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80-O-50ORDINANCE NO. 80-0-50 AN ORDINANCE REPEALING THE PROVISIONS OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF EDGE - WATER, FLORIDA, PERTAINING TO ANIMALS AND FOWL, AND SUBSTITUTING THEREFOR A NEW ORDINANCE TO BE DESIGNATED AS THE ANIMAL CONTROL ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT SAID ORDINANCE SHALL BE CODIFIED AS CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 5-1. This Ordinance shall be referred to as the Animal Control Ordinance of the City of Edgewater, Florida. SECTION 5-2. The provisions of this Ordinance shall be codi- fied as Chapter 5 of the Code of Ordinances of the City of Edgewater, Florida. SECTION 5-3. Administration, Implementation and Enforcement. The Chief of Police is hereby designated as the animal control officer to be primarily responsible to the City Council for the enforcement of this chapter. Said animal control officer is hereby authorized to util- ize the .services of the New Smyrna Beach -Edgewater Humane Society in the administration and implementation and enforcement of this chapter. Said animal control officer shall have the authority to designate one or more employees of the New Smyrna Beach -Edgewater Humane Society to assist him in the implementation and enforcement of this chapter and shall have the power to vest said employees with all powers of special police officers that are necessary to effectively administer and en- force this chapter. The City Council is authorized to appropriate for the administration and enforcement of this chapter such sums of money and to use same and municipal property as in the judgment of the City Council shall be necessary and proper. SECTION 5-4. City Area designated Bird Sanctuary. All lands within the corporate limits of the City of Edgewater, Florida, are hereby declared to be and designated as a bird sanctuary. It shall be unlawful for any person to intentionally, kill, trap or injure any bird within said area. gyp_ peso SECTION 5-5. Definitions. The following words and terms as used in this ordinance shall mean: (a) Person shall mean natural person or persons, firm, associa- tion or corporation. (b) owner shall mean any person, as herein defined, who owns, keeps, harbors or controls an animal. (c) Animal shall mean any living dumb creature capable of self locomotion. (d) vicious animal shall mean any animal of fierce or dangerous propensities which is likely to cause injury to person or persons or damage to property or any animal which exhibits traits which are ungov- ernable or any animal which displays a habit of unprompted biting. (e) At large shall mean when an animal is off of the premises of the owner and not under the actual control, custody, charge or possession of the owner or other responsible person either by leash, cord or chain. (f) Animal control officer shall mean the person or persons appointed by, contracted with, or employed by the City of Edgewater as animal control officer and such agents or employees designated by such officer to carry out the duties of such officer under this article. The Chief of Police is hereby designated as the animal control officer to be primarily responsible for the enforcement of this chapter, and such other subordinate animal control officers as he may appoint from time to time pursuant to the provisions of this chapter. "Animal control officer" may be used interchangeably with the term "impounding officer." (g) County health officer shall mean the person appointed, pursuant to Chapter 154, Florida Statutes, as director of the Volusia County Health Department and his designated agents. (h) Kennel shall mean any place of business where dogs or cats, regardless of number, are kept for sale, breeding, boarding or treat- ment purposes, except a dog hospital, dog beauty parlor, or pet shop, all as allowed by the zoning ordinance of Edgewater, or any premises used for residential purposes where four (4) dogs or cats four (4) months or older, are kept, harbored, or maintained. (i) Council shall mean the City Council of the City of Edge- water, Florida. .r (j) Holding or impounding facility: The New Smyrna Beach - Edgewater Humane Society shelter shall be considered a holding or im- pounding facility, and such other facilities as may be from time to time designated as holding or impounding facilities by the animal con- trol officer. (k) Animal exposed to rabies: Any animal shall be deemed to have been exposed to rabies if it has been bitten by or has been associated with any animal determined by the county health officer or the animal control officer to be infected with rabies or suspected of being infected with rabies. (1) Animal at large: Any animal not under the restraint as defined in this section. (m) Animal under restraint: An animal secured by a lease or lead or under physical restraint or under restraint of a mechanical device such as a cage, or an animal that is confined within the real property or vehicle of its owner. A dog shall be considered under restraint when said dog is under the physical restraint of a lead or leash held by some person. A dog shall be considered under restraint when said dog is accompanied by the owner of said dog or some member of the owner's family, regardless of whether said dog is on a lead or a leash. SECTION 5-6. Running at large prohibited. No animal, whether licensed or unlicensed, except cats, shall be