Item 10 Second Reading of Ordinance Regulating the Retail Sale of Dogs, Cats and Rabbits by Pet Stores 11111S
ocoee
Florida
AGENDA ITEM COVER SHEET
Meeting Date: September 21, 2021
Item # 10
Reviewed By:
Contact Name: Scott Cookson Department Director:
Contact Number: 407-581-9800 City Manager: Robert Frank
Subject: Ordinance Regulating the Retail Sale of.Dogs,.Cats and Rabbits by Pet Stores
Background Summary:
On June 24, 2021, the Board of County Commissioners of Orange County enacted an ordinance
prohibiting the retail sale of dogs, cats and rabbits in Orange County. The Orange County Charter
specifically provides no county ordinance shall be effective within a municipality if the municipality
maintains an ordinance covering the same subject matter or activity as the County Ordinance.
City Staff has determined that the existing "Chews A Puppy" pet store within the City of Ocoee is
engaged in the retail sale of dogs, cats and rabbits and, absent this proposed Ordinance, would be
prohibited from engaging in the retail sale of dogs, cats and rabbits. The proposed ordinance would
create a limited exemption for the existing Chews A Puppy pet store to continue operating within the
City provided, however, it operates under the same brand, business model, size, and in compliance
with all other applicable existing City regulations. All other pet stores within the City will be prohibited
from engaging in the retail sale of dogs, cats and rabbits as of the effective date of the ordinance.
City Staff has determined that the continued ability of the one existing pet store within the City engaged
in the retail sale of dogs, cats, and rabbits and the prohibition of any other pet store within the City to
engage in the retail sale of dogs, cats and rabbits, is in the best interest of the health, safety and welfare
of its residents, citizens and public at large and has provided three (3) ordinance options for the
Commission's consideration.
Issue:
1. Should the City Commission enact an Ordinance prohibiting pet stores within the City of Ocoee
from engaging in the retail sale of dogs, cats and/or rabbits while creating a limited exemption
for one existing pet store to continue operating within the City?
2. Should the City Commission enact an Ordinance prohibiting pet stores within the City of Ocoee
from engaging in the retail sale of dogs, cats and/or rabbits while creating a limited exemption
for one existing pet store to continue operating within the City which shall lose its ability to
engage in the retail sale of dogs, cats and/or rabbits upon relocation or sale of the business?
3. Should the City Commission enact an Ordinance prohibiting pet stores within the City of Ocoee
from engaging in the retail sale of dogs, cats and/or rabbits while creating a limited exemption
for one existing pet store to continue operating within the City which shall lose its ability to
engage in the retail sale of dogs, cats and/or rabbits upon relocation or sale of the business
unless the business is sold to an immediate family member of the current owner?
Recommendations:
Staff recommends that the City Commission enact one of the above-referenced Ordinances which will
prohibit pet stores within the City of Ocoee from engaging in the retail sale of dogs, cats and/or rabbits
while creating a limited exemption for one existing pet store to continue operating within the City with
certain other exceptions, as applicable.
Attachments:
Three (3) Proposed Ordinances
Financial Impact:
N/A
Type of Item: (please mark with an "x')
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading ° x:: Public Hearing'
Resolution _Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by N/A
2
4842-4310-8347,v. 1
ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ANIMALS; ENACTING SECTION 3 OF
CHAPTER 43 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE; REGULATING THE RETAIL SALE OF
DOGS, CATS AND RABBITS BY PET STORES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE
WHEREAS, on June 24, 2021, the Board of County Commissioners of Orange County,
Florida enacted Ordinance Number 2021-27 providing for the prohibition of the retail sale of dogs,
cats, and rabbits in Orange County, Florida.
WHEREAS, Section 704 of the Orange County Charter provides that no county ordinance
shall be effective within a municipality if the municipality maintains an ordinance covering the
same subject matter, activity or conduct as the county ordinance.
