2011-O-11 ir. Nu
ORDINANCE NO. 2011-0-11
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE I (IN GENERAL) AND
ARTICLE II (VACCINATIONS, LICENSES AND
PERMITS) OF CHAPTER 5 (ANIMAL SERVICES);
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; AND
PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On June 15, 2009, Council approved Ordinance #2009 -0 -02 which amended
Chapter 5 (Animal Services) in its entirety.
2. Amendment of Article I (In General) and Article II (Vaccinations, Licenses and
Permits) will include modifications relating to Section 5 -37 (Mandatory Spay and Neuter) and
correction of certain scriveners errors.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND ARTICLE I (IN GENERAL) AND ARTICLE II
(VACCINATIONS, LICENSES AND PERMITS) OF
CHAPTER 5 (ANIMAL SERVICES) OF THE CODE OF
ORDINANCES IN ITS ENTIRETY FOR THE CITY OF
EDGEWATER, FLORIDA.
Chapter 5 (Animal Services), Article I (In General) and Article II (Vaccinations,
Licenses and Permits) is hereby amended to read as follows:
ARTICLE I. IN GENERAL
Sec. 5 -1. Short title.
This chapter shall be referred to as the "Animal Services Ordinance of the City of
Edgewater, Florida ".
Sec. 5-2. Definitions.
As used in this chapter the following terms shall have the meaning ascribed to them
herein:
1
Strike-thfeugh passages are deleted.
Underlined passages are added.
#2011 -0 -11
'toe Nue
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 18 years of age.
Adult animal. Any animal at least four months in age, or older.
Animal. Any living dumb creature capable of self locomotion and includes, but is not
limited to: dogs; cats; ferrets; 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 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 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 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 of its owners; 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 and controlled 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 pickup 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 and controlled all times it is not secured.
2
Srrikm�cczmough passages are deleted.
Underlined passages are added.
#2011 -0 -11
Barking dog. Any dog that barks, bays, cries, howls or makes any other noise
continuously and/or incessantly for a period of ten minutes or barks intermittently for one -half
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.
Breeder. A person other than a pet dealer who shelters, breeds or trains a single breed of
dog or cat to conform to an approved standard of competition. Any person who= offers animal .
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 of 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 of this chapter and that the
county court will hear. The citation must contain:
(1) The date and time of issuance.
(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 /or she shall be
deemed to have waived his /or her 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 if the person is required to appear in court, he /or she
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 F.S. chapter 154 as director of
the Volusia County Health Department and his /or her designated agents.
Cruelty. Any act or omission whereby unjustifiably physical pain, suffering or death of
an 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:
3
Strivirrkee- tthrough passages are deleted.
Underlined passages are added.
#2011 -0 -11
New Norr
(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 that dutifully investigated by an animal control officer.
Feral cat. A free roaming, unowned and/or untamed domestic cat. Feral cats may be
born in the wild and never socialized, or may be escaped pets that have reverted to a wild state,
A feral cat is also considered as a species of wildlife. (See wildlife.)
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 of the 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 cosigner and of the cosigned. 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.
Holding or impounding facility. Any holding or impounding facility owned or under
contract with the City of Edgewater for services or one that is designated from time to time by
the city.
Humanely. Shall mean treated by kindness and inflicting no harm or pain. Providing
adequate food, water, shade, warmth. Providing appropriate security from environmental and
physical hazards. Providing appropriate treatment and care for sick or injured animal.
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 or
more dogs or cats four 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.
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 18
years of age, that person's parent or guardian. shelter, spate and veterinary care to maintai,, the
4
&tike- threugh passages are deleted.
Underlined passages are added.
#2011 -0 -11
Owner responsibilities. An animal owner shall adhere [to] and provide at the minimum
the following for the animal in their care:
(1) Treat an animal in a humane manner and shall provide humane care (which
includes, but is not limited to: providing adequate, food, fresh water, shelter,
space and veterinary care to maintain the animal's health and to prevent or cure
disease) for said animal;
(2) The owner must live on the premises with the animal.
(3) Any animal that is kept tethered must be attached to a stationary object, not an
object that can become mobile.
Person. Any natural person or persons, firm, association or corporation.
Pet - sitter (nonprofit). A person who, at the consent of the animal owner, provides
temporary care for the animal at his or her own residence.
Pet - sitting. A person who temporarily cares for an animal at a family member or friend's
residence for temporary care without exceeding the maximum number of animals allowed per
residence. The temporary placement shall not exceed a period of 38 thirty (30) calendar days.
