06-15-2011 CITY OF EