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ORDINANCE NO. 2001-0-06
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEW A TER, FLORIDA, MODIFYING CHAPTER 5
(ANIMAL CONTROL), ARTICLE I (IN GENERAL) BY
AMENDING SECTION 5-2 (DEFINITIONS) AND SECTION 5-
20.1 (ATTEMPTING TO BREED); ARTICLE II
(V ACCINA TIONS, LICENSES AND PERMITS) BY
MODIFYING SECTION 5-31 (LICENSE REQUIRED),
SECTION 5-32 (LICENSE TAG) AND SECTION 5-36
(BREEDING AND KENNELS); AND ARTICLE III
(IMPOUNDMENT) BY AMENDING SECTION 5-41
(DISPOSITION OF IMPOUNDED ANIMALS); PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, on July 7, 1997, the City Council adopted Ordinance Number 97-0-08
repealing Chapter 5 (Animals and Fowl) and adopting a new Chapter 5 (Animal Control) which
brought Animal Control regulations into compliance according to the 1997 State Statutes.
WHEREAS, upon review by the Animal Control Board, the Board has submitted the
following modifications to Chapter 5 (Animal Control) to City Council for consideration.
NOW, THEREFORE, BE IT ORDAINED by the City Council ofthe City of Edge water,
Florida as follows:
PART A.
AMEND CHAPTER 5 (ANIMAL CONTROL), ARTICLE I (IN
GENERAL) BY AMENDING SECTION 5-2 (DEFINITIONS)
OF THE CODE OF ORDINANCES, CITY OF EDGEW ATER,
FLORIDA.
Section 5-2 is amended to read as follows:
Sec. 5-2, Definitions.
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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: anv 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 selflocomotion 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 subj ection 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. An animal undcr '{oicc control shall not
bc considcred at largc if'v'oicc control is dcmonstratcd by owncr.
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.
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
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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. Voice control must
be demonstrated.
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. Voice control must be demonstrated.
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)
weeks per visit, nor more than forty-five (45) davs 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.
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2. 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 of the 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 if the person elects to contest the citation.
9. The applicable civil penalty if the 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 V olusia County Health Department and his designated agents.
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 ifthe 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
if the 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
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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 impounding facility: the Southeast V olusia Humane Society shelter and such
other facilities as may be from time to time designated as holding or impounding facilities by the
city.
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 orofitJ: a person who provides care of an animal bv visiting the animal
owner's home for monetary compensation.
Pet-Sitter (non-orofitJ: 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 oftwo (2) weeks per visit. nor more
than thirtv (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
the entry of young children and designed to prevent the dog from escaping. Such pen or structure
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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.
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 off the 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.
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Vaccinated: an animal that has been administered a current rabies vaccine.
VtJice command: thc dog is within thc owncr's elcar sight and is immediately responsi'v'e to
the commands of the owncr.
Wholesome exercise: uninhibited movement for a period oftime sufficient for the physical
well-being of an animal, considering the size, age, and breed of that 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.
Working day: any calendar day excluding Saturdays, Sundays and city holidays.
Section 5-20.1 is added as follows:
Sec. 5-20.1. Attemptine to breed.
An unsterilized male animal attempting to breed with a female in heat who is in compliance
of Section 5-20 (Female animals in heat). shall be found in violation of Section 5-14 (Running at
large prohibited) shall also be in violation of this Section.
PART B.
AMEND CHAPTER 5 (ANIMAL CONTROL), ARTICLE II
(V ACCINATIONS, LICENSES AND PERMITS) BY
MODIFYING SECTIONS 5-31 (LICENSE REQUIRED), 5-32
(LICENSE TAG) AND 5-36 (BREEDING AND KENNELS) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
Article II (Vaccinations, Licenses and Permits), Section 5-31 (License Required),
Section 5-32 (License Tag) and Section 5-36 (Breeding and Kennels) are amended
to read as follows:
Sec. 5-31.
License required.
Every person who owns a dog or cat over the age of four (4) months within the city shall
annually obtain an Edgewater animal license for such animal. Such license shall be valid for not
more than one year from the date of issuancc rabies vaccination.
(a) Application,- Application for such license shall be made by the owner within ten (10)
days after acquiring any dog or cat over four (4) months of age or within ten (10)
days after a dog or cat becomes four (4) months of age. The application shall be in
such form and shall require such information and documentation as shall from time
to time be prescribed by the Animal Control Supervisor. Any owner moving to the
city for the purpose of establishing residence or becoming a resident as a result of
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(b)
(c)
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annexation shall have until ten (10) days after moving or annexation to obtain a
license.
Proof of rabies vaccination required. All owners applying for a license must present
a current official rabies certificate issued by a licensed veterinarian.
Proof of sterilization. Any owner claiming that his dog or cat has been spayed or
neutered must present certification from a licensed veterinarian showing that such
operation has been performed.
Payment of license fee. A license fee shall be paid at the time of application. The
license fee shall be established by resolution of the City Council and shall provide
for a reduced fee for sterilized animals.
Exemption from license fee. License fees shall not be required for dogs utilized to
assist the disabled, Seeing Eye dogs, government police dogs or dogs belonging to
a nonresident of the City and kept within the boundaries of the City for not longer
than thirty (30) days. All dogs of nonresidents shall at the time of entry into the city
be property vaccinated against rabies, and while kept within the city meet all other
requirements of this chapter. Any owner claiming a license exemption has the
burden of proving to the satisfaction of the city that the dog or cat in question is
entitled to such exemption.
