2025-O-15 - Amending Chapter 5 (Animal Services)ORDINANCE NO.2025-0-15
AN ORDINANCE AMENDING CHAPTER 5 (ANIMAL
SERVICES) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, 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 Council finds that pet licensing and tag requirements are no longer necessary due
to alternative methods of animal identification and registration available through veterinarians and
microchipping, and finther desires to adopt Section 828.12, Florida Statutes, related to cruelty to animals,
in order to align the City's regulations with state law and strengthen protections for animals within the
community.
NOW THEREFORE, BE IT ENACTED by the City Council of the City of Edgewater, Florida:
PART A. AMEND CHAPTER 5 (ANIMAL SERVICES) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA
Chapter 5 (Animal Services) is amended pursuant to Exhibit "A", which is attached and
incorporated herein.
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superseded by this ordinance to the extent of such conflict.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 circumstance.
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PART D. CODIFICATION
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 re -lettered to accomplish such intention;
provided, however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
,aPASSED AND DULY ADOPTED this day of 0. 2026.
Diezel DePew, Mayor
Sara dQgeaity Clerk
Passed on first reading on the t&i- day of Pt2�2.07S
REVIEWED AND APPROVED: Ck k,6& -
Aaron R. Wolfe, ' Attorney
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Exhibit A
Chapter 5 ANIMAL SERVICES
ARTICLE I. IN GENERAL
Sec. 5-1. Short title.
This chapter shall be referred to as the "Animal Services Ordinance of the City of Edgewater, Florida".
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.
Adult. A human being of at least 18 years of age.
Adult animal. Any animal at least four months in age, or older.
Animal. Any living dumb creature capable of self -locomotion and includes. but is not limited to: dogs; cats;
ferrets; 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 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 hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis
and treatment of animal diseases and injuries.
Barking dog. Any dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly
for a period of ten minutes or barks intermittently for one-half hour or more.
Boarder. An animal placed in a kennel for temporary maintenance, care, food, lodging, etc. resulting in
monetary compensation.
Breeder. A person other than a pet dealer who shelters, breeds or trains a breed of dog or cat to conform to
an approved standard of competition. A person who offers animal 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 of any other similar device not intended to permanently injure the animal.
Certificate of registration. A city dangerous -animal registration issued pursuant to this chapter.
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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 of this chapter and that the county court will hear. The citation
must contain:
(1) The date and time of issuance.
(2) 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 of the 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 if the person elects to contest the citation.
(9) The applicable civil penalty if the 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/or she shall be deemed to have waived his/or her 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 if the person is required to appear in court, he/or she 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 F.S. ch. 154 as director of the Volusia County Health
Department and his/or her designated agents.
Cruelty. Any act or omission whereby unjustifiable physical pain, suffering or death of an 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 that dutifully investigated by an animal control officer.
Feral cat. A free roaming, unowned and/or untamed domestic cat. Feral cats may be born in the wild and never
socialized, or may be escaped pets that have reverted to a wild state. A feral cat is also considered as a species of
wildlife. (See wildlife.)
Guard orattack dog. A dog trained to attack on command orto 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 of the United States Animal Disease Eradication Division that shows the age, sex, breed,
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description, and health record of a dog or cat and the name and address of the cosigner and of the cosigned. 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.
Holding or impounding facility. Any holding or impounding facility owned or under contract with the City of
Edgewater for services or one that is designated from time to time by the city.
Humanely shall mean treated by kindness and inflicting no harm or pain. Providing adequate food, water,
shade, warmth. Providing appropriate security from environmental and physical hazards. Providing appropriate
treatment and care for sick or injured animal.
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 or more dogs or cats four 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.
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 18 years of age, that person's parent or
guardian.
Owner responsibilities. An animal owner shall adhere (to] and provide at the minimum the following for the
animal in their care:
(1) Treat an animal in a humane manner and shall provide humane care (which includes, but is not limited
to: providing adequate, food, fresh water, shelter, space and veterinary care to maintain the animal's
health and to prevent or cure disease) for said animal;
(2) The owner must live on the premises with the animal.
(3) Any animal that is kept tethered must be attached to a stationary object, not an object that can become
mobile.
Person. Any natural person or persons, firm, association or corporation.
Pet -sitter (nonprofit). A person who, at the consent of the animal owner, provides temporary care for the
animal at his or her own residence.
Pet -sitting. A person who temporarily cares for an animal at a family member or friend's residence for
temporary care without exceeding the maximum number of animals allowed per residence. The temporary
placement shall not exceed a period of 30 calendar days. At no time shall a nonprofit pet -sitter receive compensation
for this service. Rescue and/or foster families or groups that are approved by Edgewater Animal Services to provide
temporary care for homeless animals that may need medical care are not considered pet -sitters and time periods
may extend past the allowable time if approved by Edgewater Animal Services. After a period of 30 calendar days, a
person who is possessing, harboring, keeping or having control or custody of an animal shall no longer be considered
a pet sitter but shall be considered an owner as defined herein.
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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 to confine 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 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) Any animal that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a
period of ten minutes or barks intermittently for one-half hour or more while not being provoked.
(5) An animal that chases motor vehicles in a public right-of-way;
(6) An animal that is not under restraint as provided in section 5-15;
(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.
Shelter. A secure weather -resistant structure which protects an animal from exposure to the elements and
which is a minimum of six inches higher than the animal's height at full stand with head erect, one and one-half
[times] the animal's full body length, and with sufficient width to permit the animal to turn around.
Spay/neuter contract. Contract between owner and purchaser guaranteeing the animal has been or will be
spayed/neutered.
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Stray. Any unlicensed and unattended animal off the premises of its owner.
Sterilized. 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.
Unaltered/unsterilized. Any animal that has not been spayed or neutered.
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.
Wildlife. Any indigenous or free -roaming animal (i.e., raccoon, opossum, armadillo, squirrels, feral cats).
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. 5-3. Animal control officers.
