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Home My WebLink AboutO-22-08 Prohibiting Roosters - FAILEDAN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING CODE OF ORDINANCES CHAPTER 18 ANIMALS, ARTICLE II, TO PROHIBIT ROOSTERS AND EXEMPT APPROVED AGRICULTURAL OPERATIONS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City considered complaints received by its residents and has re-examined the type of fowl that should be allowed within its boundaries; and WHEREAS, the City Council wishes to exempt an additional operation from sections of the code; and WHEREAS, the City Council finds it is in the public interest to modify and update certain sections of the code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: CHAPTER 18 - ANIMALS Article II. Livestock Sec. 18-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous animal or reptile means any wild or feral mammal or reptile which by its nature or breeding has the capability of inflicting serious bodily injury to humans. Fowl means all types of chickens, ducks, turkeys or similar birds. Livestock means all animals of the equine, bovine or swine class, including goats, sheep, mules, horses, hogs, cattle and other grazing animals. Nondomesticated animal means any animal other than livestock, fowl or any dog, cat, bird or similar animal. Rooster means an adult male domestic chicken. Sec. 18-27. Animal enclosure. All pens, cages, coops, lofts or enclosures wherein animals, fowl or birds are kept shall be securely built and maintained, adequate in size for the kind and number of animals, fowl or birds contained therein and maintained in a sanitary condition; such enclosures shall be cleaned and maintained so as to not become offensive to residents or businesses adjacent thereto. The keeping of enclosures under conditions allowing the breeding of flies is specifically prohibited. Sec. 18-28. Pens, coops, etc. for small animals. (a) Any person keeping small animals, including but not limited to rabbits, guinea pigs, rats, mice and gerbils shall keep such animals in a pen, cage or enclosure meeting the requirements of section 18-27. When more than two but less than ten such animals are kept, such pen, cage or enclosure shall be at least 20 feet from any adjacent property line. In no event shall the total number of such animals be kept or maintained at any residence or property exceed ten. (b) Small animals kept in or by a duly licensed or established shelter, veterinary clinic, pet store, zoo or educational or institutional research facility are exempt from the provisions of this section. Sec. 18-29. Keeping of fowl. (a) Any person keeping fowl shall keep them in a pen, coop or enclosure meeting the requirements of section 18- 27 of this article. No more than two such fowl may be kept on any single lot. (b) Fowl kept in or by a duly licensed or established shelter, veterinary clinic, pet store, zoo, educational or institutional research facility, or an approved agricultural operation are exempt from the provisions of this section. (c) Roosters are prohibited. See. 18-30. Keeping of pigeons prohibited. It shall be unlawful for any person to keep or harbor pigeons within the city. Sec. 18-31. Keeping of livestock prohibited. (a) It shall be unlawful for any person to keep, maintain, pen or feed livestock or nondomesticated animals within the city. (b) Notwithstanding the provisions of subsection 18-31(a), if the following conditions of this subsection are continuously met at all times, one pure-bred pot-bellied pig (hereinafter "the pig") may be kept, maintained, penned or fed at a residence which is utilized primarily as a residence by at least one person: (1) The pig shall be maintained or kept within the interior of the primary structure or dwelling located on the residential property for at least ten hours during each calendar day; (2) The area outside of the residential structure or dwelling where the pig is, from time to time, maintained, kept, penned or fed shall be enclosed by a fence having a height of not less than four feet; (3) At least annually the pig shall be vaccinated for pseudorabies; (4) At least annually, the pig shall be tested by a licensed veterinarian for brucellosis and pseudorabies; (5) The pig shall not be infected with brucellosis or pseudorabies; (6) The pig shall not be used in any commercial venture; it shall be kept and maintained solely as a pet for personal pleasure. (c) Livestock or nondomesticated animals kept in or by a duly licensed animal shelter, veterinary clinic, pet store, zoo, educational or institutional research facility, or an a_n_nroved auricultural operation are exempt from the provisions of this section. Sec. 18-32. Dangerous animals or reptiles. (a) It shall be unlawful for any person to keep, raise, harbor, use, possess or have on his premises or under his control or attempted control any dangerous animals within the city. (b) Dangerous animals kept in or by a duly licensed or established shelter, veterinary clinic, pet store, zoo, or educational or institutional research facility are exempt from the provisions of this section. (c) In addition, it shall he unlawful for any person to keep, raise, harbor, use, possess or have under his control or attempted control any animals commonly known as ratites, which include, but are not limited to ostrich, rhea, emu and cassowary. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Code of Ordinances and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Jim Hill Vice -Mayor Fred Jones Councilmember Ed Dodd Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA LE Mayor, Jim Hill Approved as to form and legality for reliance by the City of Sebastian only: Manny Anon, Jr., Esq. City Attorney 4