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Home My WebLink AboutOrdinance 602 . . r'-- ..: l ; ~ . (n{DIN]\i.KE NO. 602 CITY OF OCOEE, FLORIDA AN ORDINANCE REGULATING THE KEEPING OR MAINTENANCE OF FOWL OR OTHER BARN- YARD ANIMALS WI'l'HIN CEETAIN AREl'.S OF THE CITY OF OCOEE AND PROHIBITING THE KEEPING OF SUCH FOWL OR ANIMALS UNDER CER'rAIN CONDITIONS; SETTING FORTH FINDINGS or FACT; REPEALING PRIOR ORDINANCES; PROVIDING DEFINITIONS; DECLARING THE KEEPING OR t1AINTENANCE OF FOWL OR BARNYARD ANIMALS IN RESI- DENTIALLY ZONED AREAS OF THE CITY OF OCOEE TO BE A NUISANCE UNDER CERTAIN CONDITIONS; MAKING ILLEGAL THE CREATION OF SUCH NUISANCES; PROHIBITING PROPER'ry OWNERS, AFTER NOTICE, FROM MAINTAINING SUCH NUISANCES; PROVIDING FOR NOTICE TO REMOVE NUISANCES; PROVIDING FOR THE REHOVAL OF SUCH NUISANCES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, CONSTRUCTION AND EFFECTIVE DATE. WHEREAS, a number of complaints have been received by the City of Ocoee concerning the keeping or maintenance of fowl or barnyard animals within residentially zoned areas of the City, and WHEREAS, the City Commission of the City of Ocoee, Florida, has conducted an independent investigation and has determined that the regulation of such keeping of fowls or barnyard animals within such areas is necessary to avoid conditions deleterious to the public safety and welfare of the citizens and inhabitants of the City of Ocoee, Florida, NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. AUTHORITY; PURPOSE; SCOPE: This ordinance is enacted under authority of Article VII, Section 2(b), of the Constitution of the Stat~ of Florida, and under authority of Florida Statutes, Chapter 69-1359, Special Acts of 1969, for the purpose of regulating . the kee ng or maintenance of fowl or other barnyard animals w:ithin residentiallv zoned areas witflin the City limits of the Cit; of Ocoee, Florida. This ordinance is enacted in tLe interest of the ~ljc safety and welfare of the citizens and inhabitants of the Ci t:,' of Ocoee, Florida, and shall be in force and effect and !,e enforced throu,cshout the City. Sectior 2. DEFINITIONS: ~S used in this ordinance, the following terms shall be defined to mean: (a) HPerson!l - '("bether used in the singular or pltiral, shall mean any individual, group of individuals, firm, corporation, partnership or other le~al entity or the agent or agents thereof. (b) "Ci t, of Ocoee!l shall refer to the incorporated area of the City of Ocoee, Florida. (c) T'Commission!: sl!all mean the Ci t~' Commission of t:le Ci t: of Ocoee, Florida. (d) The singular means the plural and vice versa. (e) The masculine includes the feminine and neuter and vice versa. (f) Reference to any office or officer includes arv person authorized by law to perform the duties of such office or officer. (v) lTFo1tll" as '1sed herein includes chickens, roosters, geese, ducks, guinea fowl, turkeys, swans, ni~eons, peacocks, or any such fowl, but does not include canaries, F,arakeets, or otter such small birds kept inside a dwelling house. . -2- Iro.. . . (h) "Barnyard animals" includes sheep, goats, pigs, horses, cattle and other such animals, but does not include dogs or cats. Section 3. CERTAIN CONDITIONS DECLARED NUISANCES: . The keeping or maintenance of fowl or other barn- yard animals, as defined above, within residentially zoned areas of the City of Ocoee, is declared to be a nuisance under the following circumstances: If the keeping or maintenance of such fowl or barnyard animals creates excessive noise or noxious odors which unduly annoy, harass or oppress the surrounding communi ty i if such keeping or r.laintenance create a hazard of pollution to the water supply of the surrounding community; if the fowl or animals are housed in any structure not in compliance with the provisions of the zon1ng ordinance or regulations per- taining to that particular parcel of property on which the fowl or animals are kept or maintained; if such keeping or maintenance tends to create a breeding place or haven for snakes und vermin; or if such keeping or maintenance tends to create any hazard endangering Lhe lives, health, welfare and property of the citizens of the City of Ocoee; or if such keeping or maintenance tends to create fire or traffic hazards. The receipt of three (3) separate complaints by the City, the City Manager, or the Police Department of the City of Ocoee within any 30-day period directed against the keeping or ma1n- tenance of fowl or other barnyard animals shall be prima facie evidence that such keeping or maintenance is a nuisance. . Section ~1, CREATION OF NUISANCES PROHIBITEG: No person shall keep or maintain, or cause to be kept or maintained, on any lands or premises within the -3- ~ City, dny fowl or animal whose keeping or rnaintenance consti- tutes J nuisance to the public health, safety and welfare, dS set forth in Section 3 above. Section 5. PROHIBITION AGAINST ALLOWING OR . MAINTAINING NUISANCES: No person shall allow to be kept or maintained or otherwise located on lands or premises owned by him within the City of Ocoee, any fowl or barnyard anirr21 whose keeping or maintenance constitutes a nuisance as set forth in Section 3 above, nor shall any person after notice as hereinafter