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ORDINANCE NO. 2002-0-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; AMENDING CHAPTER 5
(ANIMAL CONTROL), SECTION 5-2 (DEFINITIONS),
SECTION 5-6 (ANIMAL CONTROL BOARD), SECTION 5-8
(ANIMALS PROHIBITED), SECTION 5-11 (WILDLIFE
HYBRIDS PROHIBITED) AND SECTION 5-14 (RUNNING AT
LARGE PROHIBITED); OF THE CODE OF ORDINANCES,
CITY OF EDGEW A TER, FLORIDA; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater adopted Ordinance Number 97-0-08 in July of 1997bringing
Animal Control up to the statutory requirements at that time; and
2. In May 2001, the City adopted Ordinance Number 2001-0-06 to slightly modify
certain requirements of this section; and
3. The City feels it is in the best interest of the Citizens of the City of Edgewater to
amend Chapter 5 (Animal Control) in an effort to update the existing animal control ordinance.
NOW, THEREFORE, BE IT ENACTED by the City Council of the City of
Edgewater, Florida:
PART A.
AMEND CHAPTER 5 (ANIMAL CONTROL), SECTION 5-2
(DEFINITIONS), SECTION 5-6 (ANIMAL CONTROL BOARD),
SECTION 5-8 (ANIMALS PROHIBITED), SECTION 5-11 (WILDLIFE
HYBRIDS PROHIBITED) AND SECTION 5-14 (RUNNING AT
LARGE PROHIBITED); OF THE CODE OF ORDINANCES, CITY
OF EDGEW ATER, FLORIDA.
Chapter 5 is hereby amended to read as follows:
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Sec. 5-2. Definitions.
As used in this chapter the following terms shall have the meaning ascribed to them herein:
Abandonment: to forsake entirely or to neglect or refuse to provide for the care and support
of an animal.
ACB: the Animal Control Board
Adult: a human being of at least eighteen (18) years of age.
Adult animal: any animal at least four (4) months in age, or older.
Aggressive animal: any animal that without provocation constitutes a physical threat to
human beings or other animals.
Animal: any living dumb creature capable of self1ocomotion and includes but is not limited
to: dogs, cats, horses, birds, including poultry, rabbits, squirrels, raccoons, monkeys, ducks, geese,
goats, sheep, swine and cattle. The term also includes pets and domesticated animals; 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 those animals which are accustomed to living in and about
the habitation of man. Fowl, fish, reptiles and bees shall be included in the definition of animals.
Animal at large: any animal unattended by its owner or off the premises of the owner and
not under the actual control of the owner, or any animal that is not securely confined by a secure
fence, chain, leash, kennel or other means of confinement.
Animal control officer: any authorized agent or employee of the City of Edgewater whose
duty it is to enforce this chapter or any other law relating to the licensure of animals, control of
animals or seizure and impoundment of animals and includes any state or local law enforcement
officer or other employee whose duties in whole or part include assignments that involve the seizure
and impoundment of any animal.
Animal exposed to rabies: any animal which 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.
Animal hospital: any establishment maintained and operated by a licensed veterinarian for
surgery, diagnosis and treatment of animal diseases and injuries.
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Animal under restraint: an animal secured by a leash or lead and under the control of a
person physically capable of restraining the animal and obedient to that person's commands or
securely enclosed within the real property limits of the owner's premises. Animal under restraint
shall also include the following:
1. While on the property of its owner that:
(a) Reasonable care and precautions are taken to prevent the animal from leaving, while
unattended, the real property limits of its owner; and
(b) The animal is:
(1) Securely and humanely confined within a house, building, fence, crate, pen
or other enclosure; or
(2) Humanely secured by chain, cable and trolley, rope or tether of sufficient
strength to prevent escape; or
(3) Leashed or otherwise controlled by a responsible person 6f and is obedient
to the commands of a person present with the animal at any time it is not
secured as provided for in subsection (1) or (2) above.
2. While off the property of the owner that:
(a) The animal is securely confined within a vehicle; or
(b) The animal is caged or tethered in the open bed of a pick-up truck as set forth in
Section 5-22; or
(c) The animal is securely and humanely confined within a house, building, fence, crate,
pen or other enclosure; or
(d) The animal is humanely secured by a chain, cable and trolley, rope or tether of
sufficient strength to prevent escape; or
(e) That the animal is leashed or otherwise controlled by a responsible person or is
obedient to the commands of a person present with the animal at any time it is not
secured.