at large. Any animal found at large shall be deemed to be committing an act in violation of this article. Any person who owns, keeps or harbors any animal found at large shall be guilty of a misdemeanor and punished as provided for in Section 5-45 of this article. SECTION 5-7. Animals creating nuisance prohibited. Any animal which habitually barks, whines, howls or causes other ob- jectionable noise, which is at large, chases or runs after persons or vehicles, which destroys or damages any property of another person, which causes serious annoyance to neighboring residents and interferes with the reasonable use and enjoyment of their property, or which is otherwise offensive so as to create a nuisance shall be deemed to be committing an act in violation of this article. Any person who owns, keeps or harbors any animal which is deemed in violation of this section - 3 - shall be guilty of a misdemeanor and punished as provided for in Section 5-45 of this article. SECTION 5-8. Animals defecating urinating on public or private premises prohibited; exception. Any animal which defecates or urinates upon the sidewalk of any public street, or upon the floor of any common hall in any apartment house, tenement house, hotel or other multiple dwelling, or upon entranceway, stairway or wall immediately abutting on a public sidewalk, or upon the floor of any theatre, shop, store, office building, or other building used in common by the public, or upon any property or premises owned by any person except the property or premises of owner of such animal shall be deemed to be committing an act which constitutes a violation of this article. Any person who owns, keeps, or harbors or has charge, care, custody or control of any animal which is deemed in violation of this section shall be guilty of a misdemeanor and punished as provided for in Section 5-45 of this article. SECTION 5-9. Animals prohibited in parks and on beaches. No animal shall enter into or on any public park or beach in the city. No provision shall be made prohibiting dogs trained to assist or aid disabled or handicapped persons, when such dogs are actually being used to assist or aid such persons, from any public park or beach. Any animal found in an area restricted for such animal shall be deemed to be committing an act in violation of this article. Any person owning or having charge, care, custody, or control of any animal deemed in violation of this article shall be guilty of a misdemeanor and punished as provided for in Section 5-45 of this article. SECTION 5-10. Unlicensed dogs prohibited. Any person who shall own, keep or harbor any dog within the City of Edgewater that is not licensed as provided in this article shall be guilty of a misdemeanor and punished as provided for in Section 5-45 of this article. The lack of a license tag on the collar or harness of a dog or the lack of approved license marking shall be deemed prima facie evidence that the animal has not been licensed or vaccinated and of evidence of the violation of this article. SECTION 5-11. Poisoning or trapping of dogs or cats prohibited. Any person who shall trap, poison, or aid, abet or assist in the - 4 - poisoning, or putting out or placing of poison or traps at any point or place outside of buildings where dogs or cats may frequent shall be guilty of a misdemeanor and punished as provided for in Section 5-44 of this article. SECTION 5-12. Cruelty to animals prohibited. Any person who shall deprive of food or water, cruelly beat or whip, torture, torment, mutilate, kill, or otherwise cruelly ill use any animal or cause or procure the same to be done by others, or any person who has charge or custody of any animal, whether as owner or otherwise, who shall overdrive, overload, overwork, or insufficiently feed such animal, or cause or procure the same to be done by others, shall be guilty of a misdemeanor and punished as provided for in Section 5-44 of this article. SECTION 5-13. Interfering with animal control officer; damag- ing holding or impounding facility; releasing animals prohibited. Any person who shall in any manner interfere with, hinder, resist, obstruct, or molest the animal control officer in the performance of his duty, or without authority of a court having jurisdiction to try violations of this article or without authority under this article seek to release or remove any animal from the custody of the animal control officer, or tear down, burn, deface, destroy, or otherwise in- jure any holding or impounding facility or enclosure thereof shall be guilty of a misdemeanor and punished as provided for in Section 5-44 of this article. SECTION 5-14. Concealment of animals prohibited. Any person who shall hold, hide, or conceal any animal to which he does not have legal title shall be guilty of a misdemeanor and punished as provided for in Section 5-45 of this article, provided, however, that no person shall be in violation of this section if he shall have reported his possession of such animal to the animal control officer within forty- eight (48) hours after acquiring possession of such animal. SECTION 5-15. Complaints for violation of Section 5-7. Upon receipt of an "Affidavit of Complaint," for violation of Section 5-7 signed by two (2) or more residents of Edgewater, each complainant residing in separate dwellings in the vicinity in which the violation in issue occurred, made under oath before an individual authorized