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04-08-14 Workshop Meeting
CITY COMMISSION LktLl?:X1 tff:1[ H CITY OF DELRAY BEACH, FLORIDA WORKSHOP MEETING - TUESDAY, APRIL 8, 2014 Jim. Ica 6:00 P.M. DELRAY BEACH CITY HALL r� 2001 The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. WORKSHOP AGENDA 1. Joint Session with the Green Implementation Advancement Board 2. Discussion of the 2015 Budget Process and Assumption 3. Proposed Ordinance regarding Sea Turtle Protection 4. Proposed Ordinance regarding Panhandling 5. Proposed Ordinance regarding Prohibition of Puppy Mills 6. Update on Federal Highway Beautification Project 7. Discussion of Code Enforcement and Police Department Merger 8. Commission Comments Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: Mayor and City Commissioners FROM: John Morgan, Sustainability Officer Randal Krejcarek, P.E., Director of Environmental Services THROUGH: Louie Chapman, Jr., City Manager DATE: March 17, 2014 SUBJECT: AGENDA ITEM WS.1 - WORKSHOP MEETING OF APRIL 8, 2014 JOINT SESSION WITH THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION The City's Green Implementation Advancement Board (GIAB) will provide the City Commission with an annual status report and recommendations related to the City's green and sustainability efforts. BACKGROUND In 2009, the City Commission created the Green Task Force which prepared a report with 136 detailed recommendations and a 10 Point Green Plan. In 2010 the Commission renamed the Green Task Force, the Green Implementation Advancement Board (GIAB), in order to be more in line with the responsibilities and functions of the GIAB. The GIAB provides recommendations regarding environmental sustainability and ideas to implement the recommendations to the Commission. The GIAB is made up of seven (7) members with two (2) appointed alternates. Each GIAB Board Member has expertise and/or an interest in environmental conservation and sustainability. The GIAB is also charged with the responsibility of reviewing City operations and policies and providing recommendations to the City Commission toward achieving Delray Beach's green and sustainability goals. GIAB Chairman, Jeffrey Conley, will provide the City Commission with a status report and recommendations related to the City's green and sustainability efforts. 2013 Delray Beach Sus Growing a. `,�,� pF DELRA V� tamability Report Every Day ,—A*L —. � Compacting Trash Using Solar Power Reducing Carbon Emissions HYBRID From The Delray Beach City Commission Building a Sustainable Future The goal from the very beginning was simple. For Delray Beach to continue to be the thriving community it has been for decades — a for business, visitors and residents a] City leaders realized they needed to I tect the natural environment and pr, serve resources for future generations. That simple goal and a determina- tion to simultaneously experience significant cost savings through inno- vative environmental programs have been the blueprint for Delray Beach's continued environmental efforts. Today, the City has a growing reputatiU as an environmental leader in South Florida and as a community, whose leaders understand the value of sustainability. In just a few short years, Delray Beach unveiled an ambitious electric vehicle charging program — the first in Palm Beach County and one of the first in Florida — while at the same time becoming one of the few to earn a Green Local Government designation from the Florida Green Building Coalition. One of the first cities in the region to close its ocean outfall and stop pumping treated sewage effluent into the ocean, it has also been involved in a massive water reclamation project in which treated effluent from the regional sewage treatment plant is used for irrigation, -otecting our drinking water supply. gently, Delray Beach launched the lest beach - recycling project in Palm each County and also expanded its use of solar trash - compactors, which can hold three times more trash than traditional receptacles. Through partnerships with state and federal governments, with non - profit organizations and local businesses, the City has been able to implement U. 0s programs at reduced costs. In addition to helping save the environment, many of these programs are also creating tax savings that are being passed on to resi- dents and may be targeted to fund new green initiatives. All of these highly visible projects are helping create cultural changes throughout the commu- nity that will lead to long -term sustainability. While the City is making great strides, true success depends on involvement by the entire community. That's why, as you read through this report, you'll see that we've listed simple ways you can be more green while you live, work and play in Delray Beach. 2 2013 Sustainability Report www.mydeiraybeach.com A Leader in Saving Energy During the past winter season, when visitors from the North flocked to Florida, a new type of tourist set sights on Delray Beach. Word had spread throughout the Northeast about Delray Beach being one of the first cities in Florida to install electric car - charging stations in public parking lots. Soon, message boards and blogs were filled with praises from electric car owners hundreds of miles away for Delray Beach as a winter destination. "Delray Beach is becoming known as the electric -car capital of South Florida," says Charles Whalen, president of Plug -In Florida, which teamed up with the City to install three charging sta- tions in 2011 and is planning to install another three in the Tennis Center. "We have the charging sta- tions with the most use in the area." The stations are just one facet of Delray Beach's sustainable energy strategy which is not only reducing carbon emissions into the atmosphere by reducing gasoline consumption but also enhancing the long -term economic stability of the community by attract- ing new visitors and new businesses. "We're now South Florida's leading destination for eco- tourists," Whalen said. "During this last season, usage at our charging stations was up 600 percent and a lot of that is due to eco- tourism." While the City continues to increase the number of elec- tric car - charging stations — several more will be operational in the coming months — it is also focusing on expanding its fleet of alternative -fuel vehicles. Delray Beach is in the process of studying the cost effec- tiveness of purchasing additional hybrid vehicles while simultaneously exploring the possibility of using com- pressed natural gas to power some of its vehicles and the possibility of hosting compressed natural gas facilities that could service other large public or private fleets. In addition to saving fuel, the City is also focused on reducing electricity consumption to save money and to save natural resources. At Pompey Park, federal grant money was used to purchase high - efficiency lights for the sports fields, which now show reduced energy usage and costs by as much as 12 percent. In addition, because of a warranty that was supplied with the lights, the City has been able to save on maintenance costs as well. Throughout City buildings, steps have been taken to install low -use lighting, more efficient cooling systems and dozens of LED street lights which have been installed on West Atlantic Avenue using federal grant dollars. Plans are in the works to install more should funding become available. Delray Beach is the first City in South Florida to enlist the services of Planet Footprint, which helps the City track its energy and water usage as well as fuel and garbage in municipal buildings and provides reports of any anomalies, which can then be tracked and corrected, thus saving additional dollars. Whalen, a resident who arranged for the Florida Electric Auto Association to meet monthly in the City, sees Delray Beach as leading the way when it comes to saving energy. "Delray's leaders have the vision to see the potential of energy - saving initiatives," he said. Saving energy is a priority for Delray Beach, which is becoming known as the electric-car capital of South Florida." WHAT YOU CAN DO • Observe the speed limit and keep your vehicle well maintained. • Use energy efficient lighting when possible. • Walk or ride a bike for short trips. • Install a solar water heater in your home. Check with your provider for possible discounts. • Have an energy audit done for your home or business. 2013 Sustainability Report www.twitter.com/citydeiraybeach Preserving th Among Delray Beach's greatest assets is the City's two mile -long public beach, as well as its numerous parks and green spaces. Through an innovative public -space pilot recycling program, as well as through the use of solar trash compactors, the City is taking a leadership role throughout Palm Beach County in keeping the community attractive for residents and guests while doing its part to protect the environment. In the fall of 2012, Delray Beach, working in conjunction with the Palm Beach County Solid Waste Authority and American Beverage Association, began installing 46 public recycling bins along its public beach as well as in selected parks and public places. As a result, aluminum cans and plastic bottles that would otherwise have been thrown away are now being recycled. "When it comes to recycling, Delray Beach is doing a great job," says Susan Chapman, Recycling Program Development Coordinator for the Solid Waste Authority. "Its program with recycling bins on the beach is unique." In addition to helping the environment, the City's public - areas recycling projects also help generate revenue, with the City receiving approximately $100,000 annually from the Authority through residential recycling. The City's innovative solar trash compactor project, creat- ed in conjunction with Waste Management, is enabling B Environment Delray Beach to enhance its Clean City Initiative by increasing service levels within the Parks and Recreation Department that may have been decreased due to recent budget constraints. A projected annualized salary savings of $50,000 to $60,000 is expected as crews that had been assigned to empty trash receptacles are now able to focus on other projects designed to help maintain community appearance. Delray's innovative new programs, including Curb Appeal by the Block — in which volunteers work to improve the appearance of a city block in one day — not only help enhance the environment, they're also helping to improve the overall appearance of Delray Beach — which in turn positively impacts property values. Delray Beach maintains the largest public beach recycling program in Palm Beac h County. WHAT YOU CAN DO Help keep Delray Beach attractive and protect the environment by taking a few simple steps: • Be consistent in recycling. • Dispose of trash and garbage properly. • Participate in a volunteer beach clean -up. • Volunteer to help with the City's Curb Appeal by the Block Program. • Use recycled materials whenever possible. Taking a Leadership Role in Conserving Water As a result, the City is seeing a reduction in the amount of drinking (potable) water being used for irrigation, enabling the City to remain well below the treatment plant's permitted capacity, and saving property owners significant dollars. The City is also encouraging water conservation through an inverted water -rate structure so the more water you use, the higher your billed amount will be. "Our residents are realizing that they don't need to use as much water as they have in the past," Majtenyi said. Delray Beach is also one of the first communities in South Florida to stop pumping treated sewage into the Atlantic Ocean, three years ahead of a federal mandate designed to protect the marine environment. For more than a decade, Delray Beach has been quietly taking steps to conserve water by making it possible for residents, public facilities and golf courses to use reclaimed water for irrigation. "We are very aggressive in our reclaimed -water efforts," says Victor Majtenyi, Interim Director of Delray Beach's Environmental Services Department. "We are expanding the program faster than many other communities in the area." Through the reclaimed water program, wastewater treated at the South Central Regional Wastewater Treatment Plant (SCRWTP) goes through an additional and extensive treatment process for public use and With its water reclamation project, then 1S pumped t0 areas Delray is helping to conserve fresh water from the area's aquifers. throughout the City where it is used only for irrigation purposes. Delray Beach is currently receiving about two million gallons of reclaimed water a day, from the SCRWTP (which is a partnership with Boynton Beach), a number expected to eventually reach five million gallons a day. WHAT YOU CAN 00 With a few simple steps, you can easily conserve water and save money: • Remember to turn the water off when it's not being used. • Do full loads of laundry. • Landscape with Florida friendly low -water use plants. • Irrigate twice a week in accordance with South Florida Water Management District recommendations. • Consider low water use shower heads and toilets. • Fix drips and leaks right away. 2013 Sustainability Report www.twitter.com/citydeiraybeach Partnerships Help Delray Beach Become One of Florida's Greenest Cities Through its partnerships with federal, state and local government agencies, as well as with local businesses and educational institutions, Delray Beach is able to institute sustainability initiatives. These initiatives generate hundreds of thousands of dollars in costs savings each year. Here are some of the projects and organizations partnering with the City to make it a better place to live, work and play for generations to come. 138 Solar Waste First in South Florida $601,106 $13,040 Projected Trash Compactors Management to install and reduced annual Landscaping Transportation $50,000 to $60,000 Donated I solar compactors in Medians University annual salary savings 46 Public American Largest beach $19,349 $5,637 Promotes beach Recycling Beverage recycling program in wells, permits & recycling and Blue Bins Association Palm Beach County maintenance, defers *Since 2003 District providing alternatives marine life protection 6 EV* Plug -In First in county; $30,000 $0 Attracts additional Stations Donated Florida provides economic Schools among younger visitors to "3 Expected in 2013 development downtown benefit recycling revenue Annual Beach & Keep Palm Installed Energy U.S. Energy efficient lights $512,953 $0 Reduced annual Efficient Lighting Department of at Pompey Park and Includes electric cost and & Equipment Energy W. Atlantic Ave., City clean up by in -kind labor maintenance neighborhood facilities & downtown Delray CRA volunteers Installed Florida Beautification $200,000 $0 Improved aesthetics Florida Friendly Department of of W. Atlantic Ave. Brands and promotes of Sustainability and reduced annual Landscaping Transportation water and in Medians University video and logo by maintenance costs Water South Florida Conservation of $10.6 million $8.35 million Reduces cost for Reuse Water drinking water wells, permits & Infrastructure Management resources by Delray Beach Increased maintenance, defers *Since 2003 District providing alternatives Promotes Sustainability plant expansion, for irrigation saves customers Presentations Schools among younger on monthly bills Development Florida Creation of City $0 $0 Brands and promotes of Sustainability Atlantic sustainability City and its Marketing University video and logo by sustainability Brand FAU students efforts Educational Delray Beach Increased $500 $0 Promotes Sustainability Public & Private awareness sustainability Presentations Schools among younger and potential generation recycling revenue Annual Beach & Keep Palm Host beach & $71,844" $9,424 Cleaner beach Neighborhood Beach County neighborhood Includes and improved Beautification Beautiful and clean up by in -kind labor neighborhood Delray CRA volunteers aesthetics Annual Earth Day County & state Half day event $3,000 $0 Increases green Celebration agencies, local promoting and sustainable businesses & sustainability to awareness utility companies families and children TOTAL $12,038,752 $8,378,101 2013 Sustainability Report www.twitter.com/citydeiraybeach 5 Leading the Way in Sustainability Education Through presentations at local schools, events, such as Earth Day celebrations and sponsorships of local beach clean -ups, as well as through newsletters, press releases and social media, the City of Delray Beach is reaching out to educate our community about the importance of sustainability. "Involving the next generation in our sustainability efforts is crucial," says Rich Reade, Delray Beach's Sustainability Officer and a driving force behind the City's environmental preservation efforts. For the last four years, the City, in conjunction with the Delray Beach Downtown Development Authority, has hosted one of the county's most innovative Earth Day celebrations. Through sponsorships from the business community, Delray Beach has been able to provide a number of interesting exhibits and activities, ranging from demonstrations of electric vehicles to tree plantings, where the City's Mayor and children from the community work side by side to create a better city. In addition, Delray Beach is also using public information tools such as the City's website, utility bills, newsletters and social media to encourage residents to be more conscious of the environment. Reade believes programs that are already in place are encouraging our residents to make sustainability practices a priority. "Our recycling containers and our solar trash compactors, along with our overall Clean City Initiative, continually serve as reminders that we all need to be considerate of our environment," he said. Earth Day 2013 WHAT YOU CAN no All of us can help encourage others to also be aware of the impact we have on our environment. Here are some steps you can take: Set an example for others, especially children, by recycling frequently. • Encourage your family members to recycle and to put trash in proper receptacles. • Create a family sustainability plan that includes water and energy saving ideas. Attend events such as Delray Beach's Earth Day and beach clean ups with your children. • Order recycle bins by calling the Solid Waste Authority at 866- 639 -2467. 2013 Sustainability Report www.twitter.com/citydeiraybeach Continuing the Momentum Led by the City Commission, the City's volunteer Green Implementation Advancement Board (GIAB) and other City staff and community leaders, the City of Delray Beach's sustainability Visit our Web site. efforts are gaining recognition throughout the state as well as throughout the nation. wwwmydeiraybeach.com "Delray Beach is becoming known as an environmental leader," says Rich Reade, the City's Free e -mail subscription Sustainability Officer. "People are starting to say that Delray Beach is a green community." service Throughout the past five years, Delray Beach has partnered with organizations such as Call our main switchboard. Florida Green Energy Works, which created the PACE program that helps commercial -prop- 561.243.7000 erty owners finance energy efficiency improvements to their properties. The City has also worked with developers and the U. S. Green Building Council to promote For questions, concerns and environmentally friendly projects. complaints, contact the Delray In the coming months, the Green Implementation Advancement Board Beach Action Center at. (GIAB) plans to bring recommendations to the City Commission, and steps are wwwmydeiraybeach.com or already being implemented (earlier recommendations from the Green Task 561.243.7012 Force) throughout City government to ensure sustainability remains a priority. Visit our Web site for: Suggestions most likely will include creating a guide to educate "How Residents Video /Audio Streaming of can Go Green," providing additional bike racks and bike corrals throughout the City of Delray Commission Meetings City and developing a community Green/Sustainability Ambassador program. sustainabilty logo "All of these pieces are part of a larger puzzle that will allow us to achieve our courtesy of Florida Arrange for a speaker to visit greater goal," Reade says. "When we put the pieces together they become a Atlantic University your group: strong wall instead of a chain -link fence and our community will benefit by Our Speakers Bureau being more sustainable and green." 561.243.7190 Over the years, the City of Delray Beach has become a leading force in a slow but steady cultural change where taking steps to save the environment while making a positive financial Listen to: Delray Beach impact — for both individuals and the community — is becoming part of our every day thinking. Emergency Radio at Moving forward, the focus will be on continuing the powerful momentum that has been 1620 AM carefully developed over the years and building upon it through innovation and community commitment. 2013 Sustainability Report www.twitter.com/citydeiraybeach c _O cn cn E E O U U O O O N Me L-.Ae,l Q O N � A V � 0 W A cra 0 U GJ L D GJ /i V GJ O dA 3 O s a 0 Ln H m L .E .2 Q a, GJ U U i i i .� •O Vi Vf L L 3 Q m E OU i Vf O O 3 OL .�? 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BACKGROUND Palm Beach County funds for dune restoration or shore protection projects in municipalities are contingent on the City adopting an equally stringent or more stringent ordinance or the City can "opt -in" to Article 14.A of the Unified Land Development Code (ULDC) Sea Turtle Protection and Sand Preservation code. The County has determined that our current code requirements under Section 91.51 of the Code of Ordinances are considerably less stringent than Unified Land Development Code (ULDC) Article 14A. The key changes under Article 14.A include: Increasing the jurisdictional limits of the Sea Turtle Protection Zone from 600 feet landward to the mean high water line, inclusive of all lights directly or indirectly visible from the beach regardless of distance from the mean water line. Clarification of the criteria of light fixtures eligible for approval. All lights should be downward directed and produce light that measures greater than 570 manometers. Exterior fixtures located on the seaward and shore perpendicular sides of buildings must be well shielded and full cut-off. Fire pits must be positioned or shielded in such a way that the source of illumination is not visible from the beach. Beach obstructions (cabanas) are to be removed from the beach until either two hours after sunrise or upon completion of a sea turtle nesting survey. Beach obstructions must be placed in a single row as close to the toe of the dune as possible by sunset each night during the sea turtle nesting season. The Palm Beach County Department of Environmental Resource Management staff has provided technical assistance to City staff on the interpretation, inspections and enforcement of the requirements under Article 14.A. As you know, our beach is very wide and many of the existing building lights from businesses, signs, and parking lots do not comply with the new ordinance. Several business signs, exterior hallway and porch lighting, church steeple, landscape lighting, street lights, parking lot lighting, reduction of sea grape barrier in front of Boston's, and uses of tiki torches have been identified by the county as needing correction. RECOMMENDATION Staff is recommending that the City adopt by reference the Palm Beach County Sea Turtle Protection Ordinance, Article 14.A. MW moo O c� V C� pQ C� r U C� U U ,s O U 'S a� aA a� .4-j 0 a� 0 a� aA 0 a� a� aA aA .4 rA 0 0 c Cz C� V M� h�l O O O a. U C� U U � O � U U � o � a� 3 o ao ' S bA .� ' bA bjO r", . • ,- 4 a--+ s ; bj bA . b�O � U bjOV� C� O � U U O 'U U O U U (7� O O U U .bjO U O � O U U C� o � a� 'S a �4-j � o aA w U ARTICLE 14 ENVIRONMENTAL STANDARDS CHAPTER A SEA TURTLE PROTECTION AND SAND PRESERVATION Section 1 Purpose and Intent The purpose of this Chapter is to reduce impacts of coastal lighting and beach obstructions on sea turtles and prohibit the removal of sand from the beach /dune system. [Ord. 2009 -040] Section 2 Definitions See ART. 1.1, DEFINITIONS AND ACRONYMS Section 3 STPZ/STPO — Sea Turtle Protection Ordinance This Chapter shall be known as the PBC Sea Turtle Protection and Sand Preservation Standards. It repeals and replaces PBC Ordinances 72 -12, 78 -20, 87 -13 and 90 -2. Section 4 Applicability A. All provisions of this Chapter shall be effective within the unincorporated and incorporated areas of PBC, and shall set restrictions, constraints and requirements to preserve and protect sea turtles, sea turtle habitat and beach /dune sediments. Notwithstanding the foregoing, incorporated areas that have a Sea Turtle Protection Ordinance (STPO) shall not be subject to the provisions of this Chapter that pertain to coastal lighting, and incorporated areas that have established a sand protection zone to preserve beach /dune sediments shall not be subject to the provisions of this Chapter pertaining to sand preservation. [Ord.2011 -001] B. PBC funds for dune restoration or shore protection projects in municipalities shall be contingent upon this Chapter being fully enforced or the adoption and enforcement of an equally stringent or more stringent ordinance by a municipality. Funding determinations shall be based on ERM's review and acceptance or rejection of a municipality's replacement ordinance, as well as a review of permits and variances and enforcement notices issued pursuant to the municipal ordinance. C. This Chapter shall apply to any coastal lighting activity that has the potential to adversely impact sea turtles in PBC within the limits of jurisdiction. This Chapter shall also apply to any sand removal or degradation that has the potential to adversely impact the unique sediments which comprise the coastal beach /dune system in PBC within the limits of jurisdiction. Section 5 Authority This Chapter is adopted under the authority of F.S. 125.01 et seq. Section 6 Jurisdiction A. ERM shall have regulatory authority over coastal lighting and alterations to the beach /dune system. This Chapter establishes two zones of jurisdiction: the Sea Turtle Protection Zone (STPZ) and the Sand Preservation Zone (SPZ). The STPZ extends from three miles offshore of the Atlantic Ocean and along inlet shorelines to a line 600 feet landward of the mean high water line. The SPZ extends from the mean high water line of the Atlantic Ocean to 600 feet landward. B. The STPZ is established for the purpose of minimizing and controlling coastal lighting. [Ord. 2011 -001] C. The SPZ is established for the purposes of maintaining the volume and quality of beach sand presently existing within the beach /dune system. The unique characteristics of the sediments contained in the existing beaches and dunes of PBC require the preservation of these materials within the beach /dune system. [Ord. 2011 -001 ] D. Within the limits of jurisdiction of the STPZ as defined in this Chapter, no person, firm, corporation, municipality, special district or public agency shall perform new building construction or install any new artificial lighting on any property that, in whole or in part, is seaward of a line 600 feet landward of the mean high water line without first having obtained an approved Sea Turtle Protection Lighting Plan Unified Land Development Code Article 14 — Environmental Standards Supplement No. 10 (Printed 06 /11) 7 of 52 (STLP) from ERM as provided for in this Chapter. Existing beachfront lighting causing direct or indirect illumination within the STPZ as defined herein shall comply with Article 14.A.11, Standards for Existing Beachfront Lighting. [Ord. 2009 -040] E. Within the limits of jurisdiction of the SPZ as defined in this Chapter, no person, firm, corporation, municipality, special district or public agency shall remove any beach or dune sediments from their property or from the SPZ without first complying with Article 14.A.13, Standards for SPZ. F. Beach obstructions are exempt from the requirements of this Article. However, this exemption shall not be in effect during sea turtle nesting season (March 1 — October 31) unless the structures are removed daily from the beach from sunset until two hours following sunrise or after completion of a dedicated independent sea turtle nesting survey by a Marine Turtle Permit Holder. Beach obstructions shall be removed from the beach or placed in a single row as close to the toe of the dune as possible in an area that does not impact native vegetation or significantly affect sea turtles. Exemptions under this provision are not intended to authorize any violation of F.S. § 379.2431 or any of the provisions of the Endangered Species Act of 1973, as may be amended. (Ord. No. 05 -27, § 3.QQ) [Ord. 2006 -036] [Ord. 2009 -040] Section 7 De Minimis Those projects for which ERM