Fort Walton Beach Ordinance — 1816 animal in city sec 7.05.06 & 5.02 — reading text

READING 1st 2nd ORDINANCE 1816 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING AUTHORITY; AMENDING CHAPTER 7 BY REPEALING SECTION 7. 05. 06, ANIMAL CONTROL; AMENDING SECTION 5.02 TO INCLUDE PROVISIONS FROM SECTION 7. 05.06 AND ADDING OTHER PROVISIONS REGARDING ANIMAL CONTROL; AND SETTING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section 1. Authority & Intent The authority for enactment of this Ordinance is sections 166.021 ( 1) and the City Charter. The City Council fmds that the City is an urban area with relatively compact residential and commercial parcels within the City zoned as areas. There are no agriculture land or otherwise suitable for livestock maintenance or production. This ordinance is intended to maintain the character of the City, encourage appropriate development, and provide for the safety of the citizens. Therefore, the City Council finds that it is necessary for the public health, safety and general welfare of its citizens to regulate animal presence within the City limits. Section 2. Repeal of Section 7.05. 06 Pursuant to section 1. 03. 05, Code of Ordinances, the following sections of chapter 7 of Volume II of the Code of Ordinances are hereby repealed: Sections 7. 05. 06, et. seq. Section 3. Amendment of Chapter 5.02 Chapter 5. 02 of Volume II of the Code of Ordinances is hereby amended to read as follows: 5.02 Animal Control No persaB shall keep ar permit te nm.at large m the eity MY harse, dank-ey, baviae, ehiekeB ar goat. /'.. " lialatiaR af this S".;viBe, sheep, subseetioR is hereby deelared ta be a pablie Ruisaaee. A persaR eaRvieted of a "lialatioR of this ehapter shall be pamooed by a fiRe Rot exeeeding 500 or by imprisonment f-or a term Rat eKeeediag 60 days, Of by both ffi:1eh fme aad imprisoBm.eRt. With fespeet ta violatiofts af this ehapter that ar~ eafltm1:lOUS ". vith fespeet to time, eaeh day the yiolatian eOfltmues is a separate offease. 5. 02. 01 DeCmitions. Animal: Shall be construed to include every living dumb creature. Page 1 Custodian: Anv person or agent designated by the owner of an animal to provide care.. shelter.. refuge or food and otherwise control the animal' s actions. protection.. Direct control: The continuous physical control of a dog or cat immediate.. by means of a leash or other tether of sufficient strength to restrain the animal. Direct control shall not include verbal or aural control. Farm animal means all ungulates: including cattle.. swine.. horses.. mules.. goats and sheep: and ostriches and similar species. poultry.. Household vet means an animal but not limited to a including.. dog.. bird.. domesticated rodent ( such as a cat.. guinea etc. t gerbil.. pig.. hamster.. non- venomous and non-venomous that is ferret.. rabbit.. reptile.. amphibian.. kept as subordinate to residential use for the purpose of providing human companionship. The following animals are not considered household pets: wild animals defined bv the State of Florida Fish and Wildlife as Conservation and hoofed animals of any except Commission.. kind.. purebred miniature potbellied also known as Sus scrofa bittatus. The pigs.. Sus scrofa bittatus are considered household pets. Owner: Any natural association or corporation who person.. firm.. owns.. tran&ports. harbors or controls an including any custodian animal.. keeps.. This definition does not include the City. of an animal. 5. 02.02 Prohibition No person shall keep or 1;Jermit to run at large in the city any farm animal. 5. 02.03 Pets Household pets shall be kept in compliance with all applicable provisions of this the Okaloosa County Animal Control Code and code.. state law. 5. 02. 04 Bird Sanctuarv A. The entire area within the corporate limits of the city is hereby designated as a bird sanctuary. Adequate si~ s may be erected at entrances to the within the discretion of the signifying the designation council.. of the areacity.. within the city as a bird sanctuary. B. It shall be unlawful to maim or hunt with hunt..kill.. trap.. gun or attempt to in any manner shoot or otherwise molest birds or any wild slingshot.. to rob or otherwise molest the nests or birds fowl.. nesting: or located within the city. Page 2  5. 02. 05 Conditions of Animal Presence in Citv Recreational Parks and Facilities A. No owner shall uermit an animal to run at large at any city recreational facility. B. No animal shall be permitted to destroy or damage public real or personal or interfere with the reasonable use and enjoyment of property.. the parks. C. The owner of an animal shall have direct control at all times an animal is in a Community or Special Use Community park or near a recreational and cultural center. D. other than dogs used to aid the are not permitted Animals.. blind.. inside any recreational or cultural center. E. The owner or custodian of an animal shall immediately remove and dispose of the animal' s waste upon any public or private property 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. F. No owner or custodian shall leave an animal closed in or confined to a vehicle at a park.. or cultural center unless the recreational.. animal is confmed in a c~ e or container or temporarily securely tethered by a device that will not permit the animal to fall or jump from the vehicle.. and that provides adequate air for its consumption. G. No person shall sponsor or participate in a 'Performing conduct.. animal circus or rodeo in which animals are induced or exhibition.. display.. encouraged to perform through the use of electrical chemical.. mechanical.. or manual devices in a manner which will or is cause.. likely to cause.. physical injury or suffering. All equipment on performing animals shall fit properly and be in good working condition. Section 4. Effective Date This ordinance shall take effect upon approval of the City Council and signature of the Mayor. NI~/ J / 0 4. JtXJ 9 ItUk ~ Adopted ' Mike Anderson, Mayor Page 3