WHEREAS, the City Commission of the City of Ocoee has determined that there exists
one (1) pet store within the City of Ocoee engaged in the retail sale of dogs, cats and rabbits
presently located at 11167 W. Colonial Drive, Ocoee,Florida 34761 that would be prohibited from
engaging in the retail sale of dogs, cats and rabbits by the county's ordinance absent an ordinance
adopted by the City of Ocoee covering the same subject matter, activity or conduct as the county
ordinance.
WHEREAS,the City Commission of the City of Ocoee deems the continued ability of the
one (1) existing pet store within the City of Ocoee to engage in the retail sale of dogs, cats and
rabbits to be in the best interest of the health, safety and welfare of its residents and citizens and
the public at large.
WHEREAS, the City Commission of the City of Ocoee deems that prohibiting any other
pet stores within the City of Ocoee from engaged in the retail sale of dogs, cats and rabbits to be
in the best interest of the health, safety and welfare of its residents and citizens and the public at
large.
WHEREAS, the City Commission of the City of Ocoee desires to enact Section 3 of
Chapter 43 of the Code of Ordinances the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION ONE. 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, Chapter
166, Florida Statutes, and Section C-8 of the Charter of the City of Ocoee.
Pet Store Ordinance
Page 1 of 3
SECTION TWO. Enactment. New Section 3 of Chapter 43 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby enacted to read as follows:
§ 43-3. Retail Sale of Dogs, Cats and Rabbits.
(a) It shall be a violation of this section for a pet store to engage in the retail sale
of any dog, cat or rabbit within the City of Ocoee.
(b) Nothing in this section shall prevent a pet store from providing space and
appropriate food, shelter and care for animals owned by any animal rescue
organization or animal shelter to display dogs, cats, and/or rabbits for adoption.
(c) Notwithstanding anything contained herein to the contrary,the existing"Chews
A Puppy" pet store, located at 11167 W. Colonial Drive, may continue to
engage in the retail sale of dogs, cats and rabbits. Provided all other applicable
existing city regulations are complied with and provided that the pet store is
operated under the same brand and same business model, such pet store shall
(i) be permitted to relocate from its existing location to another location within
the City of Ocoee; or(ii)expand its existing location. However,such relocation
or expansion shall not result in a store that is more than fifty percent (50%)
larger on a square foot basis than the existing store location without the prior
approval of the City Commission of the City of Ocoee.
SECTION THREE. 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 FOUR. 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 work or
phase 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 authorized by the City Manager,without
need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.
SECTION FIVE. Effective Date. This Ordinance shall be effective immediately upon
passage and adoption
Pet Store Ordinance
Page 2 of 3
PASSED AND ADOPTED this day of , 2021.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2021
READ FIRST TIME , 2021;
READ SECOND TIME AND
ADOPTED , 2021
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA;APPROVED
AS TO FORM AND LEGALITY
this day of , 2021.
SHUFFIELD,LOWMAN & WILSON, P.A.
By:
City Attorney
Pet Store Ordinance
Page 3 of 3
ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ANIMALS; ENACTING SECTION 3 OF
CHAPTER 43 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE; REGULATING THE RETAIL SALE OF
DOGS, CATS AND RABBITS BY PET STORES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE
WHEREAS, on June 24, 2021, the Board of County Commissioners of Orange County,
Florida enacted Ordinance Number 2021-27 providing for the prohibition of the retail sale of dogs,
cats, and rabbits in Orange County, Florida.
WHEREAS, Section 704 of the Orange County Charter provides that no county ordinance
shall be effective within a municipality if the municipality_maintains an ordinance covering the
same subject matter, activity or conduct as the county ordinance.
WHEREAS, the City Commission of the City of Ocoee has determined that there exists
one (1) pet store within the City of Ocoee engaged in the retail sale of dogs, cats and rabbits
presently located at 11167 W. Colonial Drive, Ocoee,Florida 34761 that would be prohibited from
engaging in the retail sale of dogs, cats and rabbits by the county's ordinance absent an ordinance
adopted by the City of Ocoee covering the same subject matter, activity or conduct as the county
ordinance.
