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0465 Livestock RegulationsORDINANCE NO. 465 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING CHAPTER 4, SECTION 4-4 SUB- PARAGRAPH (a) TO DELETE BOAR AND INSERT SWINE AS AN ANIMAL • FROM RUNNING AT LARGE ON THE PUBLIC THOROUGHFARES OF THE CITY; TO PROVIDE DANGEROUS, VICIOUS, OR MISCHIEVOUS ANIMALS OF ANY SPECIES ARE PROHIBITED FROM RUNNING AT LARGE; AMENDING SECTION 4-4 SUB-PARAGRAPH (b) TO PROVIDE FOR IMPOUNDMENT BY THE POLICE OR HUMANE OFFICER; AMENDING SECTION 4-4 SUB-PARAGRAPH (d) TO PROVIDE ANIMALS UNDER THIS CHAPTER SHALL BE IMPOUNDED AT THE HUMANE SOCIETY OR OTHER APPROVED IMPOUNDING AREA AND SOLD AT PUBLIC SALE EITHER AT THE HUMANE SOCIETY OR SAID APPROVED IM- POUNDING AREA; CREATING SECTION 4-9 PROVIDING THAT OWNERS WHO KEEP ANIMALS OF SPECIES INDICATED IN SECTION 4-4 SUB-PARAGRAPH (a) SHALL BE GUILTY OF A PUBLIC NUISANCE IF SAID ANIMALS CAUSE NOXIOUS ODORS OR OTHER UNSANITARY CONDITIONS IN THE'NEIGHBORHOOD WHERE THEY ARE KEPT OR PENNED; AMENDING ARTICLE II, SECTION 4-21 TO PROVIDE COMPLAINTS MAY BE FILED WITH THE HUMANE OFFICER AND CODE ENFORCEMENT OFFICER AS WELL AS POLICE OFFICERS FOR VIOLATIONS OF THIS ARTICLE; AMENDING SECTION 4-23 TO PROVIDE DOG AND CAT LICENSES SHALL BE ISSUED BY THE CITY CLERK OR THE CITY'S AUTHOR- IZED AGENT AS DESIGNATED BY THE CITY COUNCIL; AMENDING SECTION 4-31 PROVIDING AN ADDITION TO SECTION 4-31 REQUIRING A WARNING TO THE OWNER OF A DOG ROAMING THE STREETS AND FOUND ON THE OWNER'S PROPERTY (FIRST OFFENSE); PROVIDING IN THE INSTANCE OF A SECOND OFFENSE OR COMPLAINT FOR THE ARREST CITATION OF THE OWNER; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA AS FOLLOWS: SECTION I; Section 4-4 sub-paragraph (a) is hereby amended to read as follows: CHAPTER 4 ARTICLE I IN GENERAL Sec. 4-4. Livestock, vicious or mischievous animals at large. (a) Prohibited. It shall be unlawful for any animal of the equine species, cow, calf, bull, beap swine, goat, or any dangerous, vicious, or mischievous animal of any species, to be allowed or permitted to run in or on any of the public thoroughfares, squares, or enclosed land, or other public property of the city. (b) Impoundment. It shall be the duty of the police or Humane Officer, on information or view, to cause the same to be impounded; nor shall such animal be restored to the owner until such owner shall pay as hereafter provided for each and every such animal, plus the cost of impounding. Before impounding any such animal whose owner is known to the police, the police or Humane Officer shall notify such owner to keep such animal confined, and if thereafter such animal is found upon the thoroughfares, squares, enclosed land or property of aforesaid at large, the same shall be impounded without notice, as provided above. • (c) Impounding fees and charges. The fees for impounding under this section shall be as follows: Twenty Five Dollars ($25.00), plus the actual expense necessary for feeding and caring for such animals; provided, that the fees and expenses shall in no case exceed the value of the animal impounded. (d) Notice of impounding; disposition if not claimed. After impounding, the • police or Humane Officer shall give notice to the owner or owners, if known, and if such owner or owners do not redeem the animal or animals within twenty-four (24) hours from the time such notice is given by paying the fees and expenses as herein provided, the police or Humane Officer shall proceed to advertise for sale such animal or animals impounded by posting notice of such sale at the City Hall, or by publishing in a newspaper in the city, such sale to occur at the expiration of ten (10) days from the date of posting or publication. In the event the owner or owners are unknown, such notice shall be given upon impounding. The animal or animals shall be sold at public sale to the highest cash bidder, before the door of the City Hall, or such other suitable place as may be provided by direction of the police department or Humane Officer, the proceeds of the sale to be applied first to the payment of the fees and expenses of impounding, keeping and sale. The balance, if any, shall be paid to the owner or owners if known. If no owner applies within thirty (30) days after such sale, the