§ 10-7. Limitation as to the number, type, and location of animals.

It is hereby declared to be in the best interest of Okeechobee County and its citizens to restrict the number, type, and location of animals harbored on a residential parcel. Numbers of animals in excess of those provided in this section shall not be deemed to be a reasonable, customary, incidental or accessory use to Residential Districts as defined by section 2.03.05 of Part II (Land Development Regulations) of this Code, or to any residence on a residential parcel regardless of zoning classification.

(1)

Dogs and cats. Upon any residential parcel of one-half acre or less in area there shall be harbored, in combination, no more than four dogs and cats over the age of six months. Upon larger residential parcels, there may be harbored, in combination up to six dogs and cats over the age of six months. Provided however, upon any residential parcel of one and one-half acres or greater in area lying within the A or RR zoning classification as defined by Part II (Land Development Regulations) of this Code, there may be harbored, in combination, no more than ten dogs and cats over the age of six months.

(2)

Horses and cows. Horses, cows, and temporary 4H, FFA or Okeechobee School District projects, may only be harbored upon residential parcels as provided in section 2.04.00 of Part II (Land Development Regulations) of this Code.

(3)

Livestock and farm animals.

a.

Other than as provided in subsection 10-7(2), above, livestock, and other traditional farm animals including chickens, turkeys, and other fowl are not permitted to be harbored upon a residential parcel.

b.

Farm animal exceptions.

(i)

Residential rural zoning district. Residential parcels of one and one-half acres or greater in area within a residential rural zoning district shall be permitted to harbor livestock and farm animals as established in section 2.04.06 of Part II (Land Development Regulations) of this Code.

(ii)

Agriculture zoning district. Residential parcels of less than five acres in area within an agriculture zoning district shall be permitted to harbor livestock and farm animals as established in section 2.04.01 C of Part II (Land Development Regulations) of this Code.

(4)

Reptiles, birds, fish and other animals. The number and types of reptiles, birds, and other animals not otherwise specifically listed in this section are not regulated by this section provided they are harbored in the conditioned area of the residence, properly caged or confined so as not to cause either a nuisance or endanger the health and safety of the public or minors residing within the residence, and are not being harbored or raised for commercial purposes. The harboring of reptiles, birds, and other animals not specifically listed in this section, outside of the conditioned area of a residence on a residential parcel is prohibited. Fish are not regulated by this section provided they are not being harbored or raised for commercial purposes. Commercial purposes shall be deemed to include "for profit" and "not for profit" activities.

(5)

Agricultural operations. Nothing contained in this section 10-7 shall be deemed to permit commercial agricultural operations within a residential parcel—Including the raising of animals for sale or slaughter.

(6)

Wildlife. Any captive wildlife under the exclusive jurisdiction of the Florida Fish and Wildlife Conservation Commission (FWC) which are harbored within a residential parcel, shall reduce on an one-to-one basis the otherwise allowable number of other animals permitted by this section; provided that this subsection shall not result in less than two, dogs and cats, in combination, from being permitted to be harbored.

(7)

Commercial presumption. Harboring of animals in excess of those permitted by this section on a residential parcel shall be presumed to be a commercial rather than residential activity.

(Ord. No. 2009-01, § 1, 4-9-09)