Submitted By: Tye Chighizola
presenter
Presentation By: Tye Chighizola
end
Department: Growth Management
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2023-57 adding Chapter 14 (Animal Control) to the Code of Ordinances by adopting Chapter 4 of the Marion County Code as the applicable animal control and enforcement code provisions (Case No. COD23-45297)
end
OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place, Operational Excellence
PROOF OF PUBLICATION:
Ocala Star Banner - August 18, 2023 - LSAR00169060
body
BACKGROUND: In 2010, the City of Ocala entered an interlocal agreement with Marion County for the transfer of animal control services to Marion County. At that time, the City also deleted the code provisions in Chapter 14 of the City’s Code of Ordinances and adopted by the reference Marion County’s requirements in Ordinance 2010-27.
On April 18, 2023, the City and Marion County adopted a new ten-year interlocal agreement that stipulates animal control services provided by Marion County within the limits of the City of Ocala should be the same services that the County provides elsewhere in their service area. The proposed ordinance will add back Chapter 14 (Animal Control) to the City’s Code adopting Chapter 4 of the Marion County Code as the applicable animal control and enforcement code provisions.
FINDINGS AND CONCLUSIONS: The proposed ordinance addresses procedural requirements necessary to adopt Marion County’s animal control provisions. Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW: The ordinance has been reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2023-57
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, AMENDING THE CODE OF ORDINANCES, CITY OF OCALA, FLORIDA, TO CREATE A CHAPTER 14, ENTITLED “ANIMAL CONTROL,” WHICH SHALL ADOPT BY REFERENCE ALL PROVISIONS OF THE MARION COUNTY ANIMAL CONTROL ORDINANCE, AS CODIFIED AT CHAPTER 4, MARION COUNTY CODE, AND AS IT MAY FROM TIME-TO-TIME BE AMENDED BY THE BOARD OF COUNTY COMMISSIONERS OF MARION COUNTY, FLORIDA; PROVIDING DIRECTION TO STAFF; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; PROVIDING DIRECTION TO THE CODIFIER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about February 2, 2010, the City of Ocala, Florida, adopted Ordinance 2010-27 which repealed Chapter 14 of the Code of Ordinances, City of Ocala, Florida, and which also adopted by reference Chapter 4, “Animal Control and Enforcement,” of the Marion County Code for enforcement within the City of Ocala, Florida; and
WHEREAS, that portion of Ordinance 2010-27 which adopted by reference Chapter 4, “Animal Control and Enforcement,” of the Marion County Code was never officially codified as a part of the Code of Ordinances, City of Ocala, Florida; and
WHEREAS, on or about May 16, 2023, the City of Ocala, Florida, entered into that certain Interlocal Agreement for the Provision of Continued Animal Control Services between Marion County, Florida, and the City of Ocala with the Board of County Commissioners of Marion County, Florida, which outlined the relationship between the parties as it pertains to the provision of animal control services within the corporate limits of the City of Ocala, Florida; and
WHEREAS, Section 4 of said interlocal agreement required that the City of Ocala, Florida, adopt as its own the provisions of the Marion County Code as it pertains to animal control and enforcement; and
WHEREAS, in order to comply with the terms and conditions of the aforementioned interlocal agreement and so as to provide for the uniform enforcement within Marion County, Florida, and the City of Ocala, Florida, the City Council of the City of Ocala, Florida, now desires to ensure that the Code of Ordinances, City of Ocala, Florida, is amended so as to clearly provide for the adoption of Chapter 4, Marion County Code as its own code provision as it pertains to animal control and enforcement; and
WHEREAS, the City Council of the City of Ocala, Florida, finds that the adoption of Chapter 4, Marion County Code, as the applicable animal control and enforcement code provisions for the City of Ocala, Florida, through the adoption of this ordinance is necessary for the protection of the health, safety and welfare of the citizens of the City of Ocala, Florida; and
WHEREAS, the City Council of the City of Ocala, Florida, finds that the adoption of Chapter 4, Marion County Code, as the applicable animal control and enforcement code provisions for the City of Ocala, Florida, through the adoption of this ordinance is in the best interest of the City of Ocala, Florida, and its citizens.
NOW THEREFORE, be it ordained, by the City Council of the City of Ocala, Florida, in regular session, as follows:
Section 1. Ratification, Adoption and Incorporation of Recitals.
The City Council of the City of Ocala, Florida, ratifies the above-outlined recitals as true and correct; adopts and incorporates them herein as part and parcel of this ordinance.
Section 2. Purpose and Authority for Ordinance.
This ordinance is adopted for the purpose of adopting Chapter 4, Marion County Code, as the applicable animal control and enforcement code provisions for the City of Ocala, Florida, and is adopted pursuant to the authority granted by Chapter 163 and Chapter 166, Florida Statutes, and other relevant provisions of Florida law.
Section 3. Creation of Chapter 14 and Adoption of Chapter 4, Marion County Code.
Chapter 14, which shall be titled “Animal Control,” is hereby created within the Code of Ordinances, City of Ocala, Florida, and shall state as follows:
Chapter 4, “Animal Control and Enforcement,” of the Marion County Code, as it may be amended from time-to-time, is adopted as the applicable animal control and enforcement code provisions for the City of Ocala, Florida, and is accordingly incorporated into this Code of Ordinances, City of Ocala, Florida.
Section 4. Direction to Staff.
The City Council of the City of Ocala, Florida, directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 5. Repealing Inconsistent and/or Conflicting Provisions.
The City Council of the City of Ocala, Florida, hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 6. Severability of Ordinance Provisions.
If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida, that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 7. Modifications Arising from Consideration at a Public Hearing.
It is the intention of the City Council of the City of Ocala, Florida, that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 8. Direction to the Codifier.
It is the intention of the City Council of the City of Ocala, Florida, that (1) this ordinance shall become and be made a part of the Code of Ordinances, City of Ocala, Florida, (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by the City Council.
Section 9. Effective Date of Ordinance.
This ordinance shall become effective immediately upon approval by the Mayor or becoming law without such approval.
The remainder of this page was intentionally left blank.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs James P. Hilty Sr.
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2023.
By: __________________________________
Reuben Kent Guinn
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2023-57
Introduced: 8/15/2023
Adopted: Click or tap to enter a date.
Legal Ad No: Ocala Star Banner - August 18, 2023 - LSAR00169060