At no time shall a nonprofit pet -sitter receive compensation for this service. Rescue and/or foster
families or groups that are approved by Edgewater Animal Services to provide temporary care
for homeless animals that may need medical care are not considered pet- sitters and time periods
may extend past the allowable time if approved by Edgewater Animal Services. After a period
of 3A thirty (30) calendar days, a person who is possessing, harboring, keeping or having control
or custody of an animal shall no longer be considered a pet sitter but shall be considered an
owner as defined herein.
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 to confine 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 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) Any animal that barks, bays, cries, howls or makes any other noise continuously
and/or incessantly for a period of ten minutes or barks intermittently for one -half
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.
(5) An animal that chases motor vehicles in a public right -of -way;
(6) An animal that is not under restraint as defined in this section;
(7) A dangerous animal;
5
St fo „gh passages are deleted.
Underlined �p are added.
#2011 -0 -11
Norw Nero
(8) Any animal that damages, urinate 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 bonds, 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 inches higher than the animal's height at full stand
with head erect, one and one -half [times] the animal's full body length, and with sufficient width
to permit the animal to turn around.
Spay /neuter contract. Contract between owner and purchaser guaranteeing animals ahs
have been or will be spayed/neutered.
Stray. Any unlicensed and unattended animal off the premises of its owner.
Sterilized. 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.
Unaltered/Unsterilized. Any animal that has not been spayed or neutered.
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.
Wildlife. Any indigenous or free - roaming animal (i.e., raccoon, opossum, armadillo,
squirrels, feral cats).
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 -3. Animal control officers.
(a) Animal control officers shall be the enforcement officials for this chapter and in
that regard are authorized to investigate, on public or private property, violations of this chapter,
impound animals, issue warnings and citations, and take other lawful actions as provided herein
to enforce the provisions of this chapter. During an investigation, the animal control officer may
request the owner to exhibit the animal, and, if applicable, the license of such animal.
(b) Animal control officers are not authorized to enter into any dwelling unit,
structure or fenced enclosure for purposes of investigation, but may enter into a fenced enclosure
6
strike-through passages are deleted.
Underlined passages are added.
#2011 -0 -11
to impound any animal known or suspected of biting or scratching any person or any animal
infected with or showing symptoms of rabies.
(c) Animal control officers are not authorized to bear arms or make arrests.
However, animal control officers may carry a device to chemically subdue and tranquilize an
animal, provided that the animal control officer has successfully completed a minimum of 16
hours of training in marksmanship, equipment handling, safety and animal care and can
demonstrate proficiency in chemical immobilization of animals in accordance with guidelines
prescribed in the Chemical Immobilization Operational Guide of the American Humane
Association.
Sec. 5 -4. Interfering with animal control officers.
It shall be a violation of this chapter for any person to interfere with, hinder, resist, or
obstruct an animal control officer in the performance of his or her duties or to release or remove
any animal from the custody of an animal control officer
Sec. 5 -5. Animal control documents.
The following documents shall be maintained by the animal control division:
(1) Accurate and detailed reports and records of the licensing, impoundment and
disposition of all animal coming into the custody of an animal control officer;
(2) Accurate and detailed records of all reported bite cases and investigations for a
minimum of three years; and
(3) Accurate records of all license certificates.
(4) A log containing the date, time, location and description of animal carcasses
discovered on public property in accordance with section 5 -21 herein.
Sec. 5 -6. 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 of an animal control officer
classifying a dog as dangerous pursuant to F.S. §767.12.
(2) Hear appeals regarding the confiscation of a dog to be destroyed pursuant to F.S.
§767.13.
(3) To hear appeals relating to the issuance of a notice of revocation regarding an
unaltered animal permit pursuant to section 5 -37 of this chapter.
(4) To subpoena witnesses to its hearings. The subpoenas shall be served by the
Edgewater Police Department.
(5) To take testimony under oath.
(6) 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 to 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 any one location.
f. The sterilization of an animal.
7
Stfike-threugh passages are deleted.
Underlined passages are added.
#2011 -0 -11
'`r
g. Any other measure or sanction designed to protect the health and safety of
the public.
(b) Membership: Appointment, removal, terms, vacancies and qualifications.
(1) The ACB shall be composed of five members. Whenever possible, the
membership shall include a licensed veterinarian, a member from the holding or
impounding facility currently owned or under contract with the city, a dog owner,
and a cat owner. no city employee shall be a member of the ACB.
(2) Each member of the ACB shall be a resident of the city unless no qualified
resident candidate applies.
(3) ACB members shall serve on no other city board or committee.
(4) Members of the ACB shall be appointed by the city council for a term of three
years without compensation but may receive travel and other necessary expenses
while on official business of the ACB.
(5) If a member of the ACB has three consecutive unexcused absences at 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.
(6) A member of the ACB may be removed for cause by the city council at any time.
(7) No member of the ACB shall appear for or represent any person in any matter
before the ACB other than himself or herself.
(8) No past member of the ACB shall appear before the ACB except when
representing himself or herself for a period of 12 calendar months after his or her
service has ended.
(c) Members.
(1) The ACB shall elect a chairman and vice chairman from among its members at
members shall be eligible for re election.
(2) The chairman shall preside at all meetings and hearings of the ACB and appoint
any committees that are deemed necessary.
hearings of the ACB.
(4) The members of the ACB may select an additional person who shall preside over
proceedings of the ACB.
(d) Meetings, hearings and procedures.
(c) Quorum.
• :. hall be transacted by the ACB without a quorum. A quorum shall
consist of three members.
ACB relating to app als. All other recommendations and actions of the ACB
(f) Professional support. The animal control division and city attorney shall provide
8
Strike- through passages are deleted.
Underlined passages are added.
#2011 -0 -11
view vier
Sec. 5 -7. City designated as bird sanctuary.
All lands within the corporate limits of the city 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. It shall be unlawful to establish, maintain or keep a bird aviary within 100
feet of any structure used for human habitation or work. This does not apply to a bird inside an
owner's dwelling or a permitted business with the appropriate licensing to permit such activity.
Sec. 5 -8. Animals prohibited.
It shall be unlawful for an owner to keep or permit to be kept within the city any horses,
hogs, Vietnamese pot - bellied pigs, sheep, goats, bees, cattle, chickens, or other farm animals,
and any animal from the wild, unless said species are both kept on property appropriately zoned
and lawfully permitted, if necessary, by the Florida Fish and Wildlife Conservation Commission.
All venomous snakes permitted by the Florida Fish and Wildlife Conservation Commission shall
also be required to register with the city's animal control division. The prohibition contained
herein applicable to horses, hogs, Vietnamese pot - bellied pigs, sheep, goats, bees, cattle,
chickens, or other farm animals shall not apply to any property within the city that either:
(1) Maintains an agricultural property designation with the Volusia County Property
Appraiser's office as [of] June 15, 2009; or
(2) Was previously zoned for agricultural purposes and proof is made to the city that
such species resided and existed on the property prior to any zoning change and
have continuously resided and existed on the property since the zoning change.
A residential premises shall not exceed a maximum number of five dogs or cats, or a
combination thereof, and must provide proof from a licensed veterinarian that each dog or cat
has been sterilized. Any premises that harbors mo re tha one an unsterilized dog or cat over four
six (6) months of age must obtain a breeders permit, an unaltered animal permit or both (those
that are applicable under the circumstances).
Sec. 5-9. Reserved.
Sec. 5 -10. Feeding of wildlife prohibited.
It shall be unlawful for anyone to fee, entice, shelter or encourage any wildlife, including
feral cats as defined in section 5 -2, or as otherwise prohibited by state law.
Sec. 5 -11. Wildlife hybrids prohibited.
(a) 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 Florida Fish and Wildlife Conservation
Commission ( "FWC ") 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, as long as they can
provide proof of such residence and existence of that permitted animal prior to that date.
However, the keeping or maintenance of any such animals shall be subject to such regulations as
the city council may enact.
(b) All wildlife hybrids not exempted from the provisions of this section shall be
deemed contraband and shall be delivered to a person possessing an appropriate state permit, an
9
Strike-through passages are deleted.
Underlined passages are added.
#2011 -0 -11
animal control officer or the holding or impounding facility currently under contract with the city
for services or one that is designate from time to time by the city.
Sec. 5 -12. Animals defecating on public or private property prohibited.
(a) No owner of any animal shall cause or allow such animal to defecate on any
public or private property other than that of the owner unless such owner immediately removes
and disposes of all feces deposited by such animal by the following methods:
(1) Collection of the feces by appropriate implement and placement in a container;
(2) Removal of such container to the property of the owner and disposition thereafter
in a manner consistent with applicable laws.
