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811ORDINANCE NO. R11 AN ORDINANCE ENTITLED "ANIMAL CONTROL ORDINANCE" OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR THE IMPLEMENTATION AND ADOPTION OF THIS ORDINANCE DESIGNATING PERSONNEL TO IMPLEMENT AND ADMINISTER THIS ORDINANCE, PROVIDING FOR DEFINITIONS, VACCINATION AND PURCHASING OF TAGS AND IMPOUNDING OF ANIMALS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, RENUMBERING AND RECODIFYING THE PROVISIONS IN THIS ORDINANCE , PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE THEREFOR. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Ordinance Numbers 147, 253, 559, 648, 693 and 706, and all other Ordinances that are in conflict with this Ordinance be and the same are hereby repealed. SECTION 2. That Chapter 4 of the Code of Ordinances of the City of Edgewater, Florida, be and the same is hereby repealed and replaced by providing Section 4-1 through 4-11 which shall read as follows: SECTION 4-1: Animal control ordinance This Ordinance shall be known as the ANIMAL CONTROL ORDINANCE of Edgewater, Florida, and is to be liberally construed to carry out the purposes stated in the following Sections. If any portion of this Ordinance should be declared unlawful or unconstitutional or unenforceable by a Court of competent jurisdiction, then such Section or portion thereof shall be eliminated from this Ordinance, but all other Sections and portions thereof not specifically declared to be unlawful, unconstitutional or unenforceable shall remain in full force and effect. SECTION 4-2: Administration, Implementation and Enforcement of this Ordinance The Chief of Police of the City of Edgewater be and he is hereby designated as the Animal Control Officer to be primarily responsible to the City Council for the enforcement of this Animal Control Ordinance. The said Animal Control Officer is hereby authorized to use and utilize the services of the New Smyrna Beach -Edgewater Humane Society in the 'administration and implementation and enforcement of this Ordinance. The said Animal Control Officer shall have the authority to designate an employee or employees of the New Smyrna Beach -Edgewater Humane Society to assist him in the implementatiophaV enforcement of th6Animal Control Ordinance and s a have the power to vest said employee or employees with all powers of special police officers that are necessary to effectively administer and enforce this Ordinance, upon the condition that the Governing Board of the New Smyrna Beach -Edgewater Humane Society agrees to assist the City in the administration and enforcement of this Animal Control Ordinance. The City Council is authorized to appropriate for the administration and enforcement of this Ordinance such sums of money and the use of such/and/or municipal property as in the judgment of the City Council shall be necessary and proper. SECTION 4-3: Definitions A. Animals The term "animal" shall include but not be limited to dogs, cats, horses, birds including poultry, rabbits, squirrels, racoons, monkeys, ducks, geese, goats, sheep, swine and cattle. Animals for purposes of this Ordinance shall be construed to include pets and domesticated animals and shall include those animals that are naturally tame and gentle or that, by long association with man, have become fairly domesticated and reduced to such a state of subjection to man's will that they no longer possess the disposition or inclination to escape, and shall include those animals which are accustomed to live in and about the habitation of man, as well as those which are not accustomed to living in or about the habitation of man. For the purpose of this Ordinance, fowl, fish, reptiles and bees shall be included in the category of animals. B. Animals of Utility Animals of utility shall be those animals which are customarily kept and maintained for utility rather than as pets, and shall include horses, cattle, chickens and other poultry, swine, goats, sheep and bees. C. Animal Control Officer The Chief of Police is hereby designated as the Animal Control Officer to be primarily responsible for the enforcement of this Animal Control Ordinance, and such other subordinate Animal Control Officers as he may appoint from time to time pursuant to the provisions of this Ordinance. D. Animal under Restraint An animal as defined in this Ordinance secured by a leash or lead or under physical restraint or under restraint of a mechanical device such as a cage, or an animal that is confined within the real property or vehicle of its owner. - 2- W A dog shall be considered under restraint when said dog is under the physical restraint of a lead or leash held by some person. A dog shall be considered under restraint when said dog is accompanied by the owner of said dog or some member of the owner's family, regardless of whether said dog is on a lead or a leash. E. Animal at