HomeMy WebLinkAboutOrd. 91-17
ORDINANCE NO. 91-17
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO CONFINEMENT OF ANIMALS AND FOWL;
REPEALING SECTION 4-31 OF ARTICLE III OF
CHAPTER 4 OF THE CODE OF ORDINANCES OF THE
CITY; ADOPTING A NEW SECTION 4-31 OF ARTICLE
III OF CHAPTER 4 OF THE CODE OF ORDINANCES
WHICH PROHIBITS FOWL WITHIN THE CITY;
PROVIDING FOR A CARETAKER FOR CERTAIN ANIMALS
IN CONFINED AREA; PROVIDING FOR SPECIAL
PERKITS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
.
BE IT ENACTED BY THE CITY COKKISSION OF THE CITY OF OCOEE,
FLORIDA, AS FOLLOWS:
SECTION 1.
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.
The present Section 4-31 of Article III of
Chapter 4 of the Code of Ordinances of the City of Ocoee, Florida, is hereby
repealed in its entirety.
SECTION 3.
A new Section 4-31 of Article III of Chapter
4 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as
follows:
Section 4-31. Confinement of animals and fowl prohibited,
except under specified conditions:
(a) Except as expressly authorized in A-1 and A-2 zoning
districts no person shall keep upon any property located within the city any
chickens, turkeys or other fowl.
(b) No swine, horses, cows or other barnyard animals may be
kept upon any property located within the city unless the following conditions
are met:
(1) Each animal shall be kept within a confinement
area which shall be securely fenced and shall
contain a minimum of one (1) acre.
(2) No more than one (1) animal per acre shall be
kept within a confinement area; provided,
however, any juvenile kept during its normal
lactation period shall not be counted for
purposes of this section.
.
(3)
All animal confinement structures and lands
shall conform to the codes and ordinances of
the City.
(4) A nightwatchman or caretaker shall supervise
and oversee each confinement area from one-
half hour before dark and continuing until
one-half hour after dawn of the following day,
whenever such confinement area contains any
animals permitted pursuant to this section.
.
(5) Each confinement area shall provide a sleeping
facility for each nightwatchman or caretaker
required pursuant to this section. If the
confinement area is within any non-residential
zoning district, the Board of Commissioners of
the city may grant a special permit for such
sleeping facility which shall be subject to
appropriate terms and conditions as set by the
Board of Commissioners of the city. No other
board, including, but not limited to the Board
of Adjustment or the Planning and Zoning Board
shall be allowed to grant such special permit.
The special permit shall be for a period of
one year and shall be for the year beginning
December 15 and expiring on December 14 of the
next year. Prior to the first Tuesday in
December, the petitioner must make a new
application to the Board of Commissioners of
the City to extend his or her permit for the
following year. Each permit issued after
December 15 shall be for a partial year, such
partial year expiring on the December 14th of
the next year.
(c) Notwithstanding the above, this section shall not
apply to dogs, cats, or commonly accepted household pets kept in
accordance with the code and ordinances of the City.
SECTIOB 4.
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.
SECTIOB 5.
Effective date.
This Ordinance shall
become effective immediately upon passage and adoption.
PASSED UD ADOPTED this lid day of :fIlJlt
, 1991.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
(SEAL)
.
ADVERTISED June 6
READ FIRST TIME June
READ SECOND TIME AND
:!1.tAH I~ , 1991
, 1991
4 , 1991
ADOPTED
FOR USE UD RELIUCE OBLY BY
THE CITY OF OCOEE, FLORIDA
APPROVE~ AS TO FORM UD LEGALITY
this tg day of ~UtJ6 , 1991
:~nr3~
City Attorney
APPROVED BY THE OCOEE CITY
COMNISSIOB AT A MEETIBG
HELD OB .Ju A1 {,. I g , 1991
UBDER AGEBDA ITEM BO. V L