2009-O-02
ORDINANCE #2009-0-02
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA AMENDING AND RESTATING CHAPTER 5
(ANIMALS AND FOWL) OF THE CITY OF EDGEW A TER
CODE OF ORDINANCES IN ITS ENTIRETY; PROVIDING
FOR NOTICE TO THE COURT ADMINISTRATOR,
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater amended and restated Chapter 5 (Animals & Fowl)
pursuant to the adoption of Ordinance Number 97-0-08.
2. In 2001 and 2002, the City slightly modified certain sections pursuant to the
adoption of Ordinance Numbers 2001-0-06 and 2002-0-21.
3. It is in the best interests of the Citizens of the City of Edgewater to amend and
restate Chapter 5 (Animals & Fowl) in its entirety in an attempt to incorporate rules and
regulations relating to Animal Services, the Animal Shelter and Animal Control for consistency
with current statutes and to be contained in a single document.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A.
AMEND AND REST A TE CHAPTER 5 (ANIMALS &
FOWL) OF THE CODE OF ORDINANCES IN ITS
ENTIRETY FOR THE CITY OF EDGEW A TER, FLORIDA
Chapter 5 is hereby amended and restated to read as follows:
Chapter 5 (Animals & Foy;,l Services)
ARTICLE I. IN GENERAL
Sec. 5-1.
Short title.
This chapter shall be referred to as the "Animal Control Services Ordinance of the City of
Edgewater, Florida".
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Sec. 5-2.
Definitions.
As used in this chapter the following terms shall have the meaning ascribed to them
herein:
Abandonment: To forsake entirely or to neglect or refuse to provide for the care and
support of an animal.
A CB: The animal control board.
Adult: A human being of at least eighteen (18) years of age.
Adult animal: Any animal at least four (4) months in age, or older.
Aggrcssi','c animal: Any animal that 'Nithout provocation constitutes a physical threat to
human beings or other animals.
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 of Edgewater
whose duty it is to enforce this chapter or any other law relating to the licensure of animals,
control of animals or seizure and impoundment of animals and includes any state or local law
enforcement officer or other employee whose duties in whole or part include assignments that
involve the seizure and impoundment of any animal.
Animal exposed Ie mbics: ,^~ny animal which has been bitten by or has been associated
'l/ith any animal determined by the county health officer or the animal control officer to be
infected with rabies or suspected of being infected with rabies.
Animal hospital: Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis and treatment of animal diseases and injuries.
Animal under restraint: An animal secured by a leash or lead and under the control of a
person physically capable of restraining the animal and obedient to that person's commands or
securely enclosed within the real property limits of the owner's premises. Animal under restraint
shall also include the following:
(l) While on the property of its owner that:
a. Reasonable care and precautions are taken to prevent the animal from leaving,
while unattended, the real property limits of its owners; and
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b. The animal is:
1. Securely and humanely confined within a house, building, fence,
crate, pen or other enclosure; or
2. Humanely secured by chain, cable and trolley, rope or tether of
sufficient strength to prevent escape; or
3. Leashed and controlled or otherwise controlled by a responsible
person and is obedient to the commands of a person present v:ith the
animal at any time it is not secured as provided for in subsection (1)
or (2) above.
(2) While off the property of the owner that:
a. The animal is securely confined within a vehicle; or
b. The animal is caged or tethered in the open bed of a pick-up truck as set forth
in section 5-22; or
c. The animal is securely and humanely confined within a house, building, fence,
crate, pen or other enclosure; or
d. The animal is humanely secured by a chain, cable and trolley, rope or tether of
sufficient strength to prevent escape; or
e. That the animal is leashed and controlled or othef\'lise controlled by a
responsible person or is obedient to the commands of a person present "'lith
the animal at any all time~ it is not secured.
Animals of utility: .^.nimals which are customarily kept and maintained for utility rather
than as pets and shall include horses, cattle, chickens and other poultry, swine, goats, sheep and
bees-:
Barking dog: Any dog that barks, bays, cries, howls or makes any other noise
continuously and/or incessantly for a period of ten (10) minutes or barks intermittently for one-
half (112) hour or more. However, a dog shall not be deemed a "barking dog" for the purposes of
this chapter if at the time the dog is barking or making any other noise a person is trespassing or
threatening to trespass upon private property in or upon which the dog is situated or for any other
legitimate cause such as the dog is being teased or provoked.
