Fort Walton Beach Council agenda — 11-10-2009 - regular — reading text

49-  Page 1 of 2 Robert Mearns From: Helen Spencer Sent: Wednesday, November 04, 2009 1: 53 PM To: Robert Nabors; Bill Patterson; Dennis Reeves; Dick Rynearson; Virgil Miller; Bill Garvie; Mike Anderson; Mike Holmes Cc: Robert Mearns; ' Toni Craig'; Brandy Wunker Subject: FW: E -mail to the City Council FOR Helen Spencer City Clerk -Fort Walton Beach 850 -833 -9509 850 -833 -9640 -Fax hspencer(d_) fwb. org Original Message---- - From: prescottd [ mailto: prescottd @cox. net] Sent: Wednesday, November 04, 2009 11: 30 AM To: Helen Spencer Subject: E -mail to the City Council Gentlemen, I read with amazement that " Pot- bellied pigs" are about to be allowed in the City of Fort Walton Beach. I thought this had been " hashed" out in ' 97 and ' 98 and that it was a done deal that these animals would not be allowed in the City of FWB. All that I am about to say should be in the minutes of " 97 and /or "98. In June of 1997, 1 retired from the school system and that summer I was working in my flower beds and looked up to see two 2 1/ 2 - 3 ft. tall pigs staring me in the face through the fence. Someone from the Code Enforcement Board came out, took pictures, etc. To make a long story short, I appeared before the Code Enforcement Board twice as well as the City Council. The Council wrote the University of Florida to see what they were classified as. The University said they were " SWINE." The people who owned them invited other owners from South Florida who said they kept them in their house, slept with them and that they did not smell because they fed them dog food! This was not so. Even my yardman asked me what smelled so bad in my back yard! All but 2 -3 people in the neighborhood signed a petiition saying they did not want them in the neighborhood. 11/ 4/ 2009 - 50-  Page 2 of 2 The Council ( and Code Enforcement Board) decided against allowing them and the couple sent them to a " pot bellied pig" farm somewhere in Georgia was my understanding. I understand that it has been a good while since this happened and all of you are new but PLEASE, PLEASE, don' t pass a yes on this. Won' t that invite other farm animals like goats, cows, etc. to be allowed in the city? By the way, I live in Bayou Woods and that cute little pig doesn' t live that far from me and he is going to growM 11/ 4/ 2009 - 5-  ORDINANCE 1816 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, 4 FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 7 5 BY REPEALING SECTION 7. 05. 06, ANIMAL CONTROL; 6 AMENDING SECTION 5. 02 TO INCLUDE PROVISIONS FROM 7 SECTION 7.05. 06 AND ADDING OTHER PROVISIONS 8 REGARDING ANIMAL CONTROL; AND SETTING AN 9 EFFECTIVE DATE. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 12 THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: 13 14 Section 1. Authority & Intent 15 The authority for enactment of this Ordinance is sections 166. 021 ( 1) and the City 16 Charter. The purpose of this Ordinance is to control the keeping of domestic and farm 17 animals so as to prevent the creation of nuisances. The City Council finds that the City is 18 an urban area with relatively compact residential and commercial areas. There are no 19 parcels within the City zoned as agriculture land or otherwise suitable for livestock 20 maintenance or production. This ordinance is intended to maintain the character of the 21 City, encourage appropriate development, and provide for the safety of the citizens. 22 Therefore, the City Council finds that it is necessary for the public health, safety and 23 general welfare of its citizens to regulate animal presence within the City limits. 24 25 Section 2. Repeal of Section 7.05. 06 26 Pursuant to section 1. 03. 05, Code of Ordinances, the following sections of chapter 27 7 of Volume II of the Code of Ordinances are hereby repealed: Sections 7. 05.06, et. seq. 28 29 Section 3. Amendment of Chapter 5. 02 30 Chapter 5. 02 of Volume II of the Code of Ordinances is hereby amended to read 31 as follows: 32 33 5.02 Animal Control 34 35 deice , , t,;,,, , T,; zn- % er ge eef6lEen- vr---- violation ef this vxvrutxvxx - vr 36 37 500 er- by ;,.,.Tfis,,,,meat fir n + om not e. eeed ng 60 days , by b,, nr 38 $ 39 •+^ 4/VV ! r.• ne. + ; f iFi, LQ' +C1ZS1L— T+tTGIr day the v 41 separate e - ffense. 42 43 5.02. 01 Definitions. 44 Animal. Shall be construed to include every living dumb creature. 52- 45 46 ted by the owner of an animal to Custodian: Apy person or agent designated 47 provide care, shelter, protection, refuge or food and otherwise control the 48 animal' s actions. 