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Home My WebLink AboutO-93-14 ORDINANCE NO. O-93-14 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 18, OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN, PERTAINING TO ANIMALS; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city Council of the city of Sebastian has determined that an amendment to the Animal Control Ordinance of the city of Sebastian is necessary to accommodate the desire of its citizens to keep animals not currently permitted within the City of Sebastian; and WHEREAS, the city staff has prepared revisions to the Code of Ordinances consistent with the Council's desires; and WHEREAS, the City Council has determined that an amendment to the Code of Ordinances relating to the keeping of certain animals is consistent with the public health, safety and welfare of the City of Sebastian's residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS: Section 1. CHAPTER 18 AMENDED. Chapter 18 of the city of Sebastian Code of Ordinances is hereby amended in its entirety as follows: "ANIMALS ARTICLE I. IN GENERAL Sec. 18-1. City designated bird and wildlife sanctuary; unlawful to shoot or trap birds and certain animals; permit to kill; signs. The city, including all lands now and hereafter within its territorial limits, is hereby established as a sanctuary and a reserve for all birds and fur-bearing animals; and it shall be unlawful for any person to hunt, kill, shoot or trap or in any manner kill or destroy such birds and fur-bearing animals within the city limits unless written permission is expressly granted to an individual or group by the city manager. The city manager is hereby authorized to issue a permit for the killing or destroying of any birds and fur-bearing animals that become obnoxious or destructive. Appropriate signs of a permanent nature approved by the city council may be furnished, placed and maintained at the principal entrances to the city limits. Secs. 18.2--18.25. Reserved. Section 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: Fowl means all types of chickens, ducks, turkey, geese, guineas, 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. Dangerous an_~imal o__r r~Dtile means any wild or feral mammal or reptile which by its nature or breeding has the capability of inflicting serious bodily injury to humans. Section 18-27. Animal Enclosure. Ail 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. Section 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 (2) but less than ten (10) such animals are kept, such pen, cage or enclosure shall be at least twenty (20) feet from any adjacent property line. In Do event shall the total number of such animals be kept o__r maintained a__t any ~esidence or p.roDert¥ exceed ten (10). (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. Section 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 (2) 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, or educational or institutional research facility are exempt from the provisions of this section. Section 18-30. Keeping of pigeons prohibited. It shall be unlawful for any person to keep or harbor pigeons within the City of Sebastian. Section 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 of Sebastian. (b) Notwithstandinq the provisions of Section ~ if the followinq conditions of this subsection are continuously met at all times, one (1~ pure-bred pot-bellied piq (hereinafter "the p~ may be ~ maintained, penned or fed at a residence which is utilized ~ as a residenc~ by at least on~ (1) person: (1) The pig shall be maintained or kept within the interior of th9 primary structure or dwellinq located 9n the residential property for at least ten (10) hours durinq each calendar day;.. 2~ Th~ area outside of the residential structure or dwellinG where the p~ is,. from tim____ge to time, maintained, ~ p_~nned o__~r fed shall be enclosed by a fence havinq ~ height of not less than fou~ (4) ~ (3) At least annuall_l~ th~ pig shall be vaccinated for pseudorabies. 4~ At least annuallvL the Di~ shall be tested by ~ licensed veterinarian for brucellosis and pseudorabies. (5) The piq shall not be infected with brucellosis o__~r pseudorabies. ~6) Th___ge piq shall not be used in any commercial venture; i__~t shall be kept an__~d maintained solely as a pet for personal pleasure. (c}... Livestock o_~r nondomesticated animals ~ in or by ~ ~ licensed animal shelter, veterinary clinic, Ret store, zooL o__r educational or institutional re___search facility are exempt from the provisions of this section. Section 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 of Sebastian. (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 be unlawful for any person to keep, raise, harbor, use, possess or have under his control or attempted control any animals commonly know as ratites, which include, but are not limited to ostrich, rhea, emu and cassowary." Section 2. CONFLICTS. Ail ordinances or parts ordinances in conflict herewith are hereby repealed. of 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.. 8EVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this ordinance is invalid or unconstitutional, the remaining provisions of this 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 remain in full force and effect. Section 5. EFFECTIVE DATE. This ordinance shall become effective,immediately upon its adoption. The fore~n~ o~dinance was moved for adoption by Council- member ~-~-~-~-- · Councilmember ~ vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The motion was seconded by and, upon being put to a The Mayor_thereupon declared this ordinance duly passed and adopted this ~ day of , 199~. .... - ~on~fe-R. P~e~l, Mayo~ 'ATTESt: KathrYnUMl 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 public hearing was held on this ordinance at 7:00 p.m. on the 2~day of ~~ , 199~, and the following said public hearing this ordinance Was ~assed by the c~ council. ~~~ ~ ~~~ Kathryn~. TO,Hail6ra~, CMC/AAE city Clerk Appro~gd a~/to~m and content: . ~ha. rles Ian N~sh, dity Attorney