pro- vided in Section 7 that a nuisance to public health, safety and welfare exists on lands or premises owned by him within the city of Ocoee, keep, maintain or fail to remove such nU1S- ance to public health, safety and welfare. Section 6. PENALTIES: Any person violating any of the provlslons of this ordinance shall be punished by the fining of a sum not to exceed Five Hundred Dollars ($500.00), or by imprisonment for a period not to exceed sixty (60) days, or by both such fine and imprisonment. Where notice shall have been given as hereinafter provided for in Section 7, which notice shall set a date certain for compliance with the terms or this ordinance, each date of non-compliance thereafter shall constitute a separate violation and misdemeanor. Section 7. NOTICE TO REMOVE NUISANCES: . Whenever the Commission shall make a factual decermination 1n any o}!en, public session, whether regularly scheduled or called by reason of emergency, that a nU1sance to public health, safety and welfare, as set forth in Section 3 above, shall exist on any lands or premises within the City of Ocoee, said Commission may require by resolution duly -4- adcpted, that said nuisance to public health, safety and welfare be removed by the owner and/or possessor of said lands or premises in accordance with such resolution and by a date certain. Said resolution shall set forth the factors . and circumstances giving rise to the nuisance to public health, safety and welfare, shall set a date for compliance with the terms of this ordinance, and shall provide for reasonable notice and demand to be furnished to the owner or possessor of the property In question in the manner herein- after set forth: (a) A copy of the above resolution, accompanied by a written demand for compliance with the terms of this ordinance, shall be served upon the owner and/or possessor of the land in ques- tion by registered United States mail, directed to him at his address as shown on the current tax rolls of the City or of Orange County. Said written demand shall notify said owner and/or possessor that if such demand shall not be comp- lied with within the time set forth, he may be prosecuted in accordance with this ordinance. In no event shall the time set forth for compliance with this ordinance be sooner than the date of the next regularly scheduled meeting of the City Co~~ission of the City of Ocoee. Said written demand shall notify said owner and/or possessor that he has the right to appear before the City Commission at such next regularly scheduled meeting and show cause, if any there be, why such nuisance should not be removed. . -5- .. . (b) In the event the Commission cannot readily determine the owner and/or possessor of the lands and premises in questioil, or in the event that the owner and/or possessor of said lands or premises cannot be located or an address determined for him, then, the Commission may publish its resolution and written demand as above described, one time in any newspaper of general circulation in the area wherein the lands or premises shall be located. Section 8. REMOVAL OF NUISANCES: Whenever a nuisance exists, and notice to remove said nUlsance shall have been given as provided in Section 6 and 7 above, and s~id nuisance shall not have been removed, the City Commission may direct the City Manager to cause said nuisance to be removed and/or abated. When so directed, the City Manager or a delegate may enter onto the property, public or private, to remove or abate such nuisance. Costs incurred in the removal of saiJ nuisance shall be taxed against the owner of the property, and the City shall have a lien on private property to the extent of their removal of such nuisances thereon. Section 9. SEv~RABILITY: . If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be uncon- stitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this ordinance, after exclusion of such part or parts, shall be deemed and held to be valid as if such part or parts had not been included herein. Ii this ordinance or any provision thereof shall be held inapplicable to any person, group of persons, property, kind of property, -6- I. . L " ," L~c) circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. Section 10. CONSTRUCTION: This ordinance shall be deemed to be cumulative aud supplementa: and in addition to any other act, law or ordinance relating to the regulations, control and abatement of nuisances and menaces to public health, safety and welfare as defined herein, or any zoning ordinance or regulation per- taining to residential areas of the City of Ocoee, Florida; provided, however, that this ordinance supersedes and repeals any existing ordinance which 1S 1n direct, irreconciliable conflict herewith. The provisions of this ordinance shall be liberally construed in ortier to effectively carry out the purposes of this ordinance in protecting the interest of the public health, safety 2nd welfare of the citizens and residents of the City of Ocoee, Florida. Section 11. EFFECTIVE DATE: This ordinance shall take effect irrunediately upon passage by the City Corrunission of the City of Ocoee, ?iorida. ENACTED this -.l.SJ.J1- day of _llar.d , 197~. CITY OF OCOEE, FLORIDA ATTEST: BY "5 s:.,~?Jd.-J.-# ~ (" S~ ' G~~ -7-