(a) Animal control officers shall be the enforcement officials for this chapter and in that regard are authorized to
investigate, on public or private property, violations of this chapter, impound animals, issue warnings and
citations, and take other lawful actions as provided herein to enforce the provisions of this chapter. During an
investigation, the animal control officer may request the owner to exhibit the animal, and, if applicable, the
license of such animal.
(b) Animal control officers are not authorized to enter into any dwelling unit, structure or fenced enclosure for
purposes of investigation, but may enter into a fenced enclosure to impound any animal known or suspected
of biting or scratching any person or any animal infected with or showing symptoms of rabies.
(c) Animal control officers are not authorized to bear arms or make arrests. However, animal control officers may
carry a device to chemically subdue and tranquilize an animal, provided that the animal control officer has
successfully completed a minimum of 16 hours of training in marksmanship, equipment handling, safety and
animal care and can demonstrate proficiency in chemical immobilization of animals in accordance with
guidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association.
Sec. 5-4. Interfering with animal control officers.
It shall be a violation of this chapter for any person to interfere with, hinder, resist, or obstruct an animal
control officer in the performance of his or her duties or to release or remove any animal from the custody of an
animal control officer.
Sec. 5-5. Animal control documents.
The following documents shall be maintained by the animal control division:
(1) Accurate and detailed reports and records of the licensing, impoundment and disposition of all animals
coming into the custody of an animal control officer;
(2) Accurate and detailed records of all reported bite cases and investigations for a minimum of three years;
and
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(34) A log containing the date, time, location and description of animal carcasses discovered on public
property in accordance with section 5-21 herein.
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Sec. 5-5.1. Abolishing animal control board.
The animal control board is abolished effective upon adoption of this section. Any matter that would be
heard/considered before the animal control board will now be heard/considered by the special magistrate. Any and
all current/existing and future matters for consideration by the board shall now be delegated to the special
magistrate.
Sec. 5-6. Special magistrate.
(a) Creation, powers and duties. The special magistrate 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 F.S. § 767.12.
(2) Hear appeals regarding the confiscation of a dog to be destroyed pursuant to F.S. § 767.13.
(3) To hear appeals relating to the issuance of a notice of revocation regarding an unaltered animal permit
pursuant to section 5-37.
(4) To subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by any law
enforcement officer of the city or as otherwise permitted by law.
(5) To take testimony under oath.
(6) 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 to 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 any one location.
f. The sterilization of an animal.
g. Any other measure or sanction designed to protect the health and safety of the public.
Sec. 5-7. City designated as bird sanctuary.
All lands within the corporate limits of the city are hereby declared to be and designated as a bird sanctuary.
It shall be unlawful for any person to intentionally kill, trap or injure any bird within said area. It shall be unlawful to
establish, maintain or keep a bird aviary within 100 feet of any structure used for human habitation or work. This
does not apply to a bird inside an owner's dwelling or a permitted business with the appropriate licensing to permit
such activity.
Sec. 5-8. Animals prohibited.
Unless it is provided in an approved Planned Unit Development (PUD) Agreement, it shall be unlawful for an
owner to keep or permit to be kept within the city any horses, hogs, Vietnamese pot-bellied pigs, sheep, goats, bees,
cattle, chickens, or other farm animals, and any animal from the wild, unless said species are both kept on property
appropriately zoned and lawfully permitted, if necessary, by the Florida Fish and Wildlife Conservation Commission.
All venomous snakes permitted by the Florida Fish and Wildlife Conservation Commission shall also be required to
register with the city's animal control division. The prohibition contained herein applicable to horses, hogs,
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Vietnamese pot-bellied pigs, sheep, goats, bees, cattle, chickens, or other farm animals, unless it is provided in an
approved Planned Unit Development (PUD) Agreement, shall not apply to any property within the city that either:
(1) Maintains an agricultural zoning designation or
(2) Was previously zoned for agricultural purposes and proof is made to the city that such species resided
and existed on the property prior to any zoning change and have continuously resided and existed on
the property since the zoning change.
A residential premises shall not exceed a maximum number of five dogs or cats, or a combination thereof, and
must provide proof from a licensed veterinarian that each dog or cat has been sterilized. Any premises that harbors
an unsterilized dog or cat over six months of age must obtain a breeders permit, an unaltered animal permit or both
(those that are applicable under the circumstances).
Sec. 5-9. Reserved.
Sec. 5-10. Feeding of wildlife prohibited.
It shall be unlawful for anyone to feed, entice, shelter or encourage any wildlife, including feral cats as defined
in section 5-2, or as otherwise prohibited by state law.
Sec. 5-11. Wildlife hybrids prohibited.
(a) 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
Florida Fish and Wildlife Conservation Commission ("FWC") 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, as long as they
can provide proof of such residence and existence of that permitted animal prior to that date. However, the
keeping or maintenance of any such animals shall be subject to such regulations as the city council may enact.
(b) All wildlife hybrids not exempted from the provisions of this section shall be deemed contraband and shall be
delivered to a person possessing an appropriate state permit, an animal control officer or 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.
Sec. 5-12. Animals defecating on public or private property prohibited.
(a) No owner of any animal shall cause or allow such animal to defecate on any public or private property other
than that of the owner unless such owner immediately removes and disposes of all feces deposited by such
animal by the following methods:
(1) Collection of the feces by appropriate implement and placement in a container;
(2) Removal of such container to the property of the owner and disposition thereafter in a manner
consistent with applicable laws.
(b) No owner shall permit any waste matter from an animal to collect and remain on the property of the owner
or on the property of others so as to cause or create an unhealthy, unsanitary, dangerous or offensive living
condition.
(c) No owner shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals
maintained at a single location or due to the inadequacy of the facilities.
(d) The owner of any animal shall keep his own property free of animal excrement to the extent that is necessary
to prevent noxious or offensive odors from escaping onto adjacent property or public rights -of -way.
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Sec. 5-13. Animals prohibited in parks and on beaches.
