90-O-33
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ORDINANCE NO. 90-0-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE-
WATER, FLORIDA, AMENDING CHAPTER 5, ANIMALS AND FOWL,
OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER,
FLORIDA, BY CHANGING THE NAME OF NEW SMYRNA
BEACH-EDGEWATER HUMANE SOCIETY TO SOUTHEAST VOLUSIA
HUMANE SOCIETY; BY ADOPTING APPLICABLE STATE LAWS,
INCLUDING ALL THOSE CONTAINED IN THE FLORIDA STATE LAWS
RELATING TO ANIMALS PUBLISHED BY THE FLORIDA FEDERATION
OF HUMANE SOCIETIES, INC; BY ALLOWING RESTRAINTS TO
INCLUDE TRANSPORTATION IN A PICK UP TRUCK; SUBJECT TO
VOICE COMMAND; INCLUDING CUSTODIAN UNDER DEFINITION OF
OWNER; EXPANDING VICIOUS ANIMAL DEFINITION TO INCLUDE
THOSE TRAINED FOR FIGHTING; LICENSING OF CATS; REDUCING
REDEMPTION TIME FROM 7 TO 3 DAYS; EXEMPTING AS VICIOUS
ANIMAL, ONE WHO BITES IN DEFENSE OF THE OWNER, A
TRESPASSER OR ANY OTHER PERSON OR ANIMAL WHICH HAS
THREATENED IT; BY SHARING RESPONSIBILITIES BETWEEN THE
HEALTH OFFICER OR ANIMAL CONTROL OFFICER; PROHIBITING
VACCINATION BEFORE EXPIRATION OF QUARANTINE; REQUIRING
VACCINATION OF DOGS AND CATS; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1. That Chapter 5, Animals and Fowl, of the Code
of Ordinances of the City of Edgewater, Florida, be amended as
follows:*
Sec. 5-3. Administration, implementation and enforcement.
The chief of police is hereby designated as the animal con-
trol officer to be primarily responsible to the city council for
the enforcement of this chapter. Said animal control officer is
hereby authorized to utilize the services of the New SmY~8a
Beaefi Ee~ewaee~ Southeast Volusia Humane Society in the adminis-
tration and implementation and enforcement of this chapter. Said
animal control officer shall have the authority to designate one
or more employees of the New SmY~8a Beaefi Ee~ewaee~ Southeast
volusia Humane Society to assist him in the implementation and
enforcement of this chapter and shall...
Sec. 5-5. Definitions.
The following words and terms as used in this chapter shall
mean:
*Deleted language has been ~~8eeefi~e~~fi and new language
underscored.
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Animal control officer shall mean the person or persons
appointed by, contracted with, or employed by the city as animal
control officer and such agents or employees designated by such
officer to carry out the duties of such officer under this chap-
ter and any applicable state Laws as contained in the 4th Edition
of Florida state Laws Relating to Animals and all amendments
thereto as published by The Florida Federation Of Humane
Societies, Inc. The chief of police is hereby.....
Animal under restraint shall mean an animal 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. A dog shall be
considered under restraint when said dog is under the physical
restraint of a lead or leash held by some person or tethered in
the open bed of a pick up truck. A dog shall be considered......
At large shall mean when an animal is off the premises of
the owner and not under the actual control, custody, charge or
possession of the owner or other responsible person either by
leash, cordLe~ chain, or voice command. (Voice control must
be demonstrated by the owner, if requested).
Holding or impounding facility shall mean the New Sffiy~fta
Beaefi Ea~ewa~e~ Southeast volusia Humane Society......
Owner shall mean any person, as herein defined, who owns,
keeps, harborsLe~ controlsLaft aft~ffia~ or acts as custodian
of an animal.
Vicious animal shall mean any animal of fierce or dangerous
propensities which is likely to cause injury to person or persons
or damage to property or any animal which exhibits traits which
are ungovernable or any animal which displays a habit of unprompt-
ed biting or any animal trained, owned or harbored for the pur-
pose, primarily or in part of animal fighting.
Sec. 5-10. Unlicensed dogs and cats prohibited.
Any person who shall own, keep or harbor any dog or cat with-
in the city that is not licensed as provided in this chapter
shall be guilty of a misdemeanor and punished as provided for in
section 5-45 of this chapter. The lack of a license tag on the
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collar or harness of a dog or cat or the lack.....
