU6l(thF0Hgh. Sec.6-19. Definitions. Community cat. A cat that has been sterilized,_ vaccinated, ear tipped, microchipped with chip information rer istered with County. and returned to the outdoors to live independent of human intervention. PART B. CHAPTER 6 "ANIMAL AND FOWL" IS HEREBY AMENDED BY AMENDING SECTION 6-24 (RESTRAINT) AS FOLLOWS: Section 6-24. Restraint. It shall be unlawful for any owner to permit his animal to be off the owner's private property unless the animal is under restraint as defined herein or unless the animal is actively engaged in the sport of hunting. This section shall not apply to community cats as defined herein. PART C. CHAPTER 6 "ANIMAL AND FOWL" IS HEREBY AMENDED BY AMENDING SECTION 6-25 (DISPOSITION. OF DOGS, CATS, OR LIVESTOCK FOUND RUNNING AT LARGE) AS FOLLOWS: Section 6-25. Disposition of dogs, cats, or livestock found running at large. (a) Any dog or cat, or livestock found running at large in the unincorporated area of the county by an officer and whose ownership cannot be determined by means of rabies, license, or other identification tags, shall be turned over the humane seeiety OF ^* to a suitable animal care facility. The disposition of livestock impounded under this section shall be conducted pursuant to F.S. ch. 588. If the dog or cat's ownership cannot be determined, the dog or cat shall be held by the facility for five days. The five-day hold period shall not apply to a nursing cat or doh; with a litter of two or more kittens or puppies which shall be placed in foster care as soon as possible. The five day hold period shall not apply to a pregnant dog or cat or a dog. Thereafter, ownership of said cat or dog shall revert to the owner of the facility to be placed for adoption of humanely euthanized, as deemed neeessaFy, by the owner of the facility, or humanely euthanized, as deemed necessary, by the owner of the facility and 9F its th ed "...,,..^^ efflee a veterinarian licensedby the State of Florida. In the event a cat or dog is sick or injured and if in the judgment of the owner of the facility andrff its autheTized humane effieeT a veterinarian licensed by the State of Florida or a euthanasia technician certified by the State of Florida and acting, under the direction of a veterinarian licensed by the State of Florida, such cat or dog is so grievously sick or injured that to hold such cat or dog for the five-day period would either be a health hazard to the other animals sheltered at the facility or would inflict further pain and needless suffering on the cat or dog, and if ownership of such cat or dog cannot be immediately determined, the cat or dog may be upon such judgment, humanely euthanized by }"^ nwppr m the fa6ilit and ff it authorized hi -mane ^{{" '^ a veterinarian licensed by the State of Florida or a euthanasia technician certified by the State of Florida and acting under the direction of a veterinarian licensed by the State of Florida. 2 Added language is underlined. Deleted language is StFUCk t4eeg#. (I) Any community cat as defined herein that is found to be a public nuisance will be impounded at a local animal care facility which will determine the best outcome for the animal. Under no circumstances shall a community cat that has been declared a nuisance be returned to the location from which it was removed or to a location within two miles from the boundary with an adjacent county. PART D. CHAPTER 6 "ANIMAL AND FOWL" IS HEREBY AMENDED BY AMENDING SECTION 6-51(REGISTRATION REQUIRED) AS FOLLOWS_ Section 6-51. Registration required. Except as otherwise provided herein, it shall be unlawful for any person to own, keep, harbor, maintain, or have custody of any dog or cat four months or older, unless such dog or cat has been currently registered in accordance with the provisions of this article. This article shall not apply to community cats as defined herein. PART E. 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 F. 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 G. EFFECTIVE DATE. This Ordinance shall take effect upon adoption. PART H. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Linda Bartz AYE Vice Cathy Townsend AYE Commissioner Chris Dzadovksy AYE Commissioner Frannie Hutchinson AYE Commissioner Sean Mitchell AYE 3 Added language is underlined. Deleted language is StFUEI: thFOU014. PART I. 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 E through J shall not be codified. PASSED AND DULY ADOPTED this 5th day of November, 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA ` BY Deputy Clerk,. Chair CO �. U APPROVED AS TO FORM AND `` �. CORRECTNESS: Typ IPA so BY: County Attorney 4 Added language is underlined. Deleted language is `tFUCk thFE)U^" FLORIDA DEPARTMENT O STATE RON DESANTIS Governor November 20, 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. 19-013, which was filed in this office on November 20, 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