Item B13 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2013 Department: County Attorney
Bulk Item: Yes X No _ Staff Contact : Christine Limbert-Barrows#3475
AGENDA ITEM WORDING:
Approval to advertise a public hearing to consider approval of an ordinance amending Section 4-76 of
the Monroe County Code providing regulations relating to the keeping of horses and other livestock in
Monroe County.
ITEM BACKGROUND:
The proposed ordinance amends Section 4-76 of the Monroe County Code to set forth criteria for
keeping livestock and horses in certain areas. Prior to this Ordinance, the Code did not set forth
regulations for keeping horses and other livestock, even though Sec. 4-76 currently implies that certain
zones allow livestock. The Board considered an ordinance relating to keeping of horses and livestock
at its regularly scheduled meeting on July 17, 2013, and the item was tabled to the August 21, 2013
meeting. After review and coordination with staff, it is now proposed that the regulations relating to
the keeping of horses and livestock be codified in Chapter 4 ANIMALS of the Code.
PREVIOUS RELEVANT BOCC ACTION:
3/15/06 BOCC approved Ordinance No. 006-2006
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval to advertise a Public Hearing for 3:00 P.M. on September 17, 2013 in Marathon
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No_ AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
ORDINANCE -2013
AN ORDINANCE OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS AMENDING
SECTION 4-76 OF THE MONROE COUNTY CODE;
PROVIDNG REGULATIONS RELATED TO THE
KEEPING OF HORSES AND OTHER LIVESTOCK IN
MONROE COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, this ordinance is intended to establish criteria and clarify where horses and
other livestock may be kept in unincorporated Monroe County; and
WHEREAS, prior to this ordinance, the Monroe County Code did not contain any
provisions directly related to the keeping of horses and livestock; and
WHEREAS, Section 4-76 of the Monroe County Code currently implies that zoning should
allow livestock in an appropriately zoned areas; however, no such areas have been established;
and
WHEREAS, the Board considered an ordinance relating to the keeping of horses at its
regularly scheduled public hearing on July 17`h, 2013, which was tabled to August 21, 2013;
WHEREAS, The Board tabled the public hearing to allow further review and coordination
with staff; and
WHEREAS, to ensure that enforcement remains with the Animal Control Department and
for ease of reference and enforcement, the ordinance previously brought before the Board, as
amended herein, is proposed to be included in Section 4-76 of the Monroe County Code as set
forth below;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1: Section 4-76 shall be amended to read as follows:
(a) Zoning. No livestock; as defined in Section 4-1 or sueh as eews, goats, she ,
barnyard animals such as chickens, ducks, rabbits or geese, shall be kept either penned or
loose in any zone area unless Whefe fief ether-wise permitted i* b the county. Animals
considered wild shall not be kept in any residential area zone in the county.
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(1) Keeping of livestock. Excluding horses for personal use as allowed in subsection (2),
the keeping of livestock is permissible only on a parcel of land that a) has an approved
agriculture use and b) is within a land use (zoning) district which permits agriculture
and/or is within an aaricultural/aquacultural use overlay as set forth in section 130-120 of
the Monroe County Land Development Code.
(2) Keeping of a horse for personal use.
(a) A horse may be kept on a parcel of land that contains one (1) acre or more of
contiguous upland and if all of the following_criteria are met:
(i) The horse(s) shall be for personal use only. Under no circumstance shall the
horse(s) be related with an on-site commercial purpose, such as a commercial
riding_ground; and
(ii) There shall be a lawful residential dwelling unit on the same parcel of land upon
which the horse(s) is kept; and
(iii)The areas in which the horse(s) is to roam shall be entirely enclosed with a fence
of at least four(4)feet in height.; and
(iv)The stable or other area in which the horse(s) is kept overnight shall be located at
least fifty(50) feet from any residential dwelling unit, excluding the residential
dwelling unit located on the parcel where the horse(s) is kept.; and
(v) For parcels of land containing over one (1) acre of contiguous upland an
additional horse may be maintained for each additional whole acre of upland
(b) Wild animals.
(1) No person, partnership or corporation shall possess or harbor any wild
animal. This prohibition does not apply to zoological parks,properly
licensed transient animal exhibitions, circuses, or licensed veterinarians or
DNRDEP-licensed caregivers to wild animals.
(2) Anyone in possession of a wild, or exotic animal, as defined and regulated
by federal or state statutes, or a crossbreed of a wild or exotic animal with
a domestic animal, shall meet the following requirements to keep the
animal:
a. Obtain and keep current a permit from the state for the keeping,
possessing or exhibiting of a wild or exotic animal;
b. Comply with zoning restrictions for the keeping or possessing of a
wild or exotic animal; and
C. Restrain the animal adequately so as to protect the public from any
harm.
(c) Hearing and disposition. When an animal control officer has reason to believe
that an individual possesses an unpermitted wild or exotic animal, the officer shall
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submit a report to the office of the county attorney. The county attorney shall
decide whether to petition the court for a show cause hearing to determine the
animal's status as a wild or exotic animal. If an animal is determined to be wild or
exotic by the court,the individual possessing the animal shall immediately
comply with the restraint requirements set forth in this chapter. At any time
following the judge's decision, if an animal control officer believes any wild or
exotic animal has not been adequately restrained, the animal may be immediately
taken into custody and held in a safe and humane manner until the owner can
demonstrate compliance. Any individual whose animal has been so held by the
animal control officer shall be responsible for the costs incurred as a result of
failure to comply with this chapter.
(d) Compliance period; citation. Any person possessing a wild or exotic animal shall
have 14 calendar days following the court's decision to fully comply with this
chapter. After 14 calendar days, if that person has not so complied, an animal
control officer shall issue that person a citation for violating this chapter. The
citation shall require an appearance before a judge and may result in the court-
ordered destruction of the wild or exotic animal, or other disposition, at the cost of
the owner.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
SECTION 5: TRANSNUTTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the th day of , 2013.
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Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
7APPROVED AS TjO� FORM:
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date + +
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