Loading...
2002-O-21 '-' ...,., ORDINANCE NO. 2002-0-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; AMENDING CHAPTER 5 (ANIMAL CONTROL), SECTION 5-2 (DEFINITIONS), SECTION 5-6 (ANIMAL CONTROL BOARD), SECTION 5-8 (ANIMALS PROHIBITED), SECTION 5-11 (WILDLIFE HYBRIDS PROHIBITED) AND SECTION 5-14 (RUNNING AT LARGE PROHIBITED); OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City of Edgewater adopted Ordinance Number 97-0-08 in July of 1997bringing Animal Control up to the statutory requirements at that time; and 2. In May 2001, the City adopted Ordinance Number 2001-0-06 to slightly modify certain requirements of this section; and 3. The City feels it is in the best interest of the Citizens of the City of Edgewater to amend Chapter 5 (Animal Control) in an effort to update the existing animal control ordinance. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. AMEND CHAPTER 5 (ANIMAL CONTROL), SECTION 5-2 (DEFINITIONS), SECTION 5-6 (ANIMAL CONTROL BOARD), SECTION 5-8 (ANIMALS PROHIBITED), SECTION 5-11 (WILDLIFE HYBRIDS PROHIBITED) AND SECTION 5-14 (RUNNING AT LARGE PROHIBITED); OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER, FLORIDA. Chapter 5 is hereby amended to read as follows: Stl t1Gk till OI:Igh passages are deleted. Underlined passages are added. 2002-0-21 1 '-" ..",., Sec. 5-2. Definitions. As used in this chapter the following terms shall have the meaning ascribed to them herein: Abandonment: to forsake entirely or to neglect or refuse to provide for the care and support of an animal. ACB: the Animal Control Board Adult: a human being of at least eighteen (18) years of age. Adult animal: any animal at least four (4) months in age, or older. Aggressive animal: any animal that without provocation constitutes a physical threat to human beings or other animals. Animal: any living dumb creature capable of self1ocomotion and includes but is not limited to: dogs, cats, horses, birds, including poultry, rabbits, squirrels, raccoons, monkeys, ducks, geese, goats, sheep, swine and cattle. The term also includes pets and domesticated animals; those animals that are naturally tame and gentle or that by long association with man have become fairly domesticated and reduced to such a state of subjection to man's will that they no longer possess the disposition or inclination to escape; and those animals which are accustomed to living in and about the habitation of man. Fowl, fish, reptiles and bees shall be included in the definition of animals. Animal at large: any animal unattended by its owner or off the premises of the owner and not under the actual control of the owner, or any animal that is not securely confined by a secure fence, chain, leash, kennel or other means of confinement. Animal control officer: any authorized agent or employee of the City of Edgewater whose duty it is to enforce this chapter or any other law relating to the licensure of animals, control of animals or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or part include assignments that involve the seizure and impoundment of any animal. Animal exposed to rabies: any animal which 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. Animal hospital: any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of animal diseases and injuries. Shtick tluotlgh passages are deleted. Underlined passages are added. 2002-0-21 2 .-. ..."", Animal under restraint: an animal secured by a leash or lead and under the control of a person physically capable of restraining the animal and obedient to that person's commands or securely enclosed within the real property limits of the owner's premises. Animal under restraint shall also include the following: 1. While on the property of its owner that: (a) Reasonable care and precautions are taken to prevent the animal from leaving, while unattended, the real property limits of its owner; and (b) The animal is: (1) Securely and humanely confined within a house, building, fence, crate, pen or other enclosure; or (2) Humanely secured by chain, cable and trolley, rope or tether of sufficient strength to prevent escape; or (3) Leashed or otherwise controlled by a responsible person 6f and is obedient to the commands of a person present with the animal at any time it is not secured as provided for in subsection (1) or (2) above. 2. While off the property of the owner that: (a) The animal is securely confined within a vehicle; or (b) The animal is caged or tethered in the open bed of a pick-up truck as set forth in Section 5-22; or (c) The animal is securely and humanely confined within a house, building, fence, crate, pen or other enclosure; or (d) The animal is humanely secured by a chain, cable and trolley, rope or tether of sufficient strength to prevent escape; or (e) That the animal is leashed or otherwise controlled by a responsible person or is obedient to the commands of a person present with the animal at any time it is not secured. Animals of utility: animals which are customarily kept and maintained for utility rather than as pets and shall include horses, cattle, chickens and other poultry, swine, goats, sheep and bees. Barking dog: any dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period often (10) minutes or barks intermittently for one-half (1/2) hour or more. However, a dog shall not be deemed a "barking dog" for the purposes of this chapter if at the time the dog is barking or making any other noise a person is trespassing or threatening to trespass upon private property in or upon which the dog is situated or for any other legitimate cause such as the dog is being teased or provoked. Boarder: an animal placed in a kennel for temporary maintenance, care, food, lodging, etc, resulting in monetary compensation. A boarder shall not reside in a kennel for more than three (3) Stltlck tluongh passages are deleted. Underlined passages are added. 