Fort Walton Beach Ordinance — 2127--Amending COO Chapter 5.02 Animal Control — reading text

READING, DATE 1st o_ 2nd ORDINANCE 2127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; AMENDING CHAPTER 5. 02 ANIMAL CONTROL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Health, Safety and Welfare of residents and visitors to the City of Fort Walton Beach is a top priority; and WHEREAS, the proper sanitary controls for animals can reduce the risk of disease to both humans and animals; and WHEREAS, the City desires to encourage the proper stewardship of animals so there is peace and tranquility throughout the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority, Florida Statute 166, Florida Statute 162, and the City Charter. SECTION 2. AMENDMENT OF CODE OF ORDINANCES CHAPTER 5. 02 — PROHIBITED BEHAVIORS. Chapter 5. 02 of the City of Fort Walton Beach Code of Ordinances shall be amended as follows: 5. 02. 046 - FaeesGeneral Conduct. a) No owner shall permit an animal to run at large at any city recreational facilityexcept on private property, where otherwise allowed by City rule, or cats that are spayed/ neutered. b) No animal shall be permitted to destroy or damage public r al or personal property; or interfere with the reasonable use and enjoyment of the parkspublic property. Community or Special Use Community park or near a recreational ai4cultural center. dc) Animals, other than service animals, are net permitted inside any recreational or cultural centerOnly service animals are permitted inside any public recreation or cultural center except where otherwise allowed by City rule. ed) The owner or custodian of an animal shall immediately remove and dispose of the animal' s waste upon any public or private property which they do not own/control when the owner or custodian of the animal could reasonably be expected to be aware of the waste or has received notice of the existence of the waste. e) No owner or custedian shall leave an animal closed ix-erceed to a vehicle at a temporarily securely tethered by a device that will not permit the animal to fall or jump from the ny operator of a motor vehicle that has injured an animal shall immediately notify the owner (if known), the animal control agency, or the City police department and advise as to the location and condition of the injured animal. g0 ' . y confined animal must be supplied with a sufficient quantity of food and water, and if kept in an enclosure, wholesome exercise must also be provided. Animals may not be confined in an unattended vehicle. 5. 02. 04 - Feeding of domestic animals. a) The feeding of domesticated animals outdoors shall take place primarily during daylight hours to minimize the risk of interactions with other wildlife to help prevent potential exposure to rabies. Any food provided after daylight hours shall only be provided for such time required for feeding, after which it shall be removed. b Feedin outdoors is onl allowed when an a. • ro. riate amount of food for dail consumption of the animal being cared for is provided. Food must be appropriately placed in a sanitary container sufficient for the animal being fed. Automatic feeders that are properly maintained and secured may be used to dispense daily food rations and may be present during night hours. Lc) Dumping excess quantities of food on the ground, except for the feeding of chickens section 5. 02. 05, placing excess quantities in bowls or other containers, and leaving open food packages is prohibited. d) Feeding outdoors must take place on the property owned by the person placing the food or be done with the consent of the property owner. Feeding on public property, road rights- of-way, parks, common land of a multifamily housing unit or any property without consent of the property owner is prohibited. 5. 02. 07.- Enforcement. a) Any person who violates this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, a violator shall be punished by a fine not to exceed five hundred dollars ($ 500. 00) or by imprisonment in the county jail not to exceed sixty 60) days, or by both a fine and imprisonment. This enforcement procedure and penalty for violations of this article is adopted under the express authority of F. S. § 162. 22. This article may be enforced by the Fort Walton Beach Police Department or Code Enforcement Officers. Violators may also be removed from the park as authorized pursuant to F. S. Ch. 810.09, trespass after warning. b) In addition to any criminal penalties which may be imposed, the City shall have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including: 1) Civil Citation;  2) Prosecution before the Fort Walton Beach Code Enforcement Board or Special Magistrate; 3) Injunctive relief to enjoin and restrain any person from violating this article; and 4) Any other relief available pursuant to law. SECTION 3. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: 5,¢4-et,i c a4. 3.o.. 3 chard A. Rynearson, ayor Attest: Approved fp-fo i , legal sufficiency 10. Kim . Barnes, City Clerk Kimberly Romano Kopp, Interim City Attorney Additions are underlined; . . . actoti FLORIO*