Animals of utility: 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.
Barking dog: any dog that barks, bays, cries, howls or makes any other noise continuously
and/or incessantly for a period often (10) minutes or barks intermittently for one-half (1/2) hour or
more. However, a dog shall not be deemed a "barking dog" for the purposes of this chapter if at the
time the dog is barking or making any other noise a person is trespassing or threatening to trespass
upon private property in or upon which the dog is situated or for any other legitimate cause such as
the dog is being teased or provoked.
Boarder: an animal placed in a kennel for temporary maintenance, care, food, lodging, etc,
resulting in monetary compensation. A boarder shall not reside in a kennel for more than three (3)
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weeks per visit, nor more than forty-five (45) days annually.
Breeder: any person who: offers pet quality dog or cat offspring with a spay/neuter contract
and follows up on the contract with a guarantee to accept return of the offspring for any reason;
ensures all offspring have been vaccinated according to Florida law; and who has been issued a
breeder permit by the city.
Capture: the securing, restraining, immobilization or confinement of any animal at large by
the use of cages, ropes, nets, tranquilizers or any other similar device not intended to permanently
injure the animal.
Certificate of registration: a city dangerous animal registration issued pursuant to this
chapter.
Citation: a written notice issued by an animal control officer to a person who the officer has
probable cause to believe committed a civil infraction in violation ofthis chapter and that the county
court will hear. The citation must contain:
1. The date and time of issuance.
1. The name and address of the person.
3. The date and time the civil infraction was committed.
4. The facts constituting probable cause.
5. The section violated.
6. The name and authority ofthe officer.
7. The procedure for the person to follow in order to pay the civil penalty to contest the
citation or to appear in court.
8. The applicable civil penalty ifthe person elects to contest the citation.
9. The applicable civil penalty ifthe person elects not to contest the citation.
10. A conspicuous statement that if the person fails to pay the civil penalty within the
time allowed or fails to appear in court to contest the citation, he shall be deemed to
have waived his right to contest the citation and that, in such case, judgment may be
entered against the person for an amount up to the maximum civil penalty.
11. A conspicuous statement that ifthe person is required to appear in court, he does not
have the option of paying a fine in lieu of appearing in court.
Council: the city council of the City of Edgewater, Florida.
County health officer: the person appointed pursuant to Chapter 154, Florida Statutes, as
director of the Volusia County Health Department and his designated agents.
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Cruelty: any act or omission whereby unjustifiable physical pain, suffering or death of animal
is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from
the elements, a sanitary and safe living environment, veterinary care or nutritious food.
Dangerous dog: any dog, that according to animal control records:
1. Has aggressively bitten, attacked, endangered or has inflicted severe injury on a
human being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the
owner's property;
3. Has been used primarily or in part for the purpose of dog fighting or is a dog trained
for dog fighting; or
4. Has, when unprovoked, chased or approached a person upon the streets, sidewalks
or any public grounds in a menacing fashion or apparent attitude of attack; provided
that such actions are attested to in a sworn statement by one or more persons and
dutifully investigated by an animal control officer.
A dog shall not be declared dangerous if the threat, injury or damage was sustained by a person who
at the time was unlawfully on the property or while lawfully on the property, was tormenting,
abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous
ifthe dog was protecting or defending a human being within the immediate vicinity ofthe dog from
an unjustified attack or assault.
Guard or attack dog: a dog trained to attack on command or to protect persons or property
and who will cease to attack upon command.
Health certificate: a certificate signed by a veterinarian licensed by the state of origin or an
authorized veterinary inspector ofthe United States Animal Disease Eradication Division that shows
the age, sex, breed, description, and health record of a dog or cat and the name and address of the
co-signor and ofthe co-signed. The certificate shall list vaccines administered to the dog or cat and
shall state that the animal has no contagious or infectious diseases and has no intestinal or external
parasites, including coccidiosis and ear mites.
Heel: when a dog is directly behind or next to a person and obedient to that person's
command.
Holding or impoundingfacility: the Semthea3t 'lolttsia 3hclter and stIeh other facilities as may
be from time to time designated as hoMing or impounding facilities by the city. the holding or
impounding facility currently under contract with the city for services or one that is designated from
time to time by the city.
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Impoundment: the taking into custody of an animal by an animal control officer.
Kennel: any place of business where dogs or cats regardless of number are kept for sale,
breeding, boarding or treatment purposes, except an animal hospital, grooming facility or pet shop.