49 50 Direct control: The immediate, continuous physical control of a do r cat o 51 by means of a leash or other tether of sufficient strength to restrain the 52 animal. Direct control shall not include verbal or aural control. 53 54 Farm animal means all ungulates; including cattle, swine, horses, mules, 55 goats and sheep; and poultry, ostriches and similar species. 56 57 Household pet means an animal including, but not limited to a dog, bird, 58 domesticated cat, rodent ( such as a gerbil, guinea pig, hamster, etc.), 59 ferret, rabbit, non- venomous reptile, and non -venomous amphibian, that is 60 kept as subordinate to residential use for the purpose ofviding human 61 companionship. The following animals are not considered household pets: 62 wild animals as defined by the State of Florida Fish and Wildlife 63 Conservation Commission, and hoofed animals of any kind, except 64 purebred miniature potbellied pigs, also known as Sus scrofa bittatus. The 65 Sus scrofa bittatus are considered household pets. 66 67 Owner: Any natural person, firm, association or corporation who owns, 68 keeps, transports, harbors or controls an animal, including any custodian 69 of an animal. This definition does not include the City. 70 71 5. 02. 02 Prohibition 72 No person shall keep or permit to run at large in the city farm 73 animal. 74 75 5. 02.03 Pets 76 Household pets shall be kept in compliance with all applicable 77 provisions of this code, the Okaloosa County Animal Control Code and 78 state law. 79 80 5. 02.04 Bird Sanctuary 81 A. The entire area within the corporate limits of the city is hereby 82 designated as a bird sanctuary. Adequate si a s may be erected at entrances 83 to the city, within the discretion of the council, signifying the designation 84 of the area within the city as a bird sanctuary. 85 86 B. It shall be unlawful to hunt, kill, maim or trap, hunt with 87 slin hot, gun or attempt to in any manner shoot or otherwise molest birds 53- 88 or any wild fowl, to rob or otherwise molest the nests or birds nesting or 89 located within the city. 90 91 5. 02.05 Conditions of Animal Presence in City Recreational Parks and 92 Facilities 93 A. No owner shall permit an animal to run at large at any city 94 recreational facility. 95 96 B. No animal shall be permitted to destroy or damage public real 97 or personal property, or interfere with the reasonable use and enjoyment of 98 the parks. 99 100 C. The owner of an animal shall have direct control at all times an 101 animal is in a Community or Special Use Community park or near a 102 recreational and cultural center. 103 104 D Animals, other than dogs used to aid the blind, are not permitted 105 inside any recreational or cultural center. 106 107 E The owner or custodian of an animal shall immediately remove 108 and dispose of the animal's waste upon any public or private property 109 when the owner or custodian of the animal could reasonably be expected 110 to be aware of the waste or has received notice of the existence of the ill waste. 112 113 F. No owner or custodian shall leave an animal closed in or 114 confined to a vehicle at a park, recreational, or cultural center unless the 115 animal is confined in a cage or container or temporarily securely tethered 116 by a device that will not permit the animal to fall or jump from the vehicle, 117 and that provides adequate air for its consumption. 118 119 G No person shall conduct, sponsor or participate in a performing 120 animal exhibition, display, circus or rodeo in which animals are induced or 121 encouraged to perform throughh the use of chemical, mechanical, electrical 122 or manual devices in a manner which will cause, or is likely to cause, 123 physical injury or suffering All equipment on performing animals shall fit 124 properly and be in good working condition. 125 126 127 Section 4. Effective Date 128 This ordinance shall take effect upon approval of the City Council and signature of 129 the Mayor. 130 131 54- 132 133 Adopted Mike Anderson, Mayor 134 135 Attest: Approved for form and legal sufficiency. 136 137 138 Helen A. Spencer, City Clerk Toni L. Craig, City Attorney 139 140 141 New language is underlined. 142 Deleted language is stfie. 143 144 Codification Instructions: Section 2 amends chapter 7 by repealing the specific sections 145 listed; section 3 amends chapter 5 by adding the specific sections as stated; sections 1 and 146 4 are not codified. 55-  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM Office of the City Manager DATE: October 8, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Meares, City Manager SUBJECT: Animal Control Ordinance 1. Background 1. 1 At the Regular City Council meeting on August 11, 2009 Lyndon and Diana Clevenger, 107 Rainbow