WHEREAS, in addition to the congenital and hereditary conditions resulting from
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1 ORDINANCE NO AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF THE CITY OF GREENACRES, FLORIDA, AMENDING CHAPTER 3, ANIMALS, SECTIONS 3-1 AND 3-8 AND CREATING A NEW SECTION 3-8; TO REVISE DEFINITIONS AND ADD REGULATIONS CONCERNING THE BREEDING AND SALE OF DOGS AND CATS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, accoding to the Humane Society of the United Stated, hundeds of thousands of dogs and cats in the United States have been housed and bed at substandad beeding facilities, known as " puppy mills" o " kitten factoies," that masspoduce animals fo sale to the public, many of which ae sold in pet stoes; and WHEREAS, because of the lack of pope animal husbandy pactices at those facilities, animals bon and aised thee ae moe likely to have genetic disodes and lack adequate socialization, while beeding animals utilized thee ae subject to inhumane housing conditions and ae indisciminately disposed of when they each the end of thei pofitable beeding cycle; and WHEREAS, in addition to the congenital and heeditay conditions esulting fom substandad beeding facilities, dogs and cats bed at these facilities may aive in pet stoes and thei new homes with giadia, pavovius, and distempe, illnesses that can tansmitted to healthyfamily animals; and WHEREAS, while not all dogs and cats sold in etail pet stoes ae the poduct of humane beeding conditions and not evey commecial beede selling dogs o cats to pet stoes opeates " puppy mills" o " kitten factoies," these facilities continue to exist in pat because of public demand fo the sale of dogs and cats in pet stoes; and WHEREAS, accoding to the Humane Society of the United States, Floida has the highest numbe of consume complaints submitted to the Humane Society and the highest numbe of complaints about puppies puchased fom pet stoes; and
2 Page 2 WHEREAS, pohibiting the etail sale of dogs and cats in the City will pomote community awaeness of animal welfae and will encouage pet consumes to adopt dogs and cats fom sheltes, theeby saving animals' lives and educing the cost to the public of shelteing animals. WHEREAS, the Planning and Engineeing Depatment has submitted a equest to amend Chapte 3, Animals; and WHEREAS, it has been detemined, in accodance with the Land Development Staff Repot and Recommendation, " Exhibit A" dated Mach 10, 2014 ( attached), that cetain amendments to the City Code ae appopiate; and WHEREAS, the City Council of Geenaces on Apil 7, 2014, has held a duly advetised public heaing to eview this equest; and WHEREAS, the City Council of Geenaces finds that it is in the best inteests of the citizens of the City of Geenaces that the povisions of Chapte 3 of the City' s Code be amended; and WHEREAS, the City Council of Geenaces finds that the amendments contained within this odinance will pomote the health, safety and welfae of the citizens of Geenaces. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF GREENACRES, FLORIDA, AS FOLLOWS: Section 1. Chapte 3 is heeby amended as follows: X X c x X E Sec Definitions The following wods, tems and phases, when used in this chapte, shall have the meanings ascibed to them in this section, except whee the context clealy indicates a diffeent meaning:
3 Page 3 Animal shall mean any live vetebate domesticated, fam o wild ceatue except human beings Animal escue oqanization means a duly incopoated nonpofit oganization devoted to the escue, cae and adoptinq of stay, abandoned o suendeed animals and which does not beed animals. Animal shelte means a municipal o elated public animal shelte o dulv_ incopoated nonpofit oqanization devoted to the escue, cae and adoation of stav_ abandoned o suendeed animals, and which does not beed animals. Cat means an animal of the Felidae family of the ode Canivoa. Doq means an animal of the Canidae family of the ode Canivoa. Domesticated animals shall mean dogs, cats, paots, paakeets, canaies, abbits, guinea pigs, hamstes, tutles o any othe animals which ae tamed by natue and not defined as fam animals o wild animals in this chapte so long as they ae kept and maintained in compliance with othe povisions of this chapte. Fam animals shall mean those domesticated animals which have histoically been used in, by o fo, the poduction of agicultual income o poducts o which ae geneally assumed by pevailing community standads to be associated with fam o agicultual uses, without egad to whethe a specific animal is consideed a pet o domesticated by its keepe o possesso. By way of example, and not by limitation, fam animals shall include sheep, goats, cattle, swine, hoses, chickens and ducks. n hio 4. inin fn foo c. ollinn l i n.. v cun-nt vi- u n..z v.scntg-vv a--vct. Nuisance shall mean any animal o animals which: 1) Molests passes by o passing vehicles; 2) Attacks othe animals; 3) Tespasses on pivate o public popety; 4) Repeatedly uns at lage; 5) Damages pivate o public popety; 6) Baks, whines, o howls in an excessive o continuous o untimely fashion. animals. Owne shall mean any peson owning, keeping o haboing one ( 1) o moe