Larce Any animal not under the restraint as defined in this Ordinance. F. Animal exposed to Rabies Any animal shall be deemed to have been exposed to rabies if it has been bitten by or has been associated with any animal determined by the County Health Officer or the Animal Control Officer to be infected with rabies or suspected of being infected with rabies. G. Animals that Constitute a Public Nuisance Any animal that (1) is found at large, but excluding cats; (2) damages the property of anyone other than its owner, (3) has bitten a person without provocation; (4) repeatedly attacks another animal without provacation; (5) habitually and excessively howls, barks, or growls, or makes other noises so as to unduly disturb or disrupt the public peace, order and tranquility, and that causes undue inconvenience and annoyance to owners of a neighboring property and persons in close proximity thereto; (6) molests passersby or passing vehicles; (7) has been disgnated by the County Health Officer or the Animal Control Officer to be a public nuisance animal by virtue of being a menace to the public health, welfare or safety. H. Owner Owner shall be defined as any person, firm, association, corporation, owning, keeping, maintaining, harboring or acting as custodian of an animal or animals. I. Owner of Animal that is a Public Nuisance An owner is defined herein or an animal as defined herein who keeps, harbors, maintains or owns an animal that is -3- M C4 , a public nuisance as defined herein. J. Person Person shall mean a natural person, firm, association or corporation. K. Council Council shall mean the City Council of the City of Edgewater, Florida. L. Holding or Impounding Facility The New Smyrna Beach -Edgewater Humane Society shelter shall be considered a holding or impounding facility, and such other facilities as may be from time to time designated as holding or impounding facilities by the Animal Control Officer. SECTION 4-4 License and Registration Required. All dogs kept, harbored, or maintained by their owners in the City of Edgewater shall be licensed and registered if over three months of age. Dog Licenses shall be issued by the City Clerk upon payment of a license tax of $1.00 for each male or spayd female and $2.00 for each unspayd female. Each owner shall give owners name and address, and the name, breed, color and sex of each dog owned or kept by him. The provision of this section shall not be intended to apply to dogs whose owners are non-residents temporarily within the City, nor to dogs brought into the City for the purpose of participating in any dog show nor to "seeing -eye" dogs properly trained to assist blind persons when such dogs are actually being used by blind persons for the purpose of aiding them in going from place to place. SECTION 4-5 Tag and Collar. Upon payment of the license fee, the City Clerk shall issue to the owner of a license fee receipt and a metallic tag for each dog so licensed. The shape of the tag shall be changed every year and shall have stamped thereon the year for which it was issued, and the number corresponding with the number on the receipt. Every owner shall be required to provide each dog with a collar to which the license tag must be af- fixed, and shall see that the collar and tag are constantly worn. In case a dog tag is lost or destroyed, a new tag will be issued by the Clerk upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a twenty-five (25) cent fee for such tag. Dog tags shall not be transferrable from one dog to another and no refunds shall be made on any dog license fee because of death of the dog or the owner's leaving the City before the expiration of the license period. SECTION 4-6 Enforcement and Impoundment Provisions A. It is declared to be in the best interest of the public health, safety and welfare that the provisions contained -4- Sit in this Ordinance are to be strictly enforced and to that end the Animal Control Officer or his duly designated subordinate officers shall have the continuing power to pick up, capture, catch, procure, and inpound in a holding facility, any animal found on public or private property when the following conditions exist or have occurred: 1. When any animal is a public nuisance as defined in this Ordinance; 2. When any animal is infected with or believed to be infected with rabies or with any other contagious or infectious disease; 3. When any female animal at large is in heat; 4. When any animal has been or is being mistreated; 5. When any animal appears to be lost or abandoned; 6. When any dogs appear to be running in a pack, a pack being defined as three (3) or more; 7. When any animal required to be licensed appears to be unlicensed; 8. When any dog is not under restraint as defined in Section 4-3 D herein. B. Redemption of Impounded Animals Whenever the owner of an animal can be determined, the Animal Control Officer or his subordinate shall notify said owner that the animal has been impounded and if not redeemed within five (5) calendar days after impoundment, the Animal Control Officer or the New Smyrna Beach -Edgewater Humane Society may dispose of the animal as provided for in the rules and regulations of the New Smyrna Beach - Edgewater Humane Society. 