(b) No owner shall permit any waste matter from an animal to collect and remain on
the property of the owner or on the property of others so as to cause or create an unhealthy,
unsanitary, dangerous or offensive living condition.
(c) No owner shall cause unsanitary, dangerous or offensive conditions by virtue of
the size or number of animals maintained at a single location or due to the inadequacy of the
facilities.
(d) The owner of any animal shall keep his own property free of animal excrement to
the extent that is necessary to prevent noxious or offensive odors from escaping onto adjacent
property or public rights -of -way.
Sec. 5 -13. Animals prohibited in parks and on beaches.
No animal shall enter into or on any public park or beach in the city unless such park or
beach is designated and posted by the city as an animal park. This provision shall not apply to
animals assisting disabled persons or dogs being used by law enforcement officials for law
enforcement activities.
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 his/her 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 and finder 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, or the city's designated holding or impounding facility
within two (2) business days unless the person seizing the animal wishes to keep
the animal as his/her own. If the person seizing the animal wished to keep the
animal, he /she shall notify the animal control officer who shall attempt to
determine ownership of the animal. If no owner is found within three (3) calendar
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 designated holding or impounding facility shall do so at his/her own
risk. Upon delivery the finder shall sign a delivery document stated stating the
10
Strik g : passages are deleted.
Underlined passages are added.
#2011 -0 -11
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.
(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 the animal.
Sec. 5 -15. Animals under restraint.
While on or off the property of the owner, it shall be the duty of every owner to keep the
animal under restraint and control as defined in section 5 -2.
Sec. 5 -16. Restraint of guard dogs.
(a) Every owner of a guard or attack dog shall keep such dog confined in a building,
compartment or other enclosure. Any such enclosure shall be completely surrounding by a fence
at least six feet in height and shall be topped with an anti - climbing device constructed of angle
metal braces with at least three strands of equally separated barbed wire stretched between them.
(b) All anti- climbing devices shall extend inward at an angle of not less than 45
degrees nor more than 90 degrees when measured from the perpendicular.
(c) The area of confinement shall have all gates and entrances securely closed and
locked and all fences properly maintained and escape proof.
(d) The area of confinement shall be posted at all gates and along each outside
boundary with appropriate warning signs showing "warning bad dog" along with a picture of a
"bad dog ".
(e) The provisions of this section shall not apply to dogs owned or controlled by
government law enforcement agencies.
Sec. 5 -17. Public nuisance animals prohibited.
It shall be a violation of this chapter for an owner to allow an animal to become a public
nuisance animal as defined in section 5 -2 or for an owner to keep a public nuisance animal.
Sec. 5 -18. Poisoning or trapping of animals.
(a) An animal control officer may set box or live -cage traps for animals which have
allegedly bitten a person or another animal, for public nuisance animals or for the purpose of
humane rescue in the interest of the animal itself as determined by an animal control officer.
Traps shall not be set during hours when an animal control officer is unavailable to retrieve or
release a captured animal. A trap shall be checked a minimum of once every eight hours by an
animal control officer or the person requesting the trap. Any person who requests a trap for an
animal destroying property shall:
(1) Fill out the appropriate documentation/agreement with the animal control
division;
(2) Pay a fee, if applicable as established by resolution of the city council;
11
Stri ug h ho passages are deleted.
Underlined passages are added.
#2011 -0 -11
iftwe
(3) Adhere to the policies and requirements for obtaining such trap from the animal
control division; and
(4) The person requesting the trap shall immediately notify an animal control officer
when an animal is captures.
(b) Except for the trapping of rats, mice and crabs, the trapping of animals by persons
other than an animal control officer or without a permit from the Florida Fish and Wildlife
Conservation Commission ( "FWC ") is prohibited. Animal control officers are authorized to
confiscate any trap used in violation of this section.
(c) No person shall leave or deposit any poisonous or injurious substance of any kind
on public or private property which would injure or kill an animal except as set forth below:
(1) When contracting the services of a professional, licensed exterminator for moles
only commercial mechanical devices intended for that purpose shall be used.
(2) Products, substances or poisons which are completely enclosed in a tamper -
resistant or tamper -proof bait station accessible only to rats and mice.
(d) Professional trappers or trappers for hire not retained by the city shall obtain a
business tax receipt and certificate of use (if applicable), register with an animal control officer
and adhere to all requirements contained in this section.
Sec. 5 -19. Cruelty to animals prohibited.
(a) It shall be unlawful for an owner to by act or omission inflict cruelty on an
animal.
(b) No owner shall abandon an animal.