The term "kennel" shall include any premises used for residential purposes where four (4) or more
dogs or cats four (4) months or older are kept, harbored or maintained for monetary compensation.
Licensed veterinarian: any person who is licensed to engage in the practice of veterinary
medicine in the State of Florida.
Muzzle: a device designed to fasten over the mouth of an animal to prevent the animal from
biting any person or other animal.
Neglect: failure to provide food, water, protection from the elements, or other care generally
considered to be normal, usual and accepted for an animal's health and well being.
Neutered or spayed: rendered permanently incapable of reproduction by surgical alteration,
implantation of a device, or other physical means, or permanently incapable of reproduction because
of physiological sterility as certified in writing by a licensed veterinarian.
Owner: any person, firm, corporation, or organization possessing, harboring, keeping or
having control or custody of an animal or, if the animal is owned by a person under the age of
eighteen (18) years of age, that person's parent or guardian.
Pet-Sitter (for profit): a person who provides care of an animal by visiting the animal
owner's home for monetary compensation.
Pet-Sitter (non-profit): An animal temporarily placed in a family member or friends's
residence for temporary care without exceeding the maximum number of animals allowed per
residence. The temporary placement shall not exceed a period of two (2) weeks per visit, nor more
than thirty (30) days annually. At no time shall a non-profit pet-sitter receive compensation for this
servIce.
Person: any natural person or persons, firm, association or corporation.
Potentially dangerous animal: an animal with a known propensity or disposition to attack
unprovoked or otherwise to threaten the safety of humans and domestic animals.
Proper enclosure for a dangerous dog: while on the owner's property a dangerous dog is
securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent
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the entry of young children and designed to prevent the dog from escaping. Such pen or structure
shall have secure sides and a secure top to prevent the dog from escaping over, under or through the
structure and shall also provide protection from the elements.
Public nuisance animal: any animal that unreasonably annoys persons, endangers the life or
health of persons or other animals, or substantially interferes with the right of persons to enjoYment
of life or property. The term shall include, but is not limited to:
1. An animal that damages the property of anyone other than its owner or causes the
loss of property;
2. An animal that has bitten a person without provocation;
3. An animal that bites, attacks or wounds another animal without provocation;
4. An animal that habitually and excessively howls, barks, growls or makes other noises
so as to unduly disturb or disrupt the public peace, order and tranquility;
5. An animal that chases motor vehicles in a public right-of-way;
6. An animal that is not under restraint as defined in Section 5-2;
7. A dangerous animal;
8. Any animal that damages, urinates or defecates on public or private property as
prohibited by Section 5-12;
9. Any animal that is repeatedly found running at large;
10. Any animal that causes fouling of the air by noxious or offensive odors and thereby
creates unreasonable annoyance or discomfort to neighbors or others in close
proximity to the premises where the animal is kept or harbored;
11. Any animal in heat that is not confined so as to prevent attraction or contact with
other animals as set forth in Section 5-20;
12. Any animal, whether or not on the property of its owner, that without provocation
molests, attacks, or otherwise interferes with the freedom of movement of persons
in a public right-of-way; and
13. Any animal that causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored.
Sanitary: a condition of good order and cleanliness to minimize the possibility of disease
transmission.
Severe injury: any physical injury that results in broken bones, multiple bites or disfiguring
lacerations requiring sutures or reconstructive surgery.
She/her: the feminine gender shall include the masculine gender and the masculine gender
shall include the feminine gender unless the context requires otherwise.
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Shelter: a secure weather resistant structure which protects an animal from exposure to the
elements and which is a minimum of six (6) inches higher than the animal's height at full stand with
head erect, one and one-half the animal's full body length, and with sufficient width to permit the
animal to turn around.
Stray: any unlicenced and unattended animal offthe premises of its owner.
Unprovoked: when a victim has been conducting himself peacefully and lawfully and has
been bitten or chased in a menacing fashion or attacked by an animal.
Vaccinated: an animal that has been administered a current rabies vaccine.
Wholesome exercise: uninhibited movement for a period of time sufficient for the physical
well-being of an animal, considering the size, age, and breed ofthat animal.
Wildlife hybrid: any offspring of any wildlife or hybrid bred with a dog or cat or an animal
which is represented as a hybrid by its owner.
Sec. 5-6.
Working day: any calendar day excluding Saturdays, Sundays and city holidays.
Animal Control Board.
