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ORDINANCE NO. 4088
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
ESTABLISHING A NO FEEDING ZONE ON THE SHORES OF MARINA
ISLE AND VETERAN'S MEMORIAL PARK ON LAKE MONROE WITHIN
THE CITY LIMITS; PROVIDING FOR A DEFINTION OF THE TERM
"BIRD" AND OTHER FEATHERED VERTEBRATES OF THE CLASS
AVES; PROVIDING FOR PROHIBITED FEEDING ZONES; PROVIDING
FOR UNLAWFUL ACTS; PROVIDING INTRODUCTORY EDUCATION
PERIOD; PROVIDING FOR DESIGNATION OF FEEDING ZONES AND
SIGNAGE WHEN WARRANTED; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has been determined by the City Commission of the City of Sanford
that a necessity exists to enact an Ordinance protecting the health, safety, and welfare
of the public and citizens and inhabitants of the City of Sanford by establishing a no
feeding zone on the entire compound area of Marina Isle and Veteran's Memorial Park
on Lake Monroe within the City limits of the City of Sanford and a perimeter area of
100'; and
WHEREAS, the prohibition will protect the welfare of birds, ducks, gulls and
pigeons, their living and nesting patterns, avoid nutrition problems and halt the spread
of diseases; and
WHEREAS, development activities in place and those contemplated for
implementation within the boundaries of Marina Isle and Veteran's Memorial Park are
not compatible with the continued feeding practices of the public; and
WHEREAS, Marina Isle and Veteran's Memorial Park have experienced an
increase in pedestrian and vehicular traffic with the construction of streets, access
ways, sidewalks, walkways, and gang ways leading to the boats, landings, docks,
parking areas, and various commercial establishments on Marina Isle; and
WHEREAS, the Marina Isle is currently improved with boat basins, boat ramps,
dry and wet boat storage facilities, beach/picnic areas, scenic walkways, pavilions, a
motel, and three restaurants; and
WHEREAS, the Northshore Project will generate an increased and constant flow
of pedestrians, family participation activities, children, and pets as all development and
use associated activities increase with the new major development; and
WHEREAS, the concentration of people as contemplated and those activities
which are in place and those contemplated are not compatible with continued feeding
activities but are separated as an element of good planning and protection of the health
safety and welfare of the citizens and visitors to the City and Marina Isle and Veteran's
Memorial Park; and
WHEREAS, the Commission finds that alternate feeding areas are available for
feeding activities commencing at the pond area east of the Civic Center and North of
the Museum at Lake Carola; and
WHEREAS, the City Commission of the City of Sanford may act in accordance
with the provisions of Article VIII, Section 2(b) of the Constitution of the State of Florida,
which provides, in pertinent part, that "[m]unicipalities shall have governmental,
corporate and proprietary powers to enable them to conduct municipal government,
perform municipal functions and render municipal services, and may exercise any
power for municipal purposes except as otherwise provided by law"; and
WHEREAS, the City Commission of the City of Sanford may act in accordance
with the provisions of Section 166.021 (1), Florida Statutes, which provides, in pertinent
part, that "[a]s provided in S, 2(b), Article VIII of the State Constitution, municipalities
shall have the governmental, corporate, and proprietary powers to enable them to
conduct municipal government, perform municipal functions, and render municipal
services, and may exercise any power for municipal purposes, except when expressly
prohibited by law"; and
WHEREAS, the City Commission of the City of Sanford may act in accordance
with the provisions of Section 166,021 (3), Florida Statutes, which provides, in pertinent
part, that "[t]he Legislature recognizes that pursuant to the grant of power set forth in S.
2(b), Art, VIII of the State Constitution, the legislative body of each municipality has the
power to enact legislation concerning any subject matter upon which the state
legislature may act" except for certain very limited matters; and
WHEREAS, the City Commission of the City of Sanford finds and concludes that
the City is not prohibited from acting on the subject matter of this Ordinance, that the
Legislature of the State of Florida may act upon the subject matter of this Ordinance
and that the provisions of this Ordinance are not preempted by and are consistent with
State law; and
WHEREAS, the City of Sanford has complied with all requirements and
procedures of Florida law in processing, noticing and advertising this Ordinance.
NOW, THEREFORE, BE IT ENACTED BY THE CITIZENS OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The findings set forth in
the recitals (whereas clauses) to this Ordinance are hereby adopted as legislative
findings by the City Commission of the City of Sanford.
Ordinance No. 4088
Page 2 of 5
SECTION 2. ESTABLISHMENT OF A NO FEEDING ZONE WITHIN THE
MARINA ISLE AND VETERAN'S MEMORIAL PARK AREA ON LAKE MONROE
WITHIN THE CITY LIMITS: WHEREIN FEEDING AND CAUSING A CONGESTION OF
"BIRDS" AS DEFINED IS PROHIBITED.
