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REPEAL OF SECTION 5-4 BIRD AND GAME SANCTUARIES (B)
Ordinance No. 140159
An ordinance of the City of Gainesville, Florida, amending the Code of Ordinances by repealing Section 5-4 Bird and game sanctuaries; providing directions to the codifier; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
...explanation
On October 23, 1995, the City Commission adopted Ordinance No. 0-95-18 relating to animal control and, among other things, created Section 5-4 of the Code of Ordinances establishing the entire city as a bird and game sanctuary where it is unlawful for any person to hunt, kill or take any animal except under certain limited circumstances. However, it has come to the attention of the City Attorney's Office that Section 5-4 of the Code of Ordinances was not established in accordance with state law and the Florida Fish and Wildlife Conservation Commission (FWC) does not recognize the City of Gainesville as a bird sanctuary as permitted by state law.
State law provides that all wild animal life within the state is subject to the exclusive regulation of the FWC. The FWC, in Rule 68A-19.002, F.A.C., provides a certain procedure by which a local government may request to establish bird sanctuaries for the protection of all birds and other wildlife. The rule states that a local government may establish bird sanctuaries and/or restrict hunting areas by submitting a written request to the FWC and adopting a resolution or ordinance that agrees to assume the responsibility for enforcement of FWC regulations applicable to such areas, including posting the area boundary with signs bearing the words "RESTRICTED HUNTING AREA, Hunting by Special Permit Only" or "BIRD SANCTUARY, No Hunting" at easily visible intervals of no more than 500 feet, as well as agreeing to instruct the city's law enforcement personnel to enforce said regulations within the area.
Section 5-4 of the Code of Ordinances was not established in accordance with this Rule 68A-19.002, F.A.C. Therefore, the city's current code provisions are unenforceable and should be repealed.
CITY ATTORNEY MEMORANDUM
This ordinance requires two readings and shall become effective immediately upon adoption.