provides a written determination that there will be no significant adverse environmental impacts. Approvals may include but are not limited to: removal of a light source whether approved or not approved; reduction in light intensity of a light source; installation of a light source within the STPZ which is not directly or indirectly visible from the beach. [Ord. 2009 -040] Section 8 Sea Turtle Protection Lighting Plan A. A STLP approval is required for all new building construction and new artificial lighting proposed within the limits described in Section 6.D. A STLP must be approved by ERM prior to the issuance of a building permit by the PZB or the local building department. [Ord. 2009 -040] [Ord. 2011 -001] B. Applications shall be made on a form approved by ERM. ERM may make use of forms already in use by the State of Florida and /or federal agencies. C. ERM may attach conditions to any STLP approval where such conditions are deemed reasonably necessary to protect sea turtles. D. Any application received that is substantially the same as a previous application that has been denied by ERM shall also be denied without further processing. E. Any site or property owner that is subject to or recipient of a notice of violation or notice of noncompliance that remains unresolved shall not be issued an ERM STLP approval. F. STLP approval shall not be issued until any and all information necessary to fully understand the extent, nature, and potential impacts of a proposed lighting plan are received by ERM. Such information may include, but is not limited to: [Ord. 2011 -001] 1. A completed application form; 2. An explanation of the necessity and purpose of the proposed lighting; 3. Photographs of existing conditions which may include aerial photographs; 4. Plans showing profile and plan views depicting all light fixture locations, the elevations of proposed and existing structures, proposed and existing vegetation, beach /dune profiles and pertinent topographic information; and 5. Electrical, building and landscape plans shall be submitted illustrating all exterior lights and windows within jurisdictional boundaries. Light and window tinting information shall include: [Ord. 2009 -040] a. The location, number, wattage, elevation, orientation, light fixture cut sheets, photometric illustrations and all type(s) of proposed artificial light sources. [Ord. 2006 -036] b. Protective /mitigative measures to minimize lighting impacts on sea turtles, including measures to prevent direct and indirect illumination that is visible from the beach. [Ord. 2009 -040] c. Window tinting specifications for all windows and doors within line of sight of the beach including percentage of visible light transmittance (see definition of tinted glass). G. When an application is made for a STLP approval in common areas of a multi - family residential site (i.g., condominiums, apartments, townhouses, villas, etc.), the representative association, or all of the homeowners as a group, shall be the applicant. ERM shall not process an application made by one unit owner in a multi - family setting where the work is proposed on lands designated as, or can reasonably be considered to be, common areas. H. Upon receipt of an application and appropriate application fee, ERM shall have 30 days to request any additional information. Within 30 days of receipt of such additional information, ERM may request only Unified Land Development Code Article 14 — Environmental Standards Supplement No. 10 (Printed 06 /11) 8 of 52 that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information. [Ord. 2011 -001] I. If ERM does not make a request for additional information within 30 days of receipt of an application or requested information, the application shall be deemed complete upon receipt. J. If an applicant fails to respond to an ERM request for an application fee, or any additional information, within 60 days, the application may be denied without prejudice. However, ERM may grant an extension of time as is reasonable necessary to fulfill the request for additional information. K. Upon receipt of a completed application and fee, ERM shall have 90 days to take final action unless the applicant agrees in writing to a time extension or waiver of this requirement. Final agency action shall be approval of a STLP, denial of a STLP, or conditional approval of STLP. Failure by ERM to take final action within 90 days shall result in the authorization of the proposed work with standard limiting conditions. L. Any application containing false information may be denied, and any STLP approval granted based upon false information may be revoked. [Ord. 2011 -001 ] M. ERM STLP approvals may be issued with a duration period that is reasonably necessary to complete the project not to exceed five years. N. Any substantial modification to a complete application, or a STLP approval, shall require an amended application form and an additional application fee and shall restart all time periods of this Section. O. No application shall be processed until ERM receives the appropriate application fee. [Ord. 2011 -001] Section 9 Criteria for STLP Approval A. A STLP approval may be issued pursuant to this Chapter provided that the applicant provides to ERM reasonable assurance that there shall be no adverse impacts to sea turtles, sea turtle nesting, and sea turtle habitat, and that the following criteria will be met: 1. Any and all light fixtures shall be designed to be the minimum level necessary for safety and shall be positioned such that they do not cause direct or indirect illumination that is visible from the beach. [Ord. 2009 -040] [Ord. 2011 -001 ] a. All outdoor lighting and exterior lighting shall be directed downwards. No lights shall be directed upwards. [Ord. 2009 -040] b. Filters shall be prohibited. [Ord. 2009 -040] c. All exterior fixtures on the seaward and the shore perpendicular sides of the building (and the landward side of the building if they are visible from the beach) shall be well shielded and full cut- off. [Ord. 2009 -040] d. Long wave length lights that produce light that measures greater than 570 nanometers, shall be used for all coastal construction visible from and adjacent to the beach. Bright white light, such as metal halide, halogen, fluorescent, mercury vapor and incandescent lamps will not be approved. Shorter wavelength lights will only be approved in areas where direct or indirect illumination is not visible from the beach. [Ord. 2009 -040] 2. Use of Window Treatments at Multifamily Residential Properties: In common areas of a multi - family residential property, window treatments that are sufficient to prevent direct or indirect illumination visible from the beach shall be required on all windows visible from the beach within jurisdictional boundaries. [Ord. 2009 -040] 3. ERM determines that coastal lighting alternatives and modifications to lessen impacts are infeasible; and 4. ERM determines that the cumulative impacts of the subject lighting project and other similar lighting projects will also meet the criteria of this Article. [Ord. 2009 -040] B. Measures that may be implemented to protect sea turtles include: elimination, modification or alteration of all proposed and /or existing exterior lights that cause illumination which is directly or indirectly visible from the beach. [Ord. 2009 -040] C. All lighting installed after September 2, 1987 shall comply with the following standards: [Ord. 2011 -001] 1. Artificial public or private light source shall not cause illumination which is directly or indirectly visible from the beach where it may deter adult female sea turtles from nesting or disorient hatchlings; [Ord. 2009 -040] 2. The installation of coastal lighting shall meet the standards and mitigative measures published in the current state -of- the -art manual pertaining to coastal lighting and sea turtle conservation available at ERM (Witherington, Blair E. & Eric R. Martin, Understanding, Assessing and Resolving Light - pollution Problems on Sea Turtle Nesting Beaches, Florida Marine Research Institute Technical Report, Florida Department of Environmental Protection, 2000). [Ord. 2009 -040] [Ord. 2011 -001 ] Unified Land Development Code Article 14 — Environmental Standards Supplement No. 10 (Printed 06 /11) 9 of 52 3. Any and all light fixtures shall be designed and /or positioned such that they do not cause illumination which is directly or indirectly visible from the beach. [Ord. 2009 -040] 4. All lights on balconies shall be eliminated or shielded from the beach. Proposed balcony lights which do not meet standard Article 14.A.9.C.1, Artificial public or private light source, above shall not be authorized. [Ord. 2005 -002] [Ord. 2009 -040] 5. Artificial lighting for decorative or accent purposes shall not be authorized within the zone of jurisdiction unless it will not be directly or indirectly visible from the beach. [Ord. 2009 -040] 6. Lighting used in parking lots shall be: [Ord. 2009 -040] a. Set on a base which raises the source of light no higher than 48 inches off the ground unless the lighting does not cause illumination or is not directly or indirectly visible from the beach. [Ord. 2009 -040] b. Positioned and /or shielded such that the source of light is not visible from the beach and does not cause illumination directly or indirectly visible from the beach. [Ord. 2009 -040] 7. Sign lighting may be authorized provided it illuminates an area less than 15 square feet and meets the criteria of standard Article 14.A.9.C.1, above. 8. Permanent firepits shall be positioned and /or shielded to ensure that the source of illumination is not directly or indirectly visible from the beach. Maximum flame height shall be determined at final inspection. [Ord. 2009 -040] 9. Open fires on the beach shall be prohibited during Sea Turtle Nesting season. [Ord. 2005 -002] 10. Tinted glass or any window film applied to window glass which meets the defined criteria for tinted glass, shall be installed on all windows and doors within line of sight of the beach. 11. Pool deck lights and underwater pool lights shall be turned off while the pool is closed at sunset during sea turtle nesting season, March 1st — October 31st. The use of an automatic timer shall be acceptable only for pool lighting. [Ord. 2009 -040] Section 10 Inspection Required A. Prior to the issuance of a Certificate of Occupancy (CO) by the PZB or local building department, each facility shall be inspected for compliance as follows: 1. Upon completion of the construction activities, a State of Florida registered architect, landscape architect, environmental professional or professional engineer shall conduct a site inspection which includes a night survey with all the beachfront lighting turned on to the highest illumination levels. [Ord. 2009 -040] 2. The inspector shall prepare and report the inspection finding in writing to ERM, identifying: a. the date and time of initial inspection; b. the extent of compliance with this Chapter and the approved STLP; c. all areas of potential and observed noncompliance with this Chapter; d. any action(s) taken to remedy observed noncompliance and date remedy will be implemented, if applicable; and e. the date(s) and time(s) of remedial inspection(s), if applicable. 3. The inspector shall sign and seal the inspection report which includes a certification that: a. the beachfront lighting has been constructed in accordance with this Chapter; b. the inspector observed the project area at night with all lights operating; c. the beachfront lighting does not cause direct or indirect illumination that is visible from the beach at the time of the night inspection; and [Ord. 2009 -040] d. the beachfront light sources within the jurisdictional boundaries are not directly or indirectly visible from the beach at the time of the night inspection. Section 11 Standards for Existing Beachfront Lighting A. Existing Beachfront Lighting Existing beachfront lighting causing direct or indirect illumination within the STPZ shall be adjusted or corrected to ensure that the lighting does not cause illumination that is directly or indirectly visible from the beach. [Ord. 2011 -001] B. Adjustment to Essential Lighting Changing coastal conditions (including but not limited to erosion, renourishment, and vegetation impacts, may necessitate retrofitting light fixtures. Installation of a new fixture shall require an approved Sea Turtle Lighting Plan (STLP) that must comply with Article 14.A.9, Criteria for STLP Approval. Retrofits to Unified Land Development Code Article 14 — Environmental Standards Supplement No. 10 (Printed 06 /11) 10 of 52 existing fixtures shall be designed and /or positioned to ensure that they do not cause illumination that is directly or indirectly visible from the beach. [Ord. 2006 -036] [Ord. 2009 -040] [Ord. 2011 -001] C. Reduction of Indirect Lighting on the Beach The installation and maintenance of ground level barriers including dense native vegetation is strongly encouraged and may be required to reduce the amount of lighting striking the beach /dune system. [Ord. 2009 -040] D. Lighting for Pedestrian Traffic Lights illuminating beach access points, dune crossovers, beach walkways, piers or any other structure designed for pedestrian traffic shall be the minimum level necessary to maintain safety and shall be located and shielded such that lights and their illumination are not directly or indirectly visible from the beach. [Ord. 2009 -040] E. Use of Window Treatments To prevent interior lights from illuminating the beach, window treatment shall be required on all windows visible from the beach within jurisdictional boundaries. Blackout draperies or shadescreens are preferred. Alternatively or additionally, window tint may be applied to beachfront windows. The turning out of all unnecessary interior lights during the nesting season is strongly encouraged. F. Special Lighting Restrictions during the Nesting Season Effective May 1, 1988, and continuously throughout each nesting season (March 1 through October 31), external light sources that are directly or indirectly visible from the beach shall be disconnected or otherwise modified to comply with this Chapter. [Ord. 2009 -040] G. Recommended Corrective Action The following measures can be used to reduce or eliminate the effects of any exterior lighting on hatchlings and nesting sea turtles: 1. permanently remove the light fixture; [Ord. 2006 -036] 2. disconnect the light fixture; [Ord. 2006 -036] 3. reposition the light fixture so the point source of light is no longer visible from the beach; [Ord. 2006- 036] 4. replace light fixtures having an exposed light source with light fixtures containing recessed light sources or shields; [Ord. 2006 -036] 5. replace non - directional light fixtures with directional light fixtures pointing down and away from the beach; [Ord. 2006 -036] 6. replace light fixtures having translucent or transparent coverings with light fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance below the bottom edge of the light fixture on seaward side so the light source is not visible from the beach; [Ord. 2006 -036] 7. replace pole lamps with low profile, low -level luminaries so that the light source is not visible from the beach; 8. plant or improve vegetation buffers between the light source and the beach to screen light from the beach; 9. construct an ornamental structural barrier to shield light source from the beach; and 10. modify the light fixture by adding a shield. [Ord. 2006 -036] Section 12 Standards for Dune Crossovers A. Information Sign Requirements Permanent sea turtle information signs shall be conspicuously posted by applicable jurisdictions at all public beach access points provided with dune crossovers. The information signs shall be standardized by ERM. 1. Sign Posting Responsibility Sea turtle information signs shall be encouraged at all new private beach access points provided with dune crossovers. Signage shall be the responsibility of the property owner. 2. Sign Maintenance Requirements Standardized sea turtle information signs shall be maintained in perpetuity such that information printed on the signs remains accurate and legible and the signs positioned such that they are conspicuous to persons at all public beach access points provided with dune crossovers. 3. Sign Removal Removal of the information signs by anyone other than those authorized by ERM is prohibited. Section 13 Standards for SPZ Unified Land Development Code Article 14 — Environmental Standards Supplement No. 10 (Printed 06 /11) 11 of 52 A. There shall be no net loss of sand from the SPZ. Sand temporarily excavated from the SPZ shall be returned to the SPZ. Sand shall be returned to the SPZ prior to the issuance of a building department CO where a CO is required, or within six months of the excavation for projects which do not require a CO. In addition, the sand may not be degraded by mixing with any sediment, soil, or material, such that it will not meet the definition for beach compatible sand as defined. [Ord. 2009 -040] B. Sediment analysis of existing beach /dune and any proposed fill material to be mixed with the existing sand may be required by ERM. Written notification must be provided to ERM (attention: ERM Coastal Geologist) prior to removal of sand from the SPZ. Section 14 Appeals Any affected party may appeal a final determination of ERM pursuant to Article 14.C.11, Appeals. Section 15 Fees A. Fees shall be required as established by resolution of the BCC. [Ord. 2009 -040] [Ord. 2011 -001] B. Fees shall be non - refundable and nontransferable. C. All application fees paid by check shall be made payable to the BCC. Section 16 Violations A. An unapproved lighting source illuminated during the night that is directly or indirectly visible from the beach. [Ord.2011 -001] B. An approved lighting source that has experienced a change in conditions such that it is no longer in conformance with this Chapter. Violations may include but are not limited to: increase of intensity or direction of the light source; failure to maintain proper shielding, addition or modification of adjacent structures; modification of background colors of the structure; or modification of height of vegetation, width or height of dune or width of beach. [Ord. 2011 -001] C. Installation of beachfront light fixtures in the limits described in Section 6.D, without ERM approval. [Ord. 2009 -040] D. Submittal to ERM of any signed and sealed lighting inspection report containing false information. E. Removal of sand from the SPZ without first supplying written notification to ERM. F. Degrading sand by mixing with sediment, soil, or material such that it will not meet the definition for beach compatible sand. G. Alterations which result in a net loss of sand from the SPZ. H. Failure to comply with the requirements of this Chapter or any approval granted or authorized hereunder. I. Traversing a natural dune by a pedestrian within 200 feet of a public dune walkover. J. Any lighting projects or alterations which would have been in violation of PBC Ordinances No. 72 -12, 78- 20, 87 -13 or 90 -2, as amended, during its effective period, shall continue to be violations under this Chapter but shall be subject to prosecution under the terms of PBC Ordinance No. 72 -12, 78 -20, 87 -13 or 90 -2 as amended. Section 17 Enforcement and Implementation of Corrective Measures A. In order to enforce compliance with the provisions of this Chapter, ERM may do one or more of the following: [Ord.2011 -001] 1. provide the violator with verbal or written notice of non - compliance; [Ord. 2011 -001] 2. require a noncompliant property owner to take corrective measures; [Ord. 2011 -001] 3. issue a notice of noncompliance; [Ord. 2011 -001] 4. issue a notice of violation citation; [Ord. 2011 -001] 5. issue a notice of hearing; [Ord. 2011 -001 ] 6. issue a cease and desist order; and [Ord. 2011 -001] 7. require that a building permit or CO be withheld, if the noncompliance involves new construction. [Ord. 2011 -001 ] B. When a violator is required to take corrective measures to cure a violation, such corrective measures shall be implemented in addition to applicable penalties and fines. [Ord. 2011 -001] C. Violations of the provisions of this Chapter shall be punishable by one or more of the following: 1. triple application fees for STLP approvals not obtained prior to violations involving activities which would otherwise have been authorized as determined by ERM; Unified Land Development Code Article 14 — Environmental Standards Supplement No. 10 (Printed 06 /11) 12 of 52 2. enforcement procedures as outlined in this Chapter and in Article 10.C, GROUNDWATER AND NATURAL RESOURCES PROTECTION BOARD. [Ord. 2011 -001] D. All monies collected as civil penalties for violations of this Chapter shall be deposited in the Pollution Recovery Trust Fund. CHAPTER B WELLFIELD PROTECTION Section 1 Purpose and Intent A. The purpose and intent of this Chapter is to protect and safeguard the health, safety, and welfare of the residents and visitors of PBC by providing criteria for regulating and prohibiting the use, handling, production and storage of certain deleterious substances which may impair present and future public potable water supply wells and wellfields. Section 2 Definitions See Art. 1.1, DEFINITIONS AND ACRONYMS Section 3 Applicability A. General The provisions of this Chapter shall be effective within the incorporated and unincorporated areas of PBC, and shall set restrictions, constraints and prohibitions to protect present and future public potable water supply wells and wellfields from degradation by contamination of deleterious substances. B. Review and Permitting Procedures No building permit or business tax receipt for any nonresidential activity shall be issued by PBC or any city located within PBC that would allow development or construction in Zones 1, 2, 3, or 4 that is contrary to the restrictions and provisions provided in this Chapter. Permits or business tax receipts issued in violation of this Chapter confirm no right or privilege on the grantee and such invalid permit or licenses will not vest rights. [Ord. 2007 -013] Section 4 Effective Date A. Effective Date The requirements and provisions of this Chapter shall apply immediately upon and after March 7, 1988 to all new nonresidential activities. An existing activity is one for which a building permit or business tax receipt had been issued by the appropriate jurisdiction prior to March 7, 1988 and which had not expired on or before March 7, 1988, or for which a completed building permit or business tax receipt application had been filed and accepted with the appropriate jurisdiction prior to March 7, 1988. All other activities shall be deemed "new." [Ord. 2007 -013] B. Time of Review Any application for a building permit for a nonresidential development or residential development greater than 25 units or nonresidential development subject to review by an advisory planning body and approval by the local governing authority or zoning board of appeals that includes property wholly or partially within Zones 1, 2, 3, or 4, of a wellfield shall include requirements of ERM. These requirements shall be as follows: 1. Notification by the local governing authority of the location of the property in Zones 1, 2, 3, or 4 and notarized letter from applicant admitting acceptance of notification. Notification shall be prepared by ERM providing details of Zones, prohibitions, and measures required for compliance; or 2. Submittal of application to ERM for notification. C. Certification of Compliance Any application submitted for a business tax receipt for any use within Zones 1, 2, 3, or 4 of an incorporated or unincorporated area shall require certification by ERM that the use meets the applicable requirements of this Article. [Ord. 2007 -013] D. Screening of Occupational License It shall be the duty of each local agency to screen all applications for Zones 1, 2, 3, or 4 business tax receipts. [Ord. 2007 -013] E. Zone 1 Activities ERM shall provide a list to all local agencies of potentially prohibited operations in Zone 1. Unified Land Development Code Article 14 — Environmental Standards Supplement No. 10 (Printed 06 /11) 13 of 52 Municode Page 1 of 2 Delray Beach, Florida, Castle of Ordinances >> SEA TURTLES » SEA TURTLES Sec, 91,50. PURPOSE. Sec, 91.51. LIGHTING RESTRICTIONS ALONG BEACH, Sec. 91.52. PUBLICLY -OWNED LIGHTING. Secs. 91.53- 91.98. RESERVED. Sec. 91.99. PENALTY. y 1I : ; The purpose of this subchapter is to protect the threatened and endangered sea turtles which nest along the beaches of the City by safeguarding the hatchlings from sources of artificial light. (Ord, Rio. 49-87, passed 6128187) Beach is defined for purposes of this subchapter as being that land along the Atlantic Ocean extending either to the dune or permanent vegetation within the City limits. No artificial light shall illuminate any area of the beach which may be used for turtle nesting and hatchlings. In order to accomplish this, all lighting shall be shielded or screened so that the light is not a visible source from the beach during the night period from March 1 to October 31 of each year. "Night period" is defined herein as being that time from dusk to dawn. (Ord. No. 49 -87, passed 6128187; Ord, No. 35 -01, § 1, passed 6119111) Cross reference --- Penalty, § 91M, Publicly -owned street lights, and lighting at parks and other publicly -owned beach access areas, shall be subject to the following: (A) Whenever possible, such street lights shall be located so that the bulk of their illumination will travel away from the beach. Such lights shall be equipped with shades or shields that will prevent backlighting and render such lights not visible from the beach. (B) Lights at parks or other public beach access points shall be shielded or shaded or, to the extent lights are determined by the City not to be necessary for public safety purposes, shall not be utilized during the period from May 1 to October 31 of each year. (Ord, No. 49 -87, passed 6123187) Cross referent Penalty, § 91.99. http:// library. municode .com / print. aspx? h= &clientID= 13704 &HTMMequest =... 4/3/2014 Municode Page 2 of 2 - ,1 See Section 10.99, "General Penalty ". fAm. Ord, No. 15 --95, passed 414195) http:// library. municode.com / print. aspx? h= &clicntlD= 13704 &HTNMequest =... 4/3/2014 MEMORANDUM TO: Mayor and City Commissioners FROM: Janice Rustin, Assistant City Attorney DATE: April 3, 2014 SUBJECT: AGENDA ITEM WS.4 - WORKSHOP MEETING OF APRIL 8, 2014 PROPOSED ORDINANCE REGARDING PANHANDLING ITEM BEFORE COMMISSION Discussion regarding the impact that homelessness has on the City and possible strategies to address conduct that may contribute to the issue. BACKGROUND In response to a request by the City Commission, the City has created a task force to help address the impacts of homelessness on the City. The task force consists of members from the Police Department, Parks and Recreation, Community Improvement, the City Attorney's office, and the City Manager. The task force has identified a number of impacts including increased trash in certain areas, reduced access to and enjoyment of public areas, loss of customers to local businesses, threats to public safety, and increased need for police services. As a result, the task force has created a multi - pronged approach to help reduce these impacts. 1. Panhandling The task force proposes amending Chapter 118 of the City's Code of Ordinances to include prohibitions on panhandling and aggressive panhandling. The proposed amendments are based on successful panhandling ordinances from the cities of Fort Lauderdale and St. Petersburg. Panhandling is defined as soliciting money or other thing of value from another person. Aggressive panhandling is defined as soliciting money in a threatening manner or after a negative response to an initial act of solicitation. Under the proposed ordinance, aggressive panhandling is prohibited in all areas of the City. Non - aggressive panhandling is prohibited in the Central Business District; on private property (absent permission from owner); on buses and at bus stops; in parking lots and garages; in City parks, and within fifteen (15) feet of sidewalk cafes, ATMs, and the entrances of commercial or government buildings. Sheet Performers and other sign holders In consideration of First Amendment protections, the ordinance does not prohibit street performances who are soliciting donations via hand written signage. It also does not prohibit people who are passively standing or sitting from soliciting money via a sign on the grounds that these people do not pose the same threat as those who actively approach a person and ask for money. 2. Free Trolley Service The task force proposes charging for use of the trolley since free transportation may have the unintended effect of enabling the homeless population. Suggestions include installing a drop box on the vehicles, providing an annual pass to residents or employees within the City at a reduced rate, or selling hotels book of passes to provide to their guests. 