Ord 22-14 ORDINANCE NO. 22-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, ESTABLISHING A TEMPORARY BUILDING
MORATORIUM ON FACILITIES OFFERING THE RETAIL SALE OR
TRANSFER OF DOGS AND/OR CATS AS FURTHER DEFINED
HEREIN FOR A PERIOD OF SLY (6) MONTHS FROM THE DATE
OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR
GEOGRAPHIC AREA COVERED; PROVIDING FOR THE
DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DATE.
WHEREAS, the City Commission has determined that the City of Delray Beach desires to prohibit
substandard breeding facilities that mass-produce dogs and cats for sale to the public, many of which are sold
at certain retail sales facilities; and
WHEREAS, the City needs a. period of time in which City staff may review studies regarding
substandard breeding facilities for dogs and cats in order to draft appropriate and responsible regulations
regarding same;and
WHEREAS, this zoning ordinance is adopted pursuant to the City's Horne Rule Powers as set forth in
Florida Statutes Chapter 166;and
WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.0 1(3)(c).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA:
Section 1. "Retail Sales Facilities for Dogs and Cats" shall mean any retail establishment that is
open to the public that sells, transfers, or offers for sale or transfer; dogs and/or cats,including_puppies
and kittens,regardless of the age of the dog or cat.
Section 2. TEMPORARY BUILDING MORATORIUM UPON THE ISSUANCE OF
PERMITS FOR RETAIL SALES FACILITIES FOR DOGS AND CATS. All activities relating to the
acceptance, review, and action upon permit applications for Retail Sales Facilities for Dogs and Cats
that offer for sale or transfer dogs and/or eats as defined-herein are temporarily suspended in order fob
the Citv of Delray Beach, through its officials and staff, to have adequate time and opportunity to
determine the adequacy of application .criteria standards, and other approval processes related to the
issuance of said pertrtits within the City of Delray Beach. Based upon the foregoing, there is hereby
imposed a temporary moratotxum on the acceptance, review, and action upon permit applications for
Retail Sales Facilities for Dogs and Cats. During the time the temporary moratorium is in effect, the
i
City will accept no applications for permits for the operation 4 -ail Sales Facilities for Dogs and
Cats.
Section 3. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this
ordinance shall be effective in the corporate municipal boundaries of the City of Delray Beach.
Section 4. DURATION OF MORATORIUM EXTENSION.
a. The te=otar y moratorium set forth in this ordinance shall take effect immediatel
neon the effective date of this ordinance and shall terminate six () months after the said effective date.
The City will accept no applications which are subject to the moratorium until the moratorium has
expired.
b The City Commission may extend the moratorium established in this ordinance by
enactinent of on ordinance one 1 time fora period not to exceed nine 90 days upon a finding by
the City Commission set forth in the ordinance that the problems giving rise to the need for the
tear orate moratorium established herein continue to exist.
Section 5. PENALTIES. Any individual, entity, or agent, who shall violate any ptovision of this
ordinance or who fails to comply therewith or gny of the requirements thereof, shall be fined in an
amount not exceeding five hundred dollars ($500.00) or be imptisoned for a period of time not to
exceed sixty (6Q) daYL
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and al tea nn LthisRttay of
2014.
R
TIES
CITY CLERK v)
First Readin t C L(.,Ll 5 --D/q
Second Rea
2 ORD. NO. 22-14
Coversheet Page 1 of 1
•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terry Stewart, Interim City Manager
DATE: August 8, 2014
SUBJECT: AGENDA ITEM 10.B.-REGULAR COMMISSION MEETING OF AUGUST 19,201
ORDINANCE NO.22-14(SECOND READING/SECOND PUBLIC HEARING)
BACKGROUND
On August 5, 2014, the City Commission approved Ordinance No. 22-14 on first reading.
LEGAL DEPARTMENT REVIEW
Ordinance No. 22-14 was published in the Sun-Sentinel on Monday, July 28, 2014. It will be
published on Wednesday,August 13, 2014 in compliance with advertising requirements.