Sec. 5-18. Redemption of impounded animals.
(a) If any animal is impounded and such animal is not re-
deemed within se~eft t~+ three (3) consecutive days after im-
poundment of such animal, including the day of impoundment, the
impounding officer, without notice to the owner of such animal,
if any, may dispose of the animal as provided for in section
5-19, provided, however, if the owner of the animal is known to
the impounding officer or can be identified by the impounding
officer by reason of some marking or collar attachment on the
animal, the impounding officer shall notify the owner of the
fact that his animal has been impounded and that he may redeem
his animal within seven (7) days of notification. The final day
of the se~eft t~+ aay impoundment period........
Sec. 5-19. Disposition of impounded animals.
Any animal impounded under the provisions of this chapter
and not redeemed as provided for in section 5-18 shall become the
property of the New Sffiy~fta Beaeh-Ea~ewaee~ Southeast Volusia
Humane Society. The New Sffiy~fta Beaeh-Ea~ewaee~ Southeast
Volusia Humane Society shall.......
Sec. 5-20. Impounding fees.
The New Sffiy~fta Beaeh-Ea~ewa~e~ Southeast Volusia Humane
Society shall be......
Sec. 5-21. Vicious animals.
The owner of any vicious animal which is not confined in a
building or secure enclosure or any person who shall release,
either wilfully or through a failure to exercise due care or con-
trol, or take such animal out of such building or secure enclo-
sure in such manner which is likely to cause injury to another
person or damage to the property of another person shall be guil-
ty of a misdemeanor and punished as provided in section 5-44 of
this chapter. Any vicious animal not confined as herein provided
shall be impounded and shall be redeemed as provided for in sec-
tion 5-20 of this chapter. If such vicious animal is not redeem-
ed within se~eft t~+ three (3) consecutive business days or if
such vicious animal is impounded a second time for not being con-
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fined as herein provided, the ~ew_~~~Ra_~ch~ZdgewaLe~
Southeast Vol usia Humane Society shall be deemed to be the owner
of and have legal title to such animal and the impounding officer
shall have title to such animal transferred to any public or pri-
vate zoo or to any public law enforcement agency within the
state, or shall destroy such animal.
Exceptions: An animal shall not be deemed vicious if:
It bites, attacks or menaces:
Anyone assaulting the owner, or
A trespasser on the property of the owner, or
Any person or other animal who has tormented or abused
1. )
a.
b.
c.
it, or
2. )
It is otherwise acting in defense of an attack from a
person or other animal upon the owner or other person.
Sec. 5-22. Female dogs and cats in heat.
The owner of any female dog or cat in heat which is not kept
confined in a building or secure enclosure, veterinary hospital
or boarding kennel in such a manner that such female ~ animal
cannot come in contact with another ~~ animal, except for
intentional breeding purposes, shall be guilty of a misdemeanor
and punished as provided for in section 5-44 of this chapter.
Any female dog or cat not confined as herein provided shall be
impounded and shall not be redeemed during said period of heat.
Such f~~~animal shall be redeemed in accordance with the
provisions of subsection 5-l8(b) of this chapter.
Sec. 5-23. Animals infected with rabies.
It shall be the duty of the owner of and any person knowing
of any animal infected with or showing suspicious symptoms of
rabies or any unusual behavior to report the same within twelve
(12) hours to the county health officer or Animal control Officer.
Sec. 5-25 Duties of county health officer, Animal Control
Officer in suspected rabies cases.
Whenever the county health officer or Animal Control Officer
shall be informed that any animal has bitten or scratched any
person or is suspected of having or showing suspicious symptoms
of rabies or any other infectious or contagious disease or any
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unusual behavior, it shall be the duty of said county health of-
ficer or Animal Control Officer to require that:
(b) The quarantine shall be maintained in the holding facil-
ity or, at the owner's request, in a licensed veterinary hospital
of his choice......If quarantine is maintained at the New
Sffiy~fta Beaeft-Ed~ewaee~ Southeast Volusia Humane Society shel-
ter,.....