3. Day Laborers Some downtown restaurants have a practice of paying people in either food and/or cash to perform light labor. This conduct may have the unintended effect of enabling the homeless population. Community Improvement will engage with restaurant owners to educate them on how the practice impacts the community and encourage them to stop the practice. 4. Impacts from Soup Kitchens The task force proposes working with soup kitchens in the downtown core, such as the Caring Kitchen, to reduce some of the impacts that the food service has on the neighboring communities. Although these centers provide seating, many residents have their meals away from the center. As a result, empty food containers are often discarded in the library, on public benches, on sidewalks, and in private yards after meal service. Community Improvement will schedule a meeting with agencies that feed the homeless to discuss the City's concerns. 5. Sleeping in Public Areas Chapter 101 of the City's Code of Ordinances already prohibits camping and the use of temporary shelters in public parks and prohibits people from being in public parks, the municipal beach, and other recreational sites after dark. The task force does not recommend passing additional ordinances related to sleeping in the right -of -way or other public places. To be constitutionally valid, these ordinances would require the City to direct violators to homeless shelters (which the City does not have) and/or to store personal belongings. To prevent people from sleeping outside, the Parks department will concentrate on providing more frequent maintenance of wooded public areas that are identified as areas used by homeless people to prevent these areas from becoming overgrown and hidden from view. Furthermore, the Parks and Recreation department will initiate a training program for lifeguards, librarians and Park employees who have regular contact with the homeless. RECOMMENDATION City Commission direction. ORDINANCE NO. -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 118.01 "DEFINITIONS" TO INCLUDE DEFINITIONS FOR PANHANDLING AND AGGRESSIVE PANHANDLING; AMENDED SECTION 118.03 "PROHIBITED ACTS REGARDING SOLICITING AND PEDDLING" TO DESIGNATE PROHIBITED AREAS FOR PANHANDLING, SOLICITING AND PEDDLING, AND TO PROHIBIT AGGRESSIVE PANHANDLING; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission recognizes an individual's first amendment right of free speech and that panhandling has been determined to be a protected speech; and WHEREAS, the City Commission finds that an increase in aggressive begging, panhandling and solicitation throughout the city has become extremely disturbing and disruptive to residents and businesses and has contributed to the loss of access to and enjoyment of public places and also loss of customers for businesses and closure of businesses in the City; and WHEREAS, the City Commission finds that aggressive panhandling, begging and solicitation usually includes approaching or following pedestrians, repetitive requests for money, use of abusive or profane language, unwanted physical contact and intentional blocking of pedestrian traffic; and WHEREAS, the City Commission finds that the presence of individuals who solicit money from other individuals at or near outdoor cafes, automated teller machines, entrances /exits to and from buildings and parking garages is especially troublesome because these solicited individuals cannot readily escape from unwanted solicitation; and WHEREAS, the City Commission finds that the current city ordinances are inadequate in protecting the health, safety and welfare of the resident and visitors of the City in preventing the fear and intimidation that accompanies certain types of begging, panhandling and solicitation in certain locations within the City; and WHEREAS, the City Commission finds that any individual that begs, panhandles or solicits under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of other individuals or property in the vicinity by unwanted touching, detaining, impeding or intimidation which causes fear or apprehension in another individual constitutes a threat to the public health, welfare and safety of the citizens and visitors of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 118.01 "Definitions ", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 118.01. DEFINITIONS. The following words, terms, and phrases and their derivations, when used in this ordinance, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning. (a) AZ�ressive _Panhandling or solicitation means: (1) approaching or speaking to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person. or upon property in the person's immediate possession: (2) requesting money or something else of value after the person solicited has given a negative response to the initial request: (3) blocking. either individually or as part of a group of persons, the passage of a solicited person: (4) touching a solicited person without explicit permission: or (5) engamng in conduct that would reasonably be construed as intended to intimidate. compel or force a solicited person to accede to demands. (a b) Canvasser is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of (1) attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate even if incidental to such purpose the canvasser accepts the donation of money for or against such cause, or distributing a handbill or flyer advertising a non - commercial event or service. (mac) Handbill Distribution means the distribution of any commercial or noncommercial written material of any kind, including, but not limited to, a newspaper, papers, sample or device, circular, leaflet, pamphlet, or booklet which may or may not contain commercial or non - commercial advertising or information and which may be sold or delivered without cost to the recipient and not distributed through an authorized news rack or the U.S. Mail. (e d) Panhandling means (1) any solicitation made in person requesting an immediate donation of money or other thing of value for oneself or another person or enti , . and 2 ORD. NO. -14 (2) seeking donations where the person solicited receives an item of little or no monetary value in exchange for a donation. under circumstances where a reasonable person would understand that the transaction is in substance a donation. (3) Panhandling does not mean the act of passively standing or sitting, performing music, or singing with a sign or other indication that a donation is being sought. but without any vocal reduest other than a response to an induir� by another person. (e e) Peddler is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of attempting to sell a good or service. A "peddler" does NOT include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the person for purchase at a location away from or at a time different from the time of visit. (Such a person is a "solicitor'). ( Person means a natural person or any firm, corporation, association, club, society or other organization. (e g) Private Property means any residential, commercial and industrial real property of any kind which is privately owned or occupied. (€ h) Public area means an area to which the public or a substantial group of persons has access, and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, public beaches, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them. (g i) ,Solicitor is a person who attempts to make personal contact with another person without prior specific invitation or appointment from the person, for the primary purpose of attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent educational, civil, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service. Section 3. That Section 118.03 "Prohibited Acts Regarding Soliciting and Peddling ", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Sec. 118.03. PROHIBITED ACTS REGARDING SOLICITING, Y'7cND PEDDLING, AND PANHANDLING. (a) It shall be unlawful for any person to solicit or peddle money or other things of value, or to solicit the sale of goods or services: (1) Without an occupational license; 3 ORD. NO. -14 (2) In any public transportation vehicle, or bus or train station or stop; (3) On private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property. (4) On a street or right -of -way in such a manner as to obstruct the flow of pedestrian or motor vehicle traffic. (b) It shall be unlawful for any person to peddle or vend products, including personal property, ice cream, or other food products from motor vehicles in the public streets: (1) Without an occupational license; (2) In any vehicle not designed and constructed specifically for the purpose of vending the product or products to be vended; (3) Without a license by the County Health Department or other state or local agency having jurisdiction over the use of such vehicles depending upon the nature of the products sold; (4) Without proof of a valid Florida driver's license and vehicle registration; (5) Without proof of current insurance issued by an insurance company authorized to do business in the State of Florida. The insurance shall provide coverage for bodily injury, including accidental death, as well as from claims for property damage. An occurrence type policy is preferred. The City shall be named as a certificate holder and as an additional insured on the policy. The policy limits of such insurance shall not be less than three hundred thousand dollars ($300,000.00) combined single limit for each occurrence for bodily injury and three hundred thousand dollars ($300,000.00) for property damage; (6) In the Central Business District (CBD) of downtown Delray Beach; (7) Within one thousand (1,000) feet of any public or private school between the hours of 7:00 a.m. and 5:00 p.m.; (8) From any vehicle that plays amplified music or other sounds in violation of the City's noise ordinance. (c) It shall be unlawful to engage in the an act or acts of panhandling, begging or solicitation when either the solicitation or the person being solicited is located in, on, or at any of the following locations: (1) bus stop or an): public transportation facility; 4 ORD. NO. -14 (21 public transportation vehicle: (3) area within fifteen feet (15'), in any direction, of a sidewalk cafe: (4i parking lot. parking garage. or parking j2ay station owned or operated by the city (5) park owned or operated by the city (6) area within fifteen feet (15'), in any direction, of an automatic teller machine: (7) area within fifteen feet (15'), in any direction, of the entrance or exit of a commercial or governmental building, or (8) private property. unless the person panhandling has permission from the owner of such propetty. (dl It shall be unlawful to engage in the act of Aggressive Panhandling in any location in the city. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of .2014. ATTEST: City Clerk First Reading Second Reading MAYOR 5 ORD. NO. -14 0 ro l7 m Z z W J V r) � Z � Q w = cn Z rvo <- O � LL N F� J W �j U Q Z U w M NO � W O LL N W ry u W G 0 Z u 0 a W N a J Z a 2 w a a R. co W LL Z O H w U Z Z w w O LL w z r�' : Z 0 w D U J C7 � Z W J N Q � 0 z Q LL = J Z U a M r-I . O N Z LU q z J co ' NI M N• MI a IL a a. LL: -J1 zE z. z z' 1 V O. O. O. 0< U Ui Ui a. U CL U z z w z w z I.E. fn fn, z fn� z' m 1 co L' L m' 0 mi 0 i W U' U w U' w U! 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Cl m T+ N +C[ 2 O N t:1 O N V) Y L d' ONO g' ONO m M 7 2 in cc 2 ry ., Q ZZ 3: I z Q Z Pd ; N Q w cs N Tr m o dt am > m m 17 m N � C'^i ry r-4 r,, o a' 4 In R N ItiJ C" N a-i rl Q �i to > Q m m I d in N 000 _ m to ul N m m M N f te W "r T-4 co 00 co N u 0 m T-I a m Qcan m cmr V OR �R {3. E Qr! LA 'e ! IF p In o Lai S- Z i Z7 i Na m O r m in In I rn to 0.. Cl m T+ N t:1 0 ry Riders cheating Plantation tram service, officials say - Sun Sentinel Page 1 of 2 sun - sentinel.com/news /broward/fl- plantation -tram- fee - theft - 20140330,0,547753 8. story Sun Sentinel Riders cheating Plantation tram service, officials say By ;a.sa ;l. lb- aJ.as -D, Sun Sentinel 9:12 AM EDT, March 30, 2014 PLANTATION The city's tram service is being taken for a ride — by the very people who use it. adve1t;semeot The ride costs just 50 cents but riders often cheat, dropping two nickels or even two pennies, if they pay anything at all, city officials said. It's gotten to be such a problem the city is considering shutting down the trams. "I am very disappointed," said Plantation Councilman Jerry Fadgen. "It's going to hurt the people who have been honest and putting in the proper fare." Those in the know say passengers who pay less than they should are all too common on South Florida buses, trolleys and trams. "People are going to cheat," said William Howard, head of the .Brovlard Cvi nw bus drivers union. "When you put people on an honor system, it doesn't usually go too well." It's a problem on 1 o ia d Cog- -t y buses, although on a smaller scale, said Howard, president of Amalgamated Transit Union Local 1267. The county spent thousands of dollars for fare boxes that automatically count the change, he said. Most city systems aren't so sophisticated. On the trams in Plantation and other cities, passengers drop their coins into a metal box, but the machines don't count the coins. Plantation officials said they don't want the drivers handling the cash either to prevent theft. Nor do they want them arguing with tightwad passengers, because it's more important to keep the trams moving on time. On his route on Friday, driver Gilles Charles noticed that one person paid just 35 cents, and another 45 cents. It would be improper to say anything, he said, even though scrawled on the fare box reads "No money no ride." "It's hard to tell people you didn't put in the right money; you have to respect people," he said. Maybe the cheaters are just hard on their luck, suggested rider Ernst Daniel, 43, who paid the 50 cents. "Sometimes people can't afford 50 cents. And this year it's 50 cents, next year will be a dollar." Beryl Williams, 68, said she pays her fare and everyone else should too. "We need it to go places," Williams said. "It's a blessing. It's worth it." http: / /www. sun- sentinel. com/news/broward/fl- plantation -tram- fee -theft- 201403 3 0, 0,291243... 4/1/2014 Riders cheating Plantation tram service, officials say - Sun Sentinel Page 2 of 2 Some cities let people ride free and at least one, Tamarac, says its riders sometimes drop too much money in the collection box. "Our experience has been quite positive," said Elise Boston, city spokeswoman. "We sometimes receive a foreign coin. Occasionally, people will overpay when they don't have exact change ... so it all balances out." Plantation launched a free trolley in the midtown area in 2006, but shut it down after a year because of low ridership. The city moved to trams in 2009, shuttling passengers to stops including Publix, the library, the Westfield Broward Mall and government centers. They run from 7 a.m. to 7:45 p.m. weekdays and 8 a.m. to 5 p.m. Saturdays. The trams used to be free, but the city began charging in November. Through February, the city collected $3,311 less than it should have, and the numbers are mounting. City revenue records indicate nearly a third of riders cheat. The decision to charge riders has also reduced the number of people taking the trams, from about 10,000 a month in November to about 7,000 a month in February. The city has a contract to run the trams until September, and at that point may abandon the program if changes cannot be made to cut the city's losses. or 954 -572 -2008 Copyright © 2014, South Florida Sun - Sentinel http: / /www.sun- sentinel.cominewslbrowardlfl- plantation -tram- fee -theft- 20140330,0,291243... 4/1/2014 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: April 2, 2014 SUBJECT: AGENDA ITEM WS.5 - WORKSHOP MEETING OF APRIL 8, 2014 PROPOSED ORDINANCE REGARDING PROHIBITION OF PUPPY MILLS ITEM BEFORE COMMISSION Discussion regarding puppy mills and possible ordinance prohibiting same. BACKGROUND Recently some residents requested that the City consider drafting an ordinance to prohibit puppy mills and/or the sale of puppies from a pet store that obtains its puppies from locales that have substandard breeding practices that mass - produce animals for retail sale to the public at large. To date, the following cities in South Florida have passed ordinances prohibiting the sale of animals obtained from "puppy mills ": 1. Lake Worth 2. Wellington 3. Coconut Creek 4. Parkland 5. Palmetto Bay 6. Hallandale Beach 7. Pinecrest 8. Margate 9. Davie I have drafted a proposed ordinance (attached hereto for your review) that provides that dogs and cats may not be displayed, sold, traded, delivered, bartered, rented, auctioned, given away, transferred, offered for sale, or otherwise disposed of by any pet store located within the City of Delray Beach. This prohibition shall not apply to: A pet store that breeds or rears the animals on its premises; 2. A publicly operated animal control facility or shelter; A private, charitable, nonprofit humane society or animal rescue organization; or 4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. Further, the proposed ordinance provides that all pet stores must post in a conspicuous place, on or within three (3) feet of each animal's kennel, cage, or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. Violations would be subject to a fine of $250.00 if uncontested, $500.00 if contested. Community Improvement has researched and found only one (1) pet store currently operating within the City's limits. While we have other pet supply stores located in Delray's city limits, they only rarely sell animals and when they do, the sales are a public shelter adoption special event. RECOMMENDATION City Commission direction. ORDINANCE NO. -14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 91, "ANIMALS ", BY ENACTING A NEW SECTION 91.19, "RETAIL SALE OF DOGS AND CATS" TO PROVIDE FOR REGULATIONS REGARDING DOG AND CAT SALES; AND AMENDING CHAPTER 37, "CODE ENFORCEMENT ", SECTION 37.45, "SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES ", SUBSECTION (Q), "CIVIL PENALTIES" TO PROVIDE PENALTIES; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, according to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories," that mass - produce animals for sale to the public, many of which are sold at retail in pet stores; and WHEREAS, because of the lack of proper animal husbandry practices at those facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, while breeding animals utilitzed there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and WHEREAS, while not all dogs and cats sold in retail pet stores are the products of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten factories," the City Commission believes that "puppy mills" and "kitten factories" continue to exist in part because of public demand and the sale of dogs and cats in pet stores; and WHEREAS, the City Commission believes that prohibiting the retail sale of dogs and cats in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the City; and WHEREAS, the City Commission believes that the prohibition of the retail sale of dogs and cats in pet stores in the City will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 91, "Animals ", Section 91.19, "Retail Sale of Dogs and Cats ", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 91.18 — RETAIL SALE OF DOGS AND CATS. A. Definitions. For the purpose of this chapter: (1) Animal Rescue Organisation means a duly incorporated nonl2rofit organization devoted to the rescue, care, and adoption of stray, abandoned, or surrendered animals and which dos not bred animals. (2) Animal Shelter means a municipal or related public animal shelter or dull incorporated nonprofit organization devoted to the rescue, care, and adoption of stray, abandoned, or surrendered animals, and which does not breed animals. (3) Cat means an animal of the Felidae family of the order Carnivora. (4) Certificate of Source means a document declaring the source of origin of the dog or cat sold or transferred, or offered for sale or transfer, b): the store. The certificate shall include the name and address of the original source of the dog or cat and license information if the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certif�g the accuracy of the certificate, and b,T� purchase or transferee of the companion animal acknowledging receipt of the certificate. ( Dog means an animal of the Canidae family of the [orderl Carnivora. (6) Pet Store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and /or cats, including puppies and kittens, regardless of the age of the dog or cat. (7) Pet Store Ot)eratormeans a person who owns or operates a pet store, or both. B. Sale or Transfer of Dogs and /or Cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City on or after the effective date of this chapter. C. Exemptions. This chapter does not apply to: (1) A person or establishment that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, �ives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment; or (2) A publiclLperated animal control facility or animal shelter: (3) A private, charitable, nonprofit humane society or animal rescue organization; ORD. NO. -14 (4) A publicl3� operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. D. Certificate of Source. (1) A pet store shall post and maintain in a conspicuous place, on or within three (3) feet or each animal's kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (2) Any law enforcement officer or employee of a municipal or county animal shelter mad. at an, time, request to review copies of such certificates and, upon such request, the pet store must present such certificates at that time and without delay E. Adoption of Shelter and Rescue Animals. Nothing in this section shall prevent a pet store or its owner, operator, or employ. from providing space and appropriate care for animals owned b�: a publicl�: operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency that is registered with the count, and maintained at the pet store for the purpose of adopting those animals to the public. F. Violations En orcement. (1) An): person who violates this section shall be subject to the penalties set forth in Chapter 37 of the Code of Ordinances. (2) Additionally, the Ci , may initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section. Section 2. That Chapter 37, "Code Enforcement ", Section 37.45, "Supplemental Code Enforcement Procedures ", Subsection (Q), "Civil Penalties ", shall hereby be amended as follows: (Q) Civil Penalties. Code Section Description of Violation CITY CODE OF ORDINANCES GARBAGE AND TRASH 51.02 Dumping on private property is prohibited 51.03 Garbage placed in containers 0MY Penalty Non - Contested Contested 200.00 275.00 150.00 225.00 ORD. NO. -14 51.20 (A) and (B) Removal of building materials ABANDONED PROPERTY JUNK, TRASH & DEBRIS 90.02 owner's responsibility 100.00 175.00 51.22 Vegetative waste collection 100.00 175.00 51.23 Bulk trash collection 100.00 175.00 51.35 - 51.40 Required and approved trash containers, 150.00 225.00 90.07 roll -offs, maintenance, replacement 100.00 175.00 51.41 - 51.44 Garbage preparation; use of containers 50.00 125.00 51.45 Construction receptacles 150.00 225.00 51.55 - 51.59 Special refuse; recycling 100.00 175.00 9 8.0 3 (A) All other violations of Section 51 100.00 175.00 ABANDONED PROPERTY JUNK, TRASH & DEBRIS 90.02 Allowing wrecked, dismantled, unlicensed or 100.00 175.00 96.04 inoperable vehicles or vessels on public property 150.00 225.00 90.03 Allowing wrecked, dismantled, unlicensed, 150.00 225.00 96.08 (B) (C) inoperable vehicles or vessels on private property 150.00 225.00 90.07 Allowing repair work outside an enclosed 100.00 150.00 96.16 building; storage of dismantled vehicles 150.00 225.00 90.16 Operating junk yard without obtaining 150.00 225.00 GARBAGE ON required permits 250.00 325.00 9 8.0 3 (A) All other Section 90 violations 100.00 175.00 ANIMALS 91.19 Unlawful retail sales of dogs and cats /Failure to 250.00 500.00 post or falsified certificate of source FIRE SAFETY 96.02 Inspection required 100.00 175.00 96.04 Open burning prohibited 200.00 275.00 96.05 (c) Objects within 5 feet of fire hydrant 150.00 225.00 96.08 (B) (C) Storage, discharge or release of hazardous wastes 100.00 150.00 96.16 Adoption of N.F.P.A. - any other violation of N.F.P.A. 150.00 225.00 GARBAGE ON PRIVATE PROPERTY 9 8.0 3 (A) Unlawful deposit of garbage 150.00 225.00 9 8.0 3 (B) Unlawful accumulation of garbage 150.00 225.00 LITTER ON PRIVATE PROPERTY 98.04 (A) Unlawful deposit of litter 150.00 225.00 98.04 (B) Unlawful existence of litter 150.00 225.00 98.04 (C) Property to remain free of litter 150.00 225.00 4 ORD. NO. -14 LITTER ON BUSINESS 9 8.0 5 (A) Unlawful deposit of litter in business 150.00 225.00 9 8.0 5 (B) Unlawful existence of litter in business 150.00 225.00 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2014. ATTEST: City Clerk First Reading Second Reading MAYOR 5 ORD. NO. -14 City of Lake Worth, Florida Municode LAtP-- Vjof--t� Page 1 of 2 Sec. 6 -3. Retail sales of dogs and cats. (a) Definitions. For the purpose of this chapter: Animal rescue organization means a duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals and which does not breed animals. Animal shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. Cat means an animal of the Felidae family of the order Carnivora. Certificate of source means a document declaring the source of origin of the dog or cat sold or transferred, or offered for sale or transfer, by the pet store. The certificate shall include the name and address of the original source of the dog or cat and license information if the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certifying the accuracy of the certificate, and by the purchase or transferee of the companion animal acknowledging receipt of the certificate. Dog means an animal of the Canidae family of the [order] Carnivora. Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, including puppies and kittens, regardless of the age of the dog or cat. Pet store operator means a person who owns or operates a pet store, or both. (b) Sale or transfer of dog and /or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the city on or after the effective date of this chapter. (c) Exemptions. This chapter does to apply to: (1) A person or establishment that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment; (2) A publicly operated animal control facility or animal shelter; (3) A private, charitable, nonprofit humane society or animal rescue organization; or (4) A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. (d) Certificate of source. (�) A pet store shall post and maintain in a conspicuous place, on or within three (3) feet of each animals' kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (2) Any law enforcement officer or employee of a municipal or county animal shelter may, at any time, request to review copies of such certificates and, upon such request, the pet store must present such certificates at that time and without delay. http: // library. municode .cornlprint.aspx ?h= &clientID =10091 &HTMRequest= http %3a %2fllo... 2/6/2014 Municode Page 2 of 2 (e) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store or its owner, operator, or employees, from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency that is registered with the county, and maintained at the pet store for the purpose of adopting those animals to the public. (fl Violations — Enforcement. (1) Any person who commits an act in violation of this section is may be prosecuted for such violation pursuant to_' -mi iion 1 -6 of this Code of Ordinances. Alternatively, a violation of this section may be charged as a civil infraction pursuant to ser> on 6 =' of this Code of Ordinances, in which case, upon conviction, the person shall be punishable as provided section 6 -9 of this chapter. (2) The city may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter. (3) A pet store found to have falsified a certificate of source shall pay two thousand five hundred dollars ($2,500.00) in damages to each recipient of such falsified certificate. Ord. No. 2011 -05, F -1, 2-15-11 http:// library. municode .com /print.aspx ?h= &clientID =10091 &HTMRequest= http %3a %2f%... 