No animal shall enter into or on any public park or beach in the city unless such park or beach is designated
and posted by the city as an animal park. This provision shall not apply to animals assisting disabled persons or dogs
being used by law enforcement officials for law enforcement activities.
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 as defined in section 5-2.
(2) Upon finding an animal at large, an animal control officer may issue a warning or in his/her 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 and finder 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, or the city's
designated holding or impounding facility within two business days unless the person seizing the animal
wishes to keep the animal as his/her own. If the person seizing the animal wishes to keep the animal,
he/she shall notify the animal control officer who shall attempt to determine ownership of the animal.
If no owner is found within three calendar 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 designated
holding or impounding facility shall do so at his/her 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.
(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.
Sec. 5-15. Animals under restraint.
While on or off the property of the owner, it shall be the duty of every owner to keep the animal under restraint
and control as follows:
(1) While on the property of its owner:
a. Reasonable care and precautions shall be taken to prevent the animal from leaving the real property
limits of its owners; and
b. The animal shall be:
1. Securely and humanely confined within a house, building, fence, crate, pen or other enclosure from which
the animal cannot dig, climb, jump or otherwise escape; or
2. Securely and humanely tethered as follows:
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a. The animal must be in visible range of the owner or responsible party, which person must also be outside
with the animal at all times. There is an authorized narrow exception to this sub -condition: The animal owner, or
responsible person, may leave an animal tethered outdoors on the property for a reasonable period not to exceed
30 minutes while such owner or responsible person performs a temporary task indoors or another section of the
property. In no event may the owner or responsible person leave the property while an animal is left tethered and
unattended outdoors.
b. The tether is connected with a swivel hook to the animal's buckle -type collar or a body harness made of
nylon or leather or similar material that is of sufficient size to adequately and safely restrain the animal.
c. The tether is of a size and weight that is reasonably necessary to safely restrain the animal without placing
excessive strain or weight on the animal. It should not exceed one -tenth of the animal's weight, it should be a length
that is at least either five times the length of the animal measured from the nose to the tip of its tail, or ten feet. The
trolley cable must not be elevated more than seven feet above the surface.
d. The animal is not tethered outside in periods of extreme weather, including but not limited to extreme heat
or cold, thunderstorms, lightning, tornadoes, tropical storms, or hurricanes.
e. The animal must have access to adequate water, shelter, shade, and dry ground. The tether must be secured
in such a way that it cannot become entangled with other objects and deprive the animal of water, shelter, shade,
and dry ground.
f. The animal is at least six months of age.
g. The animal is not sick or injured.
h. If there are multiple animals, each animal must be tethered separately and in a manner that does not allow
them to become entangled.
1. There shall be no tethering of any animal during the hours which occur from dusk until dawn; or
3. leashed and controlled at any time the animal is not secured as provided in subsections (1)(b)(1) and
(1)(b)(2) above. The owner or other responsible person must have physical control of the animal on the leash and
must be capable of restricting the animal.
(2) While off the property of the owner that:
a. The animal shall be humanely and securely confined within a vehicle; or
b. The animal shall be caged or tethered in the open bed of a pickup truck as set forth in section 5-22; or
c. The animal shall be securely and humanely confined within a house, building, fence, crate, pen or other
enclosure from which the animal cannot dig, climb, jump or otherwise escape; or
d. The animal shall be humanely tethered as provided in subsection (1)(b)(2) above; or
e. The animal shall be leashed and controlled all times it is not secured as provided in this section. The owner
or other responsible person must have physical control of the animal on the leash and must be capable of restricting
the animal.
Sec. 5-16. Restraint of guard dogs.
(a) Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other
enclosure. Any such enclosure shall be completely surrounded by a fence at least six feet in height and shall
be topped with an anti -climbing device constructed of angle metal braces with at least three strands of equally
separated barbed wire stretched between them.
(b) All anti -climbing devices shall extend inward at an angle of not less than 45 degrees nor more than 30 degrees
when measured from the perpendicular.
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(c) The area of confinement shall have all gates and entrances securely closed and locked and all fences properly
maintained and escape proof.
(d) The area of confinement shall be posted at all gates and along each outside boundary with appropriate warning
signs showing "warning bad dog" along with a picture of a "bad dog".
(e) The provisions of this section shall not apply to dogs owned or controlled by government law enforcement
agencies.
Sec. 5-17. Public nuisance animals prohibited.
It shall be a violation of this chapter for an owner to allow an animal to become a public nuisance animal as
defined in section 5-2 or for an owner to keep a public nuisance animal.
Sec. 5-18. Poisoning or trapping of animals.
(a) An animal control officer may set box or live -cage traps for animals which have allegedly bitten a person or
another animal, for public nuisance animals or for the purpose of humane rescue in the interest of the animal
Itself as determined by an animal control officer. Traps shall not be set during hours when an animal control
officer is unavailable to retrieve or release a captured animal. A trap shall be checked a minimum of once every
eight hours by an animal control officer or the person requesting the trap. Any person who requests a trap for
an animal destroying property shall:
(1) Fill out the appropriate documentation/agreement with the animal control division;
(2) Pay a fee, if applicable as established by resolution of the city council;
(3) Adhere to the policies and requirements for obtaining such trap from the animal control division; and
(4) The person requesting the trap shall immediately notify an animal control officer when an animal is
captured.
(b) Except for the trapping of rats, mice and crabs, the trapping of animals by persons other than an animal control
officer or without a permit from the Florida Fish and Wildlife Conservation Commission ("FWC") is prohibited.
Animal control officers are authorized to confiscate any trap used in violation of this section.
(c) No person shall leave or deposit any poisonous or injurious substance of any kind on public or private property
which would injure or kill an animal except as set forth below:
(1) When contracting the services of a professional, licensed exterminator for moles only commercial
mechanical devices intended for that purpose shall be used.
(2) Products, substances or poisons which are completely enclosed in a tamper -resistant or tamper -proof
bait station accessible only to rats and mice.
