Okaloosa County BOCC — August 19, 2014 — reading text

forth in section 2-4-2 of the Manatee County Code of Ordinances shall apply to this section. (b) Applicability. The requirements established in this section shall apply in the unincorporated area of Manatee County. (c) General requirements. (1) A maximum of four (4) chickens may be kept or maintained on residential property. (2) Chickens shall be kept or maintained for personal use only. No person who owns, possesses, keeps, or maintains chickens on residential property shall sell any eggs or manure from such chickens. Packet Pg. 395  (3) Chickens shall be confined securely inside an enclosure on the residential property between the hours from dusk to dawn. (4) Chickens shall be confined inside an enclosure or within a fenced area on the residential property between the hours from dawn to dusk. (5) No person shall intentionally release any chicken from or allow any chicken to remain outside of an enclosure or fenced area on the residential property. (6) Except as otherwise provided in subsection (f) of this section, no chicken shall be slaughtered on residential property. (7) No dog or other animal that bites, attacks, endangers, injures, or kills a chicken shall be considered a dangerous dog as defined in section 2-4-2 or a vicious animal as described in section 2-4-10 of the Manatee County Code of Ordinances. (8) All applicable provisions set forth in article I of chapter 2-4 of the Manatee County Code of Ordinances shall apply to this section. In the event of a conflict between any provision of article I of chapter 2-4 and this section, the requirements of this section shall prevail. (d)Requirements for enclosures and fenced areas. (1) The enclosure and fenced area shall be located in the rear yard on the residential property. No enclosure or fenced area shall be located in the front yard or side yard on the residential property. (2) The enclosure and fenced area shall be located at least ten (10) feet from the property line of any adjacent residential property and at least twenty-five (25) feet from any adjacent residential dwelling. (3) The enclosure shall provide at least four (4) square feet of space per chicken. (4) The enclosure shall be constructed and maintained to prevent pests from being harbored within or underneath such enclosure. The enclosure shall be impermeable to pests, wild birds and predators, including dogs and cats. (5) No permit shall be required for construction, erection, alteration, modification, repair, or demolition of any enclosure, provided that such enclosure does not exceed the size limitations for permits under the Florida Building Code. (e) Health and sanitation requirements. (1) The enclosure and fenced area shall be maintained in a clean and sanitary condition and free from pests at all times. (2) No person who owns, possesses, keeps, or maintains chickens on residential property shall allow any such chicken to create or contribute to any nuisance condition which is detectable at the property line. (f) Exceptions. (1) This section shall not apply to any real property zoned for agricultural purposes, including, but not limited to, property located in a zoning district designated as General Agriculture (A) and Agricultural Suburban (A-1) under the Manatee County Land Development Code. Packet Pg. 396  (2) This section shall not apply to any real property subject to a development order approved by Manatee County which prohibits or regulates chickens on residential property within such development. (3) This section shall not apply to any activity of a bona fide farm operation as provided in Section 823.14, Florida Statutes. (4) This section shall not prohibit, restrict, infringe on, or interfere with any religious belief or practice under the Free Exercise Clause of the First Amendment to the United States Constitution which may involve the slaughter or sacrifice of animals. (5) This section shall not prohibit any property owner or association from establishing or enforcing private restrictions, including, but not limited to, deed restrictions, restrictive covenants, or declarations of covenants and restrictions, on private property within subdivisions, condominiums, or cooperatives relating to chickens on residential property. (g) Enforcement. This section shall be enforced in the same manner as provided in sections 2-4- 18 through 2-4-27 of the Manatee County Code of Ordinances. Packet Pg. 397 Walton County Nuisance Animals Sec. 5-26. Title. This article shall be known as and may be cited as the "Walton County Animal Control Ordinance." Sec. 5-27. Geographical areas covered. This article shall apply in all unincorporated areas of Walton County, excluding U.S. Air Force properties, state, and federal lands. Sec. 5-28. Definitions. For the purpose of this chapter, the following words and terms shall be defined as follows: (a) "Animal" shall mean dogs and cats. (b) "Animal