(a)
Creation, Powers and Duties. The Animal Control Board (hereafter ACB) is hereby
created and shall exercise the following powers and duties under this chapter:
1. Hear appeals of the initial determination of an animal control officer
classifying a dog as dangerous pursuant to Section 767.12, Florida Statutes.
2. Hear appeals regarding the confiscation of a dog for destruction pursuant to
Section 767.13, Florida Statutes.
3. To subpoena witnesses to its hearings. The subpoenas shall be served by the
Edgewater Police Department.
4. To take testimony under oath.
5. To issue orders having the force of law to command whatever steps are
necessary to address the appeal.
Such orders may require:
a. Obedience training for the animal in question.
b. Muzzling of an animal while off the property of the owner.
c. Confinement of an animal indoors.
d. Confinement of an animal in a secure enclosure.
e. Reduction of the number of animals kept in anyone location.
f. The sterilization of an animal.
1. Any other measure or sanction designed to protect the health and
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safety of the public.
6. Make recommendations to the City Council on animal control matters.
7. To adopt rules of procedure not inconsistent with the provisions of this
chapter and approved as to form and correctness by the City Attorney.
(b) Membership: Appointment, Removal, Terms, Vacancies and Qualifications.
9.
(c) Officers.
1.
1.
The ACB shall be composed of five (5) members. Whenever possible, the
membership shall include a licensed veterinarian, a SouthcMt V olm;ia
I1um.:tl1c Society ICplC5Clrtati ve member from the holding or impounding
facilitv currently under contract with the city, a dog owner, and a cat owner.
No City employee shall be a member of the ACB.
Each member of the ACB shall be a resident of the city unless no qualified
resident candidate applies.
ACB members shall serve on no other city board or committee.
Members of the ACB shall be appointed for a term of three (3) years without
compensation but may receive travel and other necessary expenses while on
official business of the ACB. Due to the need to stagger terms to guarantee
continuity on the ACB, the initial appointments shall be as follows: two (2)
members shall be appointed for three (3) years, two (2) members shall be
appointed for two (2) years, and one (1) member shall be appointed for one
(1) year.
If a member of the ACB is absent for three (3) consecutive regular meetings
during any calendar year, said member shall forfeit the office. The City
Council shall fill the office for the remainder of the unexpired term.
A member of the ACB may be removed for cause by the City Council at any
time, provided however, that before such removal the member shall be
provided with written charges and given an opportunity to appear in his
defense at a public meeting.
No member of the ACB shall vote upon any matter which would inure to his
special private gain or loss; which he knows would inure to the special
private gain or loss of any principal by whom he is retained; or which he
knows would inure to the special private gain or loss of a relative or business
associate.
No member of the ACB shall appear for or represent any person in any matter
before the ACB other than himself.
No past member of the ACB shall appear before the ACB except when
representing himself for a period of twelve (12) calendar months after his
service has ended.
2.
3.
4.
5.
6.
7.
8.
The ACB shall elect a Chairman and Vice Chairman from among its
members at the first regular meeting in January each year to serve a term of
one(l) year. The officers shall be eligible for re-election.
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2. The Chairman shall preside at all meetings and hearings of the ACB and
appoint any committees that are deemed necessary.
3. In the absence o'f the Chairman, the Vice Chairman shall preside at all
meetings and hearings of the ACB.
4. The members of the ACB may select an additional person who shall preside
over meetings in the absence of the Chairman and Vice Chairman.
5. The Secretary, provided by the City, shall keep minutes of the proceedings
ofthe ACB.
(d) Meetings, Hearings and Procedures.
1. Regularly scheduled meetings of the ACB shall be held quarterly.
2. Special meetings or hearings of the ACB may be called by the Chairman,
Vice Chairman or animal control officer.
( e) Quorum
1.
No business shall be transacted by the ACB without a quorum. A quorum
shall consist of three (3) members.
The affirmative vote of three (3) members is required for any formal action
of the ACB relating to appeals. All other recommendations and actions of the
ACB shall require the affirmative vote of a majority of the members present.
Professional Support. The Animal Control Supervisor and City Attorney shall
provide the necessary professional support to the ACB.
2.
(t)
Sec. 5-8.
Animals prohibited.
It shall be unlawful for any owner to keep or permit to be kept within the city any horses,
hogs, Vietnamese Pot-bellied pigs, sheep, goats, cattle, chickens, or other farm animals, and any
domestic animal from the wild unless authorized by the Edgewater Zoning Ordinance.