(d) Professional trappers or trappers for hire not retained by the city shall obtain a business tax receipt and
certificate of use (if applicable), register with an animal control officer and adhere to all requirements
contained in this section.
Sec. 5-19. Cruelty to animals prohibited.
(a) It shall be unlawful for an owner to by act or omission inflict cruelty on an animal.
(b) No owner shall abandon an animal.
(c) It shall be unlawful for any person to strike, beat, abuse or intentionally run down with a vehicle any animal,
or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death upon such animal.
However, reasonable force may be used to drive away vicious or trespassing animals.
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(d) The provisions of Section 828.12, Florida Statutes as amended are hereby adopted and incorporated by
reference and may be enforced by the City of Edgewater.
Sec. 5-19.1. Animal neglect prohibited.
(a) It shall be unlawful forany person to neglect any animal as defined in section 5-2.
Sec. 5-20. Female animals in heat.
An owner of a female animal in heat must be in compliance of section 5-37 (Mandatory spay and neuter) and
have complied with the requirements to hold an unaltered animal permit for said female animal.
It shall be a violation of this chapter for the owner of any female animal in heat to fail to keep the animal
confined in a building or secure enclosure, veterinary hospital or boarding kennel in such a manner that the female
animal cannot come in contact with another animal except for controlled and intentional breeding purposes. Any
female animal not confined as herein provided shall be impounded and shall not be redeemed during the period of
heat. Such animal shall be redeemed in accordance with the provisions of section 5-41.
Sec. 5-20.1. Attempting to breed.
An unsterilized male animal attempting to breed with a female in heat who is in compliance of section 5-20
(Female animals in heat) and section 5-37 (Mandatory spay and neuter), shall be found in violation of section 5-14
(Running at large prohibited), [and] section 5-37 (Mandatory spay and neuter) and shall also be in violation of this
section.
Sec. 5-21. Disposition of dead animals.
(a) When any animal dies for any reason other than rabies or a suspicion of rabies, the owner shall immediately
dispose of the carcass of such animal by burying it at least three feet below the surface of the ground. If the
animal dies as a result of rabies or if rabies is suspected, the carcass shall be surrendered to the animal control
officer pursuant to section 5-54.
(b) When an animal control officer discovers a dead animal on private property, the animal control officer shall
provide written notice to the owner, ordering the owner to dispose of the carcass within 24 hours. If the owner
fails to comply or cannot be located, the animal control officer shall dispose of the carcass and shall bill the
owner for the cost of disposal.
(c) When an animal control officer discovers a dead animal on public property, the animal control officer shall
dispose of the carcass and make a reasonable effort to identify and notify the owner of the animal.
(d) A log shall be maintained by the animal control division listing the date, time and location where a carcass was
discovered and a description of the animal for the purpose of providing information to owners seeking
information on missing animals.
Sec. 5-22. Animals transported in vehicles.
Any animal transported in any open vehicle shall either be within a cage, crate or pen which is well -ventilated
and secured within the body of the vehicle or restrained by a tether affixed to the center of the vehicle and attached
to the collar or harness of the animal so as to prevent the animal from escaping or causing injury to itself or any
person. The tether shall be short enough to prevent the animal's head from reaching the sides or back of the vehicle.
Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other
agricultural livestock in trailers or other vehicles designated and constructed for such purposes.
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Sec. 5-23. Duties of driver when vehicle strikes animal.
Any operator of a motor vehicle who strikes an animal shall immediately report such injury or death to the
animal's owner. In the event the owner cannot be located, the motor vehicle operator shall report the accident as
soon as possible to an animal control officer.
Sec. 5-24. Dogs and cats transported or offered for sale or gift.
Any dog or cat transported into the city for sale or offered in the city for sale or gift shall be subject to the
health requirements set forth in F.S. § 828.29. City -operated or county -operated animal control agencies and
registered, nonprofit humane organizations shall be exempt from the provisions of this section.
Sec. 5-25. Confinement of animals without sufficient food, water, or exercise; abandonment of
animals.
The provisions of Section 828.13, Florida Statutes, as amended, are hereby adopted and incorporated by
reference and may be enforced by the City of Edgewater.
Secs. 5-26-5-29. Reserved.
ARTICLE II. VACCINATIONS,-6I6€Ng" AND PERMITS
Sec. 5-30. Vaccination of dogs, cats and other animals.
All dogs, cats, ferrets and other animals that a veterinarian would normally vaccinate, four months of age or
older, must be vaccinated by a licensed veterinarian against rabies with a vaccine that is licensed by the United States
Department of Agriculture for use in those species. The owner of every dog, cat, ferret and other animal shall have
that animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall
conform to the vaccine manufacturer's directions. The cost of vaccination must be borne by the animal's owner.
Evidence of circulating rabies virus neutralizing antibodies shall not be used as a substitute for current vaccination
in managing rabies exposure or determining the need for booster vaccinations.
°^^ r v, '°^^^9^ reGlUiFed Sec.5-31 RESERVED
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Sec. 5-32. License %ag afld Bbreeder permit tag.
Fnetallie
theatsense
PpFltifipatp. The PnIRF of the mptallir licppcp tag shall be diff2Fent than that 9f the bFeedeF peFFAit tag.
W Breederpermit tag. Persons breeding animals shall register and be issued a separate breeder permit tag upon
completion and approval of the breeder permit application process through animal control. Each breeder
permit tag shall have a license identification number which corresponds to the number on the breeder permit.
The color of the metallic breeder permit tag shall be different than that of the license tag. Breeder permit tags
shall be valid for one year from the date of issuance and for only one animal.
Breeders will be required to obtain the appropriate business tax receipt from the city to operate business as a
breeder.
Sec. 5-33. LiGense tag and Rcabies tag to be attached to collar or harness of animal.
The eity et lk IlEen... tag and8 rabies tag shall be attached to the collar or harness of the animal which shall
be worn at all times that the animal is Off of its fegisteFed-property.