2002-0-21 3 '-" -..I weeks per visit, nor more than forty-five (45) days annually. Breeder: any person who: offers pet quality dog or cat offspring with a spay/neuter contract and follows up on the contract with a guarantee to accept return of the offspring for any reason; ensures all offspring have been vaccinated according to Florida law; and who has been issued a breeder permit by the city. Capture: the securing, restraining, immobilization or confinement of any animal at large by the use of cages, ropes, nets, tranquilizers or any other similar device not intended to permanently injure the animal. Certificate of registration: a city dangerous animal registration issued pursuant to this chapter. Citation: a written notice issued by an animal control officer to a person who the officer has probable cause to believe committed a civil infraction in violation ofthis chapter and that the county court will hear. The citation must contain: 1. The date and time of issuance. 1. The name and address of the person. 3. The date and time the civil infraction was committed. 4. The facts constituting probable cause. 5. The section violated. 6. The name and authority ofthe officer. 7. The procedure for the person to follow in order to pay the civil penalty to contest the citation or to appear in court. 8. The applicable civil penalty ifthe person elects to contest the citation. 9. The applicable civil penalty ifthe person elects not to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. 11. A conspicuous statement that ifthe person is required to appear in court, he does not have the option of paying a fine in lieu of appearing in court. Council: the city council of the City of Edgewater, Florida. County health officer: the person appointed pursuant to Chapter 154, Florida Statutes, as director of the Volusia County Health Department and his designated agents. StltKk tluough passages are deleted. Underlined passages are added. 2002-0-21 4 '-' ."", Cruelty: any act or omission whereby unjustifiable physical pain, suffering or death of animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food. Dangerous dog: any dog, that according to animal control records: 1. Has aggressively bitten, attacked, endangered or has inflicted severe injury on a human being on public or private property; 2. Has more than once severely injured or killed a domestic animal while off the owner's property; 3. Has been used primarily or in part for the purpose of dog fighting or is a dog trained for dog fighting; or 4. Has, when unprovoked, chased or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by an animal control officer. A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who at the time was unlawfully on the property or while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous ifthe dog was protecting or defending a human being within the immediate vicinity ofthe dog from an unjustified attack or assault. Guard or attack dog: a dog trained to attack on command or to protect persons or property and who will cease to attack upon command. Health certificate: a certificate signed by a veterinarian licensed by the state of origin or an authorized veterinary inspector ofthe United States Animal Disease Eradication Division that shows the age, sex, breed, description, and health record of a dog or cat and the name and address of the co-signor and ofthe co-signed. The certificate shall list vaccines administered to the dog or cat and shall state that the animal has no contagious or infectious diseases and has no intestinal or external parasites, including coccidiosis and ear mites. Heel: when a dog is directly behind or next to a person and obedient to that person's command. Holding or impoundingfacility: the Semthea3t 'lolttsia 3hclter and stIeh other facilities as may be from time to time designated as hoMing or impounding facilities by the city. the holding or impounding facility currently under contract with the city for services or one that is designated from time to time by the city. StItlck tIll ongh passages are deleted. Underlined passages are added. 2002-0-21 5 ~ ...., Impoundment: the taking into custody of an animal by an animal control officer. Kennel: any place of business where dogs or cats regardless of number are kept for sale, breeding, boarding or treatment purposes, except an animal hospital, grooming facility or pet shop. The term "kennel" shall include any premises used for residential purposes where four (4) or more dogs or cats four (4) months or older are kept, harbored or maintained for monetary compensation. Licensed veterinarian: any person who is licensed to engage in the practice of veterinary medicine in the State of Florida. Muzzle: a device designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal. Neglect: failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual and accepted for an animal's health and well being. Neutered or spayed: rendered permanently incapable