2. If any owner of an animal can not be determined, then said owner shall have ten (10) days from the date of impoundment to tedeem the animal. 3. The redemption of any animal shall be upon such rules and regulations as are adopted by the New Smyrna Beach -Edgewater Humane Society. 4. The final day of the impoundment period shall occur only on a day in which the impounding or holding facility is open for normal operating activities. 5. Upon presentation of proof of ownership or right of possession, the owner of an animal shall be entitled to the impounded animal only after all rules and -5- 1311 regulations of the New Smyrna Beach -Edgewater Humane Society have been complied with, including payment of impoundment fees, procurement of any needed vaccine shots and tags; provided, however, that when any animal has been impounded because of cruelty or mistreatment of the animal, then the owner shall not be entitled to redemption of the impounded animal unless and until the Animal Control Officer approves said redemption by the owner. C. Unreedemed Animal Any animal unreedemed shall become the property of the New Smyrna Beach -Edgewater Humance Society and may be destroyed by said Society or maintained by said Society or disposed of by gift or sale by being placed in the custody of some person found by the said Society to be a responsible and suitable owner who will agree to comply with the provisions of this Ordinance. D. Chases and Fees The New Smyrna Beach -Edgewater Humane Society shall be entitled to and shall charge and collect such fees as said Society shall deem proper for the apprehension of, impoundment, upkeep and maintenance of any impounded animal, which said schedule of fees shall first be approved by the Animal Control Officer. E. Richts of Private Persons Any person finding any animal upon his property that is injured or an annoyance shall report the same to the owner of the animal, if the owner be known, but, if the owner not be known or if the owner, after notification, refuses or neglects to remove the animal, then and in that event said person shall have the right to apprehend the animal and cause it to be impounded. F. Nuisance Complaint /Any person shall have the right to, by written and signed '\ complaint, notify the Animal Control Officer of any animal felt by said complaining person to be a nuisance, \ and, upon receipt of said notification, the Animal Control Officer of his duly designated subordinate shall cause an l r investigation to he made, and, if the owner refuses or "a / neglects to abate the nuisance within one (1) day after % written notification delivered to him by any member of they Edgewater Police Department, then said animal shall be 1 impounded. % SECTION 4-7 Rabies Control A. When any animal that can carry or transmit rabies or is suspected of having rabies, or is known to have associated with any other animal that has or is suspected of having rabies, it shall be the duty of any person having such knowledge of said animal to report the same as promptly as possible to the County Health Officer or to the Animal Control Officer or to the office of the New Smyrna -6- M Beach -Edgewater Humane Society. It shall likewise be the duty of any person bitten or scratched by any animal other than his own animal to report the fact of such bite of scratch as soon as possible to the County Health Officer or the Animal Control Officer or the office of the New Smyrna Beach -Edgewater Humane Society. B. The Animal Control Officer, after being notified of any animal described in Paragraph A above, shall enforce the applicable Florida Statutes and the applicable rules of the Division of Health and Rehabilitative Services, and in addition thereto, shall be required to do the following: (1) when the Animal Control Officer is so informed of any animal that shows symptoms of having rabies or has bitten or scratched a person or is suspected of having any other infectious or contagious disease, the Animal Control Officer or his duly designated subordinate shall capture such animal, if alive, if possilbe, and quarantine such animal at a holding facility for observation for a period of at least ten (10) days from the date of bite or scratch showing of symptoms of rabies or other infectious or contagious disease. If the owner of any such animal as described therein requests and pays the bill in advance, the said animal may be quarantined in a licensed veterinarian hospital within Volusia County, Florida. (2) If any wild or lost or abandoned animal is impounded