Sec. 5-34 RESERVED
Sec. 5-35. Exceptions to vaccination requirements.
No dog or cat shall require vaccination if:
(1) A licensed veterinarian has examined the animal and certified that at such time vaccination would
endanger its health because of its age, infirmity, debility, illness or medical consideration; and
(2) A certificate evidencing such exception is presented to the city.
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An exempt animal shall be vaccinated against rabies as soon as its health permits.
Sec. 5-36. Breeding facilities and kennels.
The owner of a breeding facility must be in good standing and have registration privileges intact with the
appropriate national animal registry. The owner must have three years' documented experience in show clubs and
participation in show trials.
(a) Residential areas.
(1) No person shall establish or maintain animal breeding on their residential premises without first
obtaining an annual breeder permit and license tag for each unsterilized adult animal intended for
breeding purposes. The license fee shall be established by resolution of the city council.
(2) Any animal intended for breeding must be a household pet and reside primarily inside the
residence.
(3) At no time will the total number of adult animals exceed three per licensed breeder residence.
(4) The offspring of the animals bred may be sold by the owner upon compliance with all city, county
and state requirements.
(5) There shall be only one species of dog or cat bred at any licensed breeder residence. There shall
be no more than one litter produced per year per animal with a maximum of two litters per breeder
residence per year.
(6) 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.
(7) Any person who is a breeder shall obtain an annual business tax receipt and certificate of use for
their business.
(b) Kennels.
(1) Kennels shall be located in compliance with the Edgewater Land Development Code and the owner
shall be required to obtain an annual business tax receipt and certificate of use for their business.
(2) Kennel owners must live on the premises.
(3) No person shall establish or maintain animal breeding in a kennel without first obtaining an annual
breeder permit and license tag for each unsterilized 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.
(5) A boarder shall not reside in a kennel for more than three weeks per visit, nor more than 45
calendar days annually.
(c) 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) Supply 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
F.S. § 828.29.
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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 facilities 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 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 odors.
(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 form rain. Shelter shall be provided for all
animals when the ambient temperature falls below 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 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 per week.
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(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, ectonarasites and avian and
mammalian pests shall be established and maintained.
(f) Inspections and enforcement. Annual inspections of breeding facilities and kennels shall be conducted
by the animal control officer. An animal control officer may, without notice, inspect breeding facilities
and kennels in the investigation of a complaint against such facility.
Sec. 5-37. Mandatory spay and neuter.
(a) Purpose. The unintended or uncontrolled breeding of dogs and cats within the city leads to many becoming
unwanted strays, suffering privation, constituting a public nuisance and health hazard and can result in death.
The unintended or uncontrolled breeding results in numerous animals being impounded and euthanized at
great expense to the community. It is, therefore, declared that every feasible means of reducing the number
of unwanted dogs, cats, puppies, and kittens be encouraged.
(b) Spaying, neutering of dogs and cats.
(1) Requirement. No person may harbor a dog or cat six months of age or older within the city that has not
been spayed or neutered unless such person holds an unaltered animal permit for each unaltered dog
or cat, unless the dog or cat is otherwise exempt under this section.
(2) Unaltered animal permit
a. Qualifications. An owner of an unaltered dog or cat shall qualify for an unaltered animal permit if
one of the following is satisfied:
1. Shows and competitions. The dog or cat is used to show, to compete or to breed, which is of
a breed recognized by and registered with the American Kennel Club (AKC), United Kennel
Club (UKC), American Dog Breeders Association (ADBA), Cat Fanciers' Association (CFA), or
other bona fide registry and meets one of the following requirements:
i. The dog or cat has competed in at least one show or sporting competition
sanctioned by a bona fide national registry within the last 365 calendar days;
ii. The dog earned conformation, obedience, agility, carting, herding, hunting,
protection, rally, sporting, working or other title from a purebred dog registry,
referenced above, or other registry or dog sport association; or
iii. The owner of the dog or cat is a member of, and the dog or cat is registered with,
a bona fide purebred dog breed club or cat fancier's association, which maintains
and enforces a code of ethics for dog or cat breeding that includes restrictions
from breeding dogs or cats with genetic defects and life -threatening health
problems that commonly threaten the breed, or the owner signs a statement
under oath attesting that the dog or cat is being trained to comply with
subsections i. or ii., above.
2. Medical fitness. A veterinarian licensed in the state certifies in writing that a dog or cat is
medically unfit to undergo the required spay or neuter procedure because of a medical
condition, including, but not limited to, age, would be substantially aggravated by the
procedure or would likely result in the death of the dog or cat. The certification must state
the date, if any, by which the dog or cat may be spayed or neutered. As soon as the medical
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condition that prevents a dog or cat from being spayed or neutered ceases to exist, it shall
be the duty of the owner to have it spayed or neutered within 30 calendar days.
3. taw enforcement. The dog is currently used by a law enforcement agency for law
enforcement purposes or is part of a bona fide law enforcement animal breeding program.
The owner shall comply with this article relating to breeder permits, facilities, etc.
4. Service animals. A dog or cat that is a service animal as defined in this chapter, 28 CFR 36.104
and F.S. § 413.08 or is part of a bona fide service animal breeding program. The owner shall
comply with this article relating to breeder permits, facilities, etc.
5. Breeders. The owner demonstrates to the animal control division proof of a breeding
contract for a particular dog or cat, membership in a bona fide national, state or local
organization for the perpetuation of a given breed of dog or cat, or proof of a litter produced
by breeding of the dog or cat within the last 365 calendar days.
6. Hunting and herding dogs. The dog is currently used as, or trained to be, a hunting or herding
dog and the dog is registered with a bona fide national, state or local hunting or herding dog
association. Alternatively, the owner of the dog signs a statement under oath attesting that
the dog is used, trained, or will be trained to be a hunting or herding dog.
