Ordinance No. 1456-23 Disposal of Pet Waste

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INSTR# 2023056479 OR BK 10791 PG 2922 Page 1 of 3 04/03/2023 11:25 AM Rcpt: 2567559 Rec: 27.00 DS: 0.00 IT: 0.00 Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA CREATING A NEW SECTION TO CHAPTER 93 OF THE CITY OF ZEPHYRHILLS CODE OF ORDINANCES, SECTION 93.03 ESTABLISHING REQUIREMENTS FOR THE PROPER DISPOSAL OF PET WASTE; PROVIDING FOR APPLICABILITY; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Article V1I1, Florida Constitution of 1968, and Chapter 166, Florida Statutes, the City of Zephyrhills has broad home rule powers to carry out city government, including the power to adopt ordinances to provide for the public health and safety; and WHEREAS, the FDEP has mandated total maximum daily loads for "impaired" water bodies in Pasco County and has adopted Basin Management Action Plans (BMAP), within the Springs Coast and Tampa Bay watersheds; and WHEREAS, this ordinance is part of the strategies implemented by the City of Zephyrhills to achieve the required pollutant load reductions to meet these total maximum daily loads and reduce nutrient and bacteria loading into surface waters, springs, the Gulf of Mexico, and Tampa Bay; and WHEREAS, implementation of a pet waste ordinance is an approved stormwater best management practice component of the BMAP and a requirement of Pasco County's Municipal Separate Storm Sewer System Permit; and WHEREAS, pet waste contains nutrients that can promote the growth of algae in stormwater and drainage conveyances and natural water bodies; and WHEREAS, pet waste contains bacteria and parasites that can make surface waters unsafe for fishing, wading and swimming; and WHEREAS, pursuant to law, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed ordinance and of a public hearing WHEREAS, the City Council has conducted duly noticed public hearings as required by law, at which hearings all parties in interest and citizens were afforded notice and the opportunity to be heard; and WHEREAS, the City Council hereby finds and declares that this Ordinance is in the best interest of the public health, safety, and welfare, and that it advances a valid and important public purpose. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, that the following addition to the City of Zephyrhills Code of Ordinance shall be referred to as the "Pet Waste Ordinance," as follows: SECTION 1. Authority. This ordinance is enacted pursuant to Chapter 166, Florida Statutes (2022), and under the home rule powers of the City. SECTION 2. Legislative Findings of Fact. The foregoing Whereas clauses are hereby adopted as legislative finds of the City Council 1