by - 5 - ,law to take acknowledgments, setting forth the nature of and the date of the act, the owner of the animal, the address of the owner and a description of the animal doing such act, the animal control officer shall investigate the complaint to determine whether the act complained of violates this article. SECTION 5-16. Impoundment. The animal control officer shall impound: (1) Any animal found to be cruelly treated as defined in Section 5-12; or any animal suspected or believed to be in- fected with rabies or any infectious disease. Each animal so apprehended which is suspected to have or exhibits symptoms of having rabies or an infectious or contagious disease shall be segregated from other animals so as to prevent said animal from coming in contact with any animal. (2) Any dog not licensed as provided for in this article. SECTION 5-17. Right to enter upon private property. For purposes of discharging the duties imposed by this article, including investigation of possible violations and for enforcing its provisions, the animal control officer or the county health officer, is empowered to enter without authority of any court of competent jurisdiction upon any private property, not including any dwelling house or structure or fenced enclosure, and, but not by way of limitation, to demand that the animal or, if applicable, the license tag of such animal be exhibited to said officer, provided the animal control officer shall be empowered to enter into any such fenced enclosure to impound any animal known or suspected of biting or scratching any person or any animal •.infected with or showing suspicious symptoms of rabies. SECTION 5-18. Redemption of impounded animals. (a) If any animal is impounded and such animal is not redeemed within seven (7) consecutive days after impoundment of such animal, in- cluding the day of impoundment, the impounding officer, without notice to the owner of such animal, if any, may dispose of the animal as pro- vided for in Section 5-19, provided, however, if the owner of the animal is known to the impounding officer or can be identified by the impounding officer by reason of some marking or collar attachment on the animal, the impounding officer shall notify the owner of the fact that his animal has been impounded and that he may redeem his animal within seven (7) days of notification. The final day of the seven (7) day period shall only occur on a day in which the pound in which the animal is impounded is open for normal operating activities. The im- pounding officer shall give notification by first class United States mail within twenty-four (24) hours after impoundment. The depositing of a letter of notification in the United States mail shall constitute notification. This section shall not apply to animals impounded pursu- ant to Section 5-21 and Section 5-25 of this article. (b) The owner or owner's agent shall be entitled to resume possession of any impounded animal upon compliance, if applicable, of the licensing provisions in this article and the payment of impound- ment fees set forth herein. Proof of ownership must be given prior to being entitled to resume possession. Proof of ownership may include a license receipt, affidavits of neighbors, photographs, or other re- liable documentary evidence. SECTION 5-19. Disposition of impounded animals. Any animal impounded under the provisions of this article and not re- deemed as provided for in Section 5-18 shall become the property of the New Smyrna Beach -Edgewater Humane Society. The New Smyrna Beach -Edgewater Humane Society shall humanely destroy such animal or place it in the custody of some person, by gift or sale, deemed to be a responsible and suitable owner, who will agree to comply with all the provisions of this article. No unclaimed dog or cat shall be released for adoption without being sterilized, or without a written agreement from the adoptor guaranteeing that such animal will be sterilized. Proof of steriliza- tion of the adopted animal shall be submitted to the animal control officer not later than thirty (30) days after the animal has been adopted. SECTION 5-20. Impounding fees. The New Smyrna Beach -Edgewater Humane Society shall be entitled to and shall charge and collect such fees as said Society shall deem proper for the apprehension, impoundment, upkeep and maintenance of any im- pounded animal, which schedule of fees shall first be approved by the animal control officer. - 7 - SECTION 5-21. Vicious animals. The owner of any vicious animal which is not confined in a building or secure enclosure or any person who shall release, either wilfully or through a failure to exercise due care or control, or take such animal out of such building or secure enclosure in such manner which is likely to cause injury to another person or damage to the property of another person shall be guilty of a misdemeanor and punished as provided for in Section 5-44 of this article. Any vicious animal not confined as herein provided shall be impounded and shall be redeemed as provided for in Section 5-20 of this article. If such vicious animal is not redeemed within seven (7) consecutive days or if such vicious animal is impounded a second time for not being confined as herein provided, the New Smyrna Beach -Edgewater Humane Society shall be deemed to be the owner of and have legal title to such animal and the impounding officer shall have title to such animal