4500 Regulating animals & fowl under Sem Co CodeOrdinance No. 2019-4500
An ordinance of the City of Sanford, Florida effectuating the general
regulation of animals and fowl under the provisions of the Seminole
County Code; repealing all provisions of Chapter 14 of Article II of
the Code of Ordinances of the City of Sanford except for Section 14-
1, Section 14-3, Section 14-4, Section 14-7 and Section 14-39;
providing for legislative findings and intent; providing for
implementing administrative actions; providing for conflicts,
providing for a savings provision and the effect of the ordinance;
providing for severability; providing for codification as well as the
correction of scrivener's errors; and providing for an effective date.
Whereas, on September 25, 2018, the Board of County Commissioners of
Seminole County enacted Ordinance Number 2018-30 which substantially amended
Chapter 20 of the Seminole County Code relating to animals and fowl; and
Whereas, Section 7 of County Ordinance Number 2018-30 related to
applicability to municipalities and stated that the provisions of the Part of the Seminole
County Code relating to the regulation of animals and fowl " ...are to be applied and
enforced within all unincorporated areas of Seminole County as well as within all
incorporated areas of Seminole County to the extent that there are no conflicting
municipal regulations. In the event a municipal regulation conflicts with this Part, then
the municipal regulation will prevail within the jurisdiction of that municipality"; and
Whereas, the City Commission of the City of Sanford desires to revise its
codes and ordinances to ensure that there are no, or selective minimal, conflicting City
regulations with regard to animal and fowl regulation as set forth in the Seminole County
Code; and
Whereas, this Ordinance is enacted pursuant to the home rule powers of the
City of Sanford as. set forth at Article VIII, Section 2, of the Constitution of the State of
Florida; Chapter 166, Florida Statutes, and other applicable controlling law; and is
consistent with the provisions of Section 1.4 of the Seminole County Home Rule Charter
pertaining to that document's relation to municipal ordinances, which provides that
"[e]xcept as otherwise provided by this Charter, municipal ordinances shall prevail over
County ordinances to the extent of any conflict."; and
Whereas, the City Commission of the City of Sanford has deemed approval of
this Ordinance to be in the best interest of the residents and citizens of the City of
Sanford and to further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied with all
procedural and substantive requirements of controlling law in enacting this Ordinance.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent. The City Commission of
the City of Sanford hereby adopts and incorporates into this Ordinance the recitals
(whereas clauses) set forth herein as the legislative and administrative findings and
intent of the City Commission which, together with the agenda materials, memorandum
and staff reports, to the extent that they exist, shall be maintained consistent with the
maintenance schedule for ordinances, as public records of the City.
Section 2. Repealers/Amendment.
All provisions of Chapter 14 of Article II of the Code of Ordinances of the City of
Sanford is hereby repealed except for the following provisions:
(a). Section 14-1 relating to the keeping of horses, mules, cows or other
grazing animals.
(b). Section 14-3 relating to the keeping hogs or pigs.
(c). Section 14-4 relating to the keeping of fowl near dwellings.
2 a l e
(d). Section 14-7 pertaining to dog friendly public food service establishments.
(e). Section 14-39 pertaining to the number of dogs or cats permitted.
(f). Uncodified ordinance Number 2018-4470 relating to the retail sale of dogs
and cats in public places.
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to implement
the provisions of this Ordinance and to take any and all necessary administrative
actions to bring into effect the provisions of this Ordinance.
Section 4. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby repealed
which action does not create a material conflict the City's and the County's regulatory
provisions. City codes and ordinances relating to noise, service animals, animal friendly
restaurants, solid waste, sewer systems, wellfield protection, the use of parks, the retail
sale of dogs and cats in public places, the regulation of land uses under the City's Land
Development Regulations/Land Development Code and circuses and amusements
whether part of a special event or not are not impacted by the provisions of this
Ordinance.
Section 5. Savings; Effect Of Ordinance.
The prior actions of the City of Sanford in terms of the matters relating to animal
control activities, as well as any and all actions and activities of the City pertaining
thereto or of an associated nature, are hereby ratified and affirmed. This Ordinance
shall be enforced in such as manner as that all illegal activities, as set forth in the
Florida Statutes, shall be aggressively enforces with the City Limits.
Section 6. Codification; Scrivener's Errors.
