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Home My WebLink About19-018ORDINANCE NO. 19-018 AN ORDINANCE AMENDING SECTION CHAPTER 6 (ANIMALS) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY AMENDING SECTION 6-31, "TRAVELING ANIMAL SHOWS; PERMIT REQUIRED", TO REDUCE THE TRAVELING ANIMAL SHOW PERMIT APPLICATION PERIOD FROM SIXTY (60) DAYS TO THIRTY (30) DAYS, ESTABLISH A SINGLE PERMIT APPLICATION FOR TRAVELING ANIMAL SHOWS AT THE ANNUAL ST. LUCIE COUNTY FAIR; PROVIDE FOR INSPECTIONS, PROHIBITTHE USE OF ELEPHANTS IN TRAVELING ANIMALSHOWS, AND PROVIDE FOR THE ESTABLISHMENT OF A FEE SCHEDULE; AMENDING SECTION 6-86 (INSPECTION) TO PROVIDE FOR ANIMAL SHELTER INSPECTIONS TO ALSO BE CONDUCTED BY ST. LUCIE COUNTY ANIMAL CONTROL OFFICERS; PROVIDING FOR FILING WITH DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County has the power to adopt ordinances necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, on September 12, 1995, the Board of County Commissioners adopted Ordinance No. 95-28 which created Section 1-4-28, recodified as Section 6-19, of the St. Lucie County Code of Ordinances, to establish permit requirements for traveling animal shows; and, WHEREAS, in order to reflect the validity period for veterinary certificates issued for animals in such shows, it is appropriate to reduce permit application period from sixty (60) days before the show date to thirty (30) days before the show date; and, WHEREAS, in order to provide for a means of issuing permits for traveling animal shows appearing at the annual St. Lucie County Fair, it is appropriate to provide for St. Lucie County Fair Association, Inc. to apply for a single annual permit for all of the traveling animal shows with which it contracts to appear at St. Lucie County Fair; and, WHEREAS, in order to prevent the mental and physical stress and potential abuse which may result from the use of elephants to perform tricks which do not occur among elephants living in the wild and the potential harm which may result to the public as the result of an elephant's response to such stress and abuse, it is appropriate to further amend Section 6-19 to prohibit the use of elephants in traveling animal shows appearing in the unincorporated areas of the County. WHEREAS, on October 15, 2013, the Board of County Commissioners adopted Ordinance No. 13-040 which established standards for animal shelters operating in the unincorporated areas of the County and provided for inspection of animal shelters by the Animal Shelter Standards Committee pursuant to Section 1-4-36, recodified as Section 6-68; and, 1 WHEREAS, in order to provide for a more efficient animal shelter inspection process, it is appropriate to amend Section 6-68 to provide for inspection by the Animal Shelter Standards Committee and/or St. Lucie County Animal Control Officers. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SECTION 6-31, (TRAVELING ANIMAL SHOWS; PERMITS REQUIRED), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA IS AMENDED AS FOLLOWS: Section 6-31. -Traveling animal shows; permit required. (a) Except as otherwise provided herein,. the owner or operator of any traveling animal show desiring to operate in the unincorporated area of the county shall make written application for permit on forms provided by the animal control division no later than 60 30 days prior to the first performance of any spectacle, display, act or event within the county. Such application shall include, but not be limited to, the name of the owner of the traveling animal exhibition, all proposed locations within the county for the traveling animal show, the date the animal show is to arrive within the county, the date of departure and all dates on which it is perform at any location within the county. The applicant shall further provide proof of the following: (1) Current liability insurance with coverage of $100,000.00 per person, $300,000.00 per occurrence, with a maximum deductible of $10,000.00. (2) A minimum of fifteen (15) calendar daysprior to the arrival of the animals in the county, the applicant shall submit copies of all applicable and current state inspection certificates, including a current USDA permit if applicable. In the event a current state inspection certificate(s) is not provided in a timely manner as provided herein, the subject animals_ shall_ not_be_p_ermitted to perform or otherwise armear in anv spectacle, displav, act or event. (3) A veterinarian on duty if the show involves wildlife or captive wild animals. (b) In lieu of individual permit applications as provided in Section 6-31(a), the St. Lucie County Fair Association, Inc. may submit a single annual application for the traveling animal shows with which it contracts for the annual St. Lucie County Fair at the St. Lucie County Fairgrounds. Such application shall include, but not be limited to, the name of the owner of the traveling animal exhibition, the date the animal show is to arrive within the county, and the date of departure. The Fair Association shall further provide proof of the following: (1) Current liability insurance with coverage of $100,000.00 per person, $300,000.00 per occurrence, with a maximum deductible of $10,000.00. (2) All applicable and current state inspection certificates, including a current USDA permit if applicable, shall be provided to the County no less than fifteen 15 days prior to the arrival of the animals in the County. Only animals for which the required state inspection certificates and USDA permits, if applicable, are provided in a timely manner as set forth herein shall be permitted to enter the St. Lucie County Fairgrounds. All traveling animal shows under this subsection 6-31(b) shall be subject to inspection by the Florida Department of Agriculture upon arrival at the St. Lucie County Fairgrounds. (3) A veterinarian on duty if the show involves wildlife or captive wild animals. u The term "traveling animal show" shall be defined as any spectacle, display, act or event, including circuses and carnivals, where animals are maintained, whether or not the animals actually perform, whose owners or operators do not have their principal place of business in the county and which is required to obtain aff a business tax receipt pursuant to chapter 42, article III, of this Code. u All traveling animal shows shall be subject to inspection by the County Animal Safety Division to determine whether the animals are being provided sufficient care as further provided in Section 6-26. (e) All traveling animal shows scheduled to appear at the St. Lucie County Fairgrounds under shall be subject to inspection by the Florida Department of Agriculture upon arrival at the Fairgrounds. jfl The use of elephants in any spectacle, display, act or event including circuses and carnivals, where animals are maintained whether or not the elephants actually perform, is prohibited. W The Board shall establish a fee schedule for traveling animal show permit applications by resolution. PART B. SECTION 6-86, (INSPECTION), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS FOLLOWS: Section 6-86 - Inspection. All animal shelters, as defined in Section 6-19t in the unincorporated area of the county and any shelter which contracts with the county to provide animal shelter services shall be inspected on a biannual basis at a minimum by members of the animal shelter standards committee ;•+" the +,^r^ ^{ and/or county animal control officers as needed. The board 3 may adopt by resolution procedures for the inspection of animal shelters. Within ten business days following each inspection, the county shall provide the owner of the animal shelter with a written report indicating whether the shelter is found to be in compliance with the standards adopted pursuant to Section 6-85, and a reasonable time period for coming into compliance with those standards found to be deficient. Failure to bring such items into compliance with the stated period shall result in enforcement as set forth in Section 6-29. PART C. 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 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 E. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Cathy Townsend AYE Vice Chair Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson 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 C through G shall not be codified. 2 PASSED AND DULY ADOPTED this 17th day of December, 2019. ATTEST: M I -�ty Clerk &t dNN 5 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED A5 7 FOR AND CORRECTNESS:/ ., /I �I ✓ . BY: County Attorney RON DESANTIS LAUREL M. LEE Governor Secretary of State December 23, 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: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 19-018, which was filed in this office on December 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