Item Q03 *3:00 P.M.Public Hearing
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2013 -MAR Department: 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 was 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 has a meeting
scheduled to address issues and concerns raised in the proposed ordinance. Staff needs additional time
to meet and request for the public hearing to be continued to the 3:00 P.M. Public hearing on October
16`h, 2013. (For ease of reference; Deletions are stde1Een thr-e additions are underlined and changes
made after August 21, 2013 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
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Continue the Public Hearing from 3:00 P.M. on September 17, 2013 in Marathon to 3:00 P.M. on
October 16, 2013 in Key West.
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 Attol- OMB/Purchasing g Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
B -ARD OF COUNTY COMMISSIONERS
Mayor George Neugent,District 2
all Mayor Pro Tern,Heather Carruthers,District 3
O U N TY fo �MONROE Danny L. Kolhage,District 1
KEY WESTLORIDA 33040 David Rice,District 4
(305)294-4641 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 Count Attorney Y
Through: Bob Shillinger, County Attorney
Date: 8/30/2013
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 restictions.
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
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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 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"1.
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. If the
Board wishes to allow a small horse such as a pony or miniature horse on a smaller portion of land then the
ordinance could be amended to include the following language: "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 half 1/22 acre or more of
contiguous upland." Also as directed by the Board, the ordinance now includes language which states that
contiguous land is defined as "highland that a horse can walk or graze upon.3
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 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; 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
1 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.
2 This is the proposed amount of land,which can be modified by the Board as they find appropriate.This will also be
addressed with the interested parties that previously spoke at the August 21,2012 meeting.
3 This is the proposed language,which has yet to be reviewed and finalized by the planning department staff.
4 This language was amended to address one of the concerns raised by public speaker, which was that some incidental
commercial use should be allowed. It previously read that"Under no circumstance shall the horse(s)be related with an on-
site commercial purpose,..."
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• 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 whole acre of upland.
The revised proposed ordinance has yet to be reviewed with the interested parties that spoke at the August 21,
2013 meeting. A final draft will be sent to the animal control contractors for review. The original version was
sent to the animal control contracts and the Humane Animal Care Coalition (HACC) submitted comments, but
no comments were received from the other animal control contractors as of the date of this Memo.
(For ease of reference; Deletions are stfieken thfo additions are underlined and changes made after
August 21, 2013 meeting are highlighted.)
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ORDINANCE -2013
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
4-76 OF THE MONROE COUNTY CODE; PROVIDING
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
will continue to work with the interested parities to ensure that all concerns 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 sueh as eews, geats, she ,
barnyard animals such as chickens, ducks, rabbits or geese, shall be kept either penned or
loose in any zexe area unless where net otherwise permitted i* b the county. Animals
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considered wild shall not be kept in any residential area zene in the county. Horses kept
for police pumoses are exempt from the minimum land requirements of this section
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 (zoniniz) 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 Count 's animal control officers will otherwise be responsible for
enforcement relating to animal care.
(2) Keeping f a horse for personal use. For purposes of this section a horse is
defined as a hoofed mammal categorized within the Species equus ferus caballus For
purposes of this section contiguous land means highland that a horse can walk or graze
upon
(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 12 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
horse(s) be kept for a primary 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) There 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
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.
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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
APPROVED AS TO FORM:
CHRIS INE M. LIMBERT-BARROWS
ASSISTA 'T COUNTY ATTORNEY
Date ,,, .. �--
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