transferred to any public or private zoo or to any public law enforcement agency within the State of Florida, or shall destroy such animal. SECTION 5-22. Female dogs in heat. The owner of any female dog in heat which is not kept confined in a building or secure enclosure, veterinary hospital, or boarding kennel in such a manner that such female dog cannot come in contact with another dog, except for intentional breeding purposes, shall be guilty of a misdemeanor and punished as provided for in Section 5-45 of this article. Any female dog not confined as herein provided shall be im- pounded and shall not be redeemed during said period of heat. Such female dog shall be redeemed in accordance with the provisions of Section 5-16(b) of this article. SECTION 5-23. Animals infected with rabies. It shall be the duty of the owner of and any person knowing of any animal infected with or showing suspicious symptoms of rabies or any unusual behavior to report the same within twelve (12) hours to the county health officer. SECTION 5-24. Report of person or animal bitten or scratched by suspected infected animals. It shall be the duty of any person bitten or scratched or having know- ledge of or treating any person bitten or scratched by any animal to - 8 - J report the fact of such bite or scratch within twelve (12) hours to the county health officer. It shall be the duty of any person knowing of or treating any animal bitten by another animal having or suspected of having rabies to report the facts thereof within twelve (12) hours to the county health officer. SECTION 5-25. Duties of county health officer in suspected rabies cases. Whenever the county health officer shall be informed that any animal has bitten or scratched any person or is suspected of having or showing suspicious symptoms of rabies or any other infectious or contagious disease or any unusual behavior, it shall be the duty of said county health officer to require that: (a) The animal control officer shall capture such animal. In the capture of such animal, the impounding officer shall not kill such animal unless in its capture a clear and present danger of harm or injury to the impounding officer or other persons exists. Such animal shall be placed in quarantine for observation for a period of at least ten (10) days from the date of bite or scratch. The county health officer shall cause the detachment without mutil- ation and sending to the State board of health laboratories for pathological examination the head of any wild animal or any animal tamed from a wild environment which has bitten or scratched any person, if in the opinion of the county health officer, such injury was the result of an aggressive and overt act, if, in the opinion of the county health offi- cer, such animal is suspected to have or exhibits sumptoms of having rabies, or if such is the request of the person bitten or scratched, his parent or legal guardian, or his physician and the county health officer. All other wild animals tamed from wild environments which shall bite or scratch any person shall be quarantined for observation for a period of twenty-one (21) days from the date of such bite or scratch. At the end of this period, unless herein pro- vided to the contrary, the wild animal shall be released to its owner or returned to its wild habitat, whichever is applicable. - 9 - r- J (b) The quarantine shall be maintained in the holding facility, or, at the owner's request, in a veterinary hospital of his choice. Any animal under quarantine shall not be released or moved from the place of the initial quarantine confine- ment unless permission is obtained from the county health officer. The owner, if any, shall bear the cost of the care, feeding and maintenance cost of a quarantined animal. I£ quarantine is maintained at the New Smyrna Beach -Edge- water Humane Society shelter, the care, feeding and main- tenance fee shall be as set by the animal control officer. (c) If rabies is diagnosed or suspected or if the animal in quarantine dies within the quarantine period, it shall be the duty of the county health officer to cause the detach- ment without mutilation, the head of the animal and forward it to one of the state board of health laboratories for pathological examination. (d) If the report of the pathological examination indicates a positive diagnosis of rabies, the county health officer shall invoke an area wide quarantine for a minimum period of sixty (60) days. During such quarantine the owner of any animal shall confine his animal to his property and shall not permit the animal, under any circumstances, off his property or premises. (e) The owner of any dog vaccinated with an approved anti- rabies vaccine within the past twelve (12) months, ex- cept such dog exempted from the vaccination in Section 5- 35, after receiving approval of the county health officer, may have such dog quarantined and confined in a place other than the places specified in Section 5-25(b), and at any time during the quarantine it is determined by the county health officer that the quarantine is not properly maintained in order to insure isolation of the animal, the privilege of this exemption shall become inapplicable. In the event this exemption shall become inapplicable, the animal control officer, at the owner's expense, shall im- pound the animal in the New Smyrna Beach -Edgewater Humane Society shelter. - 10 - SECTION 5-26. Surrender of