HomeMy WebLinkAboutO-89-20ORDINANCE NO. 0-89-20
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING CHAPTER 5, OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; BY INCLUDING A
PROVISION PROHIBITING LIVESTOCK, FOWL AND
NONDOMESTICATED ANIMALS; PROVIDING DEFINITIONS AND
PENALTY; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City adopted the Animal Control Ordinance of
Indian River County, Florida, by reference after repealing the
City's animal control ordinance; and
WHEREAS, regulation (prohibition) of livestock was
inadvertently omitted from the terms of said ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1.
A new Section 5-2, Sebastian Code of
Ordinances is hereby created to read as follows:
"Section 5-2.
Prohibited.
Livestock, Fowl and Nondomesticated Animals
(a) It shall be unlawful for any person to keep, maintain,
pen or feed livestock, fowl or nondomesticated animals. For
purposes of this section livestock, fowl and nondomesticated
animals shall have the following meaning:
(i) Livestock - all animals of the equine, bovine or
swine class, including goats, sheep, mules, horses, hogs, cattle
and other grazing animals.
(ii) Fowl - all types of chickens, ducks, turkeys or
similar birds.
(iii) Nondomesticated Animal - any animal other
than livestock, fowl or any dog, cat, bird or similar animal
(b) Exemptions - The followinU exemptions are hereby made
to this ordinance:
Livestock, fowl or nondomesticated animals impounded
pursuant to this chapter or any county, any state or any federal
law and in the possession of the officer designated to have
possession under any such law(s).
(c) Penalties - Any person violating any of the provisions
of this section shall, upon conviction thereof, be punished in
accordance with the provisions of section 1-10 of the Code of
Ordinances of the city."
Section 2. CONFLICT. Ail ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the
City Council of the City of Sebastian, Indian River County,
Florida, and it is hereby provided that the provisions of this
Ordinance shall become and be made a part of the Code of
Ordinances of the City of Sebastian, Florida; that the sections
of this Ordinance may be renumbered or relettered to accomplish
such intention; and the word "Ordinance" may be changed to
"Section", "Article" or other appropriate designations.
Section 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Ordinance is invalid or unconstitutional, 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 or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Ordinance without said invalid and unconstitutional
provision, thereby causing said remainder to remainder to remain
in full force and effect.
Section 5. EFFECTIVE DATE. This Ordinance shall
become effective immediately upon its adoption.
The~oregoing Ordinance was moved for adoption by Councilman
O~~.~~_______ The motion was seconded by
Councilman
~_~~----- and, upon being put to a
vote, the vote was~ as follows:
Mayor Richard B. Votapka
Vice-Mayor Robert McCarthy
Councilman Robert L. McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared this Ordinance duly passed and
adopted this
day of
1989.
CITY OF/~BASTIAN, FLORIDA
Richard B. Votapka, Mayor
ATTEST:
Kathryr~/M. O'Halloran, CMC/AAE
City Clerk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one pub%lc heariQg w~s held on
this Ordinance at 7:00 p.m. on the ~ day of ~/DT~~, 1989,
and that following said public hearing this Ordin~n6e was passed
by the City Council.
~athry~ M. O'Halloran, CMC/AAE
City Clerk
Appr~o Form and Content:
Char~ies Ian Nash, City Attorney
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