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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_08/14/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 17-14 8/14/14 Consent Agenda: No Resolution #: Originating Department: Legal � �' • • • • C - • • -�• ORDINANCE 17-14, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 10. ANIMALS. ARTICLE II. DOGS AND CATS. BY CREATING AN ENTIRELY NEW SEC. 10-39. BREEDING AND SALE OF DOGS AND CATS. IN ORDER TO ADOPT NEW REGULATIONS REGARDING THE BREEDING AND SALE OF DOGS AND CATS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. � . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. . .. ._', i?`�, . � � � �� .• • • / •1� • . � � � . Department Head SUBMITTED BY LEGAL Finance Director or Representative Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: �_--- ------�.� Submit for Council Discussion: []' � Approve Item: ❑ Deny Item: � � � • - . . - .. -- - . -. .- - . .- .- . ..- . . -.. ... - . - - . - Form Amended: 3/14/14 ORDINANCE 17-14 AN ORDINANCE OF THE VII.LAGE COUNCIL OF THE VII�LAGE OF TEQUESTA, FLORIDA AMENDING THE VII.LAGE CODE OF ORDINANCES AT CHAPTER 10. AlvIMALS. ARTICLE II. DOGS AND CATS. BY CREATING AN ENTIRELY NEW SEC. 10-39. BREEDING AND SALE OF DOGS AND CATS. IN ORDER TO ADOPT NEW REGULATIONS REGARDING THE BREEDING AND SALE OF DOGS AND CATS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 10. ANIMALS. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, according to the Humane Society of the United Sta.tes, many dogs and cats in the United States have been housed and bred at substandard breeding facilities tha.t mass- produce animals for sale to the public, many of which aze subsequently sold in retail �t stores; and WHEREAS, cats and dogs that are so bred often suffer from congenital and hereditary health conditions and may arrive in retail pet stores with illnesses tha.t can be transmitted to healthy animals; a.nd WHEREAS, according to the Humane Society of the United Staxes, many of the consumer complaints they receive regazding the purchase of dogs and cats from retail pet stores originate in Florida; and WHEREAS, pursuant to Florida's Municipal Home Rule Powers Act, Chapter 166, FloYida Statutes, the Village of Tequesta my exercise any power for a municipal purpose unless otherwise expressly prohibited; aad WI�REAS, the Village of Tequesta is not prohibited by sta.te law from regulating the retail sale of dogs and cats in order to protect its residents and the community at large from the above stated conditions; and WHEREAS, the Village Council deems the prohibition of the retail sale of dogs and cats in the Village of Tequesta to be in the best interest of the health, safety, and welfare of the residents and citizens of the Village of Tequesta, and the public at large, that such prohibition constitutes a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE VII..LAGE COUNCII. OF THE VII.LAGE OF TEQUESTA, FLORIDA THAT: Page 1 of 2 SECTION 1. The foregoing recitals are true and correct, and are hereby affirmed and ra.tified. SECTION 2. Cha.pter 10. Animals, of the Code of Ordinances of the Village of Tequesta., Florida. is hereby a.mended at Article II. Dogs and Cats, by creating an entirely new Section 10-39. Breeding and sale or dogs and cats, adopting new regulations regarding the breeding and sale of dogs and ca.ts; providing that Sec. 10-39 shall hereafter read as follows: ec. 10-39. Breedin� and sale of do�s and cats e breedin� of dogs or cats for commercial nuraoses. or with the intent to ha,ve suc bred do�s or cats sold. traded. delivered or transferred to another, is nrolubited within_ the illa�e's munici�al boundaries. The disnlav. sale, h�ade. deliverv. transfer. or the offer for sa1e. trade. deliverv or transfer. of does or cats is nrohibited withi.n the villa.ge's municinal boundaries. Secs.10-�14Q —10-60. Reserved. SECTION 3. Each and every other section aad subsection of Chapter 10. Animals, of the Code of Ordina.nces of the Village of Tequesta shall remain in full force and effect as previously adopted. SECTION 4. All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SECeI'ION 5. Should any section or provision of this Ordinance or any �rtion thereo� any paragraph, sentence, or word be declazed by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. SECTION 6. Specific authority is hereby given to codify this Ordinance. SECTION 7. This Ordinance sha11 become effective immediately upon adoption. Page 2 of 2