(e) The owner of any dog vaccinated with an approved anti-
rabies vaccine within the past twelve (12) months, except such
dog exempted from the vaccination in section 5-35, after receiv-
ing approval of the county health officer or Animal Control Of-
ficer may have such dog quarantined and confined in a place other
than the places specified in subsection 5-25(b), and at any time
during the quarantine it is determined by the county health of-
ficer or Animal Control Officer that the quarantine is not proper-
ly maintained in order to insure isolation of the animal, the
privilege of this exemption shall become inapplicable. In the
event this exemption shall become inapplicable, the animal con-
trol officer, at the owner's expense, shall impound the animal in
the New Sffiy~fta Beaeft-Ed~ewaee~ Southeast Volusia Humane Socie-
ty shelter.
(f) Any animal subject to quarantine shall not be vaccinat-
ed before the quarantine period has expired.
Sec. 5-29. License certificate required.
Every person who owns, keeps or harbors within the city any
dog or cat over the age of four (4) months shall obtain an Edge-
water animal license for such de~ animal, except that no li-
cense shall be issued unless such de~ animal shall have....
Sec. 5-30. License tag.
Each dog and cat licensed.....
Sec. 5-31. Issuance of license certificate and tag.
The Edgewater license certificate and license tag or mark
shall be issued by:
1El The City of Edgewater.
121 The Southeast Volusia Humane Society.
Sec. 5-32. License tag to be attached to collar or harness
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of animal.
The metallic license tag shall beattached to the collar or
harness of the dog or cat and shall be worn at all times.
Sec. 5-36. Vaccination of dogs and cats.
Each year every person who shall own, keep or harbor any dog
or cat over the age of four (4) months within the city shall have
such de~ animal vaccinated....
Sec. 5-38. Exceptions to vaccination requirements.
No dog or cat shall require.....
Sec. 5-44. Penalties.
AftY ~e~seft v~e~a~~ft~ e~ deemed ~ft v~e~a~~eft e€ afty e€ ~fte
~~ev~s~efts e€ ~ft~S efta~~e~ fte~ ~ft v~e~a~~eft e€ e~ ~tlft~sfted as
~~ev~ded €e~ ~ft see~~eft 5-45, sfta~~ Be ~tlft~sfted BY a €~fte e€ fte~
me~e ~ftaft efte fttlftd~ed de~~a~s f$~ee.eet e~ BY ~m~~~seftmeft~ ~ft ~fte
e~~y 1a~~ €e~ fte~ me~e ~ftaft ~ft~r~y f3et days, e~ BY Be~ft €~fte aftd
~m~~~seftmeft~. Eaeft day e~ €~aee~eft ~fte~ee€ ~fte v~e~a~~eft
eeft~~fttles sfta~~ Be eefts~de~ed as a se~ara~e e€€eftse.
Any person who violates or causes to be violated any
provision of this article or permits any such violations or fails
to comply with any of the requirements hereof shall be punished
by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment for a period not to exceed sixty (60) days, or by
both such fine and imprisonment. Each day upon which such
violation occurs shall constitute a separate offense.
See. 5-45. A~~erfta~~ve ~efta~~~es.
Afty ~erseft v~e~a~~ft~ er deemed ~ft v~e~a~~eft e€ aftY e€ efte
~pev~s~efts e€ ~ft~S efta~~e~ ~fta~ s~ee~€~ea~~y ~e€e~ ~e ~ft~S
see~~eft sfta~~ Be ~tlft~sfted BY a €~fte e€ fte~ me~e ~ftaft efte fttlftd~ed
de~~ars f$~ee.eet. Eaeft day e~ €~aee~eft ~ftepee€ ~fte v~e~a~~eft
eeft~~fttles sfta!~ Be eefts~dered as a se~apa~e e€€eftse.
SECTION 2. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 3. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
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SECTION 4. This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Councilman Fish
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a REGULAR meeting of
said Council held on the 20 day of August , 1990.
The second reading of this Ordinance to be at a Regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the 17 day of SEPTEMBER , 1990.
ROLL CALL VOTE ON ORDINAlX"t NO. 90-0-33
SECOND READING:
4-5
�Air
uncilman-Zone Four
O18' Ordinance read and adopted on second reading at a
meeting of the City Council of the City�pf�Edge-
wa r, Florida, and authenti07ed this 1- cj�of �tia' ,
1990. / "') n ` 0
Mayor