A residential premises shall not exceed a maximum number of five (5) dogs or cats, or a
combination thereo[ and must provide proof from a licensed veterinarian that each dog or cat has
been spayed or neutered. Any premises that harbors more than one (1 ) unaltered dog or cat must
obtain a breeders permit.
Sec. 5-11. Wildlife Hybrids Prohibited.
(a) Effective August 1, 1997, it shall be unlawful to own, harbor, keep, transport, sell
or breed any wildlife hybrid of the family canis or felis or breed any wildlife with a
dog or cat unless the owner or breeder is in possession of a permit issued by the State
of Florida Game and Fresh Water Fish Commission authorizing such activity. This
prohibition shall not apply to such animals who are within the corporate limits of the
city prior to August 1, 1997. However, the keeping or maintenance of any such
animals shall be subject to such regulations as the City Council may enact.
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(b) All wildlife hybrids not exempted from the provisions of this section shall be
deemed contraband effective August 1, 1997, and shall be delivered to a person
possessing an appropriate state permit, an animal control officer or the Southcast
V olusia Humanc Society holding or impounding facility currently under contract
with the city for services or one that is designated from time to time by the city.
Sec. 5-14. Running at large prohibited.
(a) Prohibition of animals at large.
1. No owner shall permit, either willfully or through failure to exercise due care
and control, any animal to run at large off the premises of the owner.
2. Upon finding an animal at large, an animal control officer may issue a
warning or in hislher discretion, a citation for such violation or, alternatively,
if the owner cannot be identified and located with reasonable effort, such
animal may be seized and impounded.
(b) Seizure of at large animals; harboring andjinder-ownership.
1. When an animal is at large on private property, the animal may be seized by
the property owner or tenant in a humane manner. The animal shall be
delivered to an animal control officer, the Southcast V olusia IIuma1.1c Society
designated holding or impounding facility or a similar organization within
two (2) business days unless the person seizing the animal wishes to keep the
animal as his own. If the person seizing the animal wishes to keep the
animal, he shall notify the animal control officer who shall attempt to
determine ownership of the animal. If no owner is found within thirty (30)
days, the finder shall be conclusively presumed to be the owner of such
animal.
2. Any person seizing an animal and then delivering the animal to an animal
control officer, the Southcast V olusia Humanc Society designated holding or
impounding facility or similar organization shall do so at his own risk. Upon
delivery the finder shall sign a delivery document stating the date, time and
location where the animal was found and a description of the animal.
3. If the ownership of a found animal is in dispute, the person claiming
previous ownership of the found animal must provide the finder with proof
of ownership in order to successfully reclaim the animal. Such proof may
include documentation of prior veterinary records of such animal and/or
identifying photographs.
:3-:- ,4. Any person who seizes an animal pursuant to this section shall exercise
utmost care to treat the animal humanely and to avoid inflicting any cruelty,
injury, sickness, hunger or other ailment or affliction upon the animal during
either the seizure or delivery of the animal. Any person unable to comply
with this section shall not seize an animal.
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Sec. 5-36.
(b)
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Breeding and kennels.
(a)
Residential areas.
3. No person shall establish or maintain any breeding on their residential
premises without first obtaining an annual breeder permit and license tag for
each adult animal intended for breeding purposes. The license fee shall be
established by resolution of the City Council.
4. Any animal intended for breeding must be a household pet and reside
primarily inside the residence.
5. At no time will the total number of adult animals exceed three (3) per
licensed breeder residence.
6. The offspring of the animals bred may be sold by the owner. Such sales shall
not be considered commercial breeding for the purpose of this chapter
provided that such sale is not the primary occupation ofthe breeder.
7. There shall be only one (1) species of dog or cat bred at any licensed breeder
residence. There shall be no more than one (1) litter produced per year per
animal with a maximum of two (2) litters per breeder residence per year.
8. For protection and identification, all breeding animals will be identifiable by
either a tattoo or implant device. An implant scanner must be on the
premises if an implant device is used.
Kennels
1. Kennels shall be located in compliance with the Edgewater Zoning Ordinance
and the owner shall be required to obtain an annual occupational license.
2. Kennel owners must live on the premises.
3. No person shall establish or maintain any breeding in a kennel without first
obtaining an annual breeder permit and license tag for each adult animal
intended for breeding purposes.
4. For protection and identification, all breeding animals will be identifiable by
either a tattoo or implant device. An implant scanner must be on the
premises if an implant device is used.
Breeder responsibilities.
It shall be a violation of this chapter for breeders to
fail to:
1. Maintain accurate records of all animals produced by breeding and a record
of their final disposition.
