Item V3 *3:00 P.M.Public Hearing
BOARD OF COUNTY COMNIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 16,2013-KW Division: Public Works/Engineering
Department: Public Works/County Attorney
Bulk Item: Yes _ No X Staff Contact : Christine Limbert-Barrows#3475
AGENDA ITEM WORDING:
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. At the August 21,
2013 meeting, public input was taken and the Board directed staff to amend the ordinance in
coordination with the interested parties that spoke at the meeting. Staff met with the interested parties
on September 20, 2013 to address issues and concerns raised in the proposed ordinance. Staff has
amended the ordinance as a result of the 9/20/13 meeting. For east of reference; deletions are raFieken
thr-eugh, additions are underlined and changed made after the 9/20/13 meeting are highlighted.
PREVIOUS RELEVANT BOCC ACTION:
3/15/06 BOCC approved Ordinance No. 006-2006
8/21/13 BOCC approved public hearing for 3:00 p.m. on September 17,2013 in Marathon,FL
9/17/13 BOCC continued public hearing to 3:00 p.m. on October 16,2013 in Key West,FL
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval.
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 Y Atttq— OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM# v-3
Revised 7/09 * Revised Back-Up *
Revised Memo/Revised Ordinance
(Added language/footnotes)
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent,District 2
Mayor Pro Tern,Heather Carruthers,District 3
U N TY M O N R O E Danny L. Kolhage,District 1
KEY WEST FLORIDA 33040 David Rice,District 4
O 4
(305)294-4641
• , 1 j Sylvia J.Murphy,District 5
Robert B.Shillinger,County Attorney" Office of the County Attorney
Pedro J.Mercado,Assistant County Attorney** 1111 121h Street,Suite 408
Susan M.Grimsley,Assistant County Attorney** Key West,FL 33040
Natileene W.Cassel,Assistant County Attorney** (305)292-3470—Phone
Cynthia L.Hall,Assistant County Attorney** (305)292-3516 Fax
Christine Limbert-Barrows,Assistant County Attorney**
Derek V.Howard,Assistant County Attorney**
Lisa Granger,Assistant County Attorney
Steven T.Williams,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law
MEMORANDUM
To: Mayor& County Commissioners
From: Christine Limbert-Barrows, Assistant County Attorne
Through: Bob Shillinger, County Attorney
Date: 10/8/2013
Re: Ordinance Amending Section 4-76 of the Monroe County Code (MCC)
This ordinance is intended to establish criteria and clarify where horses and other livestock may be kept in
unincorporated Monroe County. Prior to this ordinance, the Monroe County Code did not contain any
provisions directly related to the keeping of horses and livestock, but 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. It is my understanding that the planning department also frequently gets request
from citizens on how to legally keep horses for personal use within the County. In response to the requests,
the planning department submitted an ordinance to the Board for consideration. The ordinance set forth the
zoning considered necessary for keeping livestock and set forth an exemption to the zoning requirement
when horses kept for personal use meet certain criteria. The ordinance set forth regulations and criteria
relating to the keeping of livestock and horses to be codified in the Land Development Code. The Board
discussed the previously proposed ordinance at a regularly scheduled public hearing on July 17th, 2013 and
tabled the ordinance to August 21, 2013. After further review and coordination with staff, it is now
proposed that this ordinance be codified in Chapter 4 of the Monroe County Code which deals with animal
control and care. This proposed ordinance is intended to simplify the criteria as previously set forth, but to
still clearly set forth the zoning requirements for keeping livestock and the criteria necessary to ensure
proper animal care standards are met. By codifying this ordinance in Chapter 4 it is intended that the Animal
Control Department will enforce the animal control and care provisions, but the County's Code Compliance
department will be responsible for enforcement relating to land zoning restrictions.
County staff met with interested parties, many of whom spoke at the August 21, 2013 meeting, on
September 20, 2013 to discuss the ordinance. The ordinance was revised based upon input received at this
meeting.
1
The County is authorize by law to enact ordinances relating to animal control or cruelty
The County has the authority to enact ordinances relating to animal control or cruelty pursuant to F.S.
828.27(2). Additionally, the Board stated legislative findings and intent which include that it is advisable to
enact animal control ordinance in the interest of protecting public health, and safety and promoting the
welfare of animals within the county and providing for orderly and uniform administration of the provisions
governing animal welfare and control. See MCC Section 4-3. The Monroe County Code sets forth standards
of animal care in Section 4-81, these standards apply to horses' and provide standards for wholesome food
and water2, clean, sanitary and unconfined care3, shelter4, and veterinary cares.