Boarder: An animal placed in a kennel for temporary maintenance, care, food, lodging,
etc. resulting in monetary compensation. .^~ boarder shall not reside in a kennel for more than
three (3) 'Neeks per ':isit, nor more than forty five (15) days annually.
Breeder: Any person who: offers pet quality dog or cat 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 or any other similar device not intended to
permanently injure the animal.
Certificate of registration: A city dangerous animal registration issued pursuant to this
chapter.
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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:
(I) 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 Chapter 154, Florida Statutes,
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.
/\ dog shall not be declared dangerous if the threat, injury or damage was sustained by a person
who at the time '.vas unlmvfully on the property or ',vhile 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 '.vas protecting or defending a human being '.vi thin the immediate
vicinity of the dog from an unjustified attack or assault.
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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 or attack dog: A dog trained to attack on command or to protect persons or
property and who will cease to attack upon command.
Health certificate: A certificate signed by a veterinarian licensed by the state of origin or
an authorized veterinary inspector of the United States Animal Disease Eradication Division that
shows the age, sex, breed, description, and health record of an animal dog or cat and the name
and address of the co-signor and of the co-signed. The certificate shall list vaccines administered
to the dog or cat animal and shall state that the animal has no contagious or infectious diseases
and has no intestinal or external parasites, including coccidiosis and ear mites.
Heel: ',\Then a dog is directly behind or next to a person and obedient to that person's
command.
Holding or impounding facility: +he Any holding or impounding facility owned
currently or under contract with the eCity of Edgewater for services or one that is designated
from time to time by the city.
Impoundment: The taking into custody of an animal by an animal control officer.
Kennel: Any place of business where dogs or cats regardless of number are kept for sale,
breeding, boarding or treatment purposes, except an animal hospital, grooming facility or pet
shop. The term "kennel" shall include any premises used for residential purposes where four (4)
or more dogs or cats four (4) months or older are kept, harbored or maintained for monetary
compensation.
Licensed veterinarian: Any person who IS licensed to engage III the practice of
veterinary medicine in the State of Florida.
Muzzle: A device designed to fasten over the mouth of an animal to prevent the animal
from biting any person or other animal.
Neglect: Failure to provide food, water, protection from the elements, or other care
generally considered to be normal, usual and accepted for an animal's health and well being.
Neutered or spayed: Rendered permanently incapable of reproduction by surgical
alteration, implantation of a device, or other physical means, or permanently incapable of
reproduction because of physiological sterility as certified in writing by a licensed veterinarian.
Owner: Any person, firm, corporation, or organization possessing, harboring, keeping or
having control or custody of an animal or, if the animal is owned by a person under the age of
eighteen (18) years of age, that person's parent or guardian.
Owner's Responsibilities: An animal owner shall adhere 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,
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shelter, space and veterinary care to maintain the animals 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 obiect;
not an obiect that can become mobile.
Person: Any natural person or persons, firm, association or corporation.
Pet sitter (for profit): /'1. person \vho provides care of an animal by visiting the animal
owner's home for monetary compensation.
Pet-sitter (nonprofit): f. person ",,/ho 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 two weeks per
visit, nor more than thirty (30) days annually. ..'\t no time shall a nonprofit pet sitter receive
compensation for this service. 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 thirty (30) 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 thirty (30) 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.
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 ./fH' 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) ..^.n animal that habitually and excessively howls, barks, gro'.vls or makes
other noises so as to unduly disturb or disrupt the public peace, order and
tranquility; Any animal that barks, bays, cries, howls or makes any other
noise continuously and/or incessantly for a period of ten (l0) minutes or
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(5)
(6)
(7)
(8)
barks intermittently for one-half (1/2) hour or more. However. a dog shall
not be deemed a "barking dog" for the purposes of this chapter if at the
time the dog is barking or making any other noise a. person is trespassing
or threatening to trespass upon private property in or upon which the dog
is situated or for any other legitimate cause such as the dog is being teased
or provoked.