DISCUSSION
This ordinance is before Commission for second reading and second public hearing to consider an
amendment to the Land Development Regulations (LDR) of the City of Delray Beach, establishing a
temporary building moratorium on facilities offering the retail sale or transfer of dogs and/or cats as
further defined herein for a period of six (6) months from the date of adoption of this ordinance;
providing for geographic area covered; providing for the duration of moratorium.
RECOMMENDATION
Recommend approval of Ordinance No. 22-14 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=8273&MeetingID=521 12/9/2014
Coversheet Page 1 of 1
•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: July 17, 2014
SUBJECT: AGENDA ITEM IO.B.-REGULAR COMMISSION MEETING OF AUGUST 5, 2014
ORDINANCE NO.22-14(FIRST READING/FIRST PUBLIC HEARING)
BACKGROUND
The attached Ordinance No. 22-14 establishes a temporary building moratorium on certain pet stores
which offer for sale or transfer dogs or cats. The moratorium will be for a period of six (6)months from
the date of adoption of this ordinance in order to give City staff a period of time in which to review
studies regarding substandard breeding facilities in order to draft appropriate and responsible
regulations regarding same. This moratorium is limited to retail shops offering for sale dogs and cats
and will not affect retail shops that offer for sale pet accessories and supplies, grooming services, fish,
and other products and services not connected with the sale of dogs and cats.
LEGAL DEPARTMENT REVIEW
This item complies with all applicable rules and laws.
DISCUSSION
The item before the Commission is a request for approval of Ordinance No. 22-14 establishing a
temporary building moratorium on pet stores for six (6)months.
RECOMMENDATION
The City Attorney's Office recommends City Commission approval of Ordinance No. 22-14.
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemlD=8191&MeetinglD=520 8/8/2014
PH Monday,July 28,2014 SunSentinal.com Sun Sentinel
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS BY ESTABLISHINO' A
TEMPORARY BUILDING MORATORIUM
ON FACILITIES OFFERING THE
RETAIL SALE OR TRANSFER OF
DOGS AND/OR CATS AS FURTHER
DEFINED HEREIN FORA PERIOD OF
SIX {6) MONTHS FROM THE'DATE OF ,
ADOPTION OF THIS ORDINANCE:
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following ordinance:
ORDINANCE NO.22-14
AN 'ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY :BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A
TEMPORARY BUILDING MORATORIUM ON FACILITIES OFFERING
THE RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS
FURTHER DEFINED HEREIN FOR A. PERIOD OF SIX (6) MONTHS
FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING
FOR GEOGRAPHIC AREA. ' COVERED; PROVIDING FOR .. , HE
DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER . CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the'purpose
of accepting public testimony.regarding the proposed ordinance. The first
Public Hearing will be held on..TUESDAY,AUGUST 5,2014,AT 7:00 P.M.in
the Commission Chambers at City Hall, 100 N.W.1 st Avenue, Delray Beach,
Florida.If the proposed ordinance is passed on first reading,a second Public
Hearing will be held on TUESDAY AUGU T 19 1`4 AT 7:0 .(or
at any continuation of such meeting whiph.is set by the Commissibr))=inihe
CommissionChambersatCity Hall,100N.W.1stAvenue,beirayBeach,Florida.
All interested citizens-are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or before
the date of these hearings to the City Attorney's office. For further information
or to obtain a copy of the proposed ordinance, please contact the City
Attorney's office,200N.W.1 stAvenue,Delray Beach,Florida 33444(email at
city attorney @ mydalraybeach.com)or by calling 561/243-7091),between the_
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH
PERSON MAY NEED TO: ENSURE THAT A VERBATIM Rf=CORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON. WHICH
THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE
NOR ,PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D.Nubin, MMC
City Clerk July 28, 2014 and August 13, X14
8B Sun Sentinel SunSentlnel.com Wednesday,August 18,2014 PN
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS BY ESTABLISHING A
TEMPORARY BUILDING MORATORIUM
ON FACILITIES OFFERING THE
RETAIL-SALE OR TRANSFER OF
DOGS AND/OR CATS AS FURTHER
DEFINED HEREIN FORA PERIOD OF
SIX (S) MONTHS FROM THE DATE OF
ADOPTION OF THIS ORDINANCE
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following ordinance:
ORDINANCE NO.22-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A
TEMPORARY BUILDING MORATORIUM ON FACILITIES OFFERING
THE RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS
FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS
FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING
FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE
DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose
of accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on TUESDAY,AUGUST S.2014,AT 7:00 P.M.in
the Commission Chambers at City Hall, 100 N.W.1 st Avenue, Delray Beach,
Florida.It the proposed ordinance is passed on first reading,a second Public
Hearing will be held on TUESDAY,AUGUST 19, 2014 AT 7:00 P.M. (or
at any continuation of such meeting which is set by the Commission) in the
Commission Chambers atCity Hall,100N.W.1 stAvenue,Delray Beach,Florida.
All Interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments.in writing on or before
the date of these hearings to the City Attorney's office. For further information
or to obtain a copy of the proposed ordinance, please contact the City.
Attorney's office,200 N.W.1 stAvenue,Delray Beach,Florida 33444(email at
city attorney @ mydelraybeach.com)or by calling 5611243-7091),between the
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT
TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH
PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED, THE CITY DOES NOT PROVIDE
NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC
City Clerk July 28, 2014 and August 13, 2014
PM. Monday,July 26,2014 Sun'Sentinel.com Sun Sentinel
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT
TO THE LAND DEVELOPMENT
REGULATIONS BY ESTABLISHING A
TEMPORARY BUILDING MORATORIUM
ON FACILITIES OFFERING THE
RETAIL SALE OR TRANSFER OF
DOGS AND/OR CATS AS FURTHER
DEFINED HEREIN FORA PERIOD OF
SIX (G) MONTHS ,FROM THE DATE OF
ADOPTION OF THIS ORDINANCE
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the following ordinance:
ORDINANCE NO.22-14.
AN 'ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A
TEMPORARY BUILDING MORATORIUM ON FACILITIES OFFERING
THE RETAIL SALE OR TRANSFER OF DOGS AND/OR CATS AS
FURTHER 'DEFINED HEREIN FOR A. PERIOD OF SIX (6) MONTHS
FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING
FOR GEOGRAPHIC AREA. " COVERED; PROVIDING FOR TH,E
DURATION OF MORATORIUM; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for theporpose
of accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on..TUESDAY.AUGUST 5,2014,AT 7:00 P.M.in
the Commission Chambers at City Hall, 100 N.W.1 st Avenue,Delray Beach,
Florida.If the proposed ordinance is passed'on first reading,a second Public
Hearing will be held on TUESDAY AUGUST 19 20j4 AT 700 RM.(or
at any continuation of such meeting whiph is set by the Commis rfJ•ilnihe
Commission Chambers atCity Hall,100 N.W.1 stAvenue,Delray Beach,Florida.
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance orsubmittheir comments in writing on or before
the date of these hearings to the City Attorney's office. For further information
or to obtain a copy of the proposed ordinance, please contact the City
Attorney's office,200 N.W.1 st Avenue,Delray.Beach.,Florida 33444(email at
city attorney 0 mydelraybeach.com)or by calling 561/243-7091),between the
hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL
ANY DECISION MADE BY THE CITY COMMISSION WITH .RESPECT
TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH
PERSON MAY NEED TO ENSURE THAT A VERBATIM .RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON, WHICH
THE APPEAL IS TO BE BASED: THE CITY DOES NOT PROVI'D'E
NOR PREPARE SUCH RECORD' PURSUANT TO F.S. 286.0105.
J.
CITY OF DELRAY BEACH
Chevelle D.Nubin, MMC
City Clerk July 28, 2014 and August 13, l4