HomeMy WebLinkAboutO-1974-047 I
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Notes-April 1, 19',
Notes-May '20, 1974
ORDINANCE NO. 47
AN ORDINANCE ENACTING, PROMULGATING AND ORDAIN-
ING A NEW SECTION OF THE 1971 CODE OF ORDINANCES
OF THE CITY OF DANIA, FLORIDA, DECLARING THE
KEEPING, MAINTAINING, BREEDING, STORING, PENINING,
CONFINING, ALLOWING TO RUN AT LARGE, BUTCHERING,
SLAUGHTERING, DRESSING, SELLING OR GIVING AWAY
OF A RABBIT, OR RABBITS, WITHIN THE CITY OF D,:.gIA
TO BE A NUISA*ICE WHICH IS DETRIP'.ENTAL TO T13E HEALTH,
MORALS, COMFORT, CONVENIENCE AND WELFARE OF THE
j INHABITANTS OF THE CITY; AND MAKING IT UNLAWFUL
AND AN OFFENSE FOR ANY PERSON TO KEEP RABBITS UNDER
ANY OF THE AFORESAID CONDITIONS; AND PROVIDING A
PENALTY; AND ASSIGNING THE SECTION NUMBER OF
4-5.1 OF SAID NEW SECTION; AND PROVIDING THAT ALL
ORDINANCES, OR PARTS OF ORDINANCES , IN CONFLICT
BE REPEALED TO THE EXTENT OF SUCI'i CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, sub-paragraph (22) , Section 1, Article 31 Part I.
of the charter of City of Dania (with the aggregate charter being
525768 , 1949 Special Acts of Florida, as amended) , gives the City
jof Dania the power and authority to abate nuisances and to define,
prohibit, abate, suppress and prevent all things detrimental to the
health, morals, comfort, convenience and welfare of the inhabitants
of the city; and
I WHEREAS, during recent years , City of Dania has become an
urban and relatively densely populated municipality, with a large
part of its land area being occupied by residential sites (either
single family homes, duplex apartment buildings or multi-family
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apartment buildings) with most residents or inhabitants living in
close proximity to each other; and
WHEREAS, it has come to the attention of the city commission
that a limited number of residents within the city may be, or are,
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raising rabbits at locations within the boundaries of the City of
Dania, with each instance that has been called to the attention of
the city commission being one where the resident is raising rabbits
in his back-yard, or in an adjacent area, but all in what are pri-
marily residential areas of the city; and
WHEREAS, it has been difficult for the administrative officers
of the city to determine, in any case, whether the person raising a
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rabbit, or rabbits, as aforesaid, is doing so as a hobby, or as a
commercial venture or in order to produce food for human consumption
or as food for other animals; and
WHEREAS, such difficulties on the part of the administrative
officials have made it manfestly impossible for the city commission
to attempt to enact any type of ordinance where an exception might
be made for keeping a very limited number of rabbits as household
pets; and
WHEREAS, in practically every instance where a person is en-
gaged in raising rabbits 'within the limits of City of Dania for any
reason, the officials of the city have received immediate-'.and numerous
complaints of odors, creation of flies and fleas and the fear (regard-
less of whether well founded) of potential diseases; and
WHEREAS, from time to time, the city commission has attempted
to control the practice of raising rabbits under various rodent con-
trol laws which may be enforced by the city; and
WHEREAS, the city prosecutor has now informed the, officials
of the city that there is evidently a difference of opinion as to
whether a rabbit 'is a rodent; and
WHEREAS, to the extent that the raising of rabbits under any
circumstances is a nuisance, the city commission believes that it is
immaterial as to whether a rabbit is a rodent; and
WHEREAS, the city commission does believe that it is material -
that a rabbit is a well known, promiscuous and indiscriminate breeder,
not restricting itself to any one sexual partner, with the average
rabbit breeding from four to eight times a year, with each litter
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comprising three to eight young, and with the average rabbit beginning
to breed at the age of six months and then living and breeding on a
more or less constant basis thereafter during an average life span`.