2. Display an appropriate breeder license tag number in all advertising.
3. Supplying the new owner with the breeder license tag number, information
on the importance of spaying and neutering, and the requirements of this
chapter.
4. Immunize all dogs or cats offered for sale, trade, other consideration or given
away as required by Section 828.29, Florida Statutes.
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5. Offer a spay/neuter contract and follow up on the contract.
6. Guarantee to accept return of offspring for any reason.
(d) Indoor F acUities for Breeding and Kennels.
1. Facilities must be maintained with temperature, ventilation and lighting
suitable for each breed of animal housed.
2. The facilities must provide adequate shelter from the elements and be kept
clean, dry and maintained regularly so as to promote proper health for the
animals being kept. Food must be fresh, wholesome, palatable, nutritionally
adequate and offered to each animal at least once daily. Water must be fresh
and available at all times. All animals shall be provided proper and necessary
veterinary care.
3. Interior building surfaces of any indoor facility shall be constructed and
maintained so that they are impervious to moisture and can be readily
sanitized.
4. If drains are used, they shall be properly constructed and kept.
5. Cages, kennels and runs must have enough space for animals to lie down,
stand, sit and stretch without touching the sides or top. Dogs shall be
exercised a minimum of thirty (30) minutes twice daily.
6. Concrete floors and runs must have a resting board and cages must have
bedding. Insulated bedding materials shall be provided during inclement
weather extremes.
7. All facilities shall be constructed and maintained in compliance with all
applicable building and technical codes.
8. Housing areas shall be illuminated during the daylight hours if sunlight does
not shine into the cages.
9. All cages shall be constructed of impervious porous materials and shall have
floors of either solid construction or metal grid construction. Cages having
metal grid floors may be used provided the grid size is smaller than the pads
of the feet of the animals confined therein. No cages shall be enclosed
entirely by solid walls. Stack cages must have solid floors and if drains are
used, they shall be properly constructed and kept in good repair to avoid foul
orders.
(e) Outdoor Facilities for Breeding and Kennels.
1. Shelter. Sufficient shade shall be provided to afford all animals protection
from direct sunlight. Sufficient cover shall be provided to protect all animals
from rain. Shelter shall be provided for all animals when the ambient
temperature falls below fifty (50) degrees Fahrenheit. Sufficient clean
bedding material or other means of protection from the elements shall be
provided when the ambient temperature falls below that temperature to which
the animals are acclimated.
2. Cleaning of enclosures. Excreta shall be removed from enclosures as often
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as necessary to prevent contamination of the animals contained therein and
to reduce disease hazards and odors. When a hosing or flushing method is
used for cleaning an enclosure any animal contained therein shall be removed
from such enclosure during the cleaning process and adequate measures shall
be taken to protect the animals in other such enclosures from being
contaminated with water and other waste. A suitable method shall be
provided to rapidly eliminate any excess water.
3. Sanitation of enclosures required Prior to the introduction of animals into
empty enclosures previously occupied, such enclosures shall be sanitized.
Enclosures for animals shall be sanitized often enough to prevent an
accumulation of debris or excreta or a disease hazard; provided, however,
such enclosure shall be sanitized at least once every two (2) weeks.
4. Method of sanitation. Cages, rooms and hard-surfaced pens or runs shall be
sanitized by washing them with hot water and soap or detergent or by
washing all soiled surfaces with a detergent solution followed by a safe and
effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens
or runs using gravel, sand or dirt shall be sanitized by removing the soiled
gravel, sand or dirt and replacing it as necessary.
5. Pest control. An effective program for the control of insects, ectoparasites
and avian and mammalian pests shall be established and maintained.
(f) Inspections and enforcement. Annual inspections of breeding facilities and kennels
shall be conducted. A minimum of twenty-four (24) hours advance notice shall be
given to the owner by an animal control officer. However, no notice is required for
the investigation of complaints.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
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Underlined passages are added.
2002-0-21
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circumstance.
PART D.
CODIFICA TION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on November 18, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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2002-0-21
15
After Motion by Counci l Homan Rhodes and Second by Uuncilmamn Lichter
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown ABSENT
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 16th day of December, 2002.
ATTEST: CITY COUNCIL OF THE
CTTY I EDGEWATER, FLORIDA
By: o I�lmr/
Donald A. Schmidt
Mayor
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2002-0-21
16
Robin L. Matu� sick�� L.
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th
day of December 2002 under
Agenda Item No. [_R