(c) It shall be unlawful for any person to strike, beat, abuse or intentionally run down
with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain,
injury, suffering or death upon such animal. However, reasonable force may be used to drive
away vicious or trespassing animals.
Sec. 5 -20. Female animals in heat.
An owner of a female animal in heat must be in compliance of section 5 -37 (Mandatory
spay and neuter) and have complied with the requirements to hold an unaltered animal permit for
said female animal.
It shall be a violation of this chapter for the owner of any female animal in heat to fail to
keep the animal confined in a building or secure enclosure, veterinary hospital or boarding
kennel in such a manner that the female animal cannot come in contact with another animal
except for controlled and intentional breeding purposes. Any female animal not confined as
herein provided shall be impounded and shall not be redeemed during the period of heat. Such
animal shall be redeemed in accordance with the provisions of section 5 -41.
Sec. 5 -20.1. Attempting 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) and section 5 -37 (Mandatory spay and
neuter), shall be found in violation of section 5 -14 (Running at large prohibited), section 5 -37
(Mandatory spay and neuter) and shall also be in violation of this section.
12
Strike-thfeugh passages are deleted.
Underlined passages are added.
#2011 -0 -11
Now v
Sec. 5 -21. Disposition of dead animals.
(a) When any animal dies for any reason other than rabies or a suspicion of rabies,
the owner shall immediately dispose of the carcass of such animal by burying it at least three feet
below the surface of the ground. If the animal dies as a result of rabies or if rabies is suspected,
the carcass shall be surrendered to the animal control officer pursuant to section 5 -54.
(b) When an animal control officer discovers a dead animal on private property, the
animal control officer shall provide written notice to the owner, ordering the owner to dispose of
the carcass within 24 hours. If the owner fails to comply or cannot be located, the animal control
officer shall dispose of the carcass and shall bill the owner for the cost of disposal.
(c) When an animal control officer discovers a dead animal on public property, the
animal control officer shall dispose of the carcass and make a reasonable effort to identify and
notify the owner of the animal.
(d) A long shall be maintained by the animal control division listing the date, time
and location where a carcass was discovered and a description of the animal for the purpose of
providing information to owners seeking information on missing animals.
Sec. 5 -22. Animals transported in vehicles.
Any animal transported in any open vehicle shall either be within a cage, crate or pen
which is well - ventilated and secured within the body of the vehicle or restrained by a tether
affixed to the center of the vehicle and attached to the collar or harness of the animal so as to
prevent the animal from escaping or causing injury to itself or any person. The tether shall be
short enough to prevent the animal's head from reaching the sides or back of the vehicle.
Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep,
poultry, or other agricultural livestock in trailers or other vehicles designated and constructed for
such purposes.
Sec. 5 -23. Duties of driver when vehicle strikes animal.
Any operator of a motor vehicle who strikes an animal shall immediately report such
injury or death to the animal's owner. In the event the owner cannot be located, the motor
vehicle operator shall report the accident as soon as possible to an animal control officer.
Sec. 5 -24. Dogs and cats transported or offered for sale or gift.
Any dog or cat transported into the city for sale or offered in the city for sale or gift shall
be subject to the health requirements set forth in F.S. §828.29. City- operated or county- operated
animal control agencies and registered, nonprofit humane organizations shall be exempt from the
provisions of this section.
Sec. 5 -25 — 5 -29. Reserved.
ARTICLE II. VACCINATIONS, LICENSES AND PERMITS
Sec. 5 -30. Vaccination of dogs, cats and other animals.
All dogs, cats, ferrets and other animals that a veterinarian would normally vaccinate,
four months of age or older, must be vaccinated by a licensed veterinarian against rabies with a
vaccine that is licensed by the United States Department of Agriculture for use in those species.
The owner of every dog, cat, ferret and other animal shall have that animal revaccinated 12
13
Stri reugh passages are deleted.
Underlined passages are added.
#2011 -0 -11
New .01
months after the initial vaccination. Thereafter, the interval between shall conform to the
vaccine manufacturer's directions. The cost of vaccination must be borne by the animal's owner.
Evidence of circulating rabies virus neutralizing antibodies shall not be used as a substitute for
current vaccination in managing rabies exposure or determining the need for booster
vaccinations.
Sec. 5 -31. License required.
Every person who owns a dog, cat, ferret or other animal over the age of four months
within the city shall annually obtain a license for such animal from the city's animal control
division no later than January 1 of each year. .. • • - • - - . .