of reproduction by surgical alteration, implantation of a device, or other physical means, or permanently incapable of reproduction because of physiological sterility as certified in writing by a licensed veterinarian. Owner: any person, firm, corporation, or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of eighteen (18) years of age, that person's parent or guardian. Pet-Sitter (for profit): a person who provides care of an animal by visiting the animal owner's home for monetary compensation. Pet-Sitter (non-profit): An animal temporarily placed in a family member or friends's residence for temporary care without exceeding the maximum number of animals allowed per residence. The temporary placement shall not exceed a period of two (2) weeks per visit, nor more than thirty (30) days annually. At no time shall a non-profit pet-sitter receive compensation for this servIce. Person: any natural person or persons, firm, association or corporation. Potentially dangerous animal: an animal with a known propensity or disposition to attack unprovoked or otherwise to threaten the safety of humans and domestic animals. Proper enclosure for a dangerous dog: while on the owner's property a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent StItlck thlOt.gh passages are deleted. Underlined passages are added. 2002-0-21 6 '-' ...." the entry of young children and designed to prevent the dog from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under or through the structure and shall also provide protection from the elements. Public nuisance animal: any animal that unreasonably annoys persons, endangers the life or health of persons or other animals, or substantially interferes with the right of persons to enjoYment of life or property. The term shall include, but is not limited to: 1. An animal that damages the property of anyone other than its owner or causes the loss of property; 2. An animal that has bitten a person without provocation; 3. An animal that bites, attacks or wounds another animal without provocation; 4. An animal that habitually and excessively howls, barks, growls or makes other noises so as to unduly disturb or disrupt the public peace, order and tranquility; 5. An animal that chases motor vehicles in a public right-of-way; 6. An animal that is not under restraint as defined in Section 5-2; 7. A dangerous animal; 8. Any animal that damages, urinates or defecates on public or private property as prohibited by Section 5-12; 9. Any animal that is repeatedly found running at large; 10. Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; 11. Any animal in heat that is not confined so as to prevent attraction or contact with other animals as set forth in Section 5-20; 12. Any animal, whether or not on the property of its owner, that without provocation molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way; and 13. Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored. Sanitary: a condition of good order and cleanliness to minimize the possibility of disease transmission. Severe injury: any physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery. She/her: the feminine gender shall include the masculine gender and the masculine gender shall include the feminine gender unless the context requires otherwise. StItlck tIll Otlgh passages are deleted. Underlined passages are added. 2002-0-21 7 , . ...,. ..""" Shelter: a secure weather resistant structure which protects an animal from exposure to the elements and which is a minimum of six (6) inches higher than the animal's height at full stand with head erect, one and one-half the animal's full body length, and with sufficient width to permit the animal to turn around. Stray: any unlicenced and unattended animal offthe premises of its owner. Unprovoked: when a victim has been conducting himself peacefully and lawfully and has been bitten or chased in a menacing fashion or attacked by an animal. Vaccinated: an animal that has been administered a current rabies vaccine. Wholesome exercise: uninhibited movement for a period of time sufficient for the physical well-being of an animal, considering the size, age, and breed ofthat animal. Wildlife hybrid: any offspring of any wildlife or hybrid bred with a dog or cat or an animal which is represented as a hybrid by its owner. Sec. 5-6. Working day: any calendar day excluding Saturdays, Sundays and city holidays. Animal Control Board. (a) Creation, Powers and Duties. The Animal Control Board (hereafter ACB) is hereby created and shall exercise the following powers and duties under this chapter: 1. Hear appeals of the initial determination of an animal control officer classifying a dog as dangerous pursuant to Section 767.12, Florida Statutes. 2. Hear appeals regarding the confiscation of a dog for destruction pursuant to Section 767.13, Florida Statutes. 3. To subpoena witnesses to its hearings. The subpoenas shall be served by the Edgewater Police Department. 4. To take testimony under oath. 5. To issue orders having the force of law to command whatever steps are necessary to address the appeal. Such orders may require: a. Obedience training for the animal in question. b. Muzzling of an animal while off the property of the owner. c. Confinement of an animal indoors. d. Confinement of an animal in a secure enclosure. e. Reduction of the number of animals kept in anyone location. f. The sterilization of an animal. 