(a). Section 2 of this Ordinance shall be codified and all other sections shall
not be codified.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City Attorney,
may be corrected with the endorsement of the City Manager, or designee, without the
need for a public hearing.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 8t" day of April, 2019.
Attest: City Commission
Sanford, Florida,
Florida.
did 6-4-t Moo 1 6 H( P R
Traci Houchin, CMC, FCRM, Citi _ Trip
'1
PSS'. I
of the City of
eminole County,
Approved as to form and
Legality:
,ATAM iti'm L. Colbert, E-sqL&d
City Attorney
51 Page
INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY
AND
THE CITIES OF ALTAMONTE SPRINGS, CASSELBERRY, LAKE MARY,
LONGWOOD, OVIEDO, SANFORD, AND WINTER SPRINGS
FOR ANIMAL CONTROL SERVICES
THIS INTERLOCAL AGREEMENT is made and entered into by and between
SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose
address is Seminole County Services Building, 1101 E. 1st Street, Sanford, Florida 32771, in this
Agreement referred to as "COUNTY", and the following Florida municipal corporations: the
CITY OF ALTAMONTE SPRINGS, whose address is 225 Newburyport Avenue, Altamonte
Springs, Florida 32701; the CITY OF CASSELBERRY, whose address is 95 Triplet Lake Drive,
Casselberry, Florida 32707; the CITY OF LAKE MARY, whose address is 100 N. Country Club
Road, Lake Mary, Florida 32746; the CITY OF LONGWOOD, whose address is 175 W. Warren
Avenue, Longwood, Florida 32750, the CITY OF OVIEDO, whose address is 400 Alexandria
Boulevard, Oviedo, Florida 32765, the CITY OF SANFORD, whose address is 300 N. Park
Avenue, Sanford, Florida 32771; and the CITY OF WINTER SPRINGS, whose address is 1126
E. State Road 434, Winter Springs, Florida 32708, in this Agreement referred to as "CITY" or
"CITIES"
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes (2018), authorizes local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other localities
on a basis of mutual advantage and thereby to provide services and facilities in a manner, and
pursuant to forms of governmental organization, that will accord best with geographic, economic,
population, and other factors influencing the needs and development of local communities; and
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for Animal Control Services
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WHEREAS, Section 163.01(4), Florida Statutes, provides that public agencies of the State
of Florida may exercise jointly any power, privilege, or authority, which such agencies share in
common and which each might exercise separately; and
WHEREAS, COUNTY and CITIES are political subdivisions of Florida, which are
recognized as "public agencies" within the meaning of Section 163.01(3)(b), Florida Statutes
(2018); and
WHEREAS, the parties to this Agreement have the common power to regulate and control
animals within their respective geographic jurisdictions; and
WHEREAS, CITIES desire that Parts I and II of Chapter 20 of the Seminole County Code
(2018), which includes Sections 20.01-20.150 and is commonly referred to as the "Animal Control
Ordinance" be applicable within their geographic boundaries; and COUNTY is agreeable to
administering and enforcing these parts of Chapter 20, Seminole County Code, within the
geographic boundaries of the CITIES; and
WHEREAS, Section 1.4, Seminole County Home Rule Chatter, asserts that municipal
ordinances prevail over County ordinances to the extent of any conflict; and
WHEREAS, Section 163.01(5), Florida Statutes (2018), provides that a joint exercise of
power by such public agencies shall be made by contract in the form of an interlocal agreement,
NOW, THEREFORE, for and in consideration of the promises, mutual covenants and
agreements contained in this Agreement by and between the parties and for the mutual benefit of
COUNTY and CITIES, and their respective citizens, the parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and form a material part
of the agreement upon which the parties have relied.
Section 2. Purpose. The purpose of this Agreement is to provide for the applicability and
enforcement of animal control services as outlined in Parts I and II of Chapter 20, Seminole County
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for Animal Control Services
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Code, commonly referred to as the "Animal Control Ordinance" within the geographic boundaries
of CITIES.
Section 3. Definitions. The definitions listed in Section 20.01, Seminole County Code,
as they may be amended from time to time, apply to this agreement.
Section 4. COUNTY Responsibilities.
(a) Administrative Agent: COUNTY is designated as the party to administer this
Agreement by and through its departments and officers.