(a) AREA MAPPING. There is hereby established a perimeter area of 100'
from the shores of Marina Isle and Veteran's Memorial Park and the entire Marina Isle
and Veteran's Memorial Park compound as no feeding zones as depicted on the map
on file in the office of the City Clerk of the City of Sanford, (see Exhibit "A"); that said
map is incorporated herein and made a part of this Ordinance by this reference.
(b) DEFINITIONS. As used in this Ordinance, the following terms shall have
the meanings as indicated:
"Bird" shall mean any of various warm-blooded, egg laying, feathered
vertebrates of the class Aves having forelimbs modified to form wings, hard bill covering
the jaw and a four chambered heart.
"Duck" shall include all domestic and migratory ducks including any and all
mixtures of the same,
"Feeding" shall mean the act of feeding or the furnishing of food or other
substances to any form of bird, duck, waterfowl, gull or pigeon,
"Pigeon" shall mean any of the various birds of the widely distributed
family Columbidae, characteristically having plump bodies, small heads and short legs,
of the rock dove or any of its domesticated varieties.
"Prevention" herein shall mean to prevent accumulation of droppings that
result in damage to flora, fauna, and property, harm water quality, increase the potential
to spread disease or create a nuisance.
(c) VIOLATION. It shall be unlawful for any person to:
(1) Feed any bird, duck, gull, or pigeon within the area described in
Exhibit A attached hereto,
(2) Create any condition which results in a congregation of birds,
ducks, gulls, or pigeons within the area described in Exhibit A
attached hereto, and
(i) results in an accumulation of bird, duck, gull, and/or pigeon
feces or droppings;
(ii) results in damage to flora, fauna, or public property or safety
or welfare;
Ordinance No, 4088
Page 3 of 5
(iii) results in a threat or nuisance to the public health, safety, or
welfare of the property and/or health of the citizens of the
City of Sanford;
(iv) results in a threat to the health, safety, or welfare of said
birds, ducks, gulls, or pigeons within the area described in
Exhibit A attached hereto,
(d) INTRODUCTORY EDUCATION PERIOD. For the first three months after
the effective date of this Ordinance, a violator shall receive a courtesy notice of the
violation. Commencing three months after the effective date of this Ordinance, all
violations are subject to enforcement as provided herein.
SECTION 3. DESIGNATION OF FEEDING ZONES: SIGNAGE. There is
hereby established an alternate lawful feeding zone commencing at the pond area East
of the Civic Center and North of the Museum in the area known as Lake Carola within
Fort Mellon Park,
The zone may be designated as a "Feeding Zone" upon authorization of the City
Manager, or designee, or the Director of the Public Works Department, or designee,
Signs shall be erected to designate the specific area within which lawful feeding
activities may be conducted.
SECTION 4. ENFORCEMENT. This Ordinance shall be enforced by the Police
Department of the City of Sanford upon authorization from the City Manager, or
designee.
SECTION 5. PENAL TIES. The City may pursue any enforcement action or
legal remedy available under controlling State law and any legal remedy available to the
City, as a non-criminal infraction, to include, but not be limited to, a fine not exceeding
fifty dollars ($50.00) or by imprisonment for a term not exceeding five (5) days, or by
both such fine and imprisonment.
SECTION 6. CONFLICTS. All ordinances or part of ordinances in conflict with
this Ordinance are hereby repealed
SECTION 7. SEVERABILITY. If any section, sentence, phrase, word, or portion
of this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
SECTION 8. CODIFICATION. The provisions of this Ordinance shall be codified
as and become and be made a part of the City of Sanford Code. The Sections of this
Ordinance No. 4088
Page 4 of 5
Ordinance may be renumbered or relettered to accomplish such intention and the word
"Ordinance", or similar words, may be changed to "Section," "Article", or other
appropriate word; provided, however, that Sections 4, 7, 8 and 9 shall not be codified.
The Code codifier is granted liberal authority to codify the provisions of this Ordinance.
SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED and ADOPTED this 28th day of January, 2008.
ATTEST:
CITY COMMISSION OF THE CITY OF
SANFORD, FLORIDA
~~MaYor~~
~/l1t.fff(. ,{(k~
anet R. Doug~rty, C. Clerk
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 4088 PASSED AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the 28th day of
January, 2008, was posted at the front door of the City Hall in the City of Sanford,
Florida, on the 30th day of January, 2008.
9f!:t1f:t.;( . ~Wc( ~di~
..' anet R. Dougherty, as e City lerk of
the City of Sanford, Florida
Ordinance No. 4088
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