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Home My WebLink AboutV(A) Public Hearings and Second Readings: Ordinance No.96-04, Adopting Orange County Animal Services Ordinance. AGENDA 4-2-96 f / Item V A • FOLEY & LARDNER ATTORNEYS AT LAW SUITE 1800 111 NORTH ORANGE AVENUE A MEMBER OF GLOBALEX ORLANDO, FLORIDA 32801 WITH MEMBER OFFICES IN JACKSONVILLE BERLIN TELEPHONE 1407) 423-7656 TALLAHASSEE BRUSSELS TAMPA FACSIMILE 1407) 648-1743 DRESDEN WEST PALM BEACH MAILING ADDRESS FRANKFURT MILWAUKEE LONDON MADISON POST OFFICE BOX 2193 PARIS CHICAGO ORLANDO, FL 32802-2193 SINGAPORE WASHINGTON,D.C. STUTTGART TAIPEI March 29, 1996 • MEMORANDUM Via E-Mail TO: Mr. Ellis Shapiro, City Manager FROM: David P. Barker, Assistant City Attorney DATE : March 11, 1996 RE : Ordinance Adopting Orange County Animal Services Ordinance Pursuant to the request of the Ocoee City Commission, I have prepared the following summary relating to the definition of an "at large" animal and the requirement for obtaining licenses by breeders under the Orange County Animal Services Ordinance . Definition of At Large Animal . Section 43-1 of the Ocoee City Code defines at-large animal' as follows : AT-LARGE ANIMAL - Any animal which shall be off the premises of the owner and which is not under or in the control of the owner or other responsible person by means of a leash, chain or effective voice command. Section 5-29 (e) of the Orange County Animal Services Ordinance defines at-large as follows : At large shall mean either: (1) A dog off the owner' s premises, not under a person' s control by means of O� leash, cord or chain, and upon U1 ESTABLISHED 1 8 4 2 public or private property without the consent of the property owner or tenant; provided, however, a dog under supervision and engaged in hunting or agricultural and ranching tasks or a competition, trial or show shall not be considered to be at large . (2) A cat which does not exhibit identification by a collar and a current County rabies license tag. These definitions are similar but the Orange County Section acknowledges that at times when a dog may be off the leash for certain organized activities, this would not be a violation of the Code . Breeder Licenses . Section 43-3 of the Ocoee City Code levies a kennel fee on every person who is in the commercial business of buying, selling, breeding, or boarding four or more dogs in a kennel . The owner of the kennel is required to pay the City Occupational License fee . There is no provision requiring a breeder to pay any other fee or obtain a license other than as required for any dog over four months of age . Therefore, when a kennel owner has a litter of pups, in most cases the kennel owner will not be required to obtain licenses for the pups . Conversely, Section 5-28 of the Orange County Animal Services Ordinance requires the owner or keeper of a dog or cat to obtain a breeder license for such animal which will be utilized for breeding. If an animal is bred which does not have a license tag, then it will be a violation of the Orange County Animal Services Ordinance . The owner of a dog or cat which engages in breeding is required to (i) maintain accurate records of all animals produced by such breeding and a record of their final disposition, (ii) display an appropriate breeder license tag in all advertising, (iii) supply the new owner information on the importance of spaying and neutering as provided by the Orange County animal services department and (iv) immunize all dogs or cats offered for sale, trade or free give-a-way as required by Florida Statutes . There is not a separate fee for a breeder tag. As initially proposed, the Orange County Animal Services Ordinance levied a $50 . 00 fee on breeders, but through very publicized opposition to this provision, it was not included in the final ordinance . If you need any further information regarding these matters, please do not hesitate to contact me . /jh cc : Paul E . Rosenthal, Esq. , City Attorney C:\W P51\DOCS\MEMOS\SHAPIRO 13/29/96118W0101 DPB:jh -2- AGENDA 3-19-96 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI A 1 Ocoee J• DLL,1 VHIVUCKIaKIrI � 0 COMMISSIONERS pi:44 •• CITY OF OCOEERUSTY JOHNSON a SCOTT ANDERSON 150 N. LAKESHORE DRIVE SCOTT A.GLASS taw _1 �v OCOEE,FLORIDA 34761-2258 JIM GLEASON l�4 �� (407)656-2322CITY MANAGER Of GOO9 ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: March 12,1996 RE: ORDINANCE ADOPTING ORANGE COUNTY ANIMAL SERVICES ORDINANCE For approximately 18 months Orange County has been working on a comprehensive animal services ordinance that takes out some of the vagueness of the old ordinance and strictly interprets the enforcement of this ordinance for the future. This massive undertaking was done by a committee selected by Orange County Commission that had citizens from different walks of life and different areas of the community. We have been advised by Orange County Animal Services that in order for them to continue to enforce animal control violations within the City of Ocoee, we must adopt the new Orange County Animal Services Ordinance. The adoption of this ordinance would also have to occur if we decided to have our own animal control officer in the future if we did not want to operate a costly shelter, separate