balance shall be placed in the general fund. The owner or owners may at any time before the sale redeem such animal or animals by the payment of all the fees and expenses incurred to the date of redemption. SECTION II: There is hereby created a new sction 4-9 which shall read as follows: Sec. 4-9. Animals causing odor or unsanitary conditions. The owner or owners of any of the animals or livestock named herein who shall allow the area in which the animal or animals are kept to become unsanitary or to give off unpleasant odors resulting in com- plaints from citizens in the neighborhood shall be guilty of a public nuisance and the owner or owners of said animal or animals may then be cited and brought before the Code Enforcement Board to determine their guilt or innocence in creating a public nuisance. If found guilty, the owner may be fined or have said animal or animals removed and impounded or both as provided by law. SECTION III. Chapter 4, Article II. Section 4-21 is hereby amended to read as follows: CHAPTER 4 • ARTICLE II Sec. 4-21. Complaints of violations. Any person who shall suffer damage to his person or property by reason of a violation of a provision of this article shall commence procedings against the owner or owners, keeper or keepers of the dog • or dogs, or cat or cats causing such damage by appearing before the Chief of Police or a police officer, or the Humane Officer or the Code Enforcement Officer, and making a sworn complaint against such owner or owners, keeper or keepers of the dog or dogs, or cat or cats responsible. SECTION IV, Chapter 4, Article II, Section 4-23 is hereby amended to read as follows: CHAPTER 4 ARTICLE II Sec. 4-23. License required, fees; application; term. All dogs or cats kept harbored or maintained in the City must be licensed and registered if over six (6) months of age. Dog and cat licenses shall be issued by the Office of the City Clerk or the city's authorized agent such as the Humane Society which may be designated by the City Council upon payment of a license tax of Three Dollars and Fifty Cents ($3.50) per year for each dog or cat eweer. The owner shall state at the time the application is made for such licenses his name and address, telephone number, if any, and the name, breed, color and sex of each dog or cat owned or kept by him. Although required to be licensed as provided herein, the owners of any seeing eye dogs to assist blind persons shall be exempt from paying any license fee. Dog and cat licenses shall be issued for a period of one (1) year and shall run from the first day of October in each calendar year to the thirtieth day of September next following. SECTION V. Chapter 4, Article II, Section 4-31 is hereby amended to read as follows: CHAPTER 4 ARTICLE II Sec. 4-31. Running at large prohibited; impoundment required. No person shall allow his dog or cat to run at large within the city. Except as otherwise provided herein, any dog or cat found running at large is in violation of this article and shall be impounded. When a complaint is filed pertaining to a dog roaming, wandering or running at large in, on or about any public street, roadway or place in the • city or in, on or about the private property of any person or persons other than that of the person who owns, harbors, keeps, or maintains said dog, and when the complaint is answered said dog is at that time back on the owner's property, the Humane Officer, Code Enforcement Officer or police officer shall issue a warning to the owner of said dog. In the event a second complaint is received regarding a dog owned • by the same person, then said complaint shall be referred to the Code Enforcement Officer who shall cause said individual to be cited and brought before the Code Enforcement Board for violating the ordinance. Provided, however, that the complaining party shall have filed an appropriate complaint with the police department, the Humane Officer or the Code Enforcement Officer. SECTION VI. This ordinance shall take effect upon adoption. Introduced a+i~ on first reading this 22nd day of June , 1982. Mayor ATTEST: City Clerk Following public hearing this ordinance was passed on second and final reading this 13th day of July , 1982. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City ttorney