. • .. - . .. • - . - . . Expiration date of annual license is December 31
Any renewal notice may be placed in a newspaper of general circulation or newsletter that is
distributed to all residents.
(1) Application. Application for such license shall be made by the owner
within ten (10) calendar days after acquiring any dog, cat, ferret or other
animal over four months of age or within ten (10) calendar days after a
dog, cat, ferret or other animal 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 division. Any owner moving to the city for the purpose of
establishing residence or becoming a resident as a result of annexation
shall have until ten (10) calendar days after moving or annexation to
obtain a license.
(2) Proof of rabies vaccination required. All owners applying for a license
must present a current official rabies certificate issued by a licensed
veterinarian.
(3) Proof of Sterilization. Any owner claiming that his or her dog, cat, ferret
or other animal has been spayed or neutered must present certification
from a licensed veterinarian showing that such operation has been
performed.
(4) 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.
(5) Exemption from license fee. License fee 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 30 thirty (30) calendar days. All dogs of
nonresidents shall at the time of entry into the city be properly vaccinated
against rabies, and while kept within the city meet all other requirements
of this chapter. Any owner claiming a licensing exemption has the burden
of proving to the satisfaction of the city that the dog, cat, ferret or other
animal in question is entitled to such exemption.
(6) Administrative fee. Any licensed veterinarian that dispenses license tags
on behalf of the city, shall be allowed to deduct an administrative fee in
the amount established by resolution of the city council.
14
Wilke - through passages are deleted.
Underlined passages are added.
#2011 -0 -11
Itur lose
(7) Breeder permit. An owner must obtain an annual permit through city's
animal control division for:
a. An adult animal intended for breeding purposes.
b. Any premises that harbors more than one (1) unaltered dog or cat
over few six (6) months of age.
Sec. 5 -32. License tag and breeder permit tag.
(a) License tag. Each dog, cat, ferret or other animal licensed as provided for
in section 5 -31 shall be issued a metallic license 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 different than that of the breeder permit tag.
License tags shall be valid for one year from the date of rabics vaccination; a separate
(b) Breeder permit tag. Persons 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.
Breeder will be required to obtain the appropriate Business Tax Receipt from the
City to operate business as a breeder.
Sec. 5 -33. License tag and rabies tag to be attached to collar or harness of
animal.
The city metallic license tag and rabies tag shall be attached to the collar or
harness of the animal which shall be worn at all times that the animal is off of its
registered property.
Sec. 5 -34. Issuance of duplicate tag.
In the event of loss or destruction of the metallic license tag, the owner shall
obtain a duplicate tag. The duplicate tag shall be issued at a cost established by
resolution of the city council.
Sec. 5 -35. Exceptions to vaccination requirements.
No dog or cat shall require vaccination if:
(1) 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
(2) A certificate evidencing such exception is presented to the city.
An exempt animal shall be vaccinated against rabies as soon as its health permits.
15
c'-' *rough passages are deleted.
Underlined passages are added.
#2011 -0 -11
Sec. 5 -36. Breeding facilities and kennels.
The owner of a breeding facility must be in good standing and have registration
privileges intact with the appropriate national animal registry. The owner must have three (3)
years' documented experience in show clubs and participation in show trials.
(a) Residential areas.
(1) No person shall establish or maintain animal breeding on their
residential premises without first obtaining an annual breeder permit and
license tag for each unsterilized adult animal intended for breeding
purposes. The license 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 upon
compliance with all city, county and state requirements.
(5) There shall be only one species of dog or cat bred at any licensed
breeder residence. There shall be no more than one litter produced per
year per animal with a maximum of two 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.
(7) Any person who is a breeder shall obtain an annual business tax
receipt and certificate of use for their business.
(b) Kennels.
(1) Kennels shall be located in compliance with the Edgewater Land
Development Code and the owner shall be required to obtain an annual
business tax receipt and certificate of use for their business.
(2) Kennel owners must live on the premises.
(3) No person shall establish or maintain animal breeding in a kennel
without first obtaining an annual breeder permit and license tag for each
unsterilized 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.
(5) A boarder shall not reside in a kennel for more than three (3)
weeks per visit, nor more than forty -five (45) calendar days annually.
(c) 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.
16
Strike = ;rough passages are deleted.
Underlined passages are added.
#2011 -0 -11
(3) Supply 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.
(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.
(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 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 odors.
(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 form rain. Shelter shall be provided for all animals
when the ambient temperature falls below 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.
17
St.� ;rough passages are deleted.