animal for quarantine or destruc- tion. Any person who shall fail to surrender any animal for quarantine or destruction as required herein, when demand is made therefor by the county health officer or the impounding officer at the direction of the county health officer, shall be guilty of a misdemeanor and punished as provided for in Section 5-44 of this article. SECTION 5-27. Killing or removal from city of rabid animal. Any person, except as provided in Section 5-25(a) who shall kill, or cause to be killed, or remove from Edgewater, Florida without consent of the county health officer, any rabid animal, any animal suspected of having or showing suspicious symptoms of rabies or any other in- fectious or contagious disease or unusual behavior, or any animal biting a human, shall be guilty of a misdemeanor and punished as pro- vided for in Section 5-44 of this article. SECTION 5-28. Surrender of carcass of rabid animal. Any person who, upon demand, shall not surrender to the county health officer the carcass of any dead animal exposed to or suspected of hav- ing been exposed to rabies shall be guilty of a misdemeanor and punished as provided for in Section 5-44 of this article. SECTION 5-29. License certificate required. Every person who owns, keeps or harbors within the City of Edgewater any dog over the age of four (4) months shall obtain an Edgewater animal license for such dog, except that no license shall be issued unless such dog shall have been innoculated against rabies as herein provided. Such license shall be valid for one (1) year after the date of vaccin- ation. The license certificates shall have printed thereon a number which corresponds to a license identification number required in Section 5-30 and the date of vaccination and type of vaccine administered, the person who administered the vaccine, the name, address and telephone number of the owner, the breed, age, sex, color, and markings of the animal and other pertinent facts for proper identification of the animal. SECTION 5-30. License tag. Each dog licensed as provided for in Section 5-29 shall be issued a metallic license tag or shall be marked or tagged by a method approved by the animal control officer. Such tag or mark shall have a license identification number which corresponds to the number on the license certificate. The color of the metallic license tag shall be changed each calendar year. No other license identification tags or marks shall be valid for another animal. SECTION 5-31. Issuance of license certificate and tag. The Edgewater license certificate and license tag or mark shall be issued by: (a) The animal control officer, or (b) Any veterinarian who is herein authorized to administer anti -rabies innoculations and who agrees to collect the fee for the license certificates and license tag. Such certificates shall be executed in triplicate. A copy of the license certificate shall be given to the owner of the animal, to the animal control officer and to the person administering the innoculation. The copy retained by the veterinarian shall be deemed to be the certificate of vaccination required in Section 5-37(b), of this article. SECTION 5-32. License tag to be attached to collar or harness of animal. The metallic license tag shall be attached to the collar or harness of the dog and shall be worn at all times. SECTION 5-33. Cost of license. The cost of each Edgewater animal license shall be two dollars ($2.00). SECTION 5-34. Issuance of duplicate tag. In the event of loss or destruction of the metallic license tag issued pursuant to Section 5-30, the owner shall obtain a duplicate tag. The duplicate tag shall be issued at a cost of one dollar ($1.00). SECTION 5-35. Exceptions to licensing requirements. (a) The licensing requirements of this article shall not apply to dogs trained to assist or aid disabled or handicapped persons; pro- vided, however, such dogs are actually being used for the purpose of assisting or aiding such persons. (b) The licensing requirements of this article shall not apply to animals whose owners are not residents of Edgewater, Florida. (c) The licensing requirements of this article shall not apply =`4= r to the owners and operators of a kennel which is licensed as provided for in this Ordinance. SECTION 5-36. Vaccination of dogs. Each year every person who shall own, keep or harbor any dog over the age of four (4) months within the City of Edgewater shall have such dog vaccinated against rabies with a vaccine approved of by the county health officer. The county health officer shall only designate anti- rabies vaccine produced or manufactured by authorities licensed by the United States Department of Agriculture. SECTION 5-37. Administration of rabies vaccination. (a) All veterinarians actively engaged in the practice of vet- erinary medicine who are duly registered and licensed as such by the State of Florida, are hereby authorized to vaccinate dogs and cats against rabies. (b) Any authorized veterninarian who shall administer any anti- rabies inoculation shall execute, in duplicate, a certificate of vaccin- ation; provided, however, that any veterinarian who issues the Edgewater animal license and license tag shall not be required to execute and issue a certificate of vaccination. The certificate of vaccination shall state the date of vaccination and type of vaccine administered, the person who administered the vaccine, the name, address and