WHEREAS,the City Commission of the City of Ocoee deems the continued ability of the
one (1) existing pet store within the City of Ocoee to engage in the retail sale of dogs, cats and
rabbits to be in the best interest of the health, safety and welfare of its residents and citizens and
the public at large.
WHEREAS, the City Commission of the City of Ocoee deems that prohibiting any other
pet stores within the City of Ocoee from engaged in the retail sale of dogs, cats and rabbits to be
in the best interest of the health, safety and welfare of its residents and citizens and the public at
large.
WHEREAS, the City Commission of the City of Ocoee desires to enact Section 3 of
Chapter 43 of the Code of Ordinances the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA,AS FOLLOWS:
SECTION ONE. 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, Chapter
166, Florida Statutes, and Section C-8 of the Charter of the City of Ocoee.
Pet Store Ordinance
Page 1 of 3
4833-8039-2443,v.3
SECTION TWO. Enactment. New Section 3 of Chapter 43 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby enacted to read as follows:
§ 43-3. Retail Sale of Dogs, Cats and Rabbits.
(a) It shall be a violation of this section for a pet store to engage in the retail sale
of any dog, cat or rabbit within the City of Ocoee.
(b) Nothing in this section shall prevent a pet store from providing space and
appropriate food, shelter and care for animals owned by any animal rescue
organization or animal shelter to display dogs, cats, and/or rabbits for adoption.
(c) Notwithstanding anything contained herein to the contrary,the existing"Chews
A Puppy" pet store, located at 11167 W. Colonial Drive, may continue to
engage in the retail sale of dogs, cats and rabbits, provided all other applicable
existing city regulations are complied with. Notwithstanding the foregoing,
such pet store shall not be permitted to engage in the retail sale of dogs, cats
and rabbits upon(i) relocation of the pet store from its existing location within
the City of Ocoee; or (ii) sale of the pet store within the City of Ocoee.
SECTION THREE. 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 FOUR. 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 work or
phase 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 maybe authorized by the City Manager,without
need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.
SECTION FIVE. Effective Date. This Ordinance shall be effective immediately upon
passage and adoption
Pet Store Ordinance
Page 2 of 3
4833-8039-2443,v.3
PASSED AND ADOPTED this day of , 2021.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2021
READ FIRST TIME , 2021;
READ SECOND TIME AND
ADOPTED , 2021
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA;APPROVED
AS TO FORM AND LEGALITY
this day of , 2021.
SHUFFIELD,LOWMAN & WILSON,P.A.
By:
City Attorney
Pet Store Ordinance
Page 3 of 3
4833-8039-2443,v.3
ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ANIMALS; ENACTING SECTION 3 OF
CHAPTER 43 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE; REGULATING THE RETAIL SALE OF
DOGS, CATS AND RABBITS BY PET STORES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE
WHEREAS, on June 24, 2021, the Board of County Commissioners of Orange County,
Florida enacted Ordinance Number 2021-27 providing for the prohibition of the retail sale of dogs,
cats, and rabbits in Orange County, Florida.
WHEREAS, Section 704 of the Orange County Charter provides that no county ordinance
shall be effective within a municipality if the municipality maintains an ordinance covering the
same subject matter, activity or conduct as the county ordinance.
WHEREAS, the City Commission of the City of Ocoee has determined that there exists
one (1) pet store within the City of Ocoee engaged in the retail sale of dogs, cats and rabbits
presently located at 11167 W. Colonial Drive,Ocoee,Florida 34761 that would be prohibited from
engaging in the retail sale of dogs, cats and rabbits by the county's ordinance absent an ordinance
adopted by the City of Ocoee covering the same subject matter, activity or conduct as the county
ordinance.
WHEREAS,the City Commission of the City of Ocoee deems the continued ability of the
one (1) existing pet store within the City of Ocoee to engage in the retail sale of dogs, cats and
rabbits to be in the best interest of the health, safety and welfare of its residents and citizens and
the public at large.
WHEREAS, the City Commission of the City of Ocoee deems that prohibiting any other
pet stores within the City of Ocoee from engaged in the retail sale of dogs, cats and rabbits to be
in the best interest of the health, safety and welfare of its residents and citizens and the public at
large.