2/6/2014 Village of Wellington, Florida 1 ORDINANCE NO. 2014-02 2 3 AN ORDINANCE OF WELLINGTON, FLORIDA'S 4 COUNCIL, AMENDING CHAPTER 14 OF THE CODE OF 5 ORDINANCES BY CREATING A NEW SECTION .14 -2, 6 ENTITLED "RETAIL SALE OF DOGS AND CATS/ 7 PROHIBITION OF PUPPY AND KITTEN MILLS"; 8 PROVIDING FOR CONFLICT; PROVIDING FOR 9 CODIFICATION; PROVIDING FOR SEVERABILITY; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, according to the Humane Society of the United Stated, hundreds of 13 thousands of dogs and cats in the United States have been housed and bred at 14 substandard breeding facilities, known as "puppy mills" or kitten factories," that mass - 15 produce animals for sale to the public, many of which are sold in pet stores; and 16 17 WHEREAS, cats and dogs that are bred in puppy mills or kitten factories often 18 suffer from health, social and /or temperament problems that sometimes result in costly 19 treatment or even death; and 20 21 WHEREAS, in addition to the congenital and hereditary conditions resulting from 22 substandard breeding facilities, dogs and cats bred at these facilities may arrive in pet 23 stores and their new homes with giardia, parvovirus, and distemper, illnesses that can 24 be transmitted to healthy family animals; and 25 26 WHEREAS, while not all dogs and cats sold in retail pet stores are the product of 27 inhumane breeding conditions and not every commercial breeder selling dogs or cats to 28 pet stores operates "puppy mills" or "kitten factories," these facilities continue to exist in 29 part because of public demand for the sale of dogs and cats in pet stores; and 30 31 WHEREAS, according to the Humane Society of the United States, Florida has 32 the highest number of consumer complaints submitted to the Humane Society and the 33 highest number of complaints about puppies purchased from pet stores; and 34 35 WHEREAS, prohibiting the retail sale of dogs and cats in the Village will promote 36 community awareness of animal welfare and will encourage pet consumers to adopt 37 dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the 38 public of sheltering animals. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE 41 VILLAGE OF WELLINGTON, FLORIDA: 42 43 SECTION 1: Chapter 14 of the Village of Wellington's Code of Ordinances is 44 amended to create Section 14 -2, "Retail Sale of Dogs and Cats /Prohibition of Puppy 45 and Kitten Mills," as follows: 46 2 3 Section 14 -2. Retail Sale of Dogs and Cats. 4 5 (1) Definitions. For purposes of this section, the following definitions shall apply: 6 7 a. "Animal rescue organization" means a duly incorporated nonprofit organization 8 devoted to the rescue, care and adopting of stray, abandoned or surrendered 9 animals and which does not breed animals. 10 b. "Animal shelter" means a municipal or related public animal shelter or duly 11 incorporated nonprofit organization devoted to the rescue, care and adoption of 12 stray, abandoned or surrendered animals, and which does not breed animals. 13 c. "Cat" means an animal of the Felidae family of the order Carnivora. 14 d. "Dog" means an animal of the Canidae family of the Carnivora. 15 e. "Pet store" means any retail establishment open to the public that sells or transfers, 16 or offers for sale or transfer, dogs and /or cats, regardless of the age of the dog or 17 cat. 18 f. "Pet store operator" means a person who owns or operates a pet store. 19 g. "Puppy or Kitten Mill" means a facility where dogs and cats are bred for the purpose 20 of selling them and where any two (2) of the following conditions are found to exist: 21 a. More than twenty (20) puppies (under the age of 12 weeks) or more than 22 twenty (20) kittens (under the age of 16 weeks) are kept at a single time; 23 b. No genetic (heredity) health testing appropriate for the breed is conducted; 24 c. No long -term (over one (1) year) guarantees are offered; 25 d. A single female is bred every cycle; 26 e. A single female is bred more than five (5) times; 27 f. There are no records of the dogs' or cats' parents; 28 g. More than eight (8) dogs or kittens are kept in a single enclosure For 29 purposes of this ordinance, the space requirements for dogs and cats/kittens 30 shall comply with Section 4- 23(h)((3)(d)(1)(D)(i) though (vii) and 4- 31 23(h)(3)(d)(1)(E)(i)(a) -(b) of the Palm Beach County Code of Ordinances 32 known as the Palm Beach County Animal Care and Control Ordinance of 33 1998. 34 35 (2) Puppy,and Kitten mills. 36 37 It shall be unlawful for any person or entity to establish, operate or maintain a puppy or 38 kitten mill in the Village of Wellington. 39 40 (3) Sale or transfer of dogs and /or cats. 41 42 No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, 43 transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the Village of 44 Wellington. 45 46 (4) Exemptions. This section does not apply to: 47 48 a. A person that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, 49 gives away, or otherwise transfers or disposes of dogs and/or cats that were bred 50 and reared on property owned by the person I b. An animal shelter. 2 c. An animal rescue organization. 3 d. An animal shelter or animal rescue organization that operates out of or in connection 4 with a pet store. 5 6 (5) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store 7 or its owner, operator or employees from providing space and appropriate care for 8 animals owned by an animal shelter or animal rescue organization and maintained at the 9 pet store for the purpose of adopting those animals to the public. 10 11 (6) Violations — Enforcement. 12 a. Any person who violates this section shall be subject to penalties set forth in 13 Section 1 -12 of this Code of Ordinances. 14 b. Additionally, the Village may initiate a civil action in a court of competent 15 jurisdiction to enjoin any violation of this section. 16 17 SECTION 2. Should any section, paragraph, sentence, clause, or phrase of this 18 Ordinance conflict with any section, paragraph, clause or phrase of any prior Wellington 19 Ordinance, Resolution, or Municipal Code provision; then in that event the provisions of this 20 Ordinance shall prevail to the extent of such conflict. 21 SECTION 3: Should any section, paragraph, sentence, clause, or phase of this 22 Ordinance be declared by a court of competent jurisdiction to be invalid, such decision 23 shall not affect the validity of this Ordinance as a whole or any portion or part thereof, 24 other than the part so declared to be invalid. 25 26 SECTION 4: This Ordinance shall become effective immediately upon adoption 27 of the Wellington Council following second reading. 28 29 PASSED this 14th day of January, 2014 upon first reading. 30 31 PASSED AND ADOPTED this 28th day of January, 2014, on second and final 32 reading. 33 34 WELD I�IGTON 35 ( •33- Fr AGAINST BY 37 Rob Marpolisa Ma or.: 38 40 ' °' Howard `K. • Oates, Jr., Vice Mayor 41 43 Math Willhite, Councilman 45 "Yf� 46 `Anne GerWig, Councilwoman 48 V 49 John Greene, Councilman 2 AT—TEST: 4 BY: iguez, Clerk 8 APPROVED AS TO FORM AND 9 LEGA r/SUFFJCIENCY lU ll 12 Laurie S. Cohen. Village Attorney l3 14 15 16 17 18 19 W:\Depii-filieiits\Le-.a]\ORDINANCES\Ordiilajice No (Retail Sale of Dogs and Cats).docx City of Coconut Creek, Florida AGENDA ITEM REPORT DATE: January 9, 2014 ITEM: 15 AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDINANCES, ENTITLED "ANIMALS," BY CREATING A NEW SECTION 5 -12 ENTITLED "RETAIL SALE OF DOGS AND CATS." (ORDINANCE NO. 2014 -001) (FIRST READING) (QUASI - JUDICIAL) SUMMARY: The problem with pet overpopulation has been in the news recently and Broward County has struggled with this issue for years. Advocates for humane treatment of animals have suggested that controlling the problem needs to intrude controlling the marketing of puppies and kittens raised in inhumane conditions. The proposed ordinance provides detailed regulations to restrict the retail sale of dogs and cats in retail environments and encourages adoption of pets available at the Humane Society or other shelters. This ordinance was modeled after comparable amendments made by the City of Hallandale Beach and the City of Pinecrest. DEPARTMENT: Sustainable Development ORDINANCE NO. 2014 -001 AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, AMENDING CHAPTER 5, CODE OF ORDINANCES ENTITLED "ANIMALS," BY CREATING A NEW SECTION 5 -12 ENTITLED "RETAIL SALE OF DOGS AND CATS;" PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, according to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories," ( "Facilities ") that mass - produce animals for sale to the public; and WHEREAS, because of the lack of proper animal husbandry practices at these Facilities, animals born and raised there are more.likely to have genetic disorders and lack adequate socialization, and breeding animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and WHEREAS, many animals produced in these Facilities are purchased by retail pet stores for sale to the public; and WHEREAS, while not all dogs and cats sold in retail pet stores are the product of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten factories," the City Commission believes that puppy mills and kitten factories continue to exist in part because of public demand fueled by the availability of dogs and cats in pet stores leading to "impulse" purchases of animals; and WHEREAS, the City Commission believes that prohibiting the retail sale of dogs and cats in the City will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the City; and WHEREAS, the City Commission believes that the prohibition of the retail sale of dogs and cats in pet stores in the City will reduce impulse purchases of pets, which can lead to abandonment or mistreatment of the animals once they have outgrown their initial puppy or kitten appeal and will also encourage pet consumers to adopt dogs and cats from shelters where proposed owners are screened for their suitability with respect CODING: Words in ahw& thretry+k► type are deletions from existing text. Words in underscored type are additions to existing text. A line of * ** indicates existing text not shown. 1 to the animal, thus reducing the likelihood that the animal will be mistreated or abandoned and thereby saving animals' lives and reducing the cost to the public of sheltering animals; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That Chapter 5, Code of Ordinances, entitled "Animals" is hereby amended to create Section 5 -12, "Retail' Sale of Dogs and Cats," as follows: Sec. 5 -12. Retail Sale of Dogs and Cats. (1) Definitions. For purposes of this section, the following definitions shall apply: Animal rescue organization means humane society or other duly incorporated nonprofit organization registered with the Florida Department of State and operated as a bona fide charitable organization under Section 501(c) 3 of the Internal Revenue code, which organization is devoted to the rescue, care and /or adoption of stray, abandoned or surrendered animals and which does not breed animals. Animal Shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and /or adoption of stray, abandoned or surrendered animals, and which does not breed animals. Cat means an.animal of any age of the Felidae family of the order Carnivora. Certificate of source means a document declaring the source of origin of a dog or cat sold or transferred or offered for sale or transfer. A certificate of source shall include the name and address of the original source of the dog or cat and license information of the original source breeder evidencing that the original source breeder is licensed by the United States Department of Agriculture. and shall be signed by. both the pet store certifying the. accuracy of the certificate and by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate. Dog means an animal of any age of the Canidae family of the Carnivora. Hobby Breeder means any person or entity that causes or allows the breeding or studding of a dog or cat resulting in no more than a total of one litter per adult animal per calendar year whether or not the animals in such litter are offered for sale or other transfer. Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and /or cats, regardless of the age of the dog or cat. CODING; Words in sip We are deletions from existing text. Words in underscored type are additions to existing text. A line of * ** indicates existing text not shown. 2 Pet store operator means a person who owns or operates a pet store. (2) Sale or transfer of dogs and /or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City of Coconut Creek on or after the effective date of this Ordinance. (3) Exemptions. This section does not apply to: (a) A Hobby Breeder as defined herein. (b) A person or pet store that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of dogs and /or cats that were bred and reared on property zoned for such purpose within the City of Coconut Creek and owned by such person or pet store. (c) An animal shelter. (d) An animal rescue organization. (e) An animal shelter or animal rescue organization that operates out of or in connection with a pet store or other retail store. (4) Certificate of Source. A pet store shall post and maintain in a conspicuous place, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure, a certificate of source of each dog or cat - offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. Section 2: All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3: It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances; and that the sections of this Ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase to accomplish such intentions. Section 4: In the event that any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5: This Ordinance shall become effective immediately-upon passage by the City Commission on second reading. CODING: Words in ire type are deletions from existing text. Words in underscored type are additions to existing text. A line of *** indicates existing text not shown. 3 PASSED FIRST READING THIS DAY OF 12014. PASSED SECOND READING THIS DAY OF , 2014. Atfest: Jacquelyn Cook, CIVIC Acting City Clerk Rebecca A. Tooley, Mayor Tooley Aronson Sarbone Belvedere Welch 1st 2nd WSS:jw SAData\Development Services \Common \Documents \PLANNING & ZONING\Project Coordinator\Ordinances \00752 ch 5 puppy milis.docx 11 -5 -13 PAR11 -6 -13 CODING: Words in strjGk thm type are deletions from existing text. Words in underscored type are additions to existing text. A line of *** indicates existing text not shown. 4 --� rn i Minutes Regular Meeting No. 2014 -02 January 9, 2014 Page.5 Mr. Mele said Cusano's Bakery would be occupying the warehouse building in the back and on their behalf he thanked the City and staff for the time spent on this relocation. Commissioner Welch asked if the number of parking spaces would accommodate the warehouse once it is leased. Mr. Mele noted that after extensive review there is more parking provided than required by City Code for all uses. Vice Mayor Aronson asked if Carl's Furniture had previously occupied the warehouse. Mr. Baker explained that previously Carl's had occupied the whole warehouse and now occupies 50,000 square feet. Discussion ensued. Mr. Baker said he would work with the landlord on any issues and expressed concern regarding the parking overflow from Bru's room. He noted that the City allowing the berm in front of the Carl's building to be removed was a great improvement to the center as well as business as it provides more visibility of the building. Vice Mayor Aronson suggested the staff continue to monitor the parking situation with Bru's room as well as monitoring by the Police Department. Upon roll call, the motion was passed on a 5 -0 vote. 15. MOTION TO ADOPT an ordinance amending Chapter 5, Code of Ordinances, entitled "Animals," by creating a new Section 5 -12 entitled "Retail Sale of Dogs and Cats." (ORDINANCE NO. 2014- 001)(FIRST READING)(OUASI- JUDICIAL) Ordinance No. 2014 -001 was read by title by Mr. Stuart. MOTION: Aronson /Sarbone — To adopt Ordinance No. 2014 -001. Ms. Rose said this issue is a concern to Broward County as well as nationwide and this ordinance provides for no new facilities to sell dogs and cats. It does allow displaying shelter animals or making those pets available for adoption in the pet stores. Mayor Tooley requested all speaking on this item be sworn by the court reporter. Mr. Stuart noted a change in the wording of the ordinance; the fifth whereas clause on page one change the word prohibiting to restricting as well as in the next whereas clause. MOTION: Sarbone /Aronson — To amend Ordinance No. 2014 -001, to use the word prohibiting to restricting in the two whereas clauses. Upon roll call, the motion was passed on a 5 -0 vote. Commissioner Sarbone supported this ordinance particularly to encourage the adoption of shelter dogs. Commissioner Belvedere supported this ordinance as well and felt the Certificate of Source is an important requirement to know the origins of the animal. Minutes Regular Meeting No. 2014 -02 January 9, 2014 Page 6 Mr. Stuart noted, for the record, that a document (one page) had been distributed from Broward County Animal Care supporting this ordinance and a document (three pages) dated January 9, 2014, from the Pet Industry Joint Advisory Council ( PIJAC), Washington, D.C., opposing the ordinance. Mayor Tooley opened the public hearing. Michele Lazaro, Commissioner, City of Hallandale Beach, spoke of her dog purchase from a store with the dog's subsequent health problems. She noted this ordinance has been enacted in 40 U.S. cities as well as Ventura County. As there are currently no stores open in the City this is a proactive approach to a problem. By passing this ordinance, the City is supporting Broward County in becoming a no kill community. The City of Coconut Creek will be nationally recognized as a city of compassion and concern for all. She thanked Mr. Stuart for acknowledging PIJAC is representing the number one puppy mill broker. City of Margate Mayor Lesa Peerman, 6921 NW 4 Place, Margate, advised that the Vice Mayor and she both adopted from the Broward County Humane Society a week after passing this ordinance. Chris Dominic, 5543 NW 55 Terrace, said she is a long -time volunteer at animal shelters and read a letter from Broward County Animal Care regarding the importance of adopting this ordinance. Vice Mayor Aronson spoke briefly regarding her purchase of animals and then adoption instead. There are so many animals that need homes all should be encouraged to adopt. For the record, she advised she had received communication from several entities and she would provide copies to the City Clerk's office. Upon roll call, the motion, as amended, was passed on a 5 -0 vote. 16. MOTION TO ADOPT an ordinance approving the Special Land Use application submitted by the South Florida Academy of Learning for a kindergarten through 12th grade school located at 3700 Coconut Creek Parkway, Coconut Creek, Florida, 33066, pursuant to Section 13 -35 of the Land Development Code. (ORDINANCE NO. 2014 - 002)(FIRST READING)(QUASI- JUDICIAL) Ordinance No. 2014 -002 was read by title by Mr. Stuart. MOTION: Belvedere /Aronson — To adopt Ordinance No. 2014 -002. Ms. Rose explained this ordinance would approve a special land use to allow a new school to be located in what was formerly the Technological University of America (TUA) site on Coconut Creek Parkway. It was previously an adult, technical school and this school will be for children. Mayor Tooley requested all speaking on this item be sworn by the court reporter. City of Parkland, Florida Municode Page 1 of 1 Parkland, Florida, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 3 - ANIMALS >> ARTICLE III. PUPPY MILLS >> ARTICLE III. PUPPY MILLS Sec. 3 -49. Puppy mills. Sec. 3 -49. Puppy mills. (a) A puppy mill is hereby defined as a facility where dogs are bred for the purpose of selling them and where any two (2) of the following conditions are found to exist: (1) More than twenty (20) puppies (under the age of twelve (12) weeks) are kept at a single time; (2) No genetic (heredity) health testing appropriate for the breed is conducted; (3) No long -term (over one (1) year) guarantees are offered; (4) A single female is bred every cycle; (5) A single female is bred more than five (5) times; (6) There are no records of the dogs' parents; (7) More than eight (8) dogs are kept in a single cage or fenced area. (b) It shall be unlawful for any person or entity to establish, operate or maintain a puppy mill in the City of Parkland. (c) It shall be unlawful for any retailer or wholesaler who sells puppies to the public or other entities or organizations to purchase puppies from a puppy mill. (d) Any person or entity found violating this section shall be guilty of a punishable fine of up to five hundred dollars ($500.00). Each day that the violation exists shall be considered a separate violation of this section punishable by a five hundred dollar ($500.00) fine. (Ord. No. 2010 -26, § 2, 11 -30 -2010) http: //Iibrary.municode.com/ print. aspx? h= &clientID= 11286 &HTMRequest= http %3 a %2f%... 4/1/2014 Village of Palmetto Bay, Florida ORDINANCE NO. 2013-14 AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AMENDING SECTION 30- 50.16(B)(44) OF THE CODE OF ORDINANCES RELATING TO PET STORE USE WITHIN THE B -1 ZONING DISTRICT TO SPECIFICALLY REFERENCE THE PROVISIONS OF 30- 60.31; AND CREATING SECTION 30- 60.31, ENTITLED "RETAIL SALE OF DOGS AND CATS;" TO PROVIDE CONDITIONS RELATING TO THE SALE OF DOGS AND CATS; PROVIDING FOR VIOLATIONS AND A $250.00 FINE; PROVIDING FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, according to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories," that mass- produce animals for sale to the public, many of which are sold at retail in pet stores; and, WHEREAS, because of the lack of proper animal husbandry practices at those facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, while breeding animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and, WHEREAS, while not all dogs and cats sold in retail pet stores are not the products of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores operates "puppy mills" or "kitten factories," the Village Council believes that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores; and, WHEREAS, the Village Council believes that prohibiting the retail sale of dogs and cats in the Village will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the Village; and, WHEREAS, the Village Council believes that the prohibition of the retail sale of dogs and cats in pet stores in the Village will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals; and, WHEREAS, Section 30- 50.16, delineates the uses authorized as of right within the B -1, Limited Business District, which uses include pet shops; and, WHEREAS, Section 30- 50.16(b)(44), is proposed for amendment to cross - reference new section 30- 60.31, entitled "Retail Sale of Dogs and Cats" and delineates the parameters under which these animals may be sold to the community; providing for definitions; and penalties. Page 1 of 4 Additions shown by underlininc and deletions shown by Wig. BE IT ENACTED BY THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, AS FOLLOWS: Section 1, Sections 30- 50.16(b)(44) is amended as to the Pet store use listed in the B -1 zoning district, and Division 30 -60, relating to "General Regulations" is amended to include Section 30- 60.31, entitled "Retail Sale of Dogs and Cost," which provisions are amended to read as follows: Division 30 -50 Zoning Districts Section 30- 50.16. B -1, Limited Business District. (a) P#�pw. The purpose of the B -1, Limited Business District, is to provide for retail and service convenience facilities which satisfy the essential and frequent needs of the adjacent residential neighborhood. (b) Usespawi teed. No land, body of water or structure shall be used or permitted to be used and no structure shall be hereafter erected, constructed, moved, reconstructed or structurally altered or maintained in any B -1 District, which is designed, arranged or intended to be used or occupied for any purpose, except for one or more of the following uses: (1) Antique shops. (44) Pet stores, shops, pet care centers and dog beauty and pet grooming as per Section 30- 60.31. DIVISION 30 -60 GENERAL REGULATIONS Section 30- 60.31, Retail Sale of Dogs and fiats. (a) As of December 9, 2013, pet stores, shops or care centers shall be precluded from disply-inZ selling, tradig, delivering, bartering. leasing, renting auctioning. give away, transferring, offer for sale or transfer, or otherwise dispose of dogs or cats in the Village of Palmetto Bay, except as provided below: (1) A person or pet store that sells, delivers, offers for sale, trades. barters, leases, rents, auctions, gives away. or otherwise transfers or disposes- of dogs and /or oats that were bred and reared on ptoperty owner and zoned for the person or pet store. (2) An animal shelter. L An animal rescue organization. Page 2 of 4 Additions shown by undetlipin g and deletions shown by evexsnii g. (4) An animal shelter or animal rescue organization that operates o t of or in conngwgn with a 12KI store. 0a) Certificate of Source. A pet store shall post and maintain, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure. -a certificate of source of each dog or i �t gff =d for Sol; or transfer, and shall pxovide a copy of surh certifi��ate tq the purcha��r or transferee of M dog or cat sold or transferred. } Violations — Enforcement, () Anv person who violates this section shall be subject a $250.00 daily foie. (2) Additionally,. the Village may initiate a civil action in court of cpWamt .wadkdon toe join any zMation Qf l�;t mcdo, j Pet stores or shops that sold dogs or cats prior to December 9, 2013, that did not go=ly with the terms herein shall be vested. If the use is discontinued for six months or more. the use shall be considered non o� nformiaz and the msr,, if re- established is to comply with the foregoing provisions of section 30- 60.31. (d) Definitions, For p=oses of this subsection, the following definitions shall apps: (1) "Animal rescue organizgtiQn" means a duly incorporated nonprofit organization devoted to the rescu% care and adoption of s =, abandoned or surrendered animals and which does not breed animals. "Anignal shgltgi?' =gng g WuaLcJ42al or relatW pMblic 1 shelter or dui incorporated nonprofit organization devoted to the rescue, care and adoption 9f shy, abandoned or surrendered animals, and which does not breed animals. j, "Cat" means an animal of the Felidae family of the order Carnivora. (4) "Certificate of source" means a document declaring the source Qf origin Qf the dog or cat sold or transferr &dor offered for sale or transfer. A certificate of source shall include the name and address of thg Qxiginal source of the dog or gat and license infoxm dM if the original source breeder is licensed by the United States Department of AUiculture and shall be signed by both the pet store cerd ing the 11gor gy Qf the cerdfiote and by the purchaser or transferee of the dog or cat acknowledgingpt of the certificate, (5) "Dog�' means an animal of the Canidae fan& gf the CgrtuygM, (6) "Pet Store" means any retail establishment oven to the public that sells Qr transfers, gr offers fox sale Qr transf er. dogs and/or cats, Ma dless of the age of the dog ox c, at. CZ) "Pet store Qpgrator" means g person who owns M operates a pet store. Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 3. This ordinance shall be codified and included in the Code of Ordinances. Page 3 of 4 Additions shown by undtlinin and deletions shown by evem Section 4 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5• This ordinance shall take effect immediately upon enactment. First Reading. November 4, 2013 Second Reading: December 9, 2013 PASSED AND ENACTED this 9'h day of Attest; ei an Alexander ge Clerk FINAL VOTE AT ADOPTION: Council Member Patrick Fiore YES Council Member Tim Schaffer )E Council Member Joan Lindsay NO Vice -Mayor John DuBois YES Mayor Shelley Stanczyk YES Page 4of4 Additions shown by emderliaing and deletions shown by ewers g. City of Hallandale Beach, Florida 1 ORDINANCE NO. 2012 - 03 2 3 AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, 4 FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF 5 ORDINANCES BY CREATING A NEW. SECTION 6 -12, 6 ENTITLED "RETAIL SALE OF DOGS AND CATS ;" PROVIDING 7 FOR CONFLICT; PROVIDING FOR INCLUSION IN THE CODE; 8 PROVIDING FOR SEVERABILITY; PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, according to the Humane Society of the United States, hundreds of 12 thousands of dogs and cats in the united States have been housed and bred at substandard 13 breeding facilities known as "puppy mills" or "kitten factories," that mass - produce animals for 14 sale to the public, many of which are sold at retail in pet stores; and 15 16 WHEREAS, because of the lack of proper animal husbandry practices at those facilities, 17 animals born and raised there are more likely to have genetic disorders and lack adequate 18 socialization, while breeding animals utilized there are subject to inhumane housing conditions 19 and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; 20 and 21 WHEREAS, while not all dogs and cats sold in retail pet stores are not the products of 22 inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet 23 stores operates "puppy mills" or "kitten factories," the City Commission believes that puppy mills 24 and kitten factories continue to exist in part because of public demand and the sale of dogs and 25 cats in pet stores; and 26 27 WHEREAS, the City Commission believes that prohibiting the retail sale of dogs and 28 cats in the City will promote community awareness of animal welfare and, in turn, will foster a 29 more humane environment in the City; and 30 31 WHEREAS, the City Commission believes that the prohibition of the retail sale of dogs 32 and cats in pet stores in the City will also encourage pet consumers to adopt dogs and cats from 33 shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 36 OF HALLANDALE BEACH, FLORIDA: 37 38 SECTION 1, Chapter 6, Article I, Animals, of the Code of Ordinances of the City of 39 Hallandale Beach, Florida, is amended to create Section 6 -12, "Retail Sale of Dogs and Cats," 40 as follows: 1 ORD. NO. 2012 - 03 41 Section 6 -12. Retail Sale of Dogs and Cats. 42 43 (1) Definitions. For purposes of this section, the following definitions shall apply: 44 a. "Animal rescue organization" means a duly incorporated nonprofit organization 45 devoted to the rescue, care and adoption of stray, abandoned or surrendered 46 animals and which does not breed animals. 