Underlined passages are added.
#2011 -0 -11
'Now , 400e
(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 per week.
(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,
ectonarasites and avian and mammalian pests shall be established and
maintained.
(f) Inspections and enforcement. Annual inspections of breeding facilities
and kennels shall be conducted by the animal control officer. An animal
control officer may, without notice, inspect breeding facilities and kennels
in the investigation of a complaint against such facility.
Secs. 5 37 5 39. Reserved.
Sec. 5 -37. Mandatory spay and neuter.
(a) Purpose. The unintended or uncontrolled breeding of dogs and cats within the city leads
to many becoming unwanted strays, suffering privation, constituting a public nuisance and health
hazard and can result in death. The unintended or uncontrolled breeding results in numerous
animals being impounded and euthanized at great expense to the community. It is, therefore.,
declared that every feasible means of reducing the number of unwanted dogs, cats, puppies, and
kittens be encouraged.
(b) Spaying, neutering of dogs and cats.
fl) Requirement. No person may harbor a dog or cat six (6) months of age or older
within the city that has not been spayed or neutered unless such person holds an unaltered
animal permit for each unaltered dog or cat, unless the dog or cat is otherwise exempt
under this section.
(2) Unaltered animal permit.
a. Qualifications. An owner of an unaltered dog or cat shall qualify for an
unaltered animal permit if one of the following is satisfied:
18
Strike-through passages are deleted.
Underlined passages are added.
#2011 -0 -11
Nese woe
1. Shows and competitions. The dog or cat is used to show, to
compete or to breed, which is of a breed recognized by and registered with
the American Kennel Club (AKC), United Kennel Club (UKC), American
Dog Breeders Association (ADBA), Cat Fanciers' Association (CFA), or
other bona fide registry and meets one of the following requirements:
The dog or cat has competed in at least one (1) show or
sporting competition sanctioned by a bona fide national registry
within the last three hundred sixty -five (365) calendar days;
ii. The dog earned conformation, obedience, agility, carting,
herding, hunting, protection, rally, sporting, working or other title
from a purebred dog registry, referenced above, or other registry or
dog sport association; or
iii. The owner of the dog or cat is a member of, and the dog or
cat is registered with a bona fide purebred dog breed club or cat
fancier's association, which maintains and enforces a code of
ethics for dog or cat breeding that includes restrictions from
breeding dogs or cats with genetic defects and life threatening
health problems that commonly threaten the breed, or the owner
signs a statement under oath attesting that the dog or cat is being
trained to comply with subsections i. or ii., above.
2. Medical fitness. A veterinarian licensed in the State of Florida
certifies in writing that a dog or cat is medically unfit to undergo
the required spay or neuter procedure because of a medical
condition, including but not limited to age, would be substantially
aggravated by the procedure or would likely result in the death of
the dog or cat. The certification must state the date, if any by
which the dog or cat may be spayed or neutered. As soon as the
medical condition that prevents a dog or cat from being spayed or
neutered ceases to exist, it shall be the duty of the owner to have it
spayed or neutered within thirty (30) calendar days.
3. Law enforcement. The dog is currently used by a law enforcement
agency for law enforcement purposes or is part of a bona fide law
enforcement animal breeding program. The owner shall comply
with this article relating to breeder permits, facilities, etc.
4. Service animals. A dog or cat that is a service animal as defined in
this chapter, 28 C.F.R. 36.104 and F.S. 413.08 or is part of a bona
fide service animal breeding program. The owner shall comply
with this article relating to breeder permits, facilities, etc.
5. Breeders. The owner demonstrates to the animal control division
proof of a breeding contract for a particular dog or cat,
membership in a bona fide national, state or local organization, for
the perpetuation of a given breed of dog or cat or proof of a litter
produced by breeding of the dog or cat within the last three
hundred sixty -five (365) calendar days.
6. Hunting and herding dogs. The dog is currently used as, or trained
to be, a hunting or herding dog and the dog is registered with a
19
St through passages are deleted.
Underlined passages are added.
#2011 -0 -11
bona fide national, state or local hunting or herding dog
association. Alternatively, the owner of the dog signs a statement
under oath attesting that the dog is used, trained, or will be trained
to be a hunting or herding dog.