The ordinance sets forth the necessary zoning for livestock, pursuant to Section 130-120 and sets forth a
complete exemption for police horses and an exemption for personal horses when certain criteria is met
The ordinance provides that "No livestock as defined in Section 4-1 or barnyard animals such as chickens,
ducks, or geese, shall be kept either penned or loose in any area unless permitted by the county". Livestock,
as currently defined in Section 4-1, means "horses, stallions, colts, geldings, mares, sheep, rams, lambs,
bulls, bullocks, steers, heifers, cows, calves, mules,jacks,jennies, burros, goats, kids, swine, and any other
fur-bearing animals being raised in captivity, including those other animals recognized by the Florida
Department of Agriculture and Consumer Services as being within the jurisdiction of its department.".
The ordinance states that the keeping of livestock, excluding horses for personal use, 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 agricultural/aquacultural use overlay as set forth in section 130-120
of the Monroe County Land Development Code. The ordinance continues to state that "Animals considered
wild shall not be kept in any residential area in the county"6. For reference, the definition of"domesticated
companion animal"is included in footnote below.7
1 Animal,as defined in MCC Section 4-1,means any living dumb creature,including mammal,bird,fish,reptile,ferret,
turtle,horse,mollusk,crustacean,or any other vertebrate other than a human being.
2"Wholesome food and water.Every owner or caregiver of an animal shall provide the animal with sufficient good and
wholesome food and water,the minimum standards of which are as follows: (1)Sufficient food.Provision not exceeding 24
hours of a quantity of wholesome foodstuff suitable for the animals' specific species and age and that maintains a reasonable
level of nutrition.(2)Sufficient water. Constant access to a supply of clean,fresh potable water provided at intervals not to
exceed 24 hours."See section 4-81(b)
3"Clean, sanitary and unconfined care.Every owner or caregiver of animals shall keep all animal in a clean,sanitary,and
healthy manner and not confined so as to be forced to stand,sit or lie in their own excrement."See Section 4-81(c),MCC
4"Shelter.Every owner or caregiver of animals shall provide all animals with a shelter that shall be a structure that is
ventilated and protected from excessive heat and cold and of sufficient size to permit the animals to exercise and move about
freely."See Section 4-81(d),MCC
5"Veterinary care.The owner or caregiver of a diseased or injured animal shall provide that animal with appropriate
veterinary card and shall segregate the diseased animal from other animals if necessary to prevent transmittal of disease."See
Section 4-81(e),MCC
6 Wild animal,as defined in MCC Sec.4-1,means any animal that is not a domesticated companion animal,or that is any
crossbreed of wild animals with domestic animals,or any descendant of any crossbreed.Such animals include,but are not
limited to: any venomous snake,python or constrictor snakes,owls,porcupines, monkeys,raccoons,skunks,leopards,lions,
tigers,lynx,bobcats,badgers,fox,coyote,wolves,wolf-hybrids,wolverines,squirrels,bears,deer,chipmunks,moose,elk,
rabbits,opossum,beavers,ground hogs,moles,gophers,mice/rodents,bats,birds,and any related fur or feathered
nondomesticated companion animals.
7 Domesticated companion animal,as defined in MCC Sec.4-1,means an animal that has traditionally,through a long
association with humans,lived in a state of dependence upon humans or has been traditionally kept as a household pet,
including but not limited to:dogs,cats,hamsters,gerbils,ferrets,mice,rabbits,parakeets,parrots,cockatiels,cockatoos,
canaries,love birds,finches and tropical fish.
2
Since some horses kept within the County are kept for police purposes; the ordinance provides for horses
used for a police purpose to be exempt from the requirements as set forth below. The ordinance defines
horse as "a hoofed mammal categorized within the species equus ferus caballus". This definition is used to
exclude other animals such as a zebra or donkey which generally fall within the same genus of equus. After
the 9/20 meeting, it was agreed to propose that the ordinance be revised to allow a small horse such as a
pony or miniature horse on a smaller portion of land by adding the following language: "a small horse not
higher at the shoulder than 141/2 hands (55 in./146 cm) may be kept on a parcel of land that contains half 1/2
acre or more of contiguous upland." Also as directed by the Board and addressed at the 9/20 meeting, the
ordinance now includes language which states that contiguous land is defined as "upland that a horse can
walk or graze upon but it does not exclude the land upon which structures are built".