47 b. "Animal shelter" means a municipal or related public animal shelter or duly 48 incorporated nonprofit organization devoted to the rescue, care and adoption of 49 stray, abandoned or surrendered animals, and which does not breed animals. 50 c. "Cat" means an animal of the Felidae family of the order Carnivora. 51 d. "Certificate of source" means a document declaring the source of origin of the 52 dog or cat sold or transferred or offered for sale or transfer. A certificate of source 53 shall include the name and address of the original source of the dog or cat and 54 license information If the original source breeder is licensed by the United States 55 Department of Agriculture and shall be signed by both the pet store certifying the 56 accuracy of the certificate and by the purchaser or transferee of the dog or cat 57 acknowledging receipt of the certificate. 58 e. "Dog" means an animal of the Canidae family of the Carnivora. 59 f. "Pet store" means any retail establishment open to the public that sells or 60 transfers, or offers for sale or transfer, dogs and /or cats, regardless of the age of 61 the dog or cat (see also Pet Shop Chapter 6 Section 1). 62 g. "Pet store operator" means a person who owns or operates a pet store. 63 64 (2) Sale or transfer of dogs and/or cats. 65 No pet store shall.display, sell, trade, deliver, barter, lease, rent, auction, give away, 66 transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City of 67 Hallandale Beach. 68 (3) Exemptions. This section does not apply to: 69 a. A person or pet store that sells, delivers, offers for sale, trades, barters, leases, 70 rents, auctions, gives away, or otherwise transfers or disposes of dogs and/or 71 cats that were bred and reared on property owned by and zoned for the person 72 or pet store. 73 b. An animal shelter. 74 c. An animal rescue organization. 75 d. An animal shelter or animal rescue organization that operates out of or in 76 connection with a pet store. 77 78 (4) Certificate of Source. 79 A pet store shall post and maintain, on or within three (3) feet of each dog's or cat's 80 kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale 81 or transfer, and shall provide a copy of such certificate to the purchaser or transferee 82 of any dog or cat sold or transferred. 83 84' (5) Violations — Enforcement. 85 a. Any person who violates this section shall be subject to the penalties set forth in 86 Section 9 -5 of this Code of Ordinances. 87 b. Additionally, the City may initiate a civil action in a court of competent jurisdiction 88 to enjoin any violation of this section. 2 ORD. NO. 2012 - 03 89 c. In addition to any other penalty, a pet store owner who is found to have falsified a 90 certificate of source shall pay $2,500.00 in damages to each recipient of such 91 falsified certificate. 92 SECTION 2. All ordinances or parts of ordinances and all resolutions or pants of 93 resolutions in conflict herewith are hereby repealed. 94 SECTION 3. It is the intention of the City Commission that the provisions of this 95 Ordinance shall become and be made a part of the Hallandale Beach Code of Ordinances; and 96 that the sections of this Ordinance may be renumbered or re- lettered and the word 'ordinance" 97 may be changed to "section," "article," or such other appropriate word or phrase to accomplish 98 such intentions. 99 SECTION 4. In the event that any section or provision of this ordinance or any portion 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. SECTION 5. This Ordinance shall become effective immediately upon passage by the City Commission on second reading. PASSED AND ADOPTED on 1st reading April 4, 2012. PASSED AND ADOPTED on 2nd reading April 18, 2012. ATTtST: -CITY0rERK APPROVED AS-'TQ LEGAL SUFFICIENCY FORM: V. V. NN WHITFIELD CITY ATTORNEY 3 ORD. NO. 2012 - 03 VOTE AYE/R�Y Mayor Cooper Vice Mayor Sanders./ Comm. Lowy Comm. London --- Comm. Rose 3 ORD. NO. 2012 - 03 Sec. 6 -12. Retail sale of dogs and cats. Page 2 of 3 (a) Definitions. For purposes of this section, the following definitions shall apply: Animal rescue organization means a duly incorporated nonprofit organization devoted to the rescue, care.and adoption of stray, abandoned or surrendered animals and which does not breed animals. Animal shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. Cat means an animal of the Felidae family of the order Carnivora. Certificate of source means a document declaring the source of origin of the dog or cat sold or transferred or offered for sale or transfer. A certificate of source shall include the name and address of the original source of the dog or cat and license information if the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certifying the accuracy of the certificate and by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate. Dog means an animal of the Canidae family of the [order] Carnivora. Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or cat (see also "pet shop," section 6 -1). Pet store operator means a person who owns or operates a pet store. (b) Sale or transfer of dogs and/or cats. No pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the City of Hallandale Beach. (c) Exemptions. This section does not apply to: (1) A person or pet store that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of dogs and /or cats that were bred and reared on property owned by and zoned for the person or pet store. (2) An animal shelter. (3) An animal rescue organization. (4) An animal shelter or animal rescue organization that operates out of or in connection with a pet store. (d) Certificate of source. A pet store shall post and maintain, on or within three feet of each dog's or cat's kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (e) Violations — Enforcement. (1) Any person who violates this section shall be subject to the penalties set forth in section 9 -5 of this Code of Ordinances. (2) Additionally, the city may initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section. (3) http: //library. municode. com/print. aspx ?h= &clientID= 14646 &HTMRequest= http %3 a %2P%... 4/1/2014 Municode Page 3 of 3 In addition to any other penalty, a pet store owner who is found to have falsified a certificate of source shall pay $2,500.00 in damages to each recipient of such falsified certificate. (Ord. No. 2012 -03, § 1, 4 -18 -2012) http: / /library.municode.coml print. aspx? h= &clientID= 14646 &HTMRequest= http %3a %2f' /o... 4/1/2014 Village of Pinecrest, Florida ORDINANCE NO. 2013 -11 AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, AMENDING CHAPTER 16, ENTITLED "OFFENSES AND MISCELLANEOUS PROVISIONS ", BY CREATING A NEW ARTICLE ENTITLED "RETAIL SALE OF' DOGS AND . CATS"; PROVIDING ' FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, existing state and federal laws regulate dog and cat breeders, as well as pet stores that sell dogs and cats including the Animal Welfare Act ( "AWA ") (7 U.S.C. Section 2131 et seq.); and WHEREAS, the Animal Welfare Act requires, among other things, the licensing of certain breeders of dogs and cats and that these breeders maintain minimum health, safety and welfare standards for animals in their care with enforcement of these requirements by the United States Department of Agriculture ( "USDA "); and WHEREAS, according to The Humane Society of the United States, American consumers purchase dogs and cats from pet, stores that the consumers believe to be healthy and genetically sound, but in. reality, the animals often face an array of health problems including communicable diseases or genetic disorders that present immediately after sale or that do not surface until several years later, all of which lead to costly veterinary bills and distress to consumers; and WHEREAS, according to The Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories," that mass - produce animals for sale to the public; and many of these animals are sold at retail in pet stores; and WHEREAS, according to USDA inspection reports, some additional documented problems found at puppy mills include: (1) sanitation. problems leading to infectious disease; (2.) large numbers of animals overcrowded in cages; (3) lack of proper veterinary care for severe illnesses and' injuries; (4) lack of protection -from harsh weather conditions; and (5) lack of adequate food and water; and WHEREAS, while "puppy mill" puppies and "kitten factory" kittens are being sold in pet stores, many dogs and cats are euthanized by Miami -Dade County's Animal Control Services; and WHEREAS, across the country, thousands of independent pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats; many of these stores collaborate with local animal sheltering and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; and WHEREAS, while the Village Council recognizes that not all dogs and cats retailed in pet stores are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs or cats to pet stores as a "puppy mill" or "kitten factory," it is the Village Council's belief that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores; and WHEREAS, the Village Council believes that eliminating the retail sale of dogs and cats in pet stores in the Village will promote community awareness of animal welfare and, in turn, will foster a more humane environment as well as encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the cost to the public of sheltering animals; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE OF PINECREST, FLORIDA: Section 1. The forgoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby rendered a specific part of this Ordinance upon adoption and shall serve as its legislative history. Section 2. That Chapter 16 of the Village's Code of Ordinances is hereby amended as follows': Article II. Retail Sale of Dogs a�, nd Cats Sec. 16-60. Definitions. For purposes of this article, the following definitions shall may. 1. "Animal shelter" means a public animal shelter or duly incorporated. nonprofit organization devoted to the rescue ' Underlined text has been added. Svike -6 r—eagh text has been deleted. -2- care and adoption of stray, abandoned or surrendered animals, and which does not breed animals. 2. "Cat" means an animal of the Felidae family of the order Carnivora. 8 "Certificate of source" means a document declaring the source of the don or cat sold or transferred by the pet store. The certificate shall include the name and address of the source of the dog or cat. 4. "Dog" means an animal of the Conidae family of the order Carnivora. 5. "Existing pet store" means any pet store or get store operator that displayed. sold, delivered, offered for sale, offered for adoption, bartered, auctioned, gave away, or otherwise transferred cats or dogs in the Village on the effective date of this article and complied with all applicable provisions of the Code of Ordinances. 6. "Pet store" means a retail establishment open to the public and engaging in the business of offering for sale and /or selling animals at retail. 7. "Pet store operator" means a person who owns or operates a pet store, or both.: 8. "Retail sale" includes display, offer for sale offer for adoption, barter. auction, give away, or other transfer of any cat or dop Sec. 60-61. Prohibition. No pet store shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of dogs or cats in the Village on or after the effective date of this article. Sec. 60-62. Existing Pet Stores. An existing pet store may continue to. display, offer for sale, offer for adoption, barter, auction, give away, or otherwise transfer cats and dogs until December 31, 2013. -3- Sec. 60-63. Exemptions. This article shall not applT_ 1. A person or establishment that sells, delivers, offers for sale barters, auctions, gives away, or otherwise transfers or disposes of only animals that were bred and reared on the premises of the person or establishment: 2. A publicly operated animal control facility or animal shelter; 3. A private, charitable, nonprofit humane society or animal rescue organization; ar 4. A publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store. Sec. 60 -64. Ado ttion of Shelter and Rescue Animals. Nothing in this article shall prevent a pet store or its owner, operator or employees from providing space and appropriate care for animals owned by a publicly operated animal control agency, nonprofit humane society, or nonprofit animal rescue agency and maintained at the pet store for the purpose of adopting those animals to the public. Section 2. Sever The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Pinecrest; that the sections of this Ordinance may be renumbered or 0 re- lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date, This Ordinance shall be effective immediately upon adoption on second reading. PASSED on first reading this 1 1 th day of September, 2013. PASSED AND ADOPTED on second reading this 8th day of October, 2013. r _ ri & 4 Cindy Lern yor Attest: r, f G ' o H. guanzo, Jr., CMC s.. Village Clerk�� -« Approved as to Form and Legal Sufficiency: r Village Attorney TI Motion on Second Reading by: Councilmember Corrodino Second on Second Reading by: Councilmember Ross Vote: Councilmembers Corradino, McD;jnald, Ross, Vice Mayor Cutler, and Mayor Lerner voting Yes -5- City of Margate, Florida 1 2 3 CITY OF MARGATE, FLORIDA 4 5 ORDINANCE NO. 1500 -603 6 7 8 AN ORDINANCE AMENDING THE CODE OF THE CITY OF 9 MARGATE, FLORIDA, CHAPTER 4, ANIMALS AND FOWL; 10 SECTION 4 -80 DEFINITIONS; SECTION 4 -81 11 DANGEROUS DOG; SECTION 4 -82 ENFORCEMENT OF 12 VIOLATIONS.; SECTION 4 -85 OUTDOOR PEN 13 REQUIREMENTS; SECTION 4 -86 FENCE REQUIREMENTS; 14 ADDING SECTION 4 -88 SALE OR TRANSFER OF DOG 15 AND /OR CATS; ADDING SECTION 4 -89 MINIMUM 16 STANDARDS - HOUSING AND CARE OF ANIMALS; 17 AMENDING APPENDIX A OF THE ZONING CODE ARTICLE 18 II SECTION 2.2, TERMS DEFINED, ARTICLE VI.- 19 TRANSIT ORIENTED CORRIDOR (TOC) SECTION 6.3 20 PERMITTED USES, SECTION 6.4 - TOC -G GATEWAY 21 PERMITTED USES, ARTICLE XI- NEIGHBORHOOD 22 BUSINESS B -1 DISTRICT, SECTION 11.3.- PERMITTED 23 USES, ARTICLE XII- COMMUNITY BUSINESS B -2 24 DISTRICT, SECTION 12.3 PERMITTED USES, ARTICLE 25 XIII - LIBERAL BUSINESS B -3 DISTRICT, SECTION 26 13.3 PERMITTED USES; PROVIDING FOR SALE AND 27 TRANSFER OF DOGS AND /OR CATS; PROVIDING FOR 28 DEFINITIONS; PROVIDING FOR MINIMUM STANDARDS; 29 PROVIDING FOR ENFORCEMENT; PROVIDING FOR 30 REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING 31 FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE 32 DATE. 33 34 35 WHEREAS, from April 2011 to April 2012, 10,821 cats 36 and dogs were euthanized at Broward County animal shelters; 37 and 38 39 WHEREAS, on April 3, 2012, the Board of County 40 Commissioners of Broward County unanimously approved 41 Broward County Resolution 2012 -271, with the goal of 42 becoming a "no -kill" community; and 1 CODING: Words in struek thWGugh type - are-d-elle ions freme xisting —text; Words in underscored type are additions. 1 2 WHEREAS, while there has been a reduction of 3 euthanized animals in the fourteen (14) months since 4 Broward County embraced a "no -kill" goal, 11,900 dogs and 5 cats have been euthanized at its animal shelters; and 6 7 8 WHEREAS, the City Commission of the City of Margate 9 believes that reduction of the retail sale of dogs and cats 10 in pet stores will encourage pet consumers to adopt dogs 11 and cats from shelters, thereby saving animals' lives and 12 reducing the cost to the public of sheltering animals; and 13 14 WHEREAS, the City Commission of the City of Margate 15 further believes that reducing the retail sale of dogs and 16 cats in pet stores in the City will promote community 17 awareness of animal welfare and support Broward County in 18 meeting its goal to becoming a "no -kill" community. 19 20 NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF MARGATE, FLORIDA: 22 23 SECTION 1: The Code of Ordinances of the City of 24 Margate, Florida, Chapter 4, Section 4 -80, Animals and 25 Fowl, Definition, is hereby amended to read as follows: 26 271 Sec. 4 -80. - Definitions. 28 (a) De f init i en ef ElDangerous dog. 29 ' 1) Any deg has a e � pens_ty; tendeney, -- -ems 30 dispesitien to attaek hufaan beings er ether -anlfRaie 2 CODING: Words in struek through type —a*e from existing text; words in underscored type are additions. 10 11 12 13 14 15 16 17 18 19 20 21 22 the - p}}r-pese —ef this seetien ( 2 ) When unpre etas shall fnean Aeq�~-hat , infl --bitten, assaulted er etherwise i-e t e d--injury- Litt- safety e f hiaman begs aeked-- er-endangeFedthe crhas supe. -f i e ia! - iajury te -er death eaased fnere a e pub : e- er -p�o�e -gyp L of any demest=e -anifna-1 (1) "Dangerous dog" means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (b) Has more than once severely injured or killed a domestic animal while off the owner's property; or (c) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or an public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. CODING: Words in StVuek through type - are -deletie� from - existing -1=ext; Words in underscored type are additions. 1 (d)Has been classified as a dangerous dog in another 2 jurisdiction. 3 (2) "Unprovoked" means that the victim who has been 4 conducting himself or herself peacefully and lawfully 5 has been bitten or chased in a menacing fashion or 6 attacked by a dog. 7 8 (b)Animal rescue organization shall mean a humane 9 society or other non - profit organization that is 10 dedicated to the protection of domestic animals, duly 11 registered with the Florida Department of State, and 12 properly organized as a bona fide charitable 13 organization under Section 501(c)(3) of the Internal 14 Revenue Code. 15 16 (c)Animal shelter shall mean a municipal or related 17 public animal shelter or duly incorporated nonprofit 18 organization devoted to the rescue, care and adoption of 19 stray, abandoned or surrendered animals, and which does 20 not breed animals. 21 22 (d)Certificate of source shall mean a document declaring 23 the source of the dog or cat sold or transferred by a 4 CODING: Words in struek through type are deletions ftmem existing text; Words in underscored type are additions. 1 pet store, including the name and address of the source 2 If the source is not the original breeding location, 3 certificate of source information shall include the 4 breeding location. 5 6 (e)commercial animal enterprise means any animal boarding 7 place or other establishment related to the keeping 8 and /or care of animals including the breeding, boarding, 9 grooming, sale or training of dogs and /or cats at which 10 more than four (4) animals are maintained at one (1) 11 time; however establishments or animal hospitals 12 maintained by a licensed veterinarian as part of the 13 practice of veterinary medicine and animal hospitals 14 maintained primarily for the treatment of animals shall 15 not be included in this definition provided than any use 16 of such facility for breeding, grooming, sale or training 17 of animals is secondary and subordinate to the primary 18 use of such facility for the treatment of animals 19 (f) Hobby Breeder shall mean any person or entity who 20 intentionally or un- intentionally causes or allows the 21 breeding or studding of a cat or dog of up to two (2) 22 litters per household or premises during a consecutive 5 ,_ through CODING: Words n sti- tica�rrr6iigh tjpe are dcret.cvrrQ €rat - existing et; Words in underscored type are additions. 1 12 -month period whether or not such animals were made 2 available for sale, adoption or other placement 3 (g)Kennel shall mean any establishment for the raising, 4 training, boarding or selling of dogs, cats, birds, mice, 5 rats, or other small animals for hire or profit, or where 6 more than four dogs or cats are harbored or kept over 7 four (4) months of age, as allowed by the applicable 8 zoning regulations of the City of Margate "Kennel" shall 9 not include any humane society, animal protection a ency, 10 veterinarian clinic, or hobby breeder. Kennel shall also 11 include any person or establishment that intentionally or 12 un- intentionally causes or allows the breeding or 13 studding of a cat or dog of three (3) or more litters of 14 dogs or cats per household or premises during a 15 consecutive 12 -month period whether or not such animals 16 were made available for sale, adoption or other 17 placement. 18 (h)Pet store or pet shop shall mean a retail 19 establishment open to the public and engaging in the 20 business of offering for sale and /or selling animals at 21 retail. 22 6 CODING: Words in struekthrough type are a L #rem— existing text; Words in underscored type are additions. 1 _(i) Pet store (or shop) operator means a person who owns 2 and /or operates a pet store or shop. 3 4 -(j) Rescue Group or Animal Rescue Group or means a group 5 of persons who hold themselves out as an animal rescue 6 group, accept or solicit dogs, cats, or other animals 7 with the intent of finding permanent adoptive homes or 8 providing lifelong care for such dogs, cats, or other 9 animals, and who use foster homes as the primary means 10 of housing animals; or a group of persons formed for the 11 prevention of cruelty to animals. 12 13 (h) Retail sale of cats or dogs shall include display, 14 offer for sale, adoption, barter, auction, give away, or 15 other transfer of any cat or dog. 16 17 SECTION 2: The Code of Ordinances of the City of 18 Margate, Florida, Chapter 4, Section 4 -81, Animals and 19 Fowl, Dangerous dog, is hereby amended to read as 20 follows: 21 22 An animal control officer or law enforcement officer 23 shall conduct a probable cause investigation of reported 7 CODING: Words in st- "'r threw-h type are a i frem existing text; Words in underscored type are additions. 1 incidents involving any dog that may be dangerous and 2 shall, if possible, interview the owner and obtain a 3 sworn affidavit from any person, including any animal 4 control officer or law enforcement officer, desiring to 5 have the dog classified as dangerous. 6 (a) It shall be deemed a violation of this section for 7 the owner or person harboring or having the care or 8 custody of the accused dog to violate any of the 9 following provisions while the probable cause 10 investigation or any related hearings are being 11 conducted. Violations of this section will result in a 12 five - hundred - dollar fine to the owner or person 13 harboring or having the care or custody of a dog under 14 investigation. 15 (1) Any animal that is the subject of a dangerous 16 dog investigation that cannot be safely confined to 17 a secure enclosure shall be impounded with an animal 18 control authority pending resolution of the 19 investigation and resolution of any hearings 20 relating to the dangerous dog classification. 21 (2) No dog that is the subject of a dangerous dog 22 investigation may be relocated or ownership 23 transferred pending the outcome of an investigation 8 CODING: Words in StMek threugh type are -3 Y frem existing text, Words in underscored t e are additions. 1 or any hearings related to the determination of a 2 dangerous dog classification unless approved by the 3 city police department. 4 (3) The owner or person harboring or having the care 5 or custody of a dog under investigation as dangerous 6 shall provide the address of where the animal 7 resides to the city police department. 8 (4) Any dog under investigation as dangerous shall 9 reside on the premises of the owner and no person 10 owning, harboring or having the care or custody of 11 the dog shall suffer or permit such dog to go at 12 large or be unconfined on the premises of such 13 person. A dangerous dog is unconfined, as that term 14 is used in this section, if the dog is not confined 15 to a secure enclosure or securely confined in a 16 vehicle. 17 (5) No person owning, harboring, or having the care 18 or custody of a dog under investigation as dangerous 19 shall suffer or permit such dog to be outside of a 20 completely enclosed and secure building or pen, as 21 provided in this part, or unless such dog is 22 securely muzzled and restrained by a chain or lead 23 having a minimum tensile strength of three hundred 9 CODING: Words in struek through type are -del � f rem existing bento Words in underscored type are additions. 1 (300) pounds and not exceeding three (3) feet in 2 length and is under the physical control of the 3 designated handler. The muzzle must be made in a 4 manner that will not cause injury to the dog or 5 interfere with his vision or respiration but will 6 prevent it from biting any person or animal. 7 (6) No person owning, harboring, or having the care 8 or custody of a dog under investigation as dangerous 9 shall hide the accused dog or in any way hinder a 10 dangerous dog investigation. 11 (7) Owners of a dog under investigation that wish to 12 destroy the subject dog must coordinate with the 13 investigating officer so as to assure that a 14 quarantine is conducted if required, and to verify 15 death. 16 (b) Upon finding of sufficient probable cause, the 17 city police department shall provide written 18 notification to the owner by registered mail, 19 certified hand delivery, or service in accordance with 20 provisions of F.S. Chapter 48. The owner may file a 21 written request for a hearing within seven (7) days 22 from the date of receipt of the notification of the 23 sufficient cause finding and, if requested, the 10 CODING: Words in struek through type are deletA from ____stingy .,..n.., Words in underscored type are additions. 1 hearing shall be held by a hearing off icer as soon as 2 possible but not more than thirty (30) days and no 3 sooner than five (5) days after receipt of the request 4 from the owner. Failure to request a hearing within 5 the seven -day period after the receipt of the 6 notification of sufficient cause finding shall result 7 in a final determination that the dog shall be 8 classified as dangerous. The code enforcement special 9 master of the city is authorized to serve as hearing 10 officer to administer this section. 11 (c) Once a dog is classified as a dangerous dog, the 12 police department shall provide written notification 13 to the owner by registered mail, certified hand 14 delivery, or service in accordance with the provisions 15 of F.S. Chapter 48, and the owner may file a written 16 request for a hearing in the county court to appeal 17 the classification within ten (10) days after receipt 18 of a written determination of dangerous dog 19 classification and shall initiate the filing of any 20 legal action necessary in furtherance of the appeal. 21 The dog must be confined by the owner in a securely 22 fenced or enclosed area pending a resolution of the 23 appeal. If the owner is unable or unwilling to 11 CODING: Words in strue1r, through type are deletiens from — existing -text• Words in underscored type are additions. 1 securely confine the dog, the police department may 2 impound the dog if deemed necessary to protect the 3 public. The owner shall be responsible for boarding 4 fees, veterinary and other costs incurred by the city 5 as may be required to humanely and safely keep the dog 6 impounded during the appeal procedures, unless the 7 owner prevails at the conclusion of all legal 8 proceedings. Failure to timely request a hearing in 9 the county court shall mean the owner has waived the 10 right to appeal the dangerous dog classification and 11 must comply with the provisions herein. 