HomeMy WebLinkAboutO-09-04ORDINANCE NO. 0-09-04
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, AMENDING ARTICLE I, CHAPTER 74, SECTION 74-4 (a) (8) OF
THE CODE OF ORDINANCES, RELATING TO DOG PARKS, PROVIDING
EXCEPTION TO GENERAL PROHIBITION REGARDING DOGS IN CITY
PARKS, REPEALING CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council has designated a certain parcel of park land within the City
limits to be utilized for the purpose of a Dog Park; and
WHEREAS, the current code regarding dogs in City Parks requires leashes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That section 74-4 (a) (8) of the Code of Ordinances, City of Sebastian,
Florida, is hereby amended to read as follows:
"Sec. 74-4. General Regulations for Recreational Facilities.*
(a) Prohibited conduct; unlawful acts. No person shall:
(8) Cause or permit a dog or other domestic animal, other than a service
animal within the scope of Fla. Stat. 413.08, to enter the area unless such pet is
maintained on a leash of six feet or less. No dogs or other domestic animals
shall be brought into any enclosed public-use facility except in accordance with
the aforementioned statute.
This subsection does not apply to City designated dog parks where activities are
conducted in accordance with posted rules and regulations
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 3. 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 or unconstitutional provision, thereby causing said remainder to remain in full force and
effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by
the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
s i m ch i c k The motion was seconded by Councilmember c i 11 mo r
and, upon being put to a vote, the vote was as follows:
Mayor Richard H. Gillmor
Vice-Mayor Jim Hill
Councilmember Andrea B. Coy
Councilmember Dale I. Simchick
Councilmember Eugene Wolff
aye
aye
absent
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of
May , 2009.
CI SEBA I~FLORIDA
Y~
Richard H. Gillmor, Mayor
ATT
Sally A. M lo, I~IMC
City Clerk
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Robert A. Ginsburg, City ttorney
"The underlined portion constitutes the proposed amendment.
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