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HomeMy WebLinkAbout4088 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 D~,..o " f"IIf "