V(A) Public Hearings and Second Readings: Ordinance No.96-04, Adopting Orange County Animal Services Ordinance. AGENDA 4-2-96
f / Item V A
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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
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MILWAUKEE LONDON
MADISON POST OFFICE BOX 2193 PARIS
CHICAGO ORLANDO, FL 32802-2193 SINGAPORE
WASHINGTON,D.C. STUTTGART
TAIPEI
March 29, 1996
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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
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AGENDA 3-19-96
"CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" Item VI A 1
Ocoee J• DLL,1 VHIVUCKIaKIrI
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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
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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
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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