(b) Services provided: COUNTY shall provide services pursuant to this Agreement as
specified in the Animal Control Ordinance of the Seminole County Code, as it may be amended
from time to time.
(c) Services to be provided at no cost: COUNTY shall provide to CITIES the services
described above at no cost. CITIES hereby authorize COUNTY and its designated officers and
agents to enter into the geographical limits of the CITIES for the purpose of taking custody of
animals, impounding these animals in the facilities of COUNTY, and performing any and all other
acts set forth in the Animal Control Ordinance.
(d) Duties and levels of service: No officer or department of COUNTY may perform
for the CITIES any function not within the scope of the duties of such officer or department in
performing the same kind of services for COUNTY. Except as otherwise stated in this Agreement,
COUNTY shall provide a level of services to CITIES that is the same basic level of services that
COUNTY provides for COUNTY's County -wide responsibilities. Rendition of service, standards
of performance, discipline of officers and employees, and other matters incident to performance
of service and control of personnel will remain with COUNTY. In the event of a dispute between
parties as to the extent of the duties and functions to be rendered in this Agreement, or the level or
manner of performance of such service, the County Manager of COUNTY is granted the authority
Interlocal Agreement between Seminole County and Municipalities
for Animal Control Services
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to make the final and conclusive determination, except CITIES retain the exclusive right to
withdraw from or terminate this Agreement as provided in Section 21 prior to the initial date of
the dispute.
(e) Venue: Venue for enforcement of the COUNTY ordinance by COUNTY
employees shall be through the County Court, or in the Circuit Court of the Eighteenth Judicial
Circuit of Florida, in and for Seminole County, Florida or Animal Control Board and not the
CITIES' Code Enforcement Board or Special Magistrates.
Section 5. CITIES' Responsibilities.
(a) Cooperation: To facilitate performance under this Agreement, CITIES and their
officers, agents, and employees shall provide COUNTY their full cooperation and assistance.
(b) Municipal Ordinance Conflicts: In accordance with Section 20.02, Seminole
County Code, the governing bodies of CITIES shall repeal all municipal ordinances or portions of
them inconsistent with the Animal Control Ordinance. Alternatively, each respective CITY, and
not COUNTY, is responsible for enforcing any conflicting ordinance of that CITY within the
geographical boundaries of such CITY that maintains the conflicting ordinance. CITIES that adopt
inconsistent or conflicting provisions shall be responsible for enforcement.
Section 6. Liability. Each party to this Agreement, its officers, employees, and agents do
not assume and specifically disclaim any liability for the acts, omissions, or negligence of the other
party, its officers, employees, or agents, arising from or related to this Agreement except as
otherwise provided by this Agreement.
Section 7. Employee Status.
(a) COUNTY Employees: Persons employed by COUNTY in the performance of
services and functions pursuant to this Agreement are deemed not to be the employees or agents
of CITIES, nor do these employees have any claims to pensions, workers' compensation,
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unemployment compensation, civil service, or other employee rights or privileges granted to
CITIES' officers and employees either by operation of law or by CITIES.
(b) CITY Employees: Persons employed by CITIES in the performance of services
and functions pursuant to this Agreement are deemed not to be employees or agents of COUNTY,
nor do these employees have any claims to pensions, workers' compensation, unemployment
compensation, civil service, or other employee rights or privileges granted to COUNTY's officers
and employees either by operation of law or by COUNTY.
Section 8. Notice. Any notice delivered with respect to this Agreement must be in writing
and will be deemed to be delivered, whether or not actually received, when (i) hand -delivered to
the persons designated below, (ii) mailed by UPS or FedEx, (iii) by electronic mail with read
receipt requested, or (iv) when deposited in the United States Mail, postage prepaid, certified mail,
return -receipt requested, addressed to the person at the address for the party as set forth below, or
such other address or to such other person as the party may have specified by written notice to the
other party delivered according to this section:
As to COUNTY:
County Manager
Seminole County Government
1101 E. 1st Street
Sanford, Florida 32771
As to CITY OF ALTAMONTE:
City Manager
City of Altamonte Springs
225 Newburyport Avenue
Altamonte Springs, Florida 32701
AS TO CITY OF CASSELBERRY:
City Manager
City of Casselberry
95 Triplet Lake Drive
Casselberry, Florida 32707
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AS TO CITY OF LAKE MARY:
City Manager
City of Lake Mary
100 N. Country Club Road
Lake Mary, Florida 32746
City Manager
City of Longwood
175 W. Warren Avenue
Longwood, Florida 32750
City Manager
City of Oviedo
400 Alexandria Boulevard
Oviedo, Florida 32765
AS TO CITY OF SANFORD:
City Manager
City of Sanford
300 N. Park Avenue
Sanford, Florida 32771
AS TO CITY OF WINTER SPRINGS:
City Manager
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
Section 9. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida
govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and
venue for any legal action in connection with this Agreement will be in the courts of Seminole
County, Florida.