None of the aforementioned qualifications shall be construed to authorize the breeding or
harboring of dogs or cats in violation of the Zoning Code of the City, or exempt the owner or
their dog or cat from any other provisions of this chapter.
b. Deadline. A dog or cat governed by this section shall be spayed or neutered by its owner or, if
eligible, the owner shall obtain an unaltered animal permit within 30 calendar days of the dog or
cat becoming six months of age, or by September 1, 2011, whichever is later in time, or, in the case
of an owner whom acquired a dog or cat after it becoming six months of age, 30 [days] of
acquisition.
C. Microchipping. As a condition to obtaining an unaltered animal permit, an eligible dog or cat must
be implanted with an identifying microchip and the owner must provide the microchip number to
the animal control division. This requirement shall not apply to hunting or herding dogs.
d. Place of residence. The address of the owner shall be presumed to be the residence of the dog or
cat. All changes of address must be reported to the animal control division within 30 calendar days
following such change.
e. Change in ownership. A permit holder shall notify the animal control division and the national
registry applicable to the implanted microchip in writing of any change in ownership of a dog or
cat within 30 calendar days.
f. Term of permit An unaltered animal permit shall be valid for the life of the dog or cat.
g. Revocation. Upon receipt of information of violation of this section, the animal control division may
issue a notice of revocation to a permit holder. The notice of revocation shall provide a summary
of the information of the violation and shall be sent by certified mail, return receipt requested,
hand delivery by a police officer, or animal control officer, or upon posting of the property at the
address listed in the permit application. Any request for hearing shall be filed by the permit holder
with the animal control division within ten calendar days after the permit holder's receipt of said
notice. The permit holder shall set forth the reasons why the permit holder believes the revocation
would be an error. Failure to timely request a hearing shall render the revocation final. All hearings
shall be conducted by the special magistrate within 30 calendar days after the receipt of a request
for hearing and in accordance with section 5-6. The original of the board's written decision shall be
filed with the animal control division and copies shall be mailed
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to the city attorney and permit holder. The original of the board's written decision shall be filed
with the animal control division and copies shall be mailed to the city attorney and permit holder.
h. Penalty. Any person who violates any provision of this section is subject to the enforcement
procedures and penalties of this chapter. These penalties shall not preclude the issuance of a
notice of revocation to a holder of an unaltered animal permit for violations of this section.
(3) Exemptions. A dog or cat that meets the following criteria shall be exempt from this section and not be
required to obtain an unaltered animal permit:
a. A dog or cat temporarily harbored within the city for less than 30 calendar days within any calendar
year.
(4) Fee. A permit fee shall be paid at the time of application. The unaltered/unsterilized animal permit fee
shall be established by resolution of the city council.
Secs. 5-38, 5-39. Reserved.
ARTICLE III. IMPOUNDMENT
Sec. 5-40. Impoundment.
(a) Animals subject to impoundment An animal control officer shall have the authority to pick up, capture, catch,
procure and impound in a holding facility any animal found on public or private property, subject to section 5-
52, and under the following conditions:
(1) Any animal suspected or believed to be infected with rabies or any infectious disease. An animal
suspected of having or exhibiting symptoms of rabies or an infectious or contagious disease shall be
segregated from other animals.
(2) Any animal not licensed or permitted as provided for in this chapter.
(3) Any animal running at large.
(4) Any animal constituting a public nuisance.
(5) Any animal that has been or is being mistreated.
(6) Any lost, abandoned or unattended animal.
(7) Any dog that appears to be running in a pack. For the purposes of this section a pack shall mean three or
more dogs.
(8) Any dangerous animal not in compliance with the written notification of their classification.
(9) Any animal being considered for dangerous animal classification.
(10) Any female animal in heat which is not properly confined by its owner pursuant to section 5-20.
(11) Any wildlife hybrid for which the owner does not have a proper permit.
(12) Any animal that is in violation of any quarantine or confinement order of an animal control officer.
(13) Any unattended animal that is ill, injured or otherwise in need of care.
(14) Any animal that a court of competent jurisdiction has ordered impounded or destroyed.
(b) Incapacity of owner. If the owner of an impounded animal is incarcerated or otherwise rendered temporarily
unable to care for the animal, the impounding facility or shelter having custody of the animal will hold the
animal up to three days. During this three-day period, all reasonable means will be utilized in an attempt to
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contact the owner to make arrangements for care of the animal impounded. If no arrangements are made,
custody will then revert to the city's animal shelter for adoption or euthanasia if necessary.
(c) Sterilization. Any animal impounded two times within a 12-month period must be sterilized prior to return to
its owner. Sterilization will be at the owner's expense. Any animal determined by a licensed veterinarian and
the city's animal services division to be at risk of unintended adverse effects from the sterilization procedure
is exempt from this section.
Sec. 5-41. Disposition of impounded animals.
(a) When an animal bears an indicia of ownership or whenever the owner of an impounded animal can be
determined, the animal control officer shall notify the owner of the animal's impoundment by the most
expedient means, i.e., telephone message, posted written notice, or certified mail, return receipt requested.
(b) If an animal is not claimed within three days after impoundment, the animal shall be deemed unowned or
abandoned and shall be disposed of pursuant to the requirements of this chapter and the rules and regulations
of the impounding facility.
(c) The final day of the impoundment period shall only occur on a day in which the impounding facility is open for
normal operating activities. Upon proof of ownership, payment of any impoundment fees, and the
procurement of any required vaccinations and tags, the owner of an impounded animal is entitled to resume
possession. However, in the event that an animal has been impounded due to cruelty, mistreatment or public
nuisance, the owner shall only be entitled to redemption of the animal after the animal control officer
authorizes such redemption. Proof of ownership may include a license receipt, affidavits of neighbors,
photographs or other reliable documentary evidence.
(d) Upon determination of cruelty, abuse, neglect or abandonment, the animal control officer may impound an
animal for a period in excess of three days. In that case, the impounding facility shall not dispose of the animal
until so directed by the animal control officer.