and apart from the County's. David Barker, Assistant City Attorney, has provided a short analysis of the changes from our ordinance to Orange County's ordinance and the Orange County Animal Services Ordinance has been reviewed by the Chief of Police and this writer, as well. Since the Orange County Animal Services Ordinance is a document of more than 50 pages, I have opted not to copy each of you; however, a copy shall be in the City Clerk's office. If you wish me to do so, please notify me at your convenience. We would recommend that the City Commission pass the attached enabling ordinance so that animal control services can be continued by Orange County within our City limits. Respectfully Sub i itted, I ES:fdg Attachment MEMORANDUM Via E-Mail TO: Mr. Ellis Shapiro, City Manager FROM: David P. Barker, Assistant City Attorney DATE: March 12, 1996 RE: Ordinance Adopting Orange County Animal Services Ordinance Pursuant to our telephone conversation today, enclosed please find the final draft of the City of Ocoee Ordinance Adopting the Orange County Animal Services Ordinance. The Ordinance deletes Sections 1, 3, 4 and 11 through 15 of Chapter 43 of the Ocoee City Code which contained either conflicting or overlapping provisions when compared to the Orange County Animal Services Ordinance. Should you have any questions regarding this Ordinance, please contact me. /jh Enclosure cc: Paul E. Rosenthal, Esq., City Attorney ORDINANCE NO. 96- 04 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ANIMAL SERVICES; DELETING SECTIONS 1, 3, 4 AND 11 THROUGH 15, INCLUSIVE, OF ARTICLES I AND III OF CHAPTER 43 OF THE OCOEE CITY CODE; AMENDING SECTION 43-2 OF ARTICLE I OF CHAPTER 43 OF THE OCOEE CITY CODE; ADOPTING THE PROVISIONS OF ARTICLE II OF CHAPTER 5 OF THE ORANGE COUNTY CODE OF ORDINANCES RELATING TO ANIMAL SERVICES WITHIN THE CITY LIMITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to have the provisions of Article II of Chapter 5 of the Orange County Code of Ordinances, as amended by Orange County Ordinance No. 95-32, relating to, among other things, the regulation of dangerous animals, enforced within the city limits. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Deletion of Sections. The present Sections 1, 3, 4 and 11 through 15, inclusive, of Articles I and III of Chapter 43 of the Code of Ordinances of the City of Ocoee, Florida are hereby deleted. SECTION 3. Amendment of Section 43-2. The present Section 43-2 of Article I of Chapter 43 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: SECTION 43-2. Adoption of County Provisions. The city hereby adopts and subjects itself to Article II of Chapter 5 of the Code of Ordinances of Orange County, Florida, as amended by the provisions of Ordinance Number 95-32 of Orange County, Florida, effective October 5, 1995 (the "Orange County Animal Services Ordinance"). In the event of a conflict between . the terms of the Orange County Animal Services Ordinance and the other provisions of this Chapter, the terms of the Orange County Animal Services Ordinance shall control. The city hereby adopts the Orange County Animal mel Service Office as the only animal control agency in authority within the city. Any items not specifically addressed in this chapter shall fall under the authority of the Orange County Animal Eentr-e}Service Ordinance. SECTION 4. Conflicts. All ordinances, resolutions, parts of ordinances or parts of resolutions of the City of Ocoee in conflict herewith are hereby repealed and rescinded. SECTION 5. Severability. If any section,subsection, sentence, clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Codification. It is the intention of the City Commission of the City that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be 2 authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1996. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED 3-21 , 1996 READ FIRST TIME 3-19 , 1996 READ SECOND TIME AND ADOPTED , 1996, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1996. FOLEY & LARDNER By: City Attorney C:'WP51\DOCS\OCOEE\ANIMAL.ORD;3/12/96;18W015;DPB:dp 3 SCHEDULE OF OVERLAP FOR ANIMAL CONTROL REGTJLATIj CITY OF OCOEE ORANGE COUNTY CHAPTER 43. OCOEE CITY CODE CHAPTER 5. ORANGE COUNTY CODE 1. 43-1 Definition of At-Large Animal 5-29 Definition of At-Large • more comprehensive 2. 43-1 Definition of Nuisance 43-1 Definition of Nuisance • Vague • more comprehensive and less ambiguous 3. 43-3 Dog License 5-28 Breeder license tags • requires licenses for individual • requires owner to obtain breeder owners and a kennel owner is license; not in conflict with Ocoee required to obtain an occupational Code but an additional requirement license 4. 43-4 At-large and vicious animals 5-32 Dangerous Animal 5-42 Nuisance Animals • contains different provisions than Orange County relating to • more detailed and comprehensive dangerous animals procedure • details nuisance animal in vague • detailed definition of types of terms nuisances 5. 43-12 Confinement of Dangerous or 5-32 Dangerous Animals Vicious Dogs 43-13 Length of Confinement; Disposal • contains detailed procedure with 43-14 Redemption of Animals greater due process rights to pet owner • contains confinement and redemption procedures • Decisions made by Committee