Section 10. Parties Bound. This Agreement is binding upon and inures to the benefit of
CITIES and COUNTY, and their successors and assigns.
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Section 11. Conflict of Interest.
(a) The parties shall not engage in any action that would create a conflict of interest in
the performance of its obligations pursuant to this Agreement with another party or parties, or that
would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida
Statutes (2018), as this statute may be amended from time to time, relating to ethics in government.
(b) Each party hereby certifies that none of its officers, agents, or employees have any
material interest, which is defined in Section 112.3 12(15), Florida Statutes (2018), as over 5%, as
this statute may be amended from time to time, either directly or indirectly, in the business of the
other parties to be conducted here, and that no such person will have any such interest at any time
during the term of this Agreement.
(c) Each party has the continuing duty to report to the other parties any information
that indicates a possible violation of this Section.
Section 12. Dispute Resolution. In place of the procedures in Chapter 164 of the Florida
Statutes, any party to this Agreement may notify the other party or parties, in writing, that it wishes
to commence formal dispute resolution with respect to any unresolved problem under this
Agreement. The parties agree to submit the dispute to a Florida Certified Circuit Court Civil
Mediator for mediation, within sixty (60) days following the date of this notice. In the event that
any dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court
of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which, as
provided in Section 9 above, is the sole venue for any such civil action. The parties further agree
that any such action will be tried to the Court, and the parties hereby waive the right to jury trial
as to such action.
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Section 13. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained in
this Agreement, which supersedes all oral agreements, negotiations, and previous agreements
between the parties relating to the subject matter of this Agreement.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by all parties, except as
otherwise specifically provided in this Agreement.
Section 14. Assignment. This Agreement may not be assigned by any party without the
prior written approval of the other parties.
Section 15. Severability. If any provision of this Agreement or the application of this
Agreement to any person or circumstance is held invalid, it is the intent of the parties that the
invalidity will not affect other provisions or applications of this Agreement that can be given effect
without the invalid provision or application, and to this end the provisions of this Agreement are
declared severable.
Section 16. Public Records Law.
(a) CITIES and COUNTY acknowledge each other's obligations under Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be
amended from time to time, to release public records to members of the public upon request.
CITIES and COUNTY further acknowledge that all parties are required to comply with Article 1,
Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be
amended from time to time, in the handling of the materials created under this Agreement and that
this statute controls over the terms of this Agreement.
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(b) Failure to comply with this Section will be deemed a material breach of this
Agreement, for which the non -breaching party may terminate this Agreement immediately upon
written notice to the breaching party.
Section 17. Counterparts. This Agreement may be executed in any number of
counterparts each of which, when executed and delivered, constitutes an original, but all
counterparts together constitute one and the same instrument.
Section 18. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and may
not be used to define, describe, interpret, or construe any provision of this Agreement.
Section 19. Effective Date. The Effective Date of this Agreement will be the date when
the last party has properly executed this Agreement as determined by the date set forth immediately
below the respective signatures of the parties.
Section 20. Term of Contract. This Agreement shall remain in effect from the Effective
Date until such time as the parties elect to terminate this Agreement in accordance with Section
21 of this Agreement. However, termination or withdrawal of a CITY will not affect the
effectiveness of this Agreement between COUNTY and the remaining CITIES.
Section 21. Termination or Withdrawal. A party may terminate or withdraw from this
Interlocal Agreement with ninety (90) days' written notice, pursuant to Section 8 above, to the
non -terminating party(ies). Upon a CITY's termination or withdrawal of this Agreement, the
terminating CITY shall be responsible for animal control services within its geographic
boundaries.
IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
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ATTEST:
GRANT MALOY
Clerk to the Board of
County Commissioners of
Seminole County, Florida.