1. Any other measure or sanction designed to protect the health and Shtick tll1Ot1~h passages are deleted. Underlined passages are added. 2002-0-21 8 'w' ....,. safety of the public. 6. Make recommendations to the City Council on animal control matters. 7. To adopt rules of procedure not inconsistent with the provisions of this chapter and approved as to form and correctness by the City Attorney. (b) Membership: Appointment, Removal, Terms, Vacancies and Qualifications. 9. (c) Officers. 1. 1. The ACB shall be composed of five (5) members. Whenever possible, the membership shall include a licensed veterinarian, a SouthcMt V olm;ia I1um.:tl1c Society ICplC5Clrtati ve member from the holding or impounding facilitv currently under contract with the city, a dog owner, and a cat owner. No City employee shall be a member of the ACB. Each member of the ACB shall be a resident of the city unless no qualified resident candidate applies. ACB members shall serve on no other city board or committee. Members of the ACB shall be appointed for a term of three (3) years without compensation but may receive travel and other necessary expenses while on official business of the ACB. Due to the need to stagger terms to guarantee continuity on the ACB, the initial appointments shall be as follows: two (2) members shall be appointed for three (3) years, two (2) members shall be appointed for two (2) years, and one (1) member shall be appointed for one (1) year. If a member of the ACB is absent for three (3) consecutive regular meetings during any calendar year, said member shall forfeit the office. The City Council shall fill the office for the remainder of the unexpired term. A member of the ACB may be removed for cause by the City Council at any time, provided however, that before such removal the member shall be provided with written charges and given an opportunity to appear in his defense at a public meeting. No member of the ACB shall vote upon any matter which would inure to his special private gain or loss; which he knows would inure to the special private gain or loss of any principal by whom he is retained; or which he knows would inure to the special private gain or loss of a relative or business associate. No member of the ACB shall appear for or represent any person in any matter before the ACB other than himself. No past member of the ACB shall appear before the ACB except when representing himself for a period of twelve (12) calendar months after his service has ended. 2. 3. 4. 5. 6. 7. 8. The ACB shall elect a Chairman and Vice Chairman from among its members at the first regular meeting in January each year to serve a term of one(l) year. The officers shall be eligible for re-election. Shock tluough passages are deleted. Underlined passages are added. 2002-0-21 9 ..... ..."" 2. The Chairman shall preside at all meetings and hearings of the ACB and appoint any committees that are deemed necessary. 3. In the absence o'f the Chairman, the Vice Chairman shall preside at all meetings and hearings of the ACB. 4. The members of the ACB may select an additional person who shall preside over meetings in the absence of the Chairman and Vice Chairman. 5. The Secretary, provided by the City, shall keep minutes of the proceedings ofthe ACB. (d) Meetings, Hearings and Procedures. 1. Regularly scheduled meetings of the ACB shall be held quarterly. 2. Special meetings or hearings of the ACB may be called by the Chairman, Vice Chairman or animal control officer. ( e) Quorum 1. No business shall be transacted by the ACB without a quorum. A quorum shall consist of three (3) members. The affirmative vote of three (3) members is required for any formal action of the ACB relating to appeals. All other recommendations and actions of the ACB shall require the affirmative vote of a majority of the members present. Professional Support. The Animal Control Supervisor and City Attorney shall provide the necessary professional support to the ACB. 2. (t) Sec. 5-8. Animals prohibited. It shall be unlawful for any owner to keep or permit to be kept within the city any horses, hogs, Vietnamese Pot-bellied pigs, sheep, goats, cattle, chickens, or other farm animals, and any domestic animal from the wild unless authorized by the Edgewater Zoning Ordinance. A residential premises shall not exceed a maximum number of five (5) dogs or cats, or a combination thereo[ and must provide proof from a licensed veterinarian that each dog or cat has been spayed or neutered. Any premises that harbors more than one (1 ) unaltered dog or cat must obtain a breeders permit. Sec. 5-11. Wildlife Hybrids Prohibited. (a) Effective August 1, 1997, it shall be unlawful to own, harbor, keep, transport, sell or breed any wildlife hybrid of the family canis or felis or breed any wildlife with a dog or cat unless the owner or breeder is in possession of a permit issued by the State of Florida Game and Fresh Water Fish Commission authorizing such activity. This prohibition shall not apply to such animals who are within the corporate limits of the city prior to August 1, 1997. However, the keeping or maintenance of any such animals shall be subject to such regulations as the City Council may enact. Stl tick till otIgh passages are deleted. Underlined passages are added. 