telephone number of the owner, the breed, age, sex, color and markings of the animal and other pertinent facts for proper identification of the animal. One copy of the certificate shall be given to the owner and one retained by the person administering the inoculation. SECTION 5-36. Exceptions to vaccination requirements. No dog shall require vaccination if: (a) A licensed veterinarian has examined the animal and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness or medical consideration; and (b) A certificate evidencing such exception be presented to the animal control officer within five (5) days of such examination. Such exempt animal shall be vaccinated against rabies as soon as its health permits, and then shall be licensed as required in Section 5-29. SECTION 5-39. Cost of vaccination. The cost of the rabies vaccination shall be borne by the owner of the animal - 13 - J SECTION 5-40. Annual kennel license required. (a) Every person who owns or operates a kennel shall pay an annual license fee of fifteen dollars ($15.00) to be issued by the Edge- water City Clerk; provided however, that any person owning or operating such kennel may elect to license individual dogs or cats as provided in Section 5-29. violation of this section shall be a misdemeanor and punishable as provided for in Section 5-45 of this article. (b) The owners and operators of any kennel shall properly feed and care for all animals in their care. The premises of said kennel shall be periodically inspected during reasonable business hours of said establishment by the animal control officer and county health officer. The animal control officer and county health officer shall issue a notice of violation if any kennel is not kept in a clean and sanitary condition. Said premises shall be reinspected within three (3) days after the issuance of said notice of violation. Failure to correct the unclean and unsanitary condition shall be deemed a violation and punishable as provided for in Section 5-45 of this article. The animal control officer or county health officer shall close the kennel and revoke its license or file a complaint with the state attorney of the State of Florida. SECTION 5-41. Disposition of dead animals. (a) Any dead animal weighing more than one hundred (100) pounds, or any animal killed or found dead on public property, or any other dead animal, upon request of the owner, shall be disposed of by the animal control officer. (b) Any person, may on his own real property, bury or dispose of any dead animal weighing, one hundred (100) pounds or less; provided such person complies with the rules and regulations for the disposition of dead animals established by the Volusia County Health Department. (c) The animal control officer shall charge and collect from the owner, if any, for the disposition of dead animals, a fee of twenty- five dollars ($25.00); provided however, that the fee shall be fifty dollars ($50.00) if said officer is not notified of the death of the animal within forty-eight (48) hours of its death. SECTION 5-42. Animal control records required. (a) It shall be the duty of the appropriate animal control - 14 - 0 0 officer to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into his custody. (b) It shall be the duty of the county health officer to keep or cause to be kept, accurate and detailed records of all bite cases reported to him, and his investigation of same. SECTION 5-43. Animals prohibited; permits for certain animals. (1) Animals prohibited. It shall be unlawful for any person, firm or corporation to keep or permit to be kept within the city any horses, hogs, sheep, goats, cattle, chickens, or other farm animals, and any domestic animal from the wild, except as provided herein. (a) The aforementioned animals shall be allowed in any agri- culturally zoned district, provided that all regulations as set forth in that zoning district are complied with. (b) Animals as aforedescribed shall be permitted in other districts, provided they are an incidental or necessary part of a licensed business, i.e., veterinarian, pet shop, etc. (c) Horses or ponies may be allowed in any agriculturally zoned district in the City of Edgewater, provided a permit as provided for herein has been secured. (2) Permit for horses. Any person, firm or corporation may apply for a permit for the keeping of horses or ponies in accordance with the following terms. (a) One year permit. The permit, if granted, shall be for a period of one year from the date of approval by the city council of the City of Edgewater, and may be renewable on a yearly basis provided council approval is obtained and all provisions of the ordinances are complied with. (b) Procedure for securing permit. An application for a permit may be filed with the city clerk or designated representative, together with a filing fee of fifteen dollars ($15.00), which fee shall accompany the application. A ten dollar ($10.00) fee shall be required for each renewal requested. The application form must be fully completed and the applicant shall include as a part of his application a map or sketch showing the location, size and dimensions of the parcel, the relationship of the site - 15 - to surrounding property and buildings, and the location of fences as required herein. Upon receipt of the application by the clerk, the city clerk, or his designated representative, and the animal control officer shall review the same