For the use and reliance of
Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
Date:
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
BRENDA CAREY, Chairman
As authorized for execution by the Board of
County Commissioners at its ,
20, regular meeting.
MMH/lpk/org
1/25/19
T:\Users\Legal Secretary CSB\Animal Services\Interlocal Agreement with Municipalities for Animal Control Services Jan25(19).docx
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ATTEST:
I=
CITY OF ALTAMONTE SPRINGS
ANGIE APPERSON, City Clerk PAT BATES, Mayor
Date:
Approved as to form and
Legal sufficiency.
JAMES `SKIP' FOWLER
City Attorney
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ATTEST:
CITY OF CASSELBERRY
By:
DONNA G. GARDNER, City Clerk CHARLENE GLANCY, Mayor
Date:
Approved as to form and
Legal sufficiency.
CATHERINE D. REISCHMANN
City Attorney
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ATTEST:
CITY OF LAKE MARY
CAROL A. FOSTER, City Clerk DAVID J. MEALOR, Mayor
Date:
Approved as to form and
Legal sufficiency.
CATHERINE D. REISCHMANN
City Attorney
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ATTEST:
CITY OF LONGWOOD
MICHELLE LONGO, City Clerk BEN PARIS, Mayor
Date:
Approved as to form and
Legal Sufficiency.
DANIEL LANGLEY
City Attorney
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ATTEST:
CITY OF OVIEDO
By:
BARBARA BARBOUR, City Clerk DOMINIC PERSAMPIERE, Mayor
Date:
Approved as to form and
Legal sufficiency.
LONNIE N. GROOT
City Attorney
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ATTEST:
TRACI HOUCHIN, City Clerk
CITY OF SANFO
JD
By:
JEFF TRIP EV, Mayor
LAI . l
Approved as to form and
Legal sufficiency.
l.tly 1ALL01-11Cy
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ATTEST:
CITY OF WINTER SPRINGS
By:
ANDREA LORENZO-LUACES, City Clerk CHARLES LACEY, Mayor
Date:
Approved as to form and
Legal sufficiency.
ANTHONY GARGANESE
City Attorney
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CITY OF
NFR
WS _ RM
FLORIDA Item No.
CITY COMMISSION MEMORANDUM 19084
APRIL 8, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darrel Presley, Executive Director of Develop t Services
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM
SUBJECT: Repeal of Chapter 14 Code of Or ' ance and Interlocal Agreement with
Seminole County for Animal Control rvices
STRATEGIC PRIORITIES: `
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
The City Commission is requested to adopt Ordinance No. 4500 which relates to the repeal of
certain sections of Chapter 14, Animals, of the Code of Ordinances of the City of Sanford. The
proposed Interlocal Agreement with Seminole County for Animal Control Services is attached
for discussion and approval upon approval of the second reading of ordinance.
F'ISCALISTAFFING STATEMENT:
There will be no fiscal impact as to the implementation of Ordinance No. 4500.
BACKGROUND:
Seminole County has been responsible for Animal Control Servicers within the City of Sanford
under a previous Interlocal Agreement. Currently Seminole County handles all other
municipalities animal control services under various individual agreements. Seminole County
and the six Cities have negotiated a new joint Interlocal Agreement for Animal Control Services.
Under the agreement Seminole County will provide animal control services as specified in the
Animal Control Ordinance of the Seminole County Code.
Proposed Ordinance No. 4500 provides that all provisions of Chapter 14 of Article II of the Code
of Ordinances of the City of Sanford is hereby repealed except for the following provisions:
(a). Section 14-1 relating to the keeping of horses, mules, cows or other grazing animals.
(b). Section 14-3 relating to the keeping hogs or pigs.
(c). Section 14-4 relating to the keeping of fowl near dwellings.
(d). Section 14-7 pertaining to dog friendly public food service establishments.
(e). Section 14-39 pertaining to the number of dogs or cats permitted.
City staff believes that the repeal of sections under Chapter 14 and approval of the Interlocal
Agreement with Seminole County will provide the residents of the City of Sanford with
professional and consistence Animal Control Services with no additional cost.
LEGAL REVIEW:
The City Attorney has worked with City staff in the preparation of Ordinance No. 4500 and
related matters.
The City Commission approved the first reading of Ordinance No. 4500 on March 25, 2019.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on March 31,
2019.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4500.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4500."
Attachment: Ordinance No. 4500