(e) Any unclaimed animal shall become the property of the impounding facility after the three-day hold period,
and may be humanely destroyed, maintained or disposed of by gift, sale or adoption pursuant to the
requirements of this chapter and the rules and regulations of the impounding facility.
(f) The impoundment period may be waived for any animal (including feral cats) that appear to be injured, ill or
a danger to themselves or others.
(g) The impoundment period may also be waived for all avians, reptiles, venomous snakes and any other exotic
animal unable to be safely impounded by the city, as determined by the animal control officers.
Secs. 5-42-5-49. Reserved.
ARTICLE IV. RABIES
Sec. 5-50. Animals infected with rabies; reporting requirements.
(a) It shall be the duty of the owner and any person knowing of any animal infected with or showing symptoms of
rabies or any unusual behavior to report the same immediately to an animal control officer.
(b) It shall be the duty of any person bitten or scratched or having knowledge of or treating any person bitten or
scratched by any animal to immediately report the fact of such bite or scratch to the animal control officer. It
shall be the duty of any person knowing of or treating any animal bitten by another animal having or suspected
of having rabies to report those facts immediately to an animal control officer.
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Sec. 5-51. Duties of animal control officer.
(a) When an animal control officer is informed that an animal has bitten or scratched a person or that an animal
is suspected of having or showing symptoms of rabies, any other infectious or contagious disease or any
unusual behavior, the animal control officer shall:
(1) Capture such animal. In the capture of such animal the animal control officer shall not kill such animal
unless in its capture a clear and present danger of harm or injury to the animal control officer or other
persons exists. Such animal shall be placed in quarantine for observation for a period of at least ten days
from the date of the bite or scratch. The owner of such animal shall relinquish possession of the animal
for the purpose of quarantine, subject to section 5-52.
(2) Detach without mutilation and send to a state board of health laboratory for pathological examination
the head of any wild animal or any animal tamed from a wild environment, which has bitten or scratched
any person, if in the opinion of the animal control officer such injury was the result of an aggressive and
overt act or such animal is suspected of having or exhibits symptoms of having rabies, or if such is the
request of the person bitten or scratched, his or her parent or legal guardian, or his or her physician and
the animal control officer.
(b) Quarantine shall be maintained in the impoundment facility or at the owner's request in a licensed veterinary
hospital of his choice. Any animal under quarantine shall not be released or moved from the place of the initial
quarantine confinement unless permission is obtained from the animal control officer. The owner, if any, shall
bear the cost of the care, feeding and maintenance of a quarantined animal.
(c) The owner of any dog vaccinated with an approved rabies vaccine within the past 12 months, after receiving
approval of the animal control officer may have such dog quarantined in an alternate location. At any time
during the quarantine it is determined by the animal control officer that the quarantine is not properly
maintained, the animal control officer, at the owner's expense, shall impound the animal in the impoundment
facility.
(d) Any animal subject to quarantine shall not be vaccinated before the quarantine period has expired.
Sec. 5-52. Surrender of animal for quarantine or destruction.
Subject to constitutional prohibitions against unreasonable searches and seizures, an animal control officer
may request an animal owner to surrender any animal for quarantine or destruction. Should an animal owner decline
to surrender an animal, the animal control officer is authorized to seek assistance from the city attorney to pursue
all legal recourse as provided under all applicable laws.
Sec. 5-53. Killing or removal of rabid animal.
It shall be a violation of this chapter for any person except an animal control officer pursuant to section 5-51
to kill or cause to be killed, or to remove from the city without consent of an animal control officer any rabid animal,
any animal suspected of having or showing symptoms of rabies or any other infectious or contagious disease or
unusual behavior, or any animal biting a human.
Sec. 5-54. Surrender of carcass of rabid animal.
It shall be a violation of this chapter for any person to refuse to surrender to an animal control officer the
carcass of any dead animal exposed to or suspected of having been exposed to rabies.
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Secs. 5-55-5-59. Reserved.
ARTICLE V. DANGEROUS DOGS
Sec. 5-60. Dangerous dogs.
(a) F.S. §§ 767.01 through 767.16 and all subsequent amendments regulating dangerous dogs are adopted by
reference and incorporated herein.
(b) An animal control officer shall investigate reported incidents involving any dog that may be dangerous and
shall, if possible, interview the owner and require a sworn affidavit from any person desiring to have a dog
classified as dangerous. Any animal that is the subject of a dangerous dog investigation and is not impounded
shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome
of the investigation and resolution of any hearings related to the dangerous dog classification. The address of
the location where the animal is confined shall be provided to the animal control officer. No dog that is the
subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of
an investigation or any hearings related to the determination of a dangerous dog classification. In the event
that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. 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 if the dog was protecting or defending a human being
within the immediate vicinity of the dog from an unjustified attack or assault.
(c) After the investigation, the animal control officer shall make an initial determination as to whether there is
sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior
to making a final determination. The animal control officer shall provide written notification of the sufficient
cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the
provisions of F.S. chapter 48 relating to service of process. The owner may file a written request for a hearing
before the special magistrate within seven calendar days from the date of receipt of the notification of the
sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 21
calendar days and no sooner than five days after receipt of the request from the owner.
(d) Once a dog is classified as a dangerous dog, the animal control officer shall provide written notification to the
owner by registered mail, certified hand delivery or service in conformance with the provisions of F.S. chapter
48. The owner may file a written request for a hearing in county court to appeal the classification within ten
business days after receipt of a written determination of dangerous dog classification. The owner must confine
the dog in a securely fenced or enclosed area pending a resolution of the appeal.
(e) Within 14 days after a dog has been classified as dangerous by the special magistrate or a dangerous dog
classification is upheld by the county court, the owner of the dog must obtain a certificate of registration for
the dog from the city. The certificate shall be renewed annually. Certificates of registration, and renewals
thereof, shall only be issued to persons who are at least 18 years of age and who present to the city sufficient
evidence of:
(1) A current certificate of rabies vaccination for the dog.