Horses may be kept for personal use when kept on a parcel of land that contains one (1) acre or more of
contiguous upland and a small horse not higher at the shoulder than 141/2 hands (55 in./l46 cm) may be kept
on a parcel of land that contains a half (1/2) acre or more of contiguous upland and if all of the following
criteria are met:
• The horse(s) shall be for personal use only. Under no circumstance shall the horse(s) be kept for
a primary on-site commercial purpose, such as a commercial riding ground. Equine therapy and
education programs may be allowed as institutional uses where such uses are permitted;8 and
• There shall be a lawful residential dwelling unit on the same parcel of land upon which the
horse(s) is kept; and
• 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
• 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
• For parcels of land containing over one (1) acre of contiguous upland, an additional horse may
be maintained for each additional half(1/2) acre of upland.
In an effort to address those lawfully established uses and structures, the following language was added as
Section (b) "Non-conformities; Nonconforming uses, which have been lawfully established prior to the
enactment of this ordinance, may continue unless the use is discontinued or abandoned for six (6) consecutive
months".
A final draft has been sent to the interested parties and the animal control contractors for review. The Humane
Animal Care Coalition (HACC) submitted comments to the original and revised ordinance,but no comments
were received from the other animal control contractors as of the date of this Memo.
(For ease of reference; Deletions are str-ielee*g#, additions are underlined and changes made after
September 17'', 2013 meeting are highlighted.)
8 This language was amended to address concerns raised by horse owners in the County that operate equine educational and
therapy programs from time to time which may have an incidental commercial purpose.
3
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 to be codified in the Land Development
Code relating to the keeping of horses at its regularly scheduled public hearing on July 17'',
2013, which was tabled to August 21, 2013 for further review and coordination with staff; and
WHEREAS, The Board at its regular meeting on August 21, 2013 took input from staff and
the public, which resulted in the previous ordinance being denied and this ordinance being
amended as directed by the Board; and
WHEREAS, based upon the issues and concerns raised at the August 21, 2013 meeting, staff
met with the interested parties on September 20'', 2013 to ensure that all concerns raised are
addressed in the proposed ordinance;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
SECTION 1: Section 4-76(a) shall be amended to read as follows:
(a) Zoning. No livestock; as defined in Section 4-1 or stieh 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 .^he fe not other-wise
permitted i* b the county. Animals
considered wild shall not be kept in any residential area Fefie in the county. Horses kept
for police purposes are exempt from the minimum land requirements of this section.
,(1) Keeping of livestock. Excluding horses for personal use as allowed in subsection (2),
the keeping of livestock and agricultural/commercial uses associated with the keeping of
horses i.e. stables and ridiniz rounds is vermissible 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 agricultural/aquacultural use overlay as set forth in section
130-120 of the Monroe County Land Development Code. The County's Code
Compliance Department will be responsible for enforcement of land zoning restrictions
under this section, but the County's animal control officers will otherwise be responsible
for enforcement relating to animal care.
(2) Keeping of a horse for personal use. For purposes of this section, a horse is
defined as a hoofed mammal categorized within the Species a uus ferus caballus. For
purposes of this section contiguous land means upland that a horse can walk or graze
upon but it does not exclude the land upon which structures are built.
(a) A horse may be kept on a parcel of land that contains one (1) acre or more of
contiguous upland, and a small horse not higher at the shoulder than 14 1/2 hands (55
in./146 cm) may be kept on a parcel of land that contains a half (1/2) acre or more of
contiguous upland; if all of the following criteria are met:
(i) The horse(s) shall be for personal use only. Under no circumstance shall the
horses be kel2t fora rimar on-site commercial puLpose, such as a commercial
riding ground. Equine therapy and education programs may be allowed as
institutional uses where such institutional uses are permitted,• 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)There areas in which the horse(s) is to roam shall be entirely enclosed with a
fence of at least four (4) feet in hei ht.; 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 Varcels of land containing-over one 1 acre of contiguous upland, an
additional horse ma be ke t for each additional half °1/i` acre of u land.
b Non-conformities: Nonconforming uses which have been lawfully established jLrior
to the enactment of this ordinance may continue unless the use is discontinued or
abandoned for six '6 consecutive months.
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: TRANSMITTAL 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.
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
APPR VED AS TO FORM•
r
CHRISTINE M. LIMBERT-BARROWS
Date A SISTAN CO NTY ATTORNEY
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