2002-0-21 10 ...., ...., (b) All wildlife hybrids not exempted from the provisions of this section shall be deemed contraband effective August 1, 1997, and shall be delivered to a person possessing an appropriate state permit, an animal control officer or the Southcast V olusia Humanc Society holding or impounding facility currently under contract with the city for services or one that is designated from time to time by the city. Sec. 5-14. Running at large prohibited. (a) Prohibition of animals at large. 1. No owner shall permit, either willfully or through failure to exercise due care and control, any animal to run at large off the premises of the owner. 2. Upon finding an animal at large, an animal control officer may issue a warning or in hislher discretion, a citation for such violation or, alternatively, if the owner cannot be identified and located with reasonable effort, such animal may be seized and impounded. (b) Seizure of at large animals; harboring andjinder-ownership. 1. When an animal is at large on private property, the animal may be seized by the property owner or tenant in a humane manner. The animal shall be delivered to an animal control officer, the Southcast V olusia IIuma1.1c Society designated holding or impounding facility or a similar organization within two (2) business days unless the person seizing the animal wishes to keep the animal as his own. If the person seizing the animal wishes to keep the animal, he shall notify the animal control officer who shall attempt to determine ownership of the animal. If no owner is found within thirty (30) days, the finder shall be conclusively presumed to be the owner of such animal. 2. Any person seizing an animal and then delivering the animal to an animal control officer, the Southcast V olusia Humanc Society designated holding or impounding facility or similar organization shall do so at his own risk. Upon delivery the finder shall sign a delivery document stating the date, time and location where the animal was found and a description of the animal. 3. If the ownership of a found animal is in dispute, the person claiming previous ownership of the found animal must provide the finder with proof of ownership in order to successfully reclaim the animal. Such proof may include documentation of prior veterinary records of such animal and/or identifying photographs. :3-:- ,4. Any person who seizes an animal pursuant to this section shall exercise utmost care to treat the animal humanely and to avoid inflicting any cruelty, injury, sickness, hunger or other ailment or affliction upon the animal during either the seizure or delivery of the animal. Any person unable to comply with this section shall not seize an animal. Stltlck tluOtlgh passages are deleted. Underlined passages are added. 2002-0-21 11 Sec. 5-36. (b) (c) '-" ...... Breeding and kennels. (a) Residential areas. 3. No person shall establish or maintain any breeding on their residential premises without first obtaining an annual breeder permit and license tag for each adult animal intended for breeding purposes. The license fee shall be established by resolution of the City Council. 4. Any animal intended for breeding must be a household pet and reside primarily inside the residence. 5. At no time will the total number of adult animals exceed three (3) per licensed breeder residence. 6. The offspring of the animals bred may be sold by the owner. Such sales shall not be considered commercial breeding for the purpose of this chapter provided that such sale is not the primary occupation ofthe breeder. 7. There shall be only one (1) species of dog or cat bred at any licensed breeder residence. There shall be no more than one (1) litter produced per year per animal with a maximum of two (2) litters per breeder residence per year. 8. For protection and identification, all breeding animals will be identifiable by either a tattoo or implant device. An implant scanner must be on the premises if an implant device is used. Kennels 1. Kennels shall be located in compliance with the Edgewater Zoning Ordinance and the owner shall be required to obtain an annual occupational license. 2. Kennel owners must live on the premises. 3. No person shall establish or maintain any breeding in a kennel without first obtaining an annual breeder permit and license tag for each adult animal intended for breeding purposes. 4. For protection and identification, all breeding animals will be identifiable by either a tattoo or implant device. An implant scanner must be on the premises if an implant device is used. Breeder responsibilities. It shall be a violation of this chapter for breeders to fail to: 1. Maintain accurate records of all animals produced by breeding and a record of their final disposition. 2. Display an appropriate breeder license tag number in all advertising. 3. Supplying the new owner with the breeder license tag number, information on the importance of spaying and neutering, and the requirements of this chapter. 4. Immunize all dogs or cats offered for sale, trade, other consideration or given away as required by Section 828.29, Florida Statutes. Shtick thl6t1gh passages are deleted. Underlined passages are added. 2002-0-21 12 '-" ..."" 5. Offer a spay/neuter contract and follow up on the contract. 6. Guarantee to accept return of offspring for any reason. (d) Indoor F acUities for Breeding and Kennels. 1. Facilities must be maintained with temperature, ventilation and lighting suitable for each breed of animal housed. 