An animal that chases motor vehicles in a public right-of-way;
An animal that is not under restraint as defined in section 5-2;
A dangerous animal;
Any animal that damages, urinates or defecates on public or private
property as prohibited by section 5-12;
Any animal that is repeatedly found running at large;
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;
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;
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
Any animal that causes unsanitary conditions in enclosures or
surroundings where the animal is kept or harbored.
(9)
(10)
(11)
(12)
(13)
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 (6) inches higher than the animal's height at full
stand with head erect, one and one-half (1 Yz) the animal's full body length, and with sufficient
width to permit the animal to turn around.
Soav/neuter contract: Contract between owner and purchaser guaranteeing animal has
been or will be spayed/neutered.
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.
Unprovoked: When a victim has been conducting himself/herself peacefully and
lawfully and has been bitten or chased in a menacing fashion or attacked by an animal.
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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.
Working dElY: Any calendar day excluding Saturdays, Sundays and city holidays.
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
sixteen (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 control documents shall be maintained by the animal control supervisor
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 (3) years; and
(3) Accurate records of all license certificates.
(4) A log containing the date. time. location and description of animal carcasses
discovered on public property in accordance with section 5-21 herein.
Sec. 5-6. Animal control board.
(a) Creation, powers and duties. The animal control board (hereafter ACB) is hereby
created and shall exercise the following powers and duties under this chapter:
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(1) Hear appeals of the initial determination of an animal control officer
classifYing a dog as dangerous pursuant to section 767.12, Florida Statutes.
(2) Hear appeals regarding the confiscation of a dog for destruction to be
destroyed pursuant to section 767.13, Florida Statutes.
(3) To subpoena witnesses to its hearings. The subpoenas shall be served by the
Edgewater Police Department.
(4) To take testimony under oath.
(5) To issue orders having the force of law to command whatever steps are
necessary to address the appeal. Such orders may require:
a. Obedience training for the animal in question.
b. Muzzling of an animal while off the property of the owner.
c. Confinement of an animal indoors.
d. Confinement of an animal in a secure enclosure.
e. Reduction of the number of animals kept in anyone location.
f. The sterilization of an animal.
g. Any other measure or sanction designed to protect the health and
safety of the public.
(6) Make recommendations to the city council on animal control matters.
(7) To adopt rules of procedure not inconsistent with the provisions of this
chapter and approved as to form and correctness by the city attorney.
(b) Membership: Appointment, removal, terms, vacancies and qualifications.
(1) The ACB shall be composed of five (5) members. Whenever possible, the
membership shall include a licensed veterinarian, a member from the
holding or impounding facility currently owned or under contract with the
city, a dog owner, and a cat owner. No city employee shall be a member
of the ACB.
(2) Each member of the ACB shall be a resident of the city unless no qualified
resident candidate applies.
(3) ACB members shall serve on no other city board or committee.
(4) Members of the ACB shall be appointed by the city council for a term of
three ill years without compensation but may receive travel and other
necessary expenses while on official business of the ACB. Due to the
need to stagger terms to guarantee continuity on the ACE, the initial
appointments shall be as follo."/s: Two (2) members shall be appointed for
three (3) years, two (2) members shall be appointed for t\':o (2) years, and
one member shall be appointed f-or one year.
(5) If a member of the ACB is absent feF has three (3) consecutive unexcused
absences at regular meetings during any calendar year, said member shall
forfeit the office. The city council shall fill the office for the remainder of
the unexpired term.
(6) A member of the ACB may be removed for cause by the city council at
any time, provided hovlevcr, that before such removal the member shall be
provided '.':ith '.vritten charges and given an opportunity to appear in his
defense at a public moeting.
(7) No member of the "^~CE shall vote upon any matter whioh '.'{Quld inure to
his special private gain or loss; whioh he knows \vould insure to the
special private gain or loss of any principal by whom he is retained; or
which he Imows would inure to the special private gain or loss of a relative
or business associate.
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ill f8j No member of the ACB shall appear for or represent any person in any
matter before the ACB other than himself or herself.
.LID ~ No past member of the ACB shall appear before the ACB except when
representing himself or herself for a period of twelve (12) calendar months
after his or her service has ended.
( c) Officers Members.
(I) The ACB shall elect a chairman and vice chairman from among its
members at the first regular meeting in January each year to serve a term
of one year. The officers members shall be eligible for reelection.
(2) The chairman shall preside at all meetings and hearings of the ACB and
appoint any committees that are deemed necessary.
(3) In the absence of the chairman, the vice chairman shall preside at all
meetings and hearings of the ACB.
(4) The members of the ACB may select an additional person who shall
preside over meetings in the absence of the chairman and vice chairman.
(5) The secretary board coordinator, provided by the city, shall keep minutes
of the proceedings of the ACB.
(d) Meetings, hearings and procedures.
(1) Regularly scheduled meetings of the ACB shall be held quarterly semi-
annually.
(2) Special meetings or hearings of the ACB may be called by the chairman, vice
chairman or animal control officer.
(e) Quorum.
(1) No business shall be transacted by the ACB without a quorum. A quorum
shall consist of three (3) members.
(2) The affirmative vote of three (3) members is required for any formal
action of the ACB relating to appeals. All other recommendations and
actions of the ACB shall require the affirmative vote of a majority of the
members present.
(t) Professional support.
The animal control supervisor division and city attorney shall provide the
necessary professional support to the ACB.
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 one
hundred feet (100') 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.
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 domestic animal from the wild unless authorized by the Edgewater Zoning Ordinance ~
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, Vietnamese pot-bellied pigs, sheep, goats, bees, cattle, chickens, or other farm
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animals shall not apply to any property within the City of Edgewater that either I) maintains an
agricultural property designation with the Volusia County Property Appraiser's office as June
15, 2009 and such species have resided or existed on the property continuously since
, 2009, 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 (5) dogs or cats, or a
combination thereof, and must provide proof from a licensed veterinarian that each dog or cat
has been spayed or neutered sterilized. Any premises that harbors more than one (1) unaltered
unsterilized dog or cat over four (4) months of age must obtain a breeders permit.
Sec. 5-9. Keeping bees prohibited. Reserved
Effective August 1, 1997, it !! shall be unlawful for any person to maintain or keep bees
within the corporate limits of the city except as permitted pursuant to the Edgewater Zoning
Ordinance.
Sec. 5-10. Feeding of wildlife prohibited.
It shall be unlawful for anyone to feed, entice, shelter or encourage any raccoon, fox,
bobcat or opossum wildlife, including feral cats as defined in section 5-2, or as otherwise
prohibited by state law.
Sec. 5-11. Wildlife hybrids prohibited.
(a) Effective August 1, 1997, it !! shall be unlawful to own, harbor, keep, transport,
sell or breed any wildlife hybrid of the family canis or felis or breed any wildlife with a dog or
cat unless the owner or breeder is in possession of a permit issued by the State of Florida Game
and Fresh '.Vater Fish Commission 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 effective August 1, 1997, 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; exeeption.
(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.
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(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 right-of-ways.
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.
(a)
(b)
Running at large prohibited.
Prohibition of animals at large.
(1) No owner shall permit, either willfully or through failure to exercise due
care and control, any animal to run at large off the premises of the owner.
(2) Upon finding an animal at large, an animal control officer may issue a
warning or in 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.
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 or a similar organization within two (2) business days
unless the person seizing the animal wishes to keep the animal as his/her own.
If the person seizing the animals 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 thirty (30) three (3) 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 or similar
organization shall do so at his/her own risk. Upon delivery the finder shall
sign a delivery document stated 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 defined in section 5-2.
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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 (6) feet in height and shall be topped with an anti-climbing device constructed of
angle metal braces with at least three (3) strands of equally separated barbed wire stretched
between them.
(b) All anti-climbing devices shall extend inward at an angle of not less than forty-
five (45) degrees nor more than ninety (90) degrees when measured from the perpendicular.
(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 (8) hours by
an animal control officer or the person requesting the trap. Any person who requests a trap for
an animal destroying property shall:
ill Fill out the appropriate documentation/agreement with the animal control
division:
ill Pay a fee, if applicable as established by resolution of the city council:
ill Adhere to the policies and requirements for obtaining such trap from the
animal control division: and
ill 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 Game and Fresh 'Hater
Fish Commission 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.