(2) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible
warning sign at all entry points that informs both children and adults of the presence of a dangerous dog
on the property.
(3) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.
The registration fee shall be established by resolution of the city council and shall provide for a reduced fee for
sterilized animals.
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(f) The owner of a dangerous dog shall immediately notify the animal control officer when a dog that has been
classified as dangerous:
(1) Is loose or unconfined.
(2) Has bitten a human being or attacked another animal.
(3) Is sold, given away, or dies.
(4) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone
number of the new owner to an animal control officer. The new owner must comply with all of the requirements of
this section even if the animal is moved elsewhere in the state. An animal control officer must be notified by the
owner of a dog classified as dangerous that the dog is in her jurisdiction.
(g) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the
dog is muzzled and restrained by a substantial chain or leash and under the control of a competent person.
The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or
respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely
fenced or enclosed area that does not have a top without a muzzle or leash if the dog remains within his or
her sight and only members of his or her immediate household or persons 18 years of age or older are allowed
in the enclosure when the dog is present. When being transported, such dogs must be safely and securely
restrained within a vehicle.
(h) Hunting dogs are exempt from the provisions of this section when engaged in any legal hunt. However, such
dogs at all other times and in all other respects shall be subject to the provisions of this chapter. Dogs that
have been classified as dangerous shall not be used for hunting purposes.
(1) This section does not apply to dogs used by law enforcement officials for law enforcement work.
(j) The fee for issuance of a dangerous dog certificate of registration shall be established by resolution of the city
council.
(k) Any person who violates any provision of this section guilty of a noncriminal infraction punishable by a fine
not exceeding $500.00.
(1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without
provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. §§ 775.082
or 775.083. In addition, the dangerous dog shall be immediately confiscated by an animal control officer,
placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten business days
after the owner is given written notification and thereafter destroyed in an expeditious and humane manner.
This ten-day time period shall allow the owner to request a hearing before the special magistrate. The owner
shall be responsible for payment of all boarding costs and other fees as may be required to humanely and
safely keep the animal during any appeal procedure.
(m) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the
dog shall be immediately confiscated by an animal control officer, placed in quarantine, if necessary, for the
proper length of time or held for ten business days after the owner is given written notification, and thereafter
destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a
hearing before the special magistrate. The owner shall be responsible for payment of all boarding costs and
other fees as may be required to humanely and safely keep the animal during any appeal procedure. In
addition, if the owner of the dog had prior knowledge of the dog's dangerous propensities, yet demonstrated
a reckless disregard for such propensities under the circumstances, the owner of the dog is guilty of a
misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.
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(n) If a dog that has previously been declared dangerous attacks and causes severe unaware [injury] to or death
of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. §§ 775.082,
775.083 or 775.084. In addition, the dog shall be immediately confiscated by an animal control officer, placed
in quarantine, if necessary, for the proper length of time or held for ten business days after the owner is given
written notification and thereafter destroyed in an expeditious and humane manner. This ten-day time period
shall allow the owner to request a hearing before the special magistrate. The owner shall be responsible for
payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during
any appeal procedure.
(o) If the owner files a written appeal, the dog must be held and may not be destroyed while the appeal is pending.
The owner is responsible for any and all fees while the animal is being held pending appeal.
(p) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time
of attack, the owner is not guilty of any crime specified under this section.
Secs. 5-61-5-63. Reserved.
ARTICLE VI. RESERVED
Secs. 5-64-5-69. Reserved.
ARTICLE VII. ENFORCEMENT AND PENALTIES
Sec. 5-70. Enforcement.
(a) An animal control officer who has probable cause to believe that a violation of this chapter has occurred shall
do one or more of the following:
(1) Issue a warning to the person who has committed the violation.
(2) Issue a citation to the person who has committed the violation.
(3) Impound the animal involved.
The determination that a violation has occurred may be the result of the animal control officer's own investigation
or as the result of a complaint by an aggrieved person.
(b) A violation of this chapter, except as otherwise provided, constitutes a civil infraction punishable by a civil
penalty no to exceed $500.00. Penalties for violation of specific sections of this chapter shall be established by
resolution of the city council. If a person who has committed the violation does not contest the citation, a civil
penalty of less than the maximum allowed will be assessed. Any citation may be contested in county court.
(c) Each day or fraction thereof during which a violation of this chapter continues shall be considered as a separate
offense.
(d) It shall be mandatory for an owner of an animal to appear in court under the following circumstances:
(1) When any violation of this chapter results in the unprovoked biting, attacking or wounding of another
animal.
(2) When any violation of this chapter results in the destruction or loss of personal property and such
destruction or loss exceeds $100.00 in value.
(3) When a person is cited with a second or subsequent violation of section 5-19 involving animal cruelty.
(4) When a person is cited with a third or subsequent violation of any section of this chapter.
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(e) If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court
as required, the court may issue an order to show cause upon the request of the city. This order shall require
the person to appear before the court to explain why action on the citation has not been taken. If any person
who is issued such an order fails to appear in response to the court's directive, that person may be held in
contempt of court.
(f) The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a
preponderance of the evidence.
(g) Any person who willfully refuses to sign and accept a citation issued by an animal control officer is guilty of a
misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.
(h) The city council may by resolution impose a surcharge in an amount as authorized pursuant to F.S. §
828.27(4)(b) upon each civil penalty imposed for violation of this chapter. The proceeds from such surcharge
shall be used to pay the costs of training for animal control officers.
(i) Once the city prevails in any action related to a violation or determination under this chapter, the city shall be
entitled to recover from the person committing the violation all administrative costs associated with the
proceeding and all costs incurred by the city in harboring the animal during the course of the proceeding.
(j) In addition to the civil penalty, the city shall include on the citation any costs assessed against the owner of an
animal by operation of this chapter which remain unpaid as of the time a citation is issued.
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