Administrative fee. Any licensed veterinarian that dispenses license tags on behalf
ofthe city, shall be allowed to deduct an administrative fee in the amount established
by resolution of the City Council.
Breeder TJermit. An annual permit obtained through animal control for an adult
animal intended for breeding purposes.
License tag and breeder permit tae.
License tag. Each dog and cat licenses as provided for in section 5-31 shall be issued
a metallic license tag. Breeding animals shall be issucd a brcedcr liecnsc tag. Such
tag shall have a license identification number which corresponds to the number on
the license certificate. The color of the metallic license tag shall be changcd cach
calendar ycar different than that ofthe breeder permit tag. License tags shall be valid
for one year from the date of rabies vaccination and for only one animal.
Breeder permit tag. Breeding animals shall register and be issued a separate breeder
permit tag upon completion and approval of the breeder permit application process
through animal control. Each breeder permit tag shall have a license identification
number which corresponds to the number on the breeder permit. The color of the
metallic breeder permit tag shall be different than that of the license tag. Breeder
permit tags shall be valid for one year from the date of issuance and for only one
animal.
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Sec. 5-36.
(a)
(b)
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Breeding and kennels.
(c)
Residential areas.
1. No person shall establish or maintain any breeding on their residential
premises without first obtaining an annual breeder permit ffig and license tag
for each adult animal intended for breeding purposes. No resident may obtain
more than two (2) breeder permits per year. The license fee and breeder
permit fee shall be established by resolution of the City Council.
2. Any animal intended for breeding must be a household pet and reside
primarily inside the residence.
3. At no time will the total number of adult animals exceed three (3) per
licensed breeder residence.
4. 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 of the breeder.
5. 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.
6. 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 ffig 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.
.i. A boarder shall not reside in a kennel for more than three (3) weeks per visit,
nor more than forty-five (45) days annually.
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 permit liccnsc tag number in all advertising.
3. Supplying the new owner with the breeder permit liccl1sC tag number,
information on the importance of spaying and neutering, and the requirements
of this chapter.
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4. Immunize all dogs or cats offered for sale, trade, other consideration or given
away as required by Section 828.29, Florida Statutes.
5. Offer a spay/neuter contract and follow up on the contract.
6. Guarantee to accept return of offspring for any reason.
(d) Indoor Facilities for Breeding and Kennels.
I. 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 odors.
(e) Outdoor Facilitiesfor Breeding and Kennels.
I. 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.
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2. Cleaning of enclosures. Excreta shall be removed from enclosures as often
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 C.
AMEND CHAPTER 5 (ANIMAL CONTROL), ARTICLE III
(IMPOUNDMENT) BY AMENDING SECTION 5-41
(DISPOSITION OF IMPOUNDED ANIMALS) OF THE CODE
OF ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Section 5-41 is amended to read as follows:
Sec. 5-41. Disposition of impounded animals.
(a) When an animal bears an indicia of ownership or whenever the owner of an
impounded animal can be determined, the animal control officer shall notify the
owner of the animal's impoundment by the most expedient means, i.e., telephone
message, posted written notice, or certified mail, return receipt requested.
(b) If an animal is not claimed within five (5) three (3) days after impoundment, the
animal shall be deemed unowned or abandoned and shall be disposed of pursuant to
the requirements of this chapter and the rules and regulations of the impounding
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facility.
(c) The final day of the impoundment period shall only occur on a day in which the
impounding facility is open for normal operating activities. Upon proof of
ownership, payment of any impoundment fees, and the procurement of any required
vaccinations and tags, the owner of an impounded animal is entitled to resume
possession. However, in the event that an animal has been impounded due to cruelty,
mistreatment or public nuisance, the owner shall only be entitled to redemption of
the animal after the animal control officer authorizes such redemption. Proof of
ownership may include a license receipt, affidavits of neighbors, photographs or
other reliable documentary evidence.
(d) Upon a determination of cruelty, abuse, neglect or abandonment, the animal control
officer may impound an animal for a period in excess of five (5) thrce (3) days. In
that case, the impounding facility shall not dispose of the animal until so directed by
the animal control officer.
(e) Any unclaimed animal shall become the property ofthe impounding facility and may
be humanely destroyed, maintained or disposed of by gift, sale or adoption pursuant
to the requirements of this chapter and the rules and regulations of the impounding
facility.
(0 No animal shall bc released from the impounding facility without being sterilized or
without a written guarantee from the neVi owner that the animal will be sterilized
unless the animal has a valid breedcr license tag. Proof of sterilization shall be
submitted to an animal control officer.
PART D.
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 E.
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
circumstance.
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PART F.
CODIFICATION.
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 D through I shall not be codified.
PART G.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTH.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on first
reading of this ordinance held on May 7, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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AfterMotionbyJ-46& andSecondby -0 . ,the vote on the second reading
of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. V incenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this ,P 1 day of May, 2001.
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 & Lindner
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CITY COUNCIL OF THE
CITY OF EDGEWATE�R, FLORIDA
By: 2q(� ,,4*
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of M, 9 , 2001 under
Agenda Item Noe _4_A_.
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