of seven or eight years (see the general subject, "rabbit" , in
Encyclopedia Britannica) ; and
WHEREAS, such encyclopedic authority cites past examples in
history where large parts of certain continents have almost been over-
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run by rabbits, which became great public nuisances, when allowed
to breed under uncontrolled conditions; and
WHEREAS, the city commission is not unmindful that many
people admire rabbits (for example, the city commission is aware
that a well known and popular magazine seems to use rabbits and
bunnies as a part of its theme, and some members of the city com-
mission recall the popular play, Harvey, having to do with a rabbit, !l
and many members recall the rabbit in the story, Alice in Wonderland) ;
and
WHEREAS, notwithstanding all of the above recitals about the
history, background and habits of rabbits, and primarily because of (,
the prolific breeding capacity of a rabbit, the city commission has
determined that any effort to raise or breed rabbits within the
densely populated area comprising City of Dania constitutes a nuisance,
is detrimental to the public health and safety and is obnoxious to
any neighborhood where rabbits are raised, all because of the impossi-
bility of controlling the number of rabbits which may be bred by only
a single pair of rabbits starting off together (the number increases
by geometric progression rather than by arithmetic progession) and
because of the difficulties in controlling the butchering, slaughter-
ing or dressing of rabbits, either as food for human consumption or
as food for other animals; and
WHEREAS, the city commission desires to make it unlawful and
an offense in City of Dania for any person to keep, maintain, breed,
store, pen, confine, allow to run at large, butcher, slaughter, dress ,
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sell or give away rabbits within the city limits of the City of Dania,
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Florida,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That a new section, to be known as Section 4-5 .1,
1971 Code of Ordinances, City of Dania, Florida, is hereby enacted,
j promulgated and ordained, to read, after such enactment, promulgation
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and ordainment, as follows:
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Section 4.5-1 Rabbits
(1) The keeping, maintaining, breeding, storing,
penning, confining, allowing to run at large, butchering,
slaughtering, dressing, selling
g or giving away of a
rabbit, or rabbits, within the corporate limits of City
of Dania is herby declared to be a nuisance which is
detrimental to the health, morals, comfort, convenience
and welfare of the inhabitants of the City of Dania, all
because of odors, creations of flies, creations of fleas
and the possibility that a rabbit may be the carrier of,
or cause of, a potential disease, such as, but not limited
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to, hydrophobia and/or rabbit fever. Further, the city
commission hereby finds and determines that the number of
rabbits a person may keep is immaterial to the nuisance
that is created, all because of the prolific and well known
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breeding habits of rabbits by which the number of rabbits
initially bred by a pair of only two rabbits may increase
literally into the hundreds on the basis of geometric pro-
gression rather than on the basis of arithmetic progression.
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(2) It shall be unlawful and an offense for any person
to keep
, maintain, breed, store, pen, confine, allow to run
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at large, butcher, slaughter, dress, sell or give away any
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I rabbit within the corporate limits of the City of Dania,
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Florida, and any violation of this section shall be subject
to punishment as provided in Section 1-8, 1971 Code of
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Ordinances, City of Dania, Florida.
Section 2. By two-thirds vote of the City Commission,
this ordinance is declared to be an emergency ordinance and all require-
ments as to publication of notice and the giving of notice are waived.
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Section 3. That all ordinances, or parts of ordinances,
in conflict herewith be and the same are hereby repealed to the extent
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of such conflict.
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Section 4. That this ordinance shall be in force and
take effect immediately upon its passage and adoption.
PASSED And ADOPTED on First Reading on the 1st day of April,
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1974.
PASSED and ADOPTED on Second Reading on the 20th day of May,
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1974.
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Mayor-Commissioner
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Attest:
City Clerk-Auditor
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