2. The facilities must provide adequate shelter from the elements and be kept clean, dry and maintained regularly so as to promote proper health for the animals being kept. Food must be fresh, wholesome, palatable, nutritionally adequate and offered to each animal at least once daily. Water must be fresh and available at all times. All animals shall be provided proper and necessary veterinary care. 3. Interior building surfaces of any indoor facility shall be constructed and maintained so that they are impervious to moisture and can be readily sanitized. 4. If drains are used, they shall be properly constructed and kept. 5. Cages, kennels and runs must have enough space for animals to lie down, stand, sit and stretch without touching the sides or top. Dogs shall be exercised a minimum of thirty (30) minutes twice daily. 6. Concrete floors and runs must have a resting board and cages must have bedding. Insulated bedding materials shall be provided during inclement weather extremes. 7. All facilities shall be constructed and maintained in compliance with all applicable building and technical codes. 8. Housing areas shall be illuminated during the daylight hours if sunlight does not shine into the cages. 9. All cages shall be constructed of impervious porous materials and shall have floors of either solid construction or metal grid construction. Cages having metal grid floors may be used provided the grid size is smaller than the pads of the feet of the animals confined therein. No cages shall be enclosed entirely by solid walls. Stack cages must have solid floors and if drains are used, they shall be properly constructed and kept in good repair to avoid foul orders. (e) Outdoor Facilities for Breeding and Kennels. 1. Shelter. Sufficient shade shall be provided to afford all animals protection from direct sunlight. Sufficient cover shall be provided to protect all animals from rain. Shelter shall be provided for all animals when the ambient temperature falls below fifty (50) degrees Fahrenheit. Sufficient clean bedding material or other means of protection from the elements shall be provided when the ambient temperature falls below that temperature to which the animals are acclimated. 2. Cleaning of enclosures. Excreta shall be removed from enclosures as often Stltld. tll/otlgh passages are deleted. Underlined passages are added. 2002-0-21 13 '-" I...., as necessary to prevent contamination of the animals contained therein and to reduce disease hazards and odors. When a hosing or flushing method is used for cleaning an enclosure any animal contained therein shall be removed from such enclosure during the cleaning process and adequate measures shall be taken to protect the animals in other such enclosures from being contaminated with water and other waste. A suitable method shall be provided to rapidly eliminate any excess water. 3. Sanitation of enclosures required Prior to the introduction of animals into empty enclosures previously occupied, such enclosures shall be sanitized. Enclosures for animals shall be sanitized often enough to prevent an accumulation of debris or excreta or a disease hazard; provided, however, such enclosure shall be sanitized at least once every two (2) weeks. 4. Method of sanitation. Cages, rooms and hard-surfaced pens or runs shall be sanitized by washing them with hot water and soap or detergent or by washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens or runs using gravel, sand or dirt shall be sanitized by removing the soiled gravel, sand or dirt and replacing it as necessary. 5. Pest control. An effective program for the control of insects, ectoparasites and avian and mammalian pests shall be established and maintained. (f) Inspections and enforcement. Annual inspections of breeding facilities and kennels shall be conducted. A minimum of twenty-four (24) hours advance notice shall be given to the owner by an animal control officer. However, no notice is required for the investigation of complaints. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. 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 of this ordinance. If this ordinance or any provisions 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 Sta,e/" tluongh passages are deleted. Underlined passages are added. 2002-0-21 14 .,..... .." circumstance. PART D. CODIFICA TION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, 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 B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the first reading of this ordinance held on November 18, 2002, was as follows: AYE NAY Mayor Donald A. Schmidt X Councilman James P. Brown X Councilman Myron F. Hammond X Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X Stn,ck t1uot,gh passages are deleted. Underlined passages are added. 2002-0-21 15 After Motion by Counci l Homan Rhodes and Second by Uuncilmamn Lichter the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown ABSENT Councilman Myron F. Hammond x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x PASSED AND DULY ADOPTED this 16th day of December, 2002. ATTEST: CITY COUNCIL OF THE CTTY I EDGEWATER, FLORIDA By: o I�lmr/ Donald A. Schmidt Mayor For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner Shack roaglr passages are deleted. Underlined passages are added. 2002-0-21 16 Robin L. Matu� sick�� L. Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 16th day of December 2002 under Agenda Item No. [_R