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Home My WebLink AboutCity of Tamarac Ordinance O-2017-007Temp. Ord. # 2361 May 22, 2017 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2017-� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA REPEALING ORDINANCE NO. 0-85-40, ADOPTED ON SEPTEMBER 11, 1985, IN ITS ENTIRETY; REPEALING ARTICLE II, CHAPTER 4 OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED "PIT BULL DOGS", SPECIFICALLY REPEALING SECTIONS 4-26 THROUGH 4-33 IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 11, 1985, the City Commission of the City of Tamarac, Florida (the "City") adopted Ordinance No. 0-85-40, which provided for a number of restrictions and requirements on owners of American Staffordshire Terriers, otherwise known as Pit Bulls; and, WHEREAS, since the adoption Ordinance No. 0-85-40, the Florida Legislature adopted Section 767.14, Florida Statutes which prohibits breed specific regulations, but provided for any ordinance adopted prior to October 1, 1990; and, WHEREAS, since the City's Ordinance was codified before Section 767.14, Florida Statutes was enacted, the City was entitled to retain its breed specific regulations; and, WHEREAS, the existing Ordinance requires pit bull owners within the City to muzzle pit bull, secure the animal within the subject property, register the pit bull with the City, and maintain an insurance policy on the pit bull in the amount of one million ($1,000,000) dollars; and WHEREAS, the City now finds the costs of enforcement of the City's Code as it relates to pit bulls substantially outweighs the effectiveness of the codified regulations; and, {0018074&22704-0501640ICODING: Words in type are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2361 May 22, 2017 Page 2 WHEREAS, the City understands that once the subject code sections are repealed, the City will no longer be able to adopt breed specific regulations unless Section 767.14, Florida Statutes is amended to allow such regulations; and, WHEREAS, the City Commission finds that repealing Ordinance No. 0-85-40, codified as Sections 4-26 through 4-33 of Chapter 4, Article II of the Code is in the best interests of the citizens and residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof; all exhibits attached hereto are incorporated herein are made a specific part of this Ordinance. SECTION 2. That Ordinance 0-85-40, Chapter 4, Article II, Sections 4-26 through 4-33 is hereby repealed in its entirety and the City Code shall read as follows: Sec. 4-26. - Definition and desrriptionr-RESERVED .. .. - J00180748.22704-0501640}CODING: Words in st^'- vug-h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2361 May 22, 2017 Page 3 RM - ------ M-1 11100-1 Heavy, - - NE) loeseRess Of 6kiR. „_ ShouldersG. - - d. -aGk ,,, Fmaidy sheFt. Slight 619piRg fFGFn witheFs te rump with ge. - - -. - -All Fibs Glese togethe..- set Father- apaFt 1 1 .. . est clevelopmeRt. Ch- - - - - - - - - - Me - LE AMMAZA .. pr IN ._ {00180748.22704-0501640}CODING: Words in 6tFike thFau # type are deletions from existing law, Words in underlined type are additions. Temp. Ord. # 2361 May 22, 2017 Page 4 �- - - - .- -- ■. _ _ _Mr.7Y - - - - - - - ` '-egnu (00180748.2 2704-0501640 )CODING- Words in strike through type are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2361 May 22, 2017 Page 5 NON -- - - - - Sec. 4-27. - Keeping general! . RESERVED Sec. 4-28. - Confinement; muzzling -.RESERVED M "M r.72 V-7. al _ Sec. 4-29. - RegiiStFati RESERVED „ram_ ..... Sec. 4-29. - RegiiStFati RESERVED „ram_ ..... WN - - -- - - i ;IFMN 1L_ — {0018074622704-0501640)CODING: Words in stFike 4hreuo type are deletions from existing law; Words in underlined type are additions. Temp. • • # 2361 May 22, 2017 Page • (Code 1975, § 4-13) Sec. 4-30. - Reg;rstFatiefl-#ee. RESERVED -- • •• - - - Sec. 4-31. , s;FanGe re^..:As RESERVED Sec. 4-32. - Vim. RESERVED Sec. 4-33. - judiGial eRfGFGeFnent RESERVED MOW SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of (0018074822704-0501640)CODING: Words in stFi4 thoug-h type are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2361 May 22, 2017 Page 7 such conflict. SECTION 4. Severability. Should any section, provision, paragraph, sentence, clause or word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 5. Effective Date. This Ordinance shall become effective upon adoption. PASSED, FIRST READING this 9 day of 4z'Y'' 2017. PASSED, SECOND READING this day of 2017. BY: - 1A) ATTEST: MAY6Rv HORY DRESSLER PATRICIA TELIFEL, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: SA EL S. GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: 1ST Reading MAYOR DRESSLER -L— DIST 1: COMM BOLTON np DIST 2: COMM GOMEZ Z41-1, DIST 3. COMM FISHMAN DIST 4: V/M PLACKO RECORD OF COMMISSION VOTE: 2ND Reading MAYOR DRESSLER ✓��'' DIST 1: COMM BOLTON DIST 2: COMM GOMEZ DIST 3: COMM FISHMAN DIST 4: V/M PLACKO {001 80748.2 2704-0501640 )CODING- Words in strike thFew h type are deletions from existing law; Words in underlined type are additions.