12 (d) It shall be deemed a violation of this section for 13 the owner of a dangerous dog to violate any of the 14 following provisions. Violations of this section will 15 result in a five - hundred - dollar fine to the owner 16 and /or the city may request the owner to surrender the 17 dog or petition a court of competent jurisdiction to 18 order the seizure and impoundment and /or destruction 19 of the dangerous dog. 20 (1) Within fourteen (14) days after a dog is 21 classified as dangerous, or a dangerous dog 22 classification is upheld by the county court on 23 appeal, the owner of the dog must obtain a 12 CODING: Words in struek through type are ea l t from existing text] Words in underscored t, a are additions. 1 certificate of registration for the dog from the 2 city police department and the certificate shall be 3 renewed annually. Certificates of registration and 4 renewal thereof shall only be issued to persons who 5 are at least eighteen (18) years of age and who 6 present evidence of the following to the police 7 department: 8 (a) Current certificate of rabies vaccination for 9 the dog. 10 (b) A secure enclosure to confine a dangerous dog 11 and the posting of the premises with clearly visible 12 warning signs at all entry points that inform both 13 children and adults of the presence of a dangerous 14 dog, including a picture of a fierce, snarling dog. 15 +,-� The ewneLa sha=i - ebtair a a^ r J n ^ "'eus deg i� ese 16 tagfrem the peliee depa3Ftment whieh shall: ;e -wer -n 17 at all times fer the p pese ef PEeviding immedia�e 18 identzfieati-en -t-e - nifnal eentrel and the publietr&t 19 the de w been a l .a a 20 (d c) Permanent identification consisting of a 21 tattee en the inner thigh bearing the dangerous deg 22 lieense— tag -- number - and identifying the deg as 23 dangereus the installation of a microchip. 13 CODING: Words in struek 'ugh type deletions Erem existing - text] Words in underscored type are additions. 1 (e• d) Proof of liability insurance in the amount of 2 at least one hundred thousand dollars ($100,000.00) 3 covering any damage or injury which may be caused by 4 the dangerous dog during the period for which 5 licensing is sought. The policy shall name the City 6 of Margate as an additional insured for the sole 7 purpose of notifying the city police department of 8 any cancellation, modification, expiration or 9 termination of the policy or a surety bond in the 10 amount of one hundred thousand dollars ($100,000.00) 11 issued by an insurer authorized to do business 12 within the State of Florida, payable to any person 13 injured by the dangerous dog during the period for 14 which licensing is sought. Such bond shall require 15 the insurer to notify the police department within 16 ten (10) days of cancellation, modification, 17 termination or expiration of the bond. 18 (-f e) Payment of the applicable annual fee for the 19 issuance of the certificate of registration required 20 by this section. The fee for the issuance of a 21 certificate of registration of a dangerous dog shall 22 be two hundred dollars ($200.00). However, five ( 5 ) 23 years after the date the dog was declared dangerous, 14 CODING: Words in struek through type — are deletions from -emisti ng text, Words in underscored type are additions. -' I the owner may request and be granted a reduction of 2 the annual fee provided that there have been no 3 violations of this section since the dog was 4 declared dangerous. The reduction of the fee shall 5 be half of the current fee. 6 (g f) The owner shall have the dog sterilized at his 7 or her own expense and shall present proof of said 8 sterilization by the veterinarian who performed the 9 operation within sixty (60) days of the dangerous 10 dog declaration. 11 (e) It shall be deemed a violation of this section for 12 the owner of a dangerous dog to violate any of the 3 following provisions. Violations of this section will 14 result in a five- hundred - dollar fine to the owner and /or 15 the city may request the owner to surrender the dog or 16 petition a court of competent jurisdiction to order the 17 seizure and impoundment and /or destruction of the 18 dangerous dog. 19 (1) The owner shall immediately notify the city police 20 department when a dog that has been classified as 21 dangerous: 22 (a) Is loose, at large, or unconfined. 15 CODING: Words in struck through type are deletions frem emisting temtj Words in underscored type are additions. 1 (b) Has bitten a human being or attacked another 2 animal. 3 (c) Is sold, given away, stolen, or dies. Owner must 4 show proof of death. 5 (d) Is moved to an address other than that stated in 6 the certificate of registration. 7 (2) Prior to a dangerous dog being sold or given away, 8 the owner shall provide the name, address and 9 telephone number of the new owner to the city police 10 department. The new owner must comply with all the 11 requirements of this section. The city police 12 department must be notified by the owner of any 13 dangerous dog that is to be relocated into the city 14 prior to such relocation. If a dog that has been 15 declared dangerous is relocated into or found to 16 reside in the corporate limits of the city, the owner 17 must be in compliance with all the requirements of 18 this section. 19 (3) Any dog classified as dangerous shall reside on 20 the premises of the owner and no person owning, 21 harboring or having the care or custody of a dangerous 22 dog shall suffer or permit such dog to go at large or 23 be unconfined on the premises of such person. A 16 CODING: Words in struele through - type are deletions from existing 3Et Words in underscored type are additions. 1 dangerous dog is unconfined as that term is used in 2 this section if the dog is not confined to a secure 3 enclosure or securely confined in a vehicle. 4 (4) No person owning, harboring, or having the care or 5 custody of a dangerous dog shall suffer or permit such 6 dog to be outside of a completely enclosed and secure 7 building or pen, as provided in this part, or unless 8 such dog is securely muzzled and restrained by a chain 9 or lead having a minimum tensile strength of three 10 hundred (300) pounds and not exceeding three (3) feet 11 in length and is under the physical control of the 12 designated handler. The muzzle must be made in a 13 manner that will not cause injury to the dog or 14 interfere with its vision or respiration but will 15 prevent it from biting any person or animal. 16 (5) The owner of a dangerous dog shall permit 17 unannounced inspections by an animal control officer 18 or law enforcement officer to determine the owner's 19 compliance with this section. 20 (6) It shall be a violation for the handler or any 21 other person having care custody or control of a 22 dangerous dog to provoke, harass, or in any way 23 promote or encourage the aggression of the dog. 17 CODING: Words in Eremexisting texti Words in underscored type are additions. 1 (f) Evidence of the training of dog(s), maintaining a 2 place where dog(s) are kept, trained, permitted, or 3 encouraged to fight, including, but not limited to, for 4 exhibition, or for sport or wager, or the possession of 5 paraphernalia known to be used for training, baiting or 6 fighting, or any cage, structure, or arena for the 7 purpose of confining animals to fight, or injuries or 8 scarring consistent with gaming activity shall constitute 9 a rebuttal presumption that said dog(s) are being 10 harbored primarily or in part for the purpose of dog 1 fighting. 12 (g) 13 (1) No person shall own or harbor any dog primarily 14 trained and /or used for the purpose of defending or 15 patrolling and protecting property without complying 16 with sections 4 -84, 4 -85 and 4 -86 of this chapter. 17 Evidence of the training of a dog or person harboring 18 such dog shall constitute a rebuttal presumption that 19 the dog is owned or is being harbored for the purpose 20 of causing or encouraging attacks on human beings or 21 animals in violation hereof. It shall be no defense to 22 a violation of this subdivision that such dog is being 23 kept for guarding a residence or business 18 CODING: Words in struek through type are d l t f rem existing _ent; Words in underscored type are additions. I establishment if compliance with sections 4 -84, 4 -85 2 and 4 -86 has not been met, however, any dog found in 3 violation of this subdivision that has not bitten a 4 person or domestic animal shall not be declared 5 dangerous if compliance with sections 4 -84, 4 -85 and 6 4 -86 is met within two (2) days. 7 (2) This section does not apply to dogs used by law 8 enforcement officials for law enforcement work. 9 10 SECTION 3: The Code of Ordinances of the City of 11 Margate, Florida, Chapter 4, Section 4 -82, Animals and 12 Fowl, Enforcement of violations, is hereby amended to read 13 as follows: 14 Section 4 -82 Enforcement of violations. 15 (a) Any person cited for a violation of this part 16 shall be deemed to be charged with a noncriminal 17 infraction. 18 (b) An animal control officer or a law enforcement 19 officer shall have discretion to either issue a 20 warning with no civil penalty or issue a citation for 21 a civil penalty in the amount designated in subsection 22 4 -81(d) or in the applicable section. 23 (c) A mandatory criminal court appearance may be 24 issued for certain aggravated violations of these 19 CODING: Words in struele 1-1--heough type- -- deletions from -- existing - teach• Words in underscored tyke are additions. 1 sections resulting in the unprovoked biting, 2 attacking, or wounding of persons and /or domestic 3 animals; violations resulting in the destruction or 4 loss of personal property; second or subsequent 5 violation of animal cruelty laws; or violations 6 resulting in the issuance of a third or subsequent 7 citation to a person. 8 (d) Any person cited for a civil infraction under this 9 chapter shall be issued a code violation pursuant to 10 Chapter 162 of the Florida Statutes. sign and aeeept--a 11 eitatiee —aeknewle gig reeeipt e f the e i to t i en and 12 indieatine a premise to appear eeuty eeurt if eh 13 per-sGn wishes te— aentest the — eharges . elder —ro —s 14 878-27(5), any persen whe willfully refuses te 15 and aep –a e- itamen issued by an – ef-fiaer shall be 16 17 punishable as pi-evi ded in F.S. §9 7 s „ 8 2 , 775.983, er 18 '''-, -08r 19 (e) In the event an animal is impounded for violation 20 of this chapter and the owner of the animal abandons 21 the animal to the city police department, the owner 22 remains liable for the civil penalties imposed for 23 violations of this chapter. 20 CODING: Words in Sti-dek through type aime deletions cr l ons fret– existingex; Words in underscored t e are additions. 1 4) Any PeE-sen ---- sued— a— eitatiee .-fer vie1at=ee -e€ 2 seetiens 4 84, 4 -85 er 4 86 FRayhave the eitanon 3 dismissed after - gr-esenting- -preef te- the -eity pelie-e 4 department - ef- eexTlianee -within fifteen (3=5) days ef- 5 theme see e-e f the -e-i tat i en. 6 -(g) AnypPrs en whe - fails to pay the e vil penalty 7 within theme =fne al}ewed, el- fails -tappear �r- ee�t -rz 8 to eentest the eitatien, shall be deeffled to ha-9—e. 9 -1 his right te eentest the eitatien; a— judgment 10 may be - entered Zagainst the- persen in the wee my eel 11 fer an ameunt up to the mamimufa eivi , 12 (f) A pet store found to have falsified a certificate 13 of source shall be liable to pay up to $5,000 per 14 violation, as provided for in Chapter 162 of the 15 Florida Statutes. 16 SECTION 4: The Code of Ordinances of the City of 17 Margate, Florida, Chapter 4, Section 4 -85, Animals and 18 Fowl, Outdoor pen requirements, is hereby amended to read 19 as follows: 20 Section 4 -85. - Gutdeer pen . Reserved. 21 , 22 23 be penned in a manner Ineensistent with the fellewing 24 : ae, . s .ins- are -te- be eenstEeeted- e=- ehain -iiniE wit s 21 CODING: Words in struek threugh type deletions EverEvem existing -hex; Words in underscored t, a are additions. 1 a ffi±R±fflUffl length f eight (8) feet, a aiit�v ef -Trve 2 (5) feet, aid -a minimuffi height ef -- eix � -F6` � t �- f e �--- -� z 3 link s-trueturefaust have seeare sides, t r and bettem, ate 4 shall be designed to prevent the frem - eseag-i"g end =ems 5 under, er thEeugh- he strue-ture —Tt -shall be kept leeked 6 and sh�— also- previde�a cal etieu�re the 7 el nts ; -"BEWARE g GF 9GG" er " 9 dog en all sides ef the pen. Ne mer-e than one (I) deg 10 shall be in any sueh 11 SECTION 5: The Code of Ordinances of the City of 12 Margate, Florida, Chapter 4, Section 4 -86, Animals and 13 Fowl, Fence requirements, is hereby amended to read as 14 follows: 15 Section 4 -86. - Fenee Outdoor enclosure requirements 16 (a) 17 eustedy, er eentrel e€ -ate-- deg -shall eause, permit, o 18 allew the deg -te-be feneed ina�er��e� � 19 with the fellewing guidelines. Ferree -must be 20 21 aniffial (s) een€ined —te- the i9reper-ty - and ffiust be 22 23 means of going under, ever, er _t-hreuq n ne ��t 24 be nested --w with signs Eeading- "BEWARE 9F OFD" ear - E) 22 CODING: Words in strue1e threugh type -are deletiens from existing -text; Words in underscored ty2e are additions. 1 ", I deEj at all 2 entry wihen used in eenjjunetleR--'IA��� 3 " "'BAB " 4 igieture ef a fieree, snarling deg must be pested en. 5 all eer-ners of the — gerimeter —of the ee and en beth 6 7 a=-e —te be maintained in legible --ecndit=ear --and must 8 faee the diree -teen of entry to the area where —said 9 anifnalis eenf ined— Any dog weighing twenty ( 2 0 ) 10 pounds or less that is maintained outdoors for all or 11 part of the day in a fenced yard or other type of 12 enclosure shall be provided a minimum of one hundred 13 (100) square feet of open space. Any dog weighing more 14 than twenty (20) pounds that is maintained outdoors 15 for all or part of the day in a fenced yard or other 16 type of enclosure shall be provided a minimum of two 17 hundred (200) square feet of open space. The enclosed 18 area shall be large enough to provide a dog sufficient 19 shelter within the required open space. Any enclosed 20 area where a dog is confined shall be kept free of 21 objects that may injure the dog. Dogs shall not be 22 maintained outdoors during periods of extreme weather 23 including, but not limited to, hurricanes, tropical 23 CODING: Words in struck through type — are ---' from is i-'g tembi Words in underscored type are additions. 1 storms, and tornados. 2 (b) Fences that use electronic collars on the animal to 3 contain them are prohibited. 4 (c) All structures involved in securing the dog must 5 comply with the city building department and zoning 6 department codes. 7 (d) Fences must be constructed in a manner which serves to 8 keep said animal(s) confined to the property and must 9 be maintained so as to prevent . the animal(s) escape by 10 means of going under, over, or through. 11 (e) Outdoor shelters for dogs and cats must be of sound 12 construction and provide adequate protection from 13 rain, wind, sun, and all elements at all times. The 14 following elements shall be provided as essential 15 components of shelter: 16 17 (1) When the outdoor temperature falls below forty - 18 five (45) degrees Fahrenheit, all cats and do as must 19 be protected from the cold and heat by being moved 20 indoors or provided adequate heating to maintain the 21 air temperature above forty -five (45) degrees 24 CODING: Words in struelt through type are�-delel.-Jeae from existing Words in underscored type are additions. 1 Fahrenheit. When the outdoor temperature rises above 2 eighty -five (85) degrees Fahrenheit, all dogs and cats 3 must be provided air conditioning, a fan, or another 4 cooling source to maintain the temperature in the 5 shelter at or below eighty -five (85) degrees 6 Fahrenheit. 7 (2) Clean and dry bedding material. 8 (3) Sufficient space for each dog or cat to 9 comfortably stand up, sit down, lie down, and turn 10 around in the shelter, without touching the top or 11 sides of the shelter. If the shelter is used for more 12 than one (1) dog or cat at the same time, it must 13 provide enough space for all animals to comfortably 14 stand up, sit down, lie down, and turn around 15 simultaneously. 16 (4) A solid weatherproof roof, a solid sanitary floor, 17 and adequate ventilation. 18 (5) All areas where dogs and cats are kept must 19 be cleaned and the fecal matter disposed of in a 20 sealed trash receptacle so as not to attract insects 21 or rodents, become unsightly, or cause objectionable 22 odor. 25 CODING: Words in struek through type are deletions from ___ctng text; Words in underscored type are additions. 1 SECTION 6: The Code of Ordinances of the City of 2 Margate, Florida, Chapter 4, Animals and Fowl, is hereby 3 amended by adding new Section 4 -88, Sale or Transfer of Dog 4 and /or cats, as follows: 5 6 Section 4 -88. - Sale or transfer of dogs and /or cats. 7 (a) No pet store shall display, sell, trade, deliver, 8 barter, lease, rent, auction, give away, transfer, 9 offer for sale or transfer, or otherwise dispose of 10 dogs or cats in the City of Margate, on or after the 11 effective date of this ordinance. 12 13 (1) Exemptions. This Section, except for (b) 14 certificate of source, does not apply to: 15 (a) A hobby breeder 16 (b) A publicly operated animal control facility or 17 animal shelter 18 (c) A private, charitable, non - profit humane 19 society or animal rescue organization; 20 (d) A publicly operated animal control agency, 21 non - profit humane society, or non-profit 22 animal rescue organization that operates out 23 of or in connection with a pet store; or 24 (e) Pet stores that 25 (1) possessed an active City of Margate local 26 CODING: Words in st+uek threu : Itype - m-e deletions from —existing text; Words in underscored type are additions. 1 business tax receipt on or before the 2 effective date of this ordinance, and 3 (2) demonstrates through receipts and customer 4 identification that they have sold dogs or 5 cats within three months prior to the 6 effective date of this ordinance. 7 8 (b) Certificate of Source 9 (1) Any lawful entity involved in the sale, transfer, or 10 adoption of cats and dogs shall post and maintain, in 11 a conspicuous place, on or within three feet of each 12 animals' cage or enclosure, a certificate of source of 13 each dog or cat offered for sale or transfer, and 14 shall provide a copy of such certificate to the 15 purchase or transferee of any dog or cat sold or 16 transferred. 17 (2) A Margate Animal Control Officer or employee of 18 the Broward County animal shelter, may, at any time, 19 request to review copies of such certificates and, 20 upon such request, the pet store must present such 21 certificates at that time and without delay. 22 23 SECTION 7: The Code of Ordinances of the City of 27 CODING: Words in struek through type are deletions from existing teXt j words in underscored type are additions. 1 Margate, Florida, Chapter 4, Animals and Fowl, is hereby 2 amended by adding new Section 4 -89, Minimum Standards - 3 housing and care of animals, as follows: 4 5 Section 4 -89. - Minimum Standards-housing and care of 6 animals 7 (a) It shall be unlawful for any person keeping a dog or 8 cat to fail to provide: 9 (1) Clean, sanitary, safe, and humane conditions; 10 (2) Sufficient quantities of appropriate food daily; 11 (3) Proper air ventilation and circulation; 12 (4) Adequate quantities of visible, clean, and fresh 13 water available at all times; and 14 (5) Medical attention or necessary veterinary care 15 when the dog or cat is sick, diseased, or injured 16 Upon request of the Division, written proof of medical 17 attention or veterinary care must be provided. 18 (b) Any unspayed female dog or cat in heat (estrus) shall 19 be confined during such period of time in a house, 20 building, or secure enclosure. Such enclosure shall be 21 constructed so that no other dog or cat may gain access to 22 the confined animal, except for intentional breeding 23 purposes. 28 CODING: Words iti struejr, through type are deleti-e #gem existing txtxt; words in underscored type are additions. 1 (c) Dogs or cats with a known history of fighting should 2 not be confined together or be allowed to be accessible to 3 each other. 4 (d) It shall be unlawful for any person keeping a dog or 5 cat to fail to provide shelter for that animal. 6 (f) Dogs shall be given appropriate daily exercise. 7 (g) Any commercial animal enterprise, including but not 8 limited to, pet stores, shelters, and kennels 9 1) Cages - All cages shall be equipped with food and 10 water receptacles mounted or situated so that the 11 animal cannot overturn, defecate, or urinate therein. 12 All cages are to be constructed of a non - absorbent, 13 non - porous material. All cages shall have floors of 14 either solid construction or woven wire mesh 15 construction, or any combination thereof. Cages having 16 woven or wire mesh floors may be used to confine or 17 display animals, provided that the spaces between the 18 wire mesh or weave are smaller than the pads of the 19 feet of the animal confined therein. Cages having wire 20 construction shall be constructed of wire which is of 21 sufficient thickness so as to preclude injury to the 22 animals confined herein. Cages constructed of wire 23 having barbs or other rough surfaces are prohibited 29 CODING: Words in struele, threugh type are deletions from existing text; Words in underscored type are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 All cages shall be of sufficient height to permit every animal confined therein to stand normally to its full height and to turn. All cages shall be of sufficient size so as to prevent overcrowding. 2) Animals shall not be without attention for over twelve (12) consecutive hours. 3) No animal shall be exposed be sufficient to public view for (8) quantity, be of good quality, and be kept more than sixteen (16) hours out of twenty -four (24) hours. 4) Animals kept for sale, or exhibited, shall be strong, healthy, and in good condition of flesh 5) Animal bedding shall be sufficient in size and than eight (8) quantity, be of good quality, and be kept clean 6) Sick or diseased animals shall be isolated from healthy animals at all times, and so segregated that the illness or disease shall not be transmitted to another animal. 7) Sick or injured animals shall not be sold offered for sale, or displayed. 8) Animals which are unweaned, less than eight (8) weeks old, or so weak that their sale would be 30 CODING: Words in seek threugh - type are deletions from existing textj Words in underscored type are additions, 1 injurious to them, shall not be sold, offered for 2 sale, or given away. 3 9) Animals which are enemies by nature, or are 4 temperamentally unsuited, shall not be Quartered 5 together or so near each other as to cause the animals 6 fear, or to cause them to be abused, tormented, or 7 annoyed. 8 10) Any commercial animal enterprise or pet shop 9 shall maintain a register of the names and addresses 10 of persons from whom animals are received and to whom 11 animals are sold, traded or given. 12 11) Any commercial animal enterprise or pet shop 13 shall furnish the City Manager or designee with the 14 names, addresses and telephone numbers of a 15 responsible person or persons who have access to the 16 place of business and who can be reached in an 17 emergency at any time outside of business hours 18 12) Any changes in address, ownership or management 19 shall be reported in writing to the Economic 20 Development Department at least five (5) days prior to 21 such change. 22 SECTION 8: Section 2.2 Terms Defined, of Appendix A of 23 the Zoning Code of the City of Margate, Florida, is hereby 24 amended as follows: 31 CODING: Words in ear -through tome are aereb d frem -existing tom; Words in underscored type are additions. 1 2 Section 2.2. - Terms defined. 3 Kennel: The term kennel shall be construed to include 4 any establishment for the raising, training, boarding or 5 selling of dogs, cats, birds, mice, rats, or other small 6 animals for hire or profit, or where more than four dogs or 7 cats are harbored or kept over four (4) months of age. 8 "Kennel" shall not include any humane society, animal 9 protection agency, veterinarian clinic, or hobby breeder 10 Kennel shall also include any person or establishment that 11 intentionally or un- intentionally causes or allows the 12 breeding or studding of a cat or dog of three (3) or more 13 litters of dogs or cats per household or premises during a 14 consecutive 12 -month period whether or not such animals 15 were made available for sale, adoption or other placement. 16 Pet store or pet shop shall mean a retail establishment 17 open to the public and engaging in the business of offering 18 for sale and /or selling animals at retail. 19 [Note to Municipal Code: The rest of this section shall 20 remain as codified.] 21 22 23 SECTION 9: ARTICLE VI. - TRANSIT ORIENTED CORRIDOR 24 (TOC) DISTRICT, Section 6.4 Section 6.3 -TOC -G Gateway 25 permitted uses, of Appendix A of the Zoning Code of the 26 City of Margate, Florida, is hereby amended as follows: 27 28 Section 6.3. - TOC -G Gateway permitted uses. 32 CODING: Words in struek threuga? type are derma'ow from — existing tnt °t; Words in underscored type are additions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (A) [Permitted uses.] No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than any of the uses specified below. Pet grooming (soundproofed only). Pet shop, witheut kenne! faeilities subject to restrictions set forth in Chapter 4 of the Margate Code of Ordinances. (E) .Special exception uses. Special exception uses may be deemed appropriate to provide a complete distribution of commercial uses with the city, but because of their operational characteristics or area requirements need to be given individual consideration with respect to their location, access and relationship to adjacent properties and public rights -of -way, and conformity with the city's current and future redevelopment efforts. (1) The following uses are authorized upon a finding by the city commission that a special exception to the article is warranted, pursuant to the procedure and criteria set forth in Sections 12.9 through 12.12 of this Code. (a) Amusement arcade centers in accordance with all provisions of Article XX of Appendix A and Florida Statute 849.161(2). (b) Animal clinics, pet hospitals, subject to the following limitations: 1. Adequate soundproofing in any area where animals are contained or treated; and 2. All boarding activities shall be ancillary to the primary use. 3. Subject to restrictions set forth in Chapter 4 of the Margate Code of Ordinances. [Note to Municipal Code: The rest of this section shall remain as codified.] SECTION 10: ARTICLE VI. (TOC) DISTRICT, Section 6.4 - of Appendix A of the Zoning Florida, is hereby amended as - TRANSIT ORIENTED CORRIDOR TOC -G Gateway permitted uses, Code of the City of Margate, follows: 39 1 Section 6.4. - TOC -G Gateway permitted uses. 33 CODING: Words in etruek through __ a � t type i r' - frnm existing ex; Words in underscored type are additions. 1 (A) [Permitted uses.] No building or structure, or part 2 thereof, shall be erected, altered or used, or land or water 3 used, in whole or in part, for other than any of the uses 4 specified below. 5 Pet grooming (soundproofed only). 6 Pet shop, witheut kenne! faei i t es subject to restrictions 7 set forth in Chapter 4 of the Margate Code of Ordinances 8 9 (B) Special exception uses. Special exception uses may be 10 deemed appropriate to provide a complete distribution of 11 commercial uses with the city, but because of their 12 operational characteristics or area requirements need to be 13 given individual consideration with respect to their 14 location, access and relationship to adjacent properties and 15 public rights -of -way, and conformity with the city's current 16 and future redevelopment efforts. 17 (1) The following uses are authorized upon a finding by the 18 city commission that a special exception to the article is 19 warranted, pursuant to the procedure and criteria set forth 20 in Sections 12.9 through 12.12 of this Code. 21 (a) Amusement arcade centers in accordance with all 22 provisions of Article XX of Appendix A and Florida Statute 23 849.161(2). 24 (b) Animal clinics, pet hospitals, subject to the following 25 limitations: 26 1. Adequate soundproofing in any area where animals are 27 contained or treated; and 28 2. All boarding activities shall be ancillary to the 29 primary use. 30 3. Subject to restrictions set forth in Chapter 4 of the 31 Margate Code of Ordinances. 32 33 [Note to Municipal Code: The rest of this section shall 34 remain as codified.] 35 36 SECTION 11: Article XI- Neighborhood Business B -1 37 District, Section 11.3.- Permitted Uses, of Appendix A of 38 the Zoning Code of the City of Margate, Florida, is hereby 39 amended as follows: 34 CODING: Words in struelrc threugh type are deletions frem existing tee Words in underscored type are additions. 