WHEREAS, the City Commission of the City of Ocoee desires to enact Section 3 of
Chapter 43 of the Code of Ordinances the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION ONE. 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, Chapter
166, Florida Statutes, and Section C-8 of the Charter of the City of Ocoee.
Pet Store Ordinance
Page 1 of 3
4811-2123-5707,v. 1
SECTION TWO. Enactment. New Section 3 of Chapter 43 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby enacted to read as follows:
§ 43-3. Retail Sale of Dogs, Cats and Rabbits.
(a) It shall be a violation of this section for a pet store to engage in the retail sale
of any dog, cat or rabbit within the City of Ocoee.
(b) Nothing in this section shall prevent a pet store from providing space and
appropriate food, shelter and care for animals owned by any animal rescue
organization or animal shelter to display dogs, cats, and/or rabbits for adoption.
(c) Notwithstanding anything contained herein to the contrary,the existing"Chews
A Puppy" pet store, located at 11167 W. Colonial Drive, may continue to
engage in the retail sale of dogs, cats and rabbits, provided all other applicable
existing city regulations are complied with. Notwithstanding the foregoing,
such pet store shall not be permitted to engage in the retail sale of dogs, cats
and rabbits upon (i) relocation of the pet store from its existing location within
the City of Ocoee; or (ii) sale of the pet store within the City of Ocoee unless
said sale is to an immediate family member,spouse,or ex-spouse of the existing
owners of the pet store.
SECTION THREE. 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 FOUR. 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 work or
phase 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 authorized by the City Manager,without
need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.
SECTION FIVE. Effective Date. This Ordinance shall be effective immediately upon
passage and adoption
Pet Store Ordinance
Page 2 of 3
4811-2123-5707,v.1
PASSED AND ADOPTED this day of , 2021.
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
ADVERTISED , 2021
READ FIRST TIME , 2021;
READ SECOND TIME AND
ADOPTED , 2021
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE,FLORIDA;APPROVED
AS TO FORM AND LEGALITY
this day of , 2021.
SHUFFIELD,LOWMAN &WILSON,P.A.
By:
City Attorney
Pet Store Ordinance
Page 3 of 3
4811-2123-5707,v. 1
COPY OF ADVERTISEMENT
Date Published and Media Name
The West Orange Times Thursday,September 9. 2021
• Advertisement or Article
I±IRST INSERTION
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A Public hearing before the 086iii:City Commission mill ha held ltteaday„Sep-`'::
• teniber21,pO2i,at 6;1s p.m.or as soon thereafter as may be heard,in the Coln,:
mission Chambers of Hatt at 150.North.i,akeshore.Drive,Ocoee,Ilorida,to.
:.....
AN ORDINANCE OF THE CITY OP OCOEE,FLORIDA,RELATING
TO.ANIMALS;ENACTING SECTION 3 OF CHAPTER 43.OF.THE
`:CODE OF.ORDINANCES OF THE CITY..OF OCOEE;
ING THE RETAIL SALE.OF DOGS,CATS AND IBABBITS.l3Y YET
• :STORES; PROVIDING FOR SEVERABII.ITY;:PROVIDING.FOR
:CODIFICATION;PROVIDING AN EFFECTIVE DATE, `.::: :'
City Hail is open to the public.The Ocoee City Commission may continue the public
healing to other dates and times,as it deems necessary,If a person decides to appeal
any decision made by the City Comniigsion with respect to any matter cogsidered.:
at such hearing,they will need a record of the proceedings,and for such purpose..
they may need to ensure that a verbatim record of the proceedings is made,which
record includes the testimony and evidence upon which the.appeal is to.be:based.
In accordance with.the Americans with Disabilities Act,persons needing a special.
acconiinodation or an interpreter to participate in.this proceeding should contact.',
.City.Clerk's office at 497-905-2105 at least two days prior to the date of hearing.
Sej4teniber9.2021....:.:::::: ''`:`:.....;•• " ::, :: `::``: 21-03327W•