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Sec. 5-19.
(a)
animal.
Cruelty to animals prohibited.
It shall be unlawful for an owner to by act or omISSIOn inflict cruelty on an
(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.
Sec. 5-20. Female animals in heat.
H 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), shall be found in violation of section 5-14
(Running at large prohibited) 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 (3) 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 twenty-four
(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 supervisor 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.
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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.
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 section 828.29, Florida Statutes. City operated
or county operated animal control agencies and registered, nonprofit humane organizations shall
be exempt from the provisions of this section.
Sees. 5-25 - 5-29.
Reserved.
ARTICLE II.
VACCINATIONS, LICENSES AND PERMITS
Sec. 5-30. Vaccination of dogs~ and cats and other animals.
,^~~.nually every person who owns any dog or cat over the age of four (1) months within
the city shall have such animal '/accinated against rabies by a licensed veterinarian. All dogs,
cats, ferrets and other animals that a veterinarian would normally vaccinate, four (4) 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 twelve (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.
Sec. 5-31. License required.
Every person who owns a dog, ef cat. ferret or other animal over the age of four (4)
months within the city shall annually obtain an Edgewater animal ~ license for such animal from
the city's animal control division. Such license shall be valid for not more than one ill year
from the date of rabies vaccination.
(1) Application. Application for such license shall be made by the owner within ten
(10) days after acquiring any dog, ef cat, ferret or other animal over four (4)
months of age or within ten (10) days after a dog... ef cat, ferret or other animal
becomes four (4) months of age. The application shall be in such form and shall
require such information and documentation as shall from time to time be
prescribed by the animal control supervisor division. Any owner moving to the
city for the purpose of establishing residence or becoming a resident as a result of
annexation shall have until ten (10) days after moving or annexation to obtain a
license.
(2) Proof of rabies vaccination required. All owners applying for a license must
present a current official rabies certificate issued by a licensed veterinarian.
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(3) Proof of sterilization. Any owner claiming that his or her dog~ ef cat, ferret or
other animal has been spFayed or neutered must present certification from a
licensed veterinarian showing that such operation has been performed.
(4) Payment of license fee. A license fee shall be paid at the time of application. The
license fee shall be established by resolution of the city council and shall provide
for a reduced fee for sterilized animals.
(5) Exemptionfrom license fee. License fees shall not be required for dogs utilized to
assist the disabled, Seeing Eye dogs, government police dogs or dogs belonging to
a nonresident of the city and kept within the boundaries of the city for not longer
than thirty (30) days. All dogs of nonresidents shall at the time of entry into the
city be properly vaccinated against rabies, and while kept within the city meet all
other requirements of this chapter. Any owner claiming a licensing exemption
has the burden of proving to the satisfaction of the city that the dog~ ef cat, ferret
or other animal in question is entitled to such exemption.
(6) Administrative fee. Any licensed veterinarian that dispenses license tags on
behalf of the city, shall be allowed to deduct an administrative fee in the amount
established by resolution ofthe city council.
(7) Breeder permit. An annual permit obtained through animal control fDr an adult
animal intended for breeding purposes. An owner must obtain an annual permit
through city's animal control division for:
a) An adult animal intended for breeding purposes.
b) Any premises that harbors more than one (1) unaltered dog or cat
over four (4) months of age.
Sec. 5-32. License tag and breeder permit tag.
(a) License tag. Each dog~ ana cat, ferret or other animal licensed as provided for in
section 5-31 shall be issued a metallic license tag. Such tag shall have a license identification
number which corresponds to the number on the license certificate. The color of the metallic
license tag shall be different than that of the breeder permit tag. License tags shall be valid for
one year from the date of rabies vaccination and for only one animal; a separate rabies
vaccination and license tag are required for each animal as described in section 5-30.
(1) Any person who obtains a rabies vaccination that is valid for a period of time
longer than one year is required to obtain a current city license tag annually on the
date the rabies vaccination was given.
(b) Breeder permit 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.
Sec. 5-33. License tag and rabies tag to be attached to collar or harness of animal.
