Ordinance No. 95-93-57 v ORDINANCE NO. 95-93-57
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 4, ANIMALS, SECTION
4-7, MAINTAINING STABLES; KEEPING OF HOGS, BY
ALLOWING CERTAIN VIETNAMESE POTBELLIED PIGS AS
HOUSEHOLD PETS AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
SECTION 1: Section 4-7 (b) of the Code of Ordinance of the
City of Atlantic Beach, Florida, is hereby amended to read as
follows:
" (b) It shall be unlawful for any person to keep a
hog or hogs upon any property or premises located within
the limits of the City, with the sole exception of a bona
fide, purebred miniature Vietnamese potbellied pig which
is kept for the sole purpose of providing human
companionship and which is in compliance with all other
applicable provisions of this Code. Miniature Vietnamese
potbellied pigs may be kept as household pets under the
following conditions:
(1) Ownership of a pig or other swine animal
as a household pet is prohibited, except if such
animal is a purebred miniature Vietnamese pot-
bellied pig, sus scrofa vittatus, is no younger
than six weeks of age, weighs no more than one
hundred twenty-five pounds, measures no more than
twenty-two inches in height to be measured to the
top of a front shoulder, is spayed or neutered, is
registered with a purebred registry which is
recognized as bona fide by the Animal Control
Officer and is kept as a household pet for the sole
purpose of providing human companionship. Ownership
of such an excepted pig, hereinafter "pet
potbellied pig, " shall be regulated by the
provisions of this part.
(2) No household shall own or keep more than
one pet potbellied pig.
(3) Every pet potbellied pig shall be main-
tained primarily within the residence of its owner.
No pet potbellied pig shall be kept out-of-doors.
Every pet potbellied pig may be exercised from time
to time within a securely-fenced enclosure on the
owner' s residential property or while under the
secure physical control of the owner, or other
custodian, by means of secure leash, chain or
chord. Pursuant to Sec. 4-24 , which is hereby made
applicable to this part, no pet potbellied pig
shall run at large.
(4) No pet potbellied pig shall be starved or
otherwise deprived of healthful sustenance
appropriate for its species and particular nature.
Depriving a pet potbellied pig of healthful
sustenance for any purpose, to include the purpose
of stunting its growth or having it conform to the
weight or height provisions in subsection (1)
above, shall not constitute an exception to this
provision. Violation of this provision shall
constitute an offense punishable by a fine of $500.
(5) All portions of Chapter 4 which pertain
to dogs and cats, or to relevant penalties, fees
and time frames, and which are not superseded by
specific provisions of this part, are hereby
declared to pertain to pet potbellied pigs as
defined and regulated under this chapter, with the
provisions (1) that there shall be no required
annual inoculation against rabies for said pigs,
but that written certification by a licensed
veterinarian shall be submitted as part of every
application for annual license for a pet potbellied
pig as proof that said pig has within thirty full
business days before said application been
inoculated against and/or been blood tested, with
negative results, for pseudorabies and for
brucellosis, (2) that pet potbellied pigs shall be
exempt from the quarantine provisions of Chapter 4,
but shall be subject to the provisions of Chapter
10D-3 , Florida Administrative Code, (3) that every
application for annual license for a pet potbellied
pig shall be accompanied by written certification
from a licensed veterinarian that said pig is
spayed or neutered and was within thirty days
before such application is made in compliance with
this section' s age, weight and height provisions,
(4) that every application for annual license for a
pet potbellied pig shall be accompanied by a sworn
affidavit signed by the applicant to the effect
that said pig is and shall be for as long as it is
owned by said applicant and regulated under this
part the sole pet potbellied pig owned or kept in
said applicant's household, (5) that before appli-
cation for annual license for a pet potbellied pig
is made, the owner of said pig shall allow the
Animal Control Officer a reasonable and timely
opportunity to examine said pig and its bona fides
as a registered potbellied pig pursuant to subsec-
tion (1) above for the purpose of ascertaining that
said pig is a true miniature Vietnamese potbellied
pig, and (6) the Animal Control Officer shall have
the authority to refuse application for annual
license for any pig which it deems not to be
identifiable as a true miniature Vietnamese
potbellied pig.
(6) No potbellied pig regulated by the
provisions of this part shall be maintained or used
as a source of food. No owner or animal shelter
shall dispose of a pet potbellied pig by use, sale,
trade or gift of said pig as a food source or as a
research animal, but shall dispose of it only by
sale, trade or gift as a household pet, pursuant to
this part, by surrender to the Animal Control
Officer or to the Jacksonville Humane Society, or
by humane euthanasia to be administered by the
Animal Control Officer, the Jacksonville Humane
Society or a licensed veterinarian. Failure to
comply with any provision of this section shall
constitute an offense punishable by a $500 fine.
(7) All Ordinance Code provisions and all
Florida State Statutes which pertain to cruelty to
or humane treatment of animals and which are not
superseded by any specific provision of this part
shall apply to the ownership of pet potbellied pigs
as regulated under this part.
SECTION 2: This Ordinance shall take effect immediately upon
its final passage and adoption.
PASSED by the City Commission on first reading this 14th day
of June , 1993 .
PASSED by the City Commission on second and final reading this
28th day of June , 1993 .
Attest:
a-LLh-_i.C4ii' iA N /1/
MAVEN KING Ci Cl'e4rk ''ILLIAM I. GULLIFOr e JR.
Y
Mayor, Presiding 0 — •-r
Approved as to form and correctness:
C. SEN, ESQUIRE
City A orney
y