control shelter" shall mean any premises designated by the action of the board for the purpose of impounding and caring for all animals found in violation of this article. (c) "Animal control officer" shall mean a person or persons designated by the board to enforce the provisions of this chapter who is authorized to investigate civil infractions relating to animal control or cruelty and to issue citations as provided in this section and has successfully completed a 40 hour minimum standards training course as per F.S. § 828.27. An animal control officer is not authorized to bear arms or make arrests; however such officer may carry a device to chemically subdue and tranquilize an animal, provided such officer has completed a minimum of 16 hours of training in marksmanship, equipment handling, safety and animal care, and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association. (d) "At large" shall mean off the premises of the owner, and not under the direct control, custody, charge or possession of the owner, or other responsible person. (e) "Board" shall mean the Walton County Board of County Commissioners. (f) "Cat" shall mean the domestic cat, Felis catus. (g) "Citation" shall mean a written notice, issued to a person by an officer, that the officer has probable cause to believe that person has committed a civil infraction in violation of this article, and that the county court will hear the charge. The citation must contain: (1) The date, time and place of issuance. (2) The name, address, date of birth, and other forms of identification, such as a Florida driver's license number, of the person receiving the citation, to the extent such information is provided to the officer. (3) The date, time and place the civil infraction was committed. (4) The facts constituting probable cause. Packet Pg. 398  (5) The ordinance violated. (6) The name and authority of the pofficer. (7) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court for aggravated violations. (8) The applicable civil penalty if the person elects to contest the citation. (9) The applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (11) A conspicuous statement that if the person is required to appear in court for an aggravated violation of this article, he or she does not have the option of paying a fine in lieu of appearing in court. (12) The names and addresses of witnesses to the infraction known to the officer at the time of issuance. (h) "County" shall mean Walton County, Florida. (i) "Direct control" shall mean immediate and continuous physical control of an animal at all times such as by means of a fence, leash, cord, or chain of sufficient strength to restrain the same, or in a vehicle. Animals under direct control shall at all times have access to shelter, water, and food. This does not preclude walking dogs on a leash. (j) "Dog" shall mean the domestic dog, Canis lupus familiaris. (k) "Nuisance animal" shall mean: (1) Any animal that may pose a threat to a person or passing vehicle; or (2) Any animal off the owner's premises that attacks other animals; or (3) Any animal which trespasses on school grounds or public places, other than a service animal; or (4) Any animal, which damages private or public property. This includes depositing its waste on other than its owner's property; or (5) Any animal, which scatters garbage or trash; or (6) Any female animal in heat not properly restrained; or (7) Any animal which habitually or continuously barks, whines, howls, meows, cries, screams, or causes objectionable noises when unprovoked; "habitually and continuously" shall mean periods of ten minutes or more of constant noise, or two or more repeated periods of five minutes or more of constant noise within one hour; or (8) Any animal which trespasses onto the private property of another; or (9) Any animal whose owner abandoned it by refusing to continue to provide it control and care and by releasing it to run at large. (l) "Offense" shall mean any violation of this article. (m) "Officer" shall mean any law enforcement officer defined in F.S. § 943.10, or any animal control officer. Packet Pg. 399  (n) "Owner or custodian" shall mean any person harboring, feeding or maintaining an animal for a period of five consecutive days or more. This does not include the animal control shelter. (o) "Pet dealer" shall mean any person, firm, partnership, corporation, or other association which, in the ordinary course of business, engages in the sale of more than two litters, or 20 dogs or cats, per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to a consumer. (p) "Public beach" shall be defined as: (1) The land from the mean high tide line to the Gulf of Mexico; (2) The sandy area next to the mean high tide on which the public has had customary use. (q) "Service animal" shall mean any animal trained to assist a disabled person. (r) "Trespass" shall mean any animal owner allowing