by reason of the fact that it has scratched or bitten a person or is suspected or having rabies or any other infectious or contagious disease, then said animal may be destroyed by the New Smyrna Beach - Edgewater Humane Society and its head sent to the State Board of Health laboratory for pathological examination. (3) If a quarantined animal dies, the head of said animal shall be forwarded to one of the State Board of Health laboratories for pathological examination. (4) If any animal that has scratched or bitten a person, other than its owner, or that shows symptoms of having rabies or other contagious or infectious disease, is impounded, the owner shall bear the cost of the care, feeding and maintenance of the quarantined animal until said animal is either released or destroyed. C. In the event rabies are found to exist in any given area within the corporate limits within the City of Edgewater to the extent that circumstances indicate the necessity of quarantine of all animals, the Animal Control Officer shall have the authority to prescribe the area of quarantine and to require that all animals that are capable of transmitting rabies, whether vaccinated or not vaccinated shall be confined to the owner's -7- sh premises, to be permitted away from the owner's premises only upon leash or lead or other mechanical restraint. Any such animal found roaming at large within the quarantined area is to be impounded, and said animal may be released to the owner only upon payment of impounding fees and proof of vaccination within the preceding twelve (12) months. D. It shall be unlawful for any person to withhold any animal for quarantine or destruction when finding of necessity of quarantine or destruction has been made by the Animal Control Officer. SECTION 4-8: Vaccination of Dogs and Cats and Other Animals A. For purposes of keeping records of all animals that are susceptible of being infected by rabies, each owner of any dog or cat or any other animal that can carry or transmit rabies is hereby required to obtain, prior to January 1st of each year, a license certificate and a metal tag for such animal. B. The license certificate and metal tag may be obtained from any veterinarian licensed to practice in the State of Florida or from the New Smyrna Beach -Edgewater Humane Society upon payment of a fee of $2.00 for a male or a spayed female and $3. 00 for an unspayed female. C. A copy of the license certificate shall be furnished to the Animal Control Officer and the number of said License certificate shall correspond to the metal tag which shall be required to be worn by every licensed dog. Each owner of every dog is hereby required to make sure that his dog wears its tag at all times. The license certificate shall provide the name and address of the owner and the name, breed, color and sex of each animal for which said license certificate has been issued, provided, however, that the licensing requirements contained in this sub -Section shall not be intended to apply to dogs and cats or other animals brought into the City for the purpose of exhibiting in any show or to seeing -eye dogs properly trained to assist blind persons when such dogs are actually used by blind persons to assist in aiding them to go from place to place. D. Vaccination is required. Prior to January 1st of each year, every person who owns, harbors, keeps or maintains any dog or cat or other animal that can carry or transmit rabies-, shall cause such animal to be vaccinated against rabies by a veterinarian licensed to practice in the State of Florida or by such other person or persons designated by the Animal Control Officer as being qualified to administer such vaccine, unless such dog or cat or other animal has been vaccinated with a new and improved vaccine, the effect of which shall extend over a period of greater than one (1) year. At the time of vaccination, the person administering said vaccine shall certify the date of such vaccination and the name and address of the owner of the animal and the name, breed, color and sex of the animal vaccinated, a copy of which shall be sent to the Animal Control Officer. The -8- said certificate of vaccination shall further certify the effective period of the vaccine administered. E. On or after January 1st, any person who owns, keeps, maintains or harbors any dog or cat or animal that has not been issued certificate of vaccination shall be in violation of this Ordinance and shall be subject, upon conviction thereof, to the penalties provided in Section 1-8 of the Code of Ordinances, provided, however, that the vaccination provisions contained herein shall not apply to any dog or cat or other animal until said animal has reached the age of six months, and provided further that the licensing and vaccination provisions of this Section shall not apply to a dog or cat or other animal of any age until said animal