4 Page 4 Pet shop shall mean any peson o establishment whethe opeated sepaately o in connection with anothe business entepise vno f lino oi-1 Lonnol o tansfes, o offes fo sale o tansfe e- beafds any species of animal. that s; sells Puppv o Kitten Mill means a facility whee doqs and cats ae bed fo the qupose of sellinq them and whee any two L)of the following conditions ae found to exist: 1) Moe than twenty (20 dogs ( unde the aqe of 12 weeks o moe than twenty 20) cats ( unde the aqe of 16 weeks) ae kept at a sinqle time; 2) No genetic (heedity health testinq appopiate fo the beed is conducted; 3) No long- tem foveone ( 1) vea] quaantees ae offeed; 4) A sinqle female is bed evey cycle; 5) A single female is bed moe than five (5 times; 6) Thee ae no ecods of the doqs' o cats' paents; 7) Moe than eight (8) doqs o cats ae kept in a sinqle caqe o kennel aea. h illiny f nili4v e. nno v li o.+ni-1 c h ll n ho lo h fn / I\ foo in ho.. h+ J, v aaviiia. p... h... i a. u7-ic. 7n Sl GTm G 1 T + n iim i c.. T Vicious animal shall mean any animal that constitutes a physical theat to human beings o othe animals. Wild animals shall mean those membes of the animal kingdom wild by natue which because of habitat, mode of life o natual instinct ae not customaily made tame, and equie the execise of at, foce o skill to keep them in subjection, without egad to whethe a specific animal is consideed a pet o domesticated by his keepe o possesso. By way of example, and not by limitation, wild animals shall include monkeys, accoons, skunks, foxes, poisonous snakes, consticting snakes such as pythons and boas, leopads, panthes and tiges, lions, lynxes o any othe wam blooded animal which can nomally be found in the wild state. Sec Beedinq and Retail Sale of Doqs and Cats. a) No pet shop shall display, sell, tade, delive, bate lease ent auction qive awayt tansfe, offefo sale otansfe, o othewise dispose of doqs o cats. b) It shall be unlawful fo any peson o entity to establish opeate o maintain a puppy o kitten mill. c) Exemptions. This section does not apply to: 1) A peson that sells, delives, offes fo sale, tades bates leases ents auctions, qives away, o othewise tansfes o disposes of doqs and/ o cats that wee bed and eaed on popety owned bv the peson povided that they ae not opeatinq a " puppy o kitten mill" as defined in Section 3-1, povided that
5 Page 5 thev ae not a " pet deale" as defined in Section ( 13) of the Floida Statutes and povided that the popety is not a " pet shop" as defined in Section ) An animal shelte. 3) An animal escue oqanization. 4) An animal shelte o animal escue oqanization that opeates out of o in connection with a pet shop. d) Nothinq in this section shall pohibit a pet shop fom povidinq space and a popiate cae fo animals owned by an animal shelte o animal escue oganization and maintained at the pet shop fo the pupose of facilitating adoption of those animals by the public. Sec Enfocement and penalty The povisions of this chapte shall be enfoced by the public safety depatment; and/ o the code enfocement boad chapte shall be subject to penalty and othe povisions of Section Any violation of this the Cases that ae sent to the code enfocement boad fo esolution may be subject to the additional penalties povided unde that authoity. All othe potions of Chapte 3 to emain unchanged and ae omitted fo bevityj F X f x X 7F Y k x Section 2. Repeal of Conflictinq Odinances. All Odinances o pats theeof o pats of the Code conflicting o inconsistent with the povisions of this Odinance ae heeby epealed. Section 3. Seveabilitv. If any section, pat of a section, paagaph, sentence, clause, phase o wod of this Odinance is fo any eason held o declaed to be unconstitutional, inopeative o void, such holdings of invalidity shall not affect the emaining potion of this Odinance and it shall be constued to have been the legislative intent to pass the Odinance without such unconstitutional, invalid o inopeative pat theein, and the emainde of this Odinance afte the exclusion of such pat o pats shall be deemed to be held valid as if such pat o pats had not been included theein, o if this Odinance o any of the povisions theeof
6 Page 6 shall be held inapplicable to any peson, goup of pesons, popety, kind of popety, cicumstances, o set of cicumstances, such holdings shall not affect the applicability theeof to any othe peson, popety o cicumstances. Section 4. Inclusion in Code. It is the intention of the City Council, enteed as heeby odained, that the povisions of this Odinance shall become and be made a pat of the Code of Laws and Odinances of the City of Geenaces, Floida; that the Section( s) of this Odinance may be enumbeed o e- letteed to accomplish such intention, and that the wod " Odinance" may be changed to "Section", "Aticle" o anothe wod. Section 5. Effective Date. The povisions of this Odinance shall become effective five (5) days afte it is adopted.
7 Page 7 Passed on the fist eading this 17th day of Mach, PASSED AND ADOPTED on the second eading this 7th day of Apil, Voted Samuel J ei John Thap Mayo Cou cilman, Distict I uv te t: Denise McGew City Clek y o GREEN, 9 I m ORPORATE C1) EAL 192t Q Pet Noble Councilman, Distict II e CN COU''' o c i# ugo l J Councilwoman, Distict III i i Jonatf n G. Peace CounG m., Distict IV a ousquet Cou cilwoman, Distict V Appoved s to Fom and ' gal Sufficiency: J/ f,f C. "- 1 L t./ l Pamela S. Teanova City Attoney
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