1 2 Section 11.3. - Permitted uses. 3 (A) Permitted uses specified. No building or structure, or 4 part thereof, shall be erected, altered or used, or land or 5 water used, in whole or in part, for other than one of the 6 following specified uses: 7 Pet grooming, subject to the following limitations: 8 (1) Must be less than three thousand (3,000) square feet in 9 area. 10 (2) Soundproofing required. 11 Pet shop, wither t kennerfaeili-ties subject to the 12 following limitations: 13 (1) Must be less than three thousand (3,000) square feet in 14 area. 15 (2) Not permitted within one hundred (100) feet of any 6 residential district. 17 (3) No outdoor pens or runs permitted. 18 (4) Subject to restrictions set forth in Chapter 4 of the 19 Margate Code of Ordinances. 20 (B) Special exception uses. The following uses are 21 authorized upon a finding by the city commission that a 22 special exception to the article is warranted. The 23 commission shall consider all applications for a special 24 exception approval pursuant to the procedure and criteria 25 set forth in Sections 12.9 and 12.10 for new construction 26 and in Sections 12.11 and 12.12 for uses at existing 27 buildings. 28 Animal clinic, pet hospital, subject to the following 29 limitations: 30 (1) Must be less than three thousand (3,000) square feet in 31 area. 32 (2) Adequate soundproofing in any area where animals are 33 contained or treated. 34 (3) All boarding activities shall be ancillary to the 35 primary use. 36 (4) Subject to restrictions set forth in Chapter 4 of the 37 Margate Code of Ordinances. 35 CODING: Words in struele threugh —type are deletions fgym- existing -text; Words in underscored type are additions. I [Note to Municipal Code: The rest of this section shall 2 remain as codified.] 3 4 SECTION 12: Article XII- Community Business B -2 5 District, Section 12.3 Permitted uses, of Appendix A of the 6 Zoning Code of the City of Margate, Florida, is hereby 7 amended as follows: 8 9 (A) Permitted uses specified. No building or structure, or 10 part thereof, shall be erected, altered or used, or land or 11 water used, in whole or in part, for other than the 12 following specified uses: 13 Pet grooming, subject to the following limitation(s): 14 (1) Soundproofing required. 15 Pet shop, witheutleennezza_ilitleT subject to the 16 following limitation(s): 17 (1) Not permitted within one hundred (100) feet of any 18 residential district. 19 (2) No outdoor pens or runs permitted. 20 (3) Subject to restrictions set forth in Chapter 4 of the 21 Margate Code of Ordinances. 22 (B) Special exception uses. The following uses are 23 authorized upon a finding by the city commission that a 24 special exception to the article is warranted, pursuant to 25 the procedure and criteria set forth in Sections 12.9 26 through 12.12 of this Code. 27 Amusement arcade center, in accordance with all provisions 28 of Article XX of Appendix A and Florida Statute 849.161(2). 29 Animal clinic, pet hospital, subject to the following 30 limitation(s): 31 (1) Adequate soundproofing in any area where animals are 32 contained or treated. 33 (2) All boarding activities shall be ancillary to the 34 primary use. 35 (3) Subject to restrictions set forth in Chapter 4 of the 36 Margate Code of Ordinances. 37 [Note to Municipal Code: The rest of this section shall 38 remain as codified.] 36 CODING: Words in struele threugh -type are delet ' � from ' sting text; Words in underscored type are additions. 1 2 SECTION 13: Article XIII- Liberal Business B -3 3 District, Section 13.3 Permitted uses, of Appendix A of the 4 Zoning Code of the City of Margate, Florida, is hereby 5 amended as follows: 6 (A) Permitted uses specified. No building or structure, or 7 part thereof, shall be erected, altered or used, or land or 8 water used, in whole or in part, for other than the 9 following specified uses: 10 Animal clinics, pet hospitals, subject to the following 11 limitation(s): 12 (1) Adequate soundproofing in any area where animals are 13 contained or treated. 14 (2) All boarding activities shall be ancillary to the 15 primary use. 16 (3) Subject to restrictions set forth in Chapter 4 of the 17 Margate Code of Ordinances. 18 Pet grooming, subject to the following limitation(s): 19 (1) Soundproofing required. 20 Pet shop, without kennel facilities, subject to the 21 following limitation(s): 22 (1) Not permitted within one hundred (100) feet of any 23 residential district 24 (2) No outdoor pens or runs permitted. 25 (3) Subject to restrictions set forth in Chapter 4 of the 26 Margate Code of Ordinances. 27 SECTION 5: Article XIV -Light Industrial M -1 District, 28 Section 14.3- Permitted uses, of Appendix A of the Zoning 29 Code of the City of Margate, Florida, is hereby amended as 30 follows: 37 CODING: Words in struek through a are de _t' frem existing ' Words in underscored type are additions. 1 2 3 Ll 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, for other than the following specified uses: Kennels— ,subject to restrictions set forth in Chapter 4 of the Margate Code of Ordinances. [Note to Municipal Code: The rest of this section shall remain as codified.] SECTION 14. All ordinances or parts of ordinances in conflict herewith are, and the same is, here by repealed to the extent of such conflict. SECTION 15. If any section, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 16. It is the intention of the City Commission that the provisions of this ordinance shall become and be made a part of the City of Margate Code, and that the sections of this ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to "section ", "article" or such other appropriate word or phrase in order to accomplish such intentions. SECTION 17. This ordinance shall become effective immediately upon adoption at its second reading. PASSED ON FIRST READING THIS 18th day of SEPTEMBER, 2013. PASSED ON SECOND READING THIS 2nd day of OCTOBER, 2013. ATTEST: LESLIE WALLACE MAY, MMC CITY CLERK 'D- e r�k MAYOR FRANK B. ERICO 38 CODING: Words in yeas --deletions frem existing tenti Words in underscored type are additions. 1 2 3 4 5 6 7 8 9 10 11 ORDINANCE: 1500 -603 RECORD OF VOTE - 1ST READING RECORD OF VOTE - 2ND READING Ruzzano Yes Ruzzano Yes Donahue Yes Donahue Yes Simone Yes Simone Yes Peerman Yes Peerman Yes Talerico Aye Talerico Yes 39 CODING: Words in uek through ape a � � ' c'�i'e—�- rGtrvrsa frem ems =rg text; Words is underscored type are additions. Town of Davie, Florida ORDINANCE NO. 2014- AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING CHAPTER 4, CODE OF ORDINANCES ENTITLED "ANIMALS," BY CREATING SECTION 4 -69 ENTITLED "RETAIL SALE OF DOGS AND CATS," SECTION 4 -70 ENTITLED "LICENSING REQUIREMENTS," AND SECTION 4 -71 ENTITLED "MINIMUM STANDARDS FOR HOUSING AND CARE OF ANIMALS;" PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, according to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities known as "puppy mills" or "kitten factories," ( "Facilities ") that mass - produce animals for sale to the public; and WHEREAS, because of the lack of proper animal husbandry practices at these Facilities, animals born and raised there are more likely to have genetic disorders and lack adequate socialization, and breeding animals utilized there are subject to inhumane housing conditions and are indiscriminately disposed of when they reach the end of their profitable breeding cycle; and WHEREAS, many animals produced in these Facilities are purchased by retail pet stores or shops for sale to the public; and WHEREAS, while not all dogs and cats sold in retail pet stores or shops are the product of inhumane breeding conditions and not every commercial breeder selling dogs or cats to pet stores or shops operates "puppy mills" or "kitten factories," the Town Council believes that puppy mills and kitten factories continue to exist in part because of public demand fueled by the availability of dogs and cats in pet stores leading to "impulse" purchases of animals; and WHEREAS, the Town Council believes that reasonably restricting the retail sale of dogs and cats in the Town of Davie will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the Town; and WHEREAS, the Town Council believes that the reasonable restriction of the retail sale of dogs and cats in pet stores in the Town will reduce impulse purchases of pets, which can lead to abandonment or mistreatment of the animals once they have outgrown their initial puppy or kitten appeal and will also encourage pet consumers to adopt dogs and cats from shelters where proposed owners are screened for their suitability with respect to the animal, thus reducing the likelihood that the animal will be mistreated or abandoned and thereby saving animals' lives and reducing the cost to the public of sheltering animals; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA: Section 1: That Chapter 4, Code of Ordinances, entitled "Animals" is hereby amended to create Section 4 -69, "Retail Sale of Dogs and Cats," as follows: Sec. 4 -69. Retail Sale of Dogs and Cats. (1). Definitions. For purposes of this section, the following definitions shall apply: a. Animal rescue organization means humane society or other duly incorporated nonprofit organization registered with the Florida Department of State and operated as a bona fide charitable organization under Section 501(c) 3 of the Internal Revenue code, which organization is devoted to the rescue, care and/or adoption of stray, abandoned or surrendered animals and which does not breed animals. b. Animal Shelter means a municipal or related public animal shelter or duly incorporated nonprofit organization devoted to the rescue, care and/or adoption of stray, abandoned or surrendered animals, and which does not breed animals. c. Cat means an animal of any age of the Felidae family of the order Carnivora. d. Certificate of source means a document declaring the source of origin of a dog or cat sold or transferred or offered for sale or transfer. A certificate of source shall include the name and address of the original source of the dog or cat and license information of the original source breeder evidencing that the original source breeder is licensed by the United States Department of Agriculture and shall be signed by both the pet store certifying the accuracy of the certificate and by the purchaser or transferee of the dog or cat acknowledging receipt of the certificate. e. Dog means an animal of any age of the Canidae family of the Carnivora. f. Pet shop means any establishment maintained separately or in connection with another commercial enterprise which offers to sell any species of live animals, with the intent that they be kept as pets. g. Pet store means any retail establishment open to the public that sells or transfers, or offers for sale or transfer, dogs and/or cats, regardless of the age of the dog or cat. h. Pet store operator means a person who owns or operates a pet store. i. Sale or transfer of dogs and /or cats. Subject to the following exemptions, no pet store shall display, sell, trade, deliver, barter, lease, rent, auction, give away, transfer, offer for sale or transfer, or otherwise dispose of dogs or cats in the Town of Davie on or after the effective date of this Ordinance. (2). Exemptions. This section does not apply to: a. A person or pet store that sells, delivers, offers for sale, trades, barters, leases, rents, auctions, gives away, or otherwise transfers or disposes of dogs and/or cats that were bred and reared on property zoned for such purpose within the Town of Davie, and owned by such person or pet store. b. An animal shelter. c. An animal rescue organization. d. An animal shelter or animal rescue organization that operates out of or in connection with a pet store or other retail store. (3). Certificate of Source. A pet store shall post and maintain in a conspicuous place, on or within three (3) feet of each dog's or cat's kennel, cage or enclosure, a certificate of source of each dog or cat offered for sale or transfer, and shall provide a copy of such certificate to the purchaser or transferee of any dog or cat sold or transferred. (4). Violation- Enforcement. a. Any person who violates this section shall be subject to those penalties set forth in Chapter 6 of this Code of Ordinances including but not limited to section 162, F.S., section 828.29, F.S., or any similarly approved legal remedy. b. The Town may initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section. c. In addition to any other penalty, a pet shop or pet store owner who is found to have falsified a certificate of source shall pay $2,500.00 in damages to each recipient of such falsified certificate. Sec. 4 -70. Licensing requirements. (1). Any person, association or corporation operating, establishing or maintaining any business related to the sale, keeping and/or care of animals, either independently or as part of another commercial enterprise. (2). No License shall be issued to any person, association or corporation for any business related to the sale, keeping and/or care of animals, the location of which violates the zoning and land development code of the Town. If any business related to the sale, keeping and/or care of animals is required by the zoning and land development code to meet additional standards no such license shall be issued until the standards of the code have been complied with. (3). Before a license for any business related to the sale, keeping and/or care of animals is issued, the applicant, when applying for a permit, shall furnish the Town Administrator or designee with a list of the kinds or animals to be kept, handled or exhibited, with the estimated maximum number at any one time. The town administrator or designee must be notified immediately if other kinds of animals are acquired or the maximum number increased. (4). A license (local business tax receipt) to conduct such activities shall be obtained from the town as outlined in chapter 13 of the Town's Code of Ordinances. (5). Existing businesses related to the sale, keeping and/or care of animals shall be made to conform to the standards of this article within 30 days of its adoption. Sec. 4 -71. Minimum standards for the housing and care of animals. The following minimum standards shall apply to all animals in the Town of Davie: a. All animals must be supplied with sufficient good and wholesome food and water as often as the feeding habits of such animals require. b. All animals and animal quarters shall be kept in a clean and sanitary condition. Adequate ventilation shall be maintained. c. All cages shall be equipped with food and water receptacles mounted or situated so that the animal cannot overturn, defecate or urinate therein. All cages are to be constructed of a non - absorbent, non - porous material. All cages, except bird cages, shall have floors of either solid construction or woven wire mesh construction, or any combination thereof. Cages having woven or wire mesh floors may be used to confine or display animals, provided that the spaces between the wire mesh or weave are smaller than the pads of the feet of the animal confined therein. Cages having wire construction shall be constructed of wire which is of sufficient thickness so as to preclude injury to the animals confined therein. Cages constructed of wire having barbs or other rough surfaces are prohibited. All cages shall be of sufficient height to permit every animal confined therein to stand normally to its full height and to turn. All cages shall be of sufficient size so as to prevent overcrowding. d. Proper shelter and protection from the weather shall be provided at all times. Animals must not be overcrowded or exposed to excessive heat or cold. Quarters shall be draft free. Proper temperature for the well -being of animals shall be maintained at all times. e. Animals shall not be without attention for over 12 consecutive hours. f. No animal shall be exposed to public view for more than 16 hours out of 24 hours. g. Every reasonable precaution shall be made to insure that animals are not teased, abused, mistreated, annoyed, tormented, or in any manner made to suffer by any person or by any means. h. No animal shall be given any alcoholic beverage, unless administered or prescribed by a licensed veterinarian for medicinal purposes. i. Animals which are worked, kept for sale, or exhibited, shall be strong, healthy and in good condition of skin and fur. j. Animals which are enemies by nature, or are temperamentally unsuited, shall not be quartered together or so near each other as to cause the animals fear, or to cause them to be abused, tormented, or annoyed. k. No tack, equipment, device, substance nor material that has been condemned by the town administrator or designee shall be used on the animals. 1. Animals must be maintained in quarters so constructed as to prevent their escape. Any commercial animal enterprise or pet shop shall assume full responsibility for recapturing any animal that escapes from his premises. Any commercial animal enterprise or pet shop shall take all reasonable precautions to protect the public from the animals and the animals from the public. m. Working animals shall be given proper rest periods. Confined or restrained animals shall be given exercise proper for the individual animal under the particular condition. n. Animal bedding shall be sufficient in size and quantity, be of good quality, and be kept clean. o. Animals which are unweaned or so young or weak that their sale would be injurious to them shall not be sold, offered for sale, or given away. p. Sick or diseased animals shall be isolated from healthy animals at all times, and so segregated that the illness or disease shall not be transmitted to another animal. q. Sick or injured animals shall not be sold, offered for sale, or displayed until such animal has been examined by a veterinarian and approved for display or sale. Such veterinarian documents shall be made available upon request by the public or a town official for one year from date of service by a veterinarian, and must be held by the seller thereafter in fulfillment thereof. r. Any commercial animal enterprise, pet store or pet shop shall maintain a register of the names and addresses of persons from whom animals are received and to whom animals are sold, traded or given. s. Any commercial animal enterprise, pet store or pet shop shall furnish the town administrator or designee with the names, addresses and telephone numbers of a responsible person or persons who have access to the place of business and who can be reached in an emergency at any time outside of business hours. t. Any changes in address, ownership or management of a commercial animal enterprise, pet store or pet shop, animal shelter or refuge shall be reported in writing to the local business tax receipt clerk at least five days prior to such change. u. Any commercial animal boarding enterprise shall retain the name, address and telephone number of the owner of each boarded dog and the license number of each dog. This register shall be exhibited to any Town of Davie official, police officer, code compliance officer or Broward County animal control officer upon request. v. Any commercial animal boarding enterprise shall notify the owner of a boarded animal when the animal refuses to eat or drink, causing it to lose flesh, or when the animal is injured or becomes weak or ill. w. Any commercial animal enterprise, pet store or pet shop, animal shelter or refuge shall keep all animals confined to the premises at all times, except when restrained in accordance with the provisions of this chapter. x. Every person maintaining a pet store or pet shop shall post a notice, framed and enclosed under glass, containing the names, addresses and telephone numbers of persons to be notified during any hour of the day or night who will proceed immediately to the location so as to permit entry to premises by a police officer or code compliance officer upon request. Such notice shall be on the premises near the entrance in such a position as to be legible at all times from the sidewalk or ground level adjacent to the building. y. Any commercial animal enterprise, pet store or pet shop, animal shelter or refuge shall conform to all present or future laws and ordinances of the town within 30 days of its passage. z. All retail pet sales locations, pet shops, pet stores and other commercial animal enterprises where dogs and cats may be transported or sold shall display a copy of the State of Florida statute section 828.29, F.S., sometimes referred to as the "Florida Pet Lemon Law." Section 2: All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3: It is the intention of the Town Council that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances; and that the sections of this Ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase to accomplish such intentions. Section 4: In the event that any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5: This Ordinance shall become effective immediately upon passage and adoption. PASSED FIRST READING THIS PASSED SECOND READING THIS Attest: Evelyn Roig Acting Town Clerk Approved for Legal Sufficiency: John C. Rayson, Town Attorney DAY OF , 2014. DAY OF , 2014. JUDY PAUL, Mayor EXHIBIT "I" STATE OF FLORIDA "PET LEMON LAW" FLORIDA STATUTE SECTION 828.29 828.29 Dogs and cats transported or offered for sale; health requirements; consumer guarantee. — (1)(a) For each dog transported into the state for sale, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state of origin and accredited by the United States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must be administered no more than 30 days and no less than 14 days before the dog's entry into the state. The official certificate of veterinary inspection certifying compliance with this section must accompany each dog transported into the state for sale. (b) For each dog offered for sale within the state, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state and accredited by the United States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must be administered before the dog is offered for sale in the state, unless the licensed, accredited veterinarian certifies on the official certificate of veterinary inspection that to inoculate or deworm the dog is not in the best medical interest of the dog, in which case the vaccine or anthelmintic may not be administered to that particular dog. Each dog must receive vaccines and anthelmintics against the following diseases and internal parasites: 1. Canine distemper. 2. Leptospirosis. 3. Bordetella (by intranasal inoculation or by an alternative method of administration if deemed necessary by the attending veterinarian and noted on the health certificate, which must be administered in this state once before sale). 4. Parainfluenza. 5. Hepatitis. 6. Canine parvo. 7. Rabies, provided the dog is over 3 months of age and the inoculation is administered by a licensed veterinarian. 8. Roundworms. 9. Hookworms. If the dog is under 4 months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than 21 days before sale within the state. If the dog is 4 months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after 3 months of age, but no more than 1 year before sale within the state. (2)(a) For each cat transported into the state for sale, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state of origin and accredited by the United States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must be administered no more than 30 days and no less than 14 days before the cat's entry into the state. The official certificate of veterinary inspection certifying compliance with this section must accompany each cat transported into the state for sale. (b) For each cat offered for sale within the state, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state and accredited by the United States Department of Agriculture, who issues the official certificate of veterinary inspection. The tests, vaccines, and anthelmintics must be administered before the cat is offered for sale in the state, unless the licensed, accredited veterinarian certifies on the official certificate of veterinary inspection that to inoculate or deworm the cat is not in the best medical interest of the cat, in which case the vaccine or anthelmintic may not be administered to that particular cat. Each cat must receive vaccines and anthelmintics against the following diseases and internal parasites: 1. Panleukopenia. 2. Feline viral rhinotracheitis. 3. Calici virus. 4. Rabies, if the cat is over 3 months of age and the inoculation is administered by a licensed veterinarian. 5. Hookworms. 6. Roundworms. If the cat is under 4 months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than 21 days before sale within the state. If the cat is 4 months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after 3 months of age, but no more than 1 year before sale within the state. (3)(a) Each dog or cat subject to subsection (1) or subsection (2) must be accompanied by a current official certificate of veterinary inspection at all times while being offered for sale within the state. The examining veterinarian must retain one copy of the official certificate of veterinary inspection on file for at least 1 year after the date of examination. At the time of sale of the animal, one copy of the official certificate of veterinary inspection must be given to the buyer. The seller must retain one copy of the official certificate of veterinary inspection on record for at least 1 year after the date of sale. (b) The term "official certificate of veterinary inspection" means a legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture, that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the person or business from whom the animal was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian, and the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks. The Department of Agriculture and Consumer Services shall supply the official intrastate certificate of veterinary inspection required by this section at cost. (c) The examination of each dog and cat by a veterinarian must take place no more than 30 days before the sale within the state. The examination must include, but not be limited to, a fecal test to determine if the dog or cat is free of internal parasites, including hookworms, roundworms, tapeworms, and whipworms. If the examination warrants, the dog or cat must be treated with a specific anthelmintic. In the absence of a definitive parasitic diagnosis, each dog or cat must be given a broad spectrum anthelmintic. Each dog over 6 months of age must also be tested for heartworms. Each cat must also be tested for feline leukemia before being offered for sale in the state. All of these tests must be performed by or under the supervision of a licensed veterinarian, and the results of the tests must be listed on the official certificate of veterinary inspection. (d) All dogs and cats offered for sale and copies of certificates held by the seller and veterinarian are subject to inspection by any agent of the Department of Agriculture and Consumer Services, any agent of the United States Department of Agriculture, any law enforcement officer, or any agent appointed under s. 828.03. (4) A person may not transport into the state for sale or offer for sale within the state any dog or cat that is less than 8 weeks of age. (5) If, within 14 days following the sale by a pet dealer of an animal subject to this section, a licensed veterinarian of the consumer's choosing certifies that, at the time of the sale, the animal was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or the presence of internal or external parasites, excluding fleas and ticks; or if, within 1 year following the sale of an animal subject to this section, a licensed veterinarian of the consumer's choosing certifies such animal to be unfit for purchase due to a congenital or hereditary disorder which adversely affects the health of the animal; or if, within 1 year following the sale of an animal subject to this section, the breed, sex, or health of such animal is found to have been misrepresented to the consumer, the pet dealer shall afford the consumer the right to choose one of the following options: (a) The right to return the animal and receive a refund of the purchase price, including the sales tax, and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification that the dog or cat is unfit for purchase pursuant to this section and directly related to necessary emergency services and treatment undertaken to relieve suffering; (b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of equivalent value, and reimbursement for reasonable veterinary costs directly related to the veterinarian's examination and certification that the dog or cat is unfit for purchase pursuant to this section and directly related to necessary emergency services and treatment undertaken to relieve suffering; or (c) The right to retain the animal and receive reimbursement for reasonable veterinary costs for necessary services and treatment related to the attempt to cure or curing