None of the aforementioned qualifications shall be construed to
authorize the breeding or harboring of dogs or cats in violation of
the Zoning Code of the City, or exempt the owner or their dog or
cat from any other provisions of this chapter.
b. Deadline. A dog or cat governed by this section shall be spayed or
neutered by its owner or, if eligible, the owner shall obtain an unaltered
animal permit within thirty (30) calendar days of the dog or cat becoming
six (6) months of age, or by September 1, 2011, whichever is later in time,
or, in the case of an owner whom acquired a dog or cat after it becoming
six (6) months of age, thirty (30) of acquisition.
c. Microchipping. As a condition to obtaining an unaltered animal permit,
an eligible dog or cat must be implanted with an identifying microchip and
the owner must provide the microchip number to the animal control
division. This requirement shall not apply to hunting or herding dogs.
d. Place of residence. The address of the owner shall be presumed to be the
residence of the dog or cat. All changes of address must be reported to the
animal control division within thirty (30) calendar days following such
change.
e. Change in ownership. A permit holder shall notify the animal control
division and the national registry applicable to the implanted mircochip in
writing of any change in ownership of a dog or cat within thirty (30)
calendar days.
f. Term of permit. An unaltered animal permit shall be valid for the life of
the dog or cat.
Revocation. Upon receipt of information of violation of this section, the
animal control division may issue a notice of revocation to a permit
holder. The notice of revocation shall provide a summary of the
information of the violation and shall be sent by certified mail, return
receipt requested, hand delivery by a police officer, or animal control
officer, or upon posting of the property at the address listed in the permit
application. Any request for hearing shall be filed by the permit holder
with the animal control division within ten (10) calendar days after the
permit holder's receipt of said notice. The permit holder shall set forth the
reasons why the permit holder believes the revocation would be an error.
Failure to timely request a hearing shall render the revocation final. All
hearings shall be conducted by the animal control board within thirty (30)
calendar days after the receipt of a request for hearing and in accordance
with section 5 -6. The original of the board's written decision shall be filed
with the animal control division and copies shall be mailed to the city
attorney and permit holder. The original of the board's written decision
20
Strike - 'sough passages are deleted.
Underlined passages are added.
#2011 -0 -11
shall be filed with the animal control division and copies shall be mailed
to the city attorney and permit holder.
h. Penalty. Any person who violates any provision of this section is subject
to the enforcement procedures and penalties of this chapter. These
penalties shall not preclude the issuance of a notice of revocation to a
holder of an unaltered animal permit for violations of this section.
(3) Exemptions. A dog or cat that meets the following criteria shall be exempt from
this section and not be required to obtain an unaltered animal permit:
a. A dog or cat temporarily harbored within the city for less than thirty (30)
calendar days within any calendar year.
(4) Fee. A permit fee shall be paid at the time of application. The
unaltered/unsterilized animal permit fee shall be established by resolution of the
city council.
Secs. 5 -38 — 5 -39. Reserved.
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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. 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 B through F shall not be codified.
21
mike threugh passages are deleted.
Underlined passages are added.
#2011-0-11
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F. ADOPTION.
A Motion was made for staff to re -write certain sections and resubmit for first reading by
Councilwoman Bennington and Second by Councilman Ignasiak, the vote on July 18, 2011 was
as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Ted Cooper X
After Motion to strike out the word "single" in the definition of breeder, motion to
approve by Councilwoman Bennington with Second by Councilman Ignasiak, the vote at first
reading of this ordinance on August 15, 2011 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington X
Councilman Justin Kennedy X
Councilman Ted Cooper X
22
ugh passages are deleted.
Underlined passages are added.
#2011 -0 -11
During the September 12, 2011 Council meeting, a Motion was made by Councilman
Ignasiak with Second by Councilman Kenney to continue this item until the September 26, 2011
meeting with the votes as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Michael Ignasiak X
Councilwoman Gigi Bennington ABSENT
Councilman Justin Kennedy X
Councilman Ted Cooper ABSENT
After Motion to approve by Second by Ln A �: ,Ahe
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
23
SBikethme passages are deleted.
Underlined passages are added.
#2011-0-11
PASSED AND DULY ADOPTED this 26th day of September, 2011.
ATTEST:
vItw&,_11. •u
I
CITY COUNCIL OF THE
C-,"CI OF EDGEWATER, FL A
Bi
lke Thom s
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida Approved as to form and Edgewater at a meeting held on this 26th day
legality by: Aaron R. Wolfe, Esquire of September, 2011 under Agenda Item No.
City Attorney 80
Doran, Sims Wolfe Ansay & Kundid
24
StrikeHaeugk passages are deleted.
Underlined passages are added.
#2011-0-11