has been in the City for a period of sixty (60) days. SECTION 4-9: Violations and Prohibited Acts A. It shall be unlawful for any owner of any animal as defined herein to keep, harbor or maintain an animal that is a public nuisance as defined herein. B. It. shall be unlawful for any owner of any animal to keep or maintain any animal in any manner which is determined by the Animal Control Officer or his duly designated subordinate, to be in an unsanitary or offensive condition or surroundings. C. It shall be unlawful for any person to maintain or keep bees within the corporate limits of the City, provided, however, that it shall not be a violation of this Ordinance to transport bees through the City. D. It shall be unlawful for any person to abandon any animal within the corporate limits of the City. E. After the effective date of this Ordinance, it shall be unlawful for any person to keep or maintain any poultry, cattle, horses, swine or other animals that are used primarily for utility as herein defined; provided, however, that this sub -Section shall have no application to persons maintaining any of said animals with the City on the effective date of this Ordinance and providing further that this sub -Section shall have no applicability to any duly licensed business for the sale of poultry or livestock. r. It shall be unlawful for any person to overrditve, over- load, overwork, deprive of sustenance, torture, torment or cruelly beat or mutilate any animal. G. It shall be unlawful for any person to hide or conceal any animal to which he does not have legal title. H. It.shall be unlawful for any person to knowingly poison, aid, abet or assist in the poisoning of any animal as defined herein, or knowingly put out or place poison where any animal as defined herein may feed on the same. �E M I. It shall be unlawful for any person knowingly to deny treatment or medical aid to any sick or injured animal owned by said person. f. It shall be unlawful for any person who shall knowingly strike an animal with a vehicle to fail either to take said animal to a veterinarian immediately or to immediately notify the owner of the animal or to notify a Police Officer or the New Smyrna Beach -Edgewater Humane Society. K. It shall be unlawful for any person to sell, give, or convey any animal in any manner to any person, school, laboratory or organization, for medical, experimental or laboratory purposes, without first obtaining a permit from the Animal Control Officer; provided, however, that this sub -Section shall not apply to those animals suspected of having rabies or other infectious or contagious disease. L. It shall be unlawful for any person to interfere with, hinder, resist, obstruct or molest the Animal Control Officer or any New Smyrna Beach -Edgewater Humane Society personnel in the performance of their duties as set forth in this Ordinance. M. It hsall be unlawful for any person without proper authority to release or remove or attempt to release or remove any animal from the custody of the Animal Control Officer or from any New Smyrna Beach -Edgewater Humane Society personnel who is acting within the scope of their authority as set forth in this Ordinance. N. It shall be unlawful for any person to tear down, burn, deface, destroy or attempt to destroy or injure any impounding or holding gacility within the City as defined in this Ordinance. O. It shall be unlawful for any owner of a dog to allow said dog to run at large as defined in this Ordinance. P. That no dogs shall be allowed within a fifty (50) foot perimeter of any picnic table in the Park and Pier area across from the Edgewater City Hall, Edgewater, Florida, and it shall be unlawful for the owner of any dog to allow his dog within the said fifty (50) foot perimeter. SECTION 4-10: Penalty Provision If any person, firm or corporation shall violate any Section or sub -Section or any provisions of this Ordinance, said person, firm or corporation shall, upon conviction thereof, be subject to the penalties provided in Section 1-8 of the Code of Ordinances or the City of Edgewater, Florida. SECTION 4-11: That this Ordinance shall take effect immediately upon its adoption by the City Council and approval by the Mayor. The above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on the 1,g �W day of February, A.D. 1973. -10- E •4 ti Upon motion duly made, seconded and carried, the requirement of reading said Ordinance upon second reading was waived and the Ordinance was ordered put upon final passage. Passed by vote of the City Council of the City of Edgewater, Florida at a regular meeting of said Council held on the /2M day of February, 1973, and approved as provided by law, the vote of said Council upon roll call being as follows: ATTEST: City Clerk / Approved this /VI day of February, A.D. 1973. Mayor This Ordinance was prepared by: Joseph E. Weaver, City Attorney. .®