of the dog or cat. Reimbursement for veterinary costs may not exceed the purchase price of the animal. The cost of veterinary services is reasonable if comparable to the cost of similar services rendered by other licensed veterinarians in proximity to the treating veterinarian and the services rendered are appropriate for the certification by the veterinarian. (6) A consumer may sign a waiver relinquishing his or her right to return the dog or cat for congenital or hereditary disorders. In the case of such waiver, the consumer has 48 normal business hours, excluding weekends and holidays, in which to have the animal examined by a licensed veterinarian of the consumer's choosing. If the veterinarian certifies that, at the time of sale, the dog or cat was unfit for purchase due to a congenital or hereditary disorder, the pet dealer must afford the consumer the right to choose one of the following options: (a) The right to return the animal and receive a refund of the purchase price, including sales tax, but excluding the veterinary costs related to the certification that the dog or cat is unfit; or (b) The right to return the animal and receive an exchange dog or cat of the consumer's choice of equivalent value, but not a refund of the veterinary costs related to the certification that the dog or cat is unfit. (7) A pet dealer may specifically state at the time of sale, in writing to the consumer, the presence of specific congenital or hereditary disorders, in which case the consumer has no right to any refund or exchange for those disorders. (8) The refund or exchange required by subsection (5) or subsection (6) shall be made by the pet dealer not later than 10 business days following receipt of a signed veterinary certification as required in subsection (5) or subsection (6). The consumer must notify the pet dealer within 2 business days after the veterinarian's determination that the animal is unfit. The written certification of unfitness must be presented to the pet dealer not later than 3 business days following receipt thereof by the consumer. (9) An animal may not be determined unfit for sale on account of an injury sustained or illness contracted after the consumer takes possession of the animal. A veterinary finding of intestinal or external parasites is not grounds for declaring a dog or cat unfit for sale unless the animal is clinically ill because of that condition. (10) If a pet dealer wishes to contest a demand for veterinary expenses, refund, or exchange made by a consumer under this section, the dealer may require the consumer to produce the animal for examination by a licensed veterinarian designated by the dealer. Upon such examination, if the consumer and the dealer are unable to reach an agreement that constitutes one of the options set forth in subsection (5) or subsection (6) within 10 business days following receipt of the animal for such examination, the consumer may initiate an action in a court of competent jurisdiction to recover or obtain reimbursement of veterinary expenses, refund, or exchange. (11) This section does not in any way limit the rights or remedies that are otherwise available to a consumer under any other law. (12) Every pet dealer who sells an animal to a consumer must provide the consumer at the time of sale with a written notice, printed or typed, which reads as follows: It is the consumer's right, pursuant to section 828.29, Florida Statutes, to receive a certificate of veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list all vaccines and deworming medications administered to the animal and shall state that the animal has been examined by a Florida - licensed veterinarian who certifies that, to the best of the veterinarian's knowledge, the animal was found to have been healthy at the time of the veterinary examination. In the event that the consumer purchases the animal and finds it to have been unfit for purchase as provided in section 828.29(5), Florida Statutes, the consumer must notify the pet dealer within 2 business days of the veterinarian's determination that the animal was unfit. The consumer has the right to retain, return, or exchange the animal and receive reimbursement for certain related veterinary services rendered to the animal, subject to the right of the dealer to have the animal examined by another veterinarian. (13) For the purposes of subsections (5) -(12) and (16), the term "pet dealer" means 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. (14) The state attorney may bring an action to enjoin any violator of this section or s. 828.12 or s. 828.13 from being a pet dealer. (15) County- operated or city- operated animal control agencies and registered nonprofit humane organizations are exempt from this section. (16) A pet dealer may not knowingly misrepresent the breed, sex, or health of any dog or cat offered for sale within the state. (17) Except as otherwise provided in this chapter, a person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Puppy Mill Information [Retrieved from intemet website @ ittp://www.awat,eiicssday.ora/natiolial/r)m inl'o.html I A puppy mill is the equivalent of a factory farm for dogs. The crop, in high demand by the American public, is puppies. Another term for a puppy mill is "commercial breeder;" as the name implies, puppy mill breeders have a commercial interest in puppies -- selling them is how they make a living or greatly supplement their income. The problem is, to make a profit, commercial breeders must cut corners. Dogs are kept in cages all the time, with the minimum legal space allowed (six inches larger than the dog on all sides), females are bred as often as possible, and when they are no longer able to "produce," they are discarded. It is no life for man's best friend. Though Cruel and inhumane, puppy mills are legal and often licensed puppy mills have been regulated by the federal government since the 1960's. Breeders who sell puppies to pet stores must hold a USDA dealer license, and many states also require breeders to obtain a license to have a dog breeding kennel. However, the standards they must adhere to are little more than requiring food, water and shelter. It is perfectly legal for licensed breeders to: Own several hundred, even over one thousand dogs Keep all dogs in cages for years at a time Breed dogs as often as possible, and to churn out as many puppies as possible The standards set forth by the government are not meant to ensure a good life for dogs; they are meant to impose the only bare minimum of care requirements. Furthermore, there are only a few inspectors in each state for hundreds— sometimes thousands of licensed kennels. How can you tell the difference between a puppy mill and a "good breeder "? In order to make money, a puppy mill operates differently than a responsible, humane breeder. The list below describes characteristics that indicate a breeder is operating as a commercial enterprise, or puppy mill instead of breeding as a hobby: The breeder has several breeds of dogs for sale at the same time. The breeder offers to ship dogs to new owners, without meeting you first. The breeder will not allow customers to view their property or kennel. The breeder does not require an application or references from people buying a puppy. The breeder does not ask buyers to return the dog or contact them if at any point in the dog's life if the owners cannot keep the dog. The breeder has a very large kennel. Owning fifty to several hundred dogs is typical. The breeder breeds females every time they come into heat. The breeder is USDA - licensed so they can sell puppies to pet stores. A USDA license is a red flag that a breeder is in the business to make money. The breeder does not screen his or her dogs for genetic defects Puppy Mill Statistics: 4 -5 million animals die in shelters every year (roughly 11,000 every day.) 20% of animals in shelters are purebred. It's estimated that 4 million dogs are bred in puppy mills every year. There are nearly 6,000 USDA - licensed commercial kennels in the U.S. (and untold numbers of unlicensed.) How can I be sure my next puppy isn't from a puppy mill? Puppy mills sell several million puppies every year. Another way to say this is that millions of people are buying dogs from puppy mills each year, and none of them had any idea. Puppy mill owners count on people falling in love with their puppies, either in the pet store or through adorable photos on the Internet. Here's how you can be sure not to support this cruel industry: Websites: Puppy mill breeders have great- looking websites all over the Internet to sell puppies direct to the public. Beware of any site that sells dogs, especially if they offer to ship puppies to you. No matter how convincing the site is, the reality could be tens or hundreds of dogs warehoused for breeding. They will even say they are not puppy mills right on the site, but you can't be sure unless you see for yourself. Never, ever buy a puppy online. Pet Stores: Stores sell puppies as though they are merchandise, or products. The system is the same as any other product in a store: puppies are raised with low -cost production methods, sold to a broker or "middle man," and delivered to retail stores to be bought by the end customer. The puppy's breeder sometimes makes as little as $75 per puppy, while the end customer often pays well over $1,000 in a retail pet store. Classified Ads: LAB PUPS:AKC;• 'r.': nr r:.•.I.1, ;u;r:. a a er classifieds have been the first ' ` For decades, the news P P places that puppy buyers look for a new pet. Commercial LAH P isti f n i .i, 4 1 r breeders tap into this market easily by placing ads. Beware ; lenredpcl�flrti =r i �, i ► + i �<�: ; i, of any ad that lists several breeds for sale and if the rt : .• :ir..•,,f i.,r,, r,u-.t '-I .,,nji ,Ire ;li-w, r 1, , - F�..If,l+ll ,•f�?lldll S:71i :f F:�r7 ' r breeder offers to meet you anywhere other than where the S I s, 4, lace where the dogs d puppies are raised. MINIATURE PINSCHER -'Ml F••n'„t�•.., ton F. P an u g PPP ka,i• b,th �I.,r�r;? ..rn:,li, f ,ta,' to PRFSA CANARIO PUPS F' 11- ,, Alternatives: 1 4 ,,a. - N , . If you are determined to buy a puppy, with millions of wUC: PUPPIES-AiiORARTEI— *sir. I r =„ t; animals, including purebred dogs and puppies, entering f;. e shelters every year, we believe anyone can find their.: x r,lcz�irr -->rc- tlt�:r ._ ::m _ , , ...1r;r perfect rescued puppy or dog if they simply take the time hr•:dth,;f,.,:anC,,r rnA.v. L :.1• tt> r Tf<,:3t.,:,:,,, to look and research rescue groups and shelters —and it's a st,rba uw Exept]y r , •i n >, I I 1 .,, t� t �1r :,il: f � f�,1, �1� +�!ftt+�. I';.l.rUl t,r ` +ry .u•:! .IiIL, Sr,,.'i sure way to not support inhumane breeding facilities or puppy mills. There are thousands of wonderful pets available for adoption on websites, and it is easy to search for particular breeds or ages of pets. There are websites just for shelters and rescue groups to showcase their available animals. A few good sites are: www.ncttindencom , wkvw.1- 800 -save_ a- e� , www.pets9l 1.com You can also find a dog by contacting a local breed rescue organization by searching www.iioo.Lyle.com. Enter a city or state, the breed you are looking for, and the word "rescue." Every pet adopted is a life saved. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP THROUGH: Louie Chapman, Jr., City Manager DATE: April 4, 2014 SUBJECT: AGENDA ITEM WS.6 - WORKSHOP MEETING OF APRIL 8, 2014 UPDATE ON FEDERAL HIGHWAY BEAUTIFICATION PROJECT ITEM BEFORE COMMISSION Update on Federal Highway Beautification Project BACKGROUND On March 19, 2002 City Commission adopted the Downtown Delray Beach Master Plan ( "Master Plan "). One element of the Master Plan included the modification of US 1, both northbound (NB) and southbound (SB), between SE 10th Street and George Bush Boulevard. In December 2007, Commission approved the installation of the temporary modification along both NB and SB US 1. The temporary modification was implemented in an effort to quantify how traffic, both vehicular and pedestrian, along US I would operate under the Master Plan proposal. Several goals were established as part of the US 1 modification project including: • Improve traffic safety (reduce crashes) • Control vehicular speeds • Beautify the corridor with trees and landscaping • Create a pedestrian friendly environment Staff collected traffic data in April 2007. This was used as the "before" data. The temporary modifications (utilizing traffic delineators to eliminate the third lane) were installed in March 2008 and "after" traffic data was collected in February 2009. This "after" data was then compared to the "before" data to assess achievement of project goals. Traffic data collected included: volumes, speed and crash data. Volumes and traffic flow — Overall volumes were slightly lower in 2009 than in 2007, a pattern that has existed since 2004. In terms of traffic flow, there has been minimal delay caused by the corridor modification. The most significant change was an increase in delay of approximately 6 seconds at the intersection of Atlantic Avenue and SE 6th Avenue. Even with this delay the corridor still operates at an acceptable level of service (capacity) per Florida Department of Transportation and Palm Beach County standards. Speeds — The posted speed limit along the corridor is 35 miles per hour (mph). Prior to the temporary modification, speeds were 6 mph over the speed limit. Speeds collected after the modifications were reduced by approximately 6 mph. Crashes — Crash data was analyzed for a three year period at the beginning of the study (US 1 Corridor Study and Conceptual Design, 2001 - 2003), and compared to the year that the temporary trial was in place. The results indicate a reduction of approximately 50% in annual crashes overall, and a 75% reduction in crashes at the US 1 intersections with Atlantic Avenue (at East 5th Avenue and East 6th Avenue). Construction began in May 2013 and is expected to be completed in July 2015. The section of both NB and SB US 1 between SE 2nd Street and NE 2nd Street (core section) will be completely reconstructed to provide wider paver brick sidewalks, decorative street lights and landscaping. The sections both north and south of the core section will have landscape nodes and bus shelters at various locations along both NB and SB US 1. A trombone mast arm signal will be installed at SB US 1 (SE/NE 5th Ave) and E Atlantic Avenue. Mast arm signal will also be installed at SE 5th Avenue and SE 1 st St and NE 5th Avenue and NE 1 st Street. Construction costs for this project are as follows: . $12,486, 967.77 Construction . $ 1,203,419.25 Construction Engineering and Inspection . $ 98,271.36 Post Design Services MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement Anthony Strianese, Police Chief THROUGH: Louie Chapman, Jr., City Manager DATE: April 4, 2014 SUBJECT: AGENDA ITEM WS.7 - WORKSHOP MEETING OF APRIL 8, 2014 DISCUSSION OF CODE ENFORCEMENT AND POLICE DEPARTMENT MERGER ITEM BEFORE COMMISSION City Commission consideration, discussion and direction to staff on combining Code Enforcement with the Police Department. BACKGROUND Pursuant to direction from the City Commission, staff conducted an analysis of our Code Enforcement function and considered the feasibility of transferring this function over to the Police Department. The attached report details our research and findings. Staff is prepared to discuss same. RECOMMENDATION Commission direction. Code li 1 1 1 1 Anthony W. Strianese, Police Chief Lula Cm Butler, Director, Community Improvement Staff conducted surveys (including site visits) of municipalities in both Palm Beach and Broward counties to determine the organizational structure, functions, staffing levels and work shifts for Code Enforcement units. All Florida code enforcement efforts are governed by State Statute Chapter 162. We also considered the current functions carried out under the City of Delray Beach's Code Enforcement division, staffing levels /challenges, current collaborative initiative between Code Enforcement and Police and the relationship of Code Enforcement to the Police Department's mission. Attached, for your reference, are two (2) charts identifying the details of our findings. We have selected one (1) City from both charts where cities elected to transfer Code Enforcement to Police or the Sheriff's Office to discuss in detail. City of Boynton Beach: Code Enforcement has been operating as a division of the Police Department for the past twelve (12) years. The annual budget is approximately $900,000. They work six (6) days per week, lam to 4pm, Monday - Friday; officers rotate the Saturday shift of 8am - 4pm. They use the Code Board process, meeting twice each month. A Police Sergeant handles all complaints on Code Enforcement performance. The Police Department provides division uniforms, laptops and vehicles. Code Officers attend police roll call, must meet background check for hire, are required to have Criminal Justice Information Service (CJIS) training and must be recertified every two (2) years. All calls for Code Enforcement service are done through non - emergency dispatch and are sent to the Code Officer via radio. Calls are required to be answered within one (1) hour and the officer is required to respond to dispatch within an hour. Dispatch handles the closing of the case or sending out the violation notice (on Police Department letterhead). The process is handled through the CAD system from the start, which reduces the amount of paperwork for Code Officers and Administrative staff. Public Works handles all illegal dumping, animal control and the abatement of some nuisances for the City. Benefits: According to Boynton Beach • Allows greater opportunity for Police to enter buildings • Enhanced safety for Code Officers • Laptops allow code officers to research property for business licenses, business tax receipts and /or criminal information before entering the buildings. 1 Deerfield Beach contracted its Code Enforcement services to the Broward County Sheriff in 2005 (provides the police service for the city too). The Division supervisor is a Deputy Sheriff. Code Officers work Monday - Saturdays, 7:30am - S:30pm. They use the Special Magistrate process for hearings, handling approximately 360 cases each year. The average number of cases processed is about 10,000 annually, with a 90% achievement of compliance without going through the Magistrate. They handle the traditional code activities, including vacant lots and are planning to add four (4) Sanitation Officers to handle trash complaints (garbage is collected by the City's Sanitation Department). They employ eight (8) Code Officers, one (1) Building Inspector, one (1) Administrative Assistant and a Payment Clerk. The Code Enforcement Unit is housed at Deerfield Beach City Hall and managed by the assigned Deputy Sheriff. The City opted to consolidate all of public safety under the Sheriff for multiple reasons. Their staff elected not to comment on the benefits and /or challenges with this decision to transfer this function to the Sheriff. City of Delray Beach Function Description: Code Enforcement The Community- Oriented Code Enforcement Program is designed to create a quality living environment through ensuring compliance with the City's housing, zoning and property maintenance codes. The division staff encourages voluntary compliance through the use of community - oriented, problem - solving techniques, partnering with existing homeowner associations, the issuance of violation notices, warnings, civil citations, informational brochures, notices to appear and other creative methods. This division provides technical assistance to the Code Enforcement Board and Hearing Officer and serves as contract administrator to the City's solid waste collection contractor for compliance with performance pursuant to approved contract. The list of current functions and activities handled by the City's Code Enforcement Division include: 1. Compliance with City's housing, zoning and property maintenance requirements. These include general housing violations, nuisance abatement, rental housing inspections, business tax receipt inspections, abandoned vehicles and landscape code violations processed through the Code Enforcement Board. 2. Issuance of Civil Violation tickets that can be appealed through the Hearing Officer 3. Landlord Permits /annual renewals 4. Business Tax Receipt application approvals /annual renewals S. Alarm registration /and annual renewals - false alarms are sent from the Police CAD system each morning for tracking /limited response list. OA 6. Contract Administration of the waste hauler's performance to approved contract 7. Application review, approval /annual renewal of C & D contractors 8. Graffiti abatement 9. Special collections and early set -outs of debris and garbage 10. Illegal sign abatement 11. Removal of shopping carts from residential neighborhoods 12. Identification and service of "Hot Spots" throughout the City directed at re- occurring nuisances in specific locations Note: General Housing and Nuisance Abatement violations consume most of the Code Officers time; special collections, cart delivery and abatement of other nuisances (removal of old tires, shopping carts and illegal signs) are primarily done by the Sanitation Officer).. The Code Enforcement division generates approximately $1.5 million dollars in revenue through the collection of Business Tax Receipts, Alarm Registrations, Landlord Permits, Nuisance Abatement Recovery fees and fines. The approved budget for Fiscal Year 2013/2014 is $1,112,850. Staff Conclusions: Community Improvement Department: Code Enforcement has been housed in the Cl department since 1985. We found examples of municipalities that transferred the service to Police and changed it back to Community Development for various reasons. The City of Atlanta, GA made the decision to transfer Code Enforcement to Police in February 2012, acknowledging they wanted to crack down on thousands of abandoned or dilapidated properties, a long- standing problem made worse by the foreclosure crisis. Police there said the eyesores feed crime. The Councilman that led the initiative stated, "Once you have Police showing up to say fix that or go to jail, you're going to get things done." Their preference was to have the code unit operate like policeman. Delray Beach opted to utilize the "community- oriented approach" in 1990, as a result of policies and recommendations that came out of the Vision 2000 initiative. In 1991, the Police Department created a Community Police program that partnered with Code Enforcement, which was very effective in addressing a myriad of neighborhood issues affecting the quality of living. In fact, this process was one of the projects that helped us win the first "All- America City" award in 1993; the National Civic League acknowledged the collaborative effort partnering with residents as a best practice. Today, we have the 3 Problem - Oriented Policing (POP) initiative that brings code officers and police together to address specific problems; we do this well and it is effective. Community Improvement recognizes the fact that we struggle with the "perception" that in some instances, the code enforcement due process is ineffective at achieving compliance timely and that the process does not guarantee compliance even when the property owner is found guilty by the Code Enforcement Board. Funding to abate nuisances is limited to a very small annual allocation. While there is no magic "silver bullet" when it comes increasing code compliance or getting the results we all want, best practices often dictate adopting innovative programs that engage in proactive and sometimes aggressive enforcement that involves all stakeholders in the community. Thus, citizen engagement in the solutions for effective code enforcement is critical. Police Department: Chief Strianese's recommendation is that the Community - Oriented Code Enforcement Program should remain housed as -is, providing the department receives adequate staffing and funding to meet the needs of the unique population it serves. His belief is that a majority of the code functions are very separate and distinct from the law enforcement mission. Those few functions /activities that are co- mingled can best be addressed by continuing their partnership between Code Enforcement and the Police Department's specialty units (Problem - Oriented Policing and Clean and Safe.) Moving forward, the Police Department fully anticipates having to increase our number of sworn law enforcement officers, as well as the number of Community Service Officers (CSO's.) This increase in CSO's combined with cross - training in Code Enforcement will provide the agency a unique opportunity to better address those limited, co- mingled (police /code) matters during the evening and weekend hours. This approach will enhance the existing Police Department and Code Enforcement partnerships that have been successful in the redevelopment of this city. Pros and Cons: We have listed both "pros and cons" developed from what we have learned from ou r review, conversations and site visits to other municipalities for your consideration: PROS: ✓ The Police Department has more of a presence that could be perceived as threatening, therefore, they may achieve a greater percentage of voluntary compliance. ✓ In Delray Beach the Police Department has the ability to supplement Code Enforcement actions with Community Service Officers and volunteers to do follow -up evenings and weekends. ✓ Code Officers will have supervision by Police in the field that will help create a safe working environment. 4 ✓ Neighborhood problems may be addressed more effectively by combining Code Enforcement with the Police Department employing the community police concept. ✓ Crimes associated with blighted conditions and other nuisances can be addressed more effectively since Police Officers will have the ability to access housing units and other properties using the code enforcement process. ✓ Transferring Code Enforcement to Police will provide additional resources (use of CAD and other software systems), better training opportunities and the redirection of some of the current functions carried out by the Code Officers. ✓ The Community- Oriented process will be diminished. ✓ The Police Department will focus on crime and criminality as opposed to appearance and neighborhood cleanliness. ✓ Housing the code staff within the Police Department's building may be a challenge due to space limitations plus cost associated with setting up the division, i.e. phones, furniture, etc. The division could remain in City Hall under the supervision of the appropriate designated Officer. ✓ Employees may be subject to greater background and /or police hiring standards, we lose some employees. ✓ Loss of the connection between Building & Inspections and P & Z staffs coordinated - approach to collaborate on specific issues; relationships and trust efforts that have been employed throughout the town understanding how cultural and economic conditions impact code compliance. ✓ Inspections for landlord permits and business tax receipts will be reprioritized. Final Comment: Staff has hopefully provided enough information and research in order for the Commission to determine the most effective method of employing Code Enforcement in Delray Beach. March 2014 5 fr" L" V it W O Le N N N j� Q. � � � N "�'"• 00 kr) 00 00 00 � O cn � O O CA y CO) Ln cn O O O O O O O cn NQ Q.. Q., UO., Ln CIO M O\ O N O C� M N cl a1 O M O kn - 00 t— kn kn -� 00 `O \O Vl kn M M 'C cUd ,S" Cd N Cd N E o W o ct Cd N C O 0 bA cn y U N N Q � U O U N � Q O O O O O O M O o O O O M N M U N cl Lr N I M N O O O O O N M U N cl Lr N I M N O cd cd 0 0 U a° a° u Q � o lc . 4 o � U cd O cd tj 0 O O 0 O °C 0 M O O O M O O O O M rO cn E Ln S-i cn .O on .O Lo .O rn .O co .O cn .O r .O .O cA rA. Fr 7r S.y 3.. 3.-i �. S.y F. it •.r U U U N U N U N U U U N U U U U U U U U O rn O cn O v) O cn O c O m O rn O cA O LA O Ln \O N 110 N O N N N 00 00 00 00 kn 00 O d O d cr 00 l� cn O 01 U c cd cd OA N N cn ?, Q. cd M cd w U a° a C� Q H U C) / 110 7 \ | / / | ƒ ( 2 t ? u � u k 8 2 \ « / C) / 110 7 \ | / / | ƒ � ? u � u k « , # % / / ƒ C) / 110 7 \ | / / | ƒ u u u u « C) / 110 7 \ | / / | ƒ MEMORANDUM TO: Mayor and City Commissioners FROM: DATE: April 3, 2014 SUBJECT: AGENDA ITEM WS.8 - WORKSHOP MEETING OF APRIL 8, 2014 COMMISSION COMMENTS lu o° a P v 0 Z H � 5 o � IA w Iz I I� Iz Iz III I� I� �o w� AT �a 3r � N pv T J O � O y � � y A � 3 U a N 7 H H O p• U �y w 0 y oN Tom' o p. w J W o 0 s o�J �! U F O .d Fr r O O N � � � O O N A _ T O O T J A 3 d p o O W T y N O d H❑❑ p O Ly O � � o 0 0 o P• W❑ y r r H: W H Q d N 0 U � Z d 6 ,a a w w Iz I I� Iz Iz III I� I� �o w� AT �a 3r � N pv T J O � O y � � y A � 3 U a N 7 H H O p• U �y w 0 y oN Tom' o p. w J W o 0 s o�J �! 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