PLACEMENT: Public Hearings
TITLE:
title
CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9, ANIMALS, ARTICLE 4, SECTION 9.87.A.19b GENERAL ORDINANCES, MARTIN COUNTY CODE TO EXTEND THE AMORTIZATION PERIOD FOR EXISTING PET STORES TO JUNE 30, 2023
end
EXECUTIVE SUMMARY:
executive summary
On September 27, 2022 the Board directed staff to send the ordinance prohibiting the sale of dogs, cats and rabbits back to the Animal Care and Control Oversight Board (ACCOB) for public input and review. The ACCOB recommended the ordinance be amended to extend the amortization period to June 30, 2023.
body
DEPARTMENT: County Attorney
PREPARED BY: Name: Sarah W. Woods
Title: County Attorney
REQUESTED BY:
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The following is a timeline of the events leading up to the adoption of Ordinance No. 1181 prohibiting the sale of rabbits, dogs, and cats at pet stores:
December 2021 - Board of County Commissioners (BCC) is asked by a animal rescue organization to consider an ordinance banning the retail sale of pets.
February 2022 - BCC directed staff to develop an ordinance prohibiting the retail sale of dogs and cats by pet stores.
February - April 2022 - County staff contacted the Humane Society of the Treasure Coast (HSTC) who arranged a meeting with the Florida staff of the Humane Society of the United States (HSUS). HSUS provided recommended changes to the County’s existing ordinance, review of proposed new language as well as similar ordinances adopted by Florida Counties. It is important to note that neither the Board direction nor staff research was focused on a specific business but rather consideration of a growing state and national public policy to prohibit pet stores from selling dogs, cats and rabbits that are commercially bred(puppy mills).
April 21, 2022 - At public meeting, the ACCOB reviewed a draft ordinance prohibiting the sale of dogs and cats by pet stores similar to ordinances in Palm Beach, Indian River and St. Lucie Counties, and unanimously recommended adoption of an ordinance including rabbits and with a one-year effective date. The ACCOB has 5 members, 4 must be licensed veterinarians or animal care professionals with shelter experience. One member is a representative of HSTC.
May 26, 2022 - Public Notice of the proposed ordinance as required by Florida law was published in TCPALM and TCPALM.com
June 7, 2022 - At a public hearing, the BCC adopted the ordinance recommended by the ACCOB prohibiting the retail sale of dogs, cats and rabbits by pet stores, but reduced the amortization period to December 31, 2022.
June 29, 2022 - Letters were sent to pet stores and municipalities informing them of the ordinance prohibiting the retail sale of dogs, cats and rabbits.
September 13, 2022 - BCC directed staff and requested an agenda item to discuss issues related to the ordinance prohibiting the sale of dogs, cats and rabbits by retail pet stores.
September 27, 2022 - BCC conducted a discussion of the ordinance and directed staff to send the ordinance back to the ACCOB for public input, review and recommendation as well as involve County pet store owners and pet rescue organizations prior to December 31, 2022.
October 19, 2022 - Following staff’s notification to all County pet stores and pet rescue organizations, the ACCOB conducted a publicly noticed workshop to provide a forum for public input regarding the ordinance. The ACCOB was provided all public input including letters, emails, federal and state records and recommend changes to the existing ordinance.
November 17, 2022 - ACCOB conducted a public meeting and following public input, review of submitted documents and careful deliberations voted unanimously to extend the amortization period to June 2023 consistent with its original recommendation.
November 22, 2022 - BCC authorized advertisement of a public hearing to consider an amendment to the subject ordinance consistent with the ACCOB recommendation.
The documents provided to the ACCOB are attached.
ISSUES:
Whether to extend the amortization period for pet stores currently selling dogs, cats and rabbits until June 30, 2023.
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed ordinance.
ALTERNATIVE RECOMMENDATIONS
Provide Board direction regarding the proposed ordinance.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.