The city metallic license tag and rabies tag shall be attached to the collar or harness of the
animal which shall be worn at all times.
Sec. 5-34. Issuance of duplicate tag.
In the event of loss or destruction of the metallic license tag, the owner shall obtain a
duplicate tag. The duplicate tag shall be issued at a cost established by resolution of the city
council.
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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.
An exempt animal shall be vaccinated against rabies as soon as its health permits.
Sec. 5-36.
(a)
(b)
Breeding facilities and kennels.
Residential areas.
(l) No person shall establish or maintain any 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 (3) 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. Such sales shall
not be considered commercial breeding for the purpose of this chapter
provided that such sale is not the primary occupation of the breeder.
(5) There shall be only one ill species of dog or cat bred at any licensed
breeder residence. There shall be no more than one ill litter produced per
year per animal with a maximum of two (2) 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.
Kennels.
(1) Kennels shall be located in compliance with the Edgewater Zoning
Ordinance Land Development Code and the owner shall be required to
obtain an annual occupational license 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 any 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) Reserved. A boarder shall not reside in a kennel for more than three (3)
weeks per
visit. nor more than forty-five (45) days annually.
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(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 section 828.29, Florida Statutes.
(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 thirty (30) minutes twice daily.
(6) Concrete floors and runs must have a resting board and cages must have
bedding. Insulated bedding materials shall be provided during inclement
weather extremes.
(7) All facilities shall be constructed and maintained in compliance with all
applicable building and technical codes.
(8) Housing areas shall be illuminated during the daylight hours if sunlight
does not shine into the cages.
(9) All cages shall be constructed of impervious porous materials and shall
have floors of either solid construction or metal grid construction. Cages
having metal grid floors may be used provided the grid size is smaller than
the pads of the feet of the animals confined therein. No cages shall be
enclosed entirely by solid walls. Stack cages must have solid floors and if
drains are used, they shall be properly constructed and kept in good repair
to avoid foul 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 from rain. Shelter shall be provided for all animals when the
ambient temperature falls below fifty (50) degrees Fahrenheit. Sufficient
clean bedding material or other means of protection from the elements
shall be provided when the ambient temperature falls below that
temperature to which the animals are acclimated.
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(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 every two (2) weeks ~
week.
(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. '^1 minimum of twenty four (21) hours advance notice shall be given to
the owner by an animal control officer. However, no notice is required for the
investigation of complaints. An animal control officer may, without notice, inspect
breeding facilities and kennels in the investigation of a complaint against such facility.
Sees. 5-37 - 5-39.
Reserved.
ARTICLE III. IMPOUNDMENT
Sec. 5-40. Impoundment.
fill. 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 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 (3) 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.
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(10) Any female animal in heat which is not property 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.
ill Incaoacity of Owner.
(1) 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 (3) days. During
this three (3) day period, all reasonable means will be utilized in an attempt to
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.
(1) Any animal impounded three (3) times within a twelve (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 five three (3) 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 offi'le (5) three (3) 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 (3) 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 iniured, ill or a danger to themselves or others.
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(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.
Sees. 5-42 - 5.49.
Reserved.
ARICLE 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 within (12)
flem:s 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 '.vi thin (12) hours 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 '.vithin twelve (12) hours immediately to an animal control officer.
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 (10) 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.
(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. All other v,rild animals tamed
from V/ild environments ',vhich shall bite or scratch any person shall be
quarantined for observation for a period of twenty one (21) days from the
date of such bite or scratch. ,,\t the end of this period, the '.vild animal
shall be released to its O'.vner or returned to its wild habitat, whichever is
applicable.
(3) If rabies is diagnosed or suspected or if the animal in quarantine dies
within the quarantine period, to cause the detachment, ',vithout mutilation,
of the head of the animal and forward it to a state board of health
laboratory for pathological examination. If the report of the pathological
examination indicates a positive diagnosis of rabies, the animal control
officer shall invoke an area wide quarantine for a minimum period of sixty
(60) days. During such quarantine the owner of any animal shall confine
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his animal to his property and shull not permit the animal, under any
circumstances, off his property or premises.
(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
twelve (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 property 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.