and recommend approval subject to conditions or disapproval. The city council shall approve, approve subject to conditions, or deny the request. The factors to consider in determining whether a permit shall be issued are as follows: (1) By the granting of the permit, will public safety and health and welfare by assured. (2) By the granting of the permit, will there be any detri- mental effect to surrounding property owners. (3) By the granting of the permit, will all design requirements be met. (4) By the granting of the permit, will any nuisances be created. (c) Design requirements. Prior to the issuance of the permit, the city clerk, or his designated representative, shall inspect the property to determine whether or not the applicant complies with the following design requirements: (1) Size of parcel. The minimum size of the parcel shall be at least one (1) acre for each horse or pony. (2) Fencing. The parcel on which the horses or ponies are to be kept shall be enclosed by a fence at least four (4) feet in height, capable of securing the animal. (3) Relationship to surrounding property. No horse or pony shall be permitted within fifty (50) feet of any residence, except the residence of the applicant. (d) Revoking of permit. In the event a permit has been issued and the animal control officer, or his designated representa- tive, finds that the applicant has violated one of the afore- mentioned design requirements, or a condition imposed by council, the animal control officer shall be authorized to revoke the permit. The permitee shall have the right to appeal the revo- cation of the permit to the City council within fifteen (15) days of the revocation of the permit. - 16 - G O �() Nuisances. Any horse, hog, sheep, goat, cow, chicken, or other fart animal which causes frequent or long continued noise that can be heard at a distance of five hundred (500) feet from the fence enclosing the animal, or which causes serious annoyance to neighboring residents, or shall interfere with the reasonable use and enjoyment of the property of a reasonable man, is hereby declared a nuisance and considered in violation of this chapter, and is punishable as provided for in section 5-44 of this article. In addition to the penalties provided therein, the city may apply to a court of competent jurisdiction for an injunction or other equitable relief as the court may direct. (4) Compliance with Code. Any person, firm or corporation is required to secure a permit for the keeping of horses or ponies as required herein, shall have one hundred and twenty (120) days from the adoption of this section to secure said permit. Any person, firm or corporation failing to secure a permit within one hundred and twenty (120) days, or who is refused a permit by city council, shall remove said animals within the one hundred and twenty (120) day period, or otherwise be determined in violation of this section, and in addition to the penalties as provided for in section 5-44 of the Code of Ordinances, the city may apply for equitable relief through a court of competent jurisdiction. (5) Farm animals. Any persons now maintaining any hogs, sheep, goats, cattle, chickens or other farm animals and any domestic animals in the wild, except as provided herein, shall remove said animals from the City of Edgewater, Florida, within one hundred and twenty (120) days from the date of the enactment of this Ordinance. Any person failing to do so shall be in violation of this Ordinance and shall be guilty of a misde- meanor as provided in section 5-44. SECTION 5-44. Penalties for violation of article. Any person violating or deemed in violation of any of the provisions of this article not in violation of or punished as provided for in section 5-45, shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment in the city jail for not more than thirty (30) days, or by both fine and imprisonment. Each day or fraction there- of the violation continues shall be considered as a separate offense. SECTION 5-45. Alternative penalties for violation of article. Any person violating or deemed in violation of any of the provisions of - 17 - -this article that specifically refer to this section shall be punished by a fine of not more than one hundred dollars ($100.00). Each day or fraction thereof the violation continues shall be considered as a sep- arate offense. SECTION 5-46. Severability. The provisions of this article shall be deemed to be separate and inde- pendent of all other provisions herein and if any provisions of this article are declared invalid or void for any reason, the invalidity thereof shall not affect the remaining provisions of this article. SECTION 5-47. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5-48. That the City Clerk shall advertise this Ordinance as required by law. SECTION 5-49. That this Ordinance shall take effect immediately upon its adoption by the City Council and approval as provided by law. The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at the Regular meeting of said Council held on the day of April, 1980, and approved as provided by law. The second reading of said Ordinance to be at a meeting of the City Council to be held on the 1-�_ day of 1980. Roll call vote as follows: FIRST READING: ,*aflRpW Councilman Counci ma �L� p SECOND READING: Approved this MAXI-1 day of A:D. 1 Mayor This Ordinance prepared by: JUDSON I. WOODS, JR. City Attorney Councilman 10 M - 19 -