It shall be a violation of this chapter for any person to fail to surrender any animal for
quarantine or destruction as required by the animal control officer.
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.
Sec. 5-55 - 5-59.
Reserved.
ARTICLE V. DANGEROUS DOGS
Sec. 5-60. Dangerous dogs.
(a) Sections 767.12 through 767.14, Florida Statutes, 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. iniury or
damage was sustained by a person who at the time was unlawfully on the property or while
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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 uniustified 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 Chapter
48, Florida Statutes, relating to service of process. The owner may file a written request for a
hearing before the animal control board within seven (7) 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 twenty-one (21) calendar days and no sooner than five (5)
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 chapter 48, Florida Statutes. The owner may file a written
request for a hearing in county court to appeal the classification within ten (10) business days
after receipt of a written determination of dangerous dog elassification. The owner must confine
the dog in a securely fenced or enclosed area pending a resolution of the appeal.
(e) Within fourteen (14) days after a dog has been classified as dangerous by the
animal control board 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 eighteen (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.
(t) 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
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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 eighteen (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:. or training procedure. Dogs engaged in training or exhibiting in legal sports such as
obedience trails, conformation shov/s, field trials, huntin~retrieving trials, and herding trials are
exempt from the provisions of this section when engaged in any legal procedures. 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.
(i) 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 five hundred dollars ($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 sections 775.082 or 775.083, Florida Statutes. 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 (10)
business, days after the owner is given written notification and thereafter destroyed in an
expeditious and humane manner. This ten (10) day time period shall allow the owner to request
a hearing before the animal control board. 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 (10) business days
after the owner is given written notification, and thereafter destroyed in an expeditious and
humane manner. This ten (10) day time period shall allow the owner to request a hearing before
the animal control board. 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 sections 775.082 or 775.083, Florida Statutes.
(n) If a dog that has previously been declared dangerous attacks and causes severe
unaware to or death of any human, the owner is guilty of a felony of the third degree, punishable
as provided in sections 775.082, 775.083 or 775.084, Florida Statutes. 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 (10) business days after the owner is given written
notification and thereafter destroyed in an expeditious and humane manner. This ten (10) day
time period shall allow the owner to request a hearing before the animal control board. 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.
(0) 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.
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(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.
Sees. 5-61 - 5-69.
Reserved.
ARTICLE VI.
ENFORCEMENT AND PENAL TIES
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 five hundred dollars ($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 one hundred and
00/1 00 dollars ($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.
(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
sections 775.082 or 775.083, Florida Statutes.
(h) The city council may by resolution impose a surcharge in an amount as authorized
pursuant to F.S. ~828.27(4)(b) and adopted by resolution of the city council 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.
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(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.
-tB ill 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.
PART B.
NOTICE TO THE COURT ADMINISTRATOR.
The City Clerk is hereby directed to transmit a certified COpy of this Ordinance and any
related resolution to Mark Weinberg, Court Administrator, Courthouse Annex, 125 East Orange
Avenue, Room #200, Daytona Beach, Florida 32114 (386)736-2700.
PART C. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART D. EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption and as provided by general
law.
PART E. 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 circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART F.
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
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relettered to accomplish such intention; provided, however, that Parts C through G shall not be
codified.
PART G. ADOPTION.
During the May 18, 2009 Council meeting, a motion to approve was made by
Councilwoman Bennington with Second by Councilwoman Rogers. The vote on the first
reading of this ordinance held on May 18, 2009 is as follows:
AYE NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilwoman Gigi Bennington
x
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
x
During the \ ~I LJlQ. 15, , 2009 Council meeting, a motion to approve was
)
made by COU(YIL!W0rN111 Rhncies and Second by r olml'i\m.M Cooper , the vote on the
second reading/public hearing of this ordinance is as follows:
AYE NAY
Mayor Mike Thomas
X
At661T
---X-
X
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
't.
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PASSED AND DULY ADOPTED this JjM day of JUfY.,
ATTEST:
~Q>IL)~L
Bonnie Wenzel
City Clerk '
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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,2009.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Mike Thomas
Mayor
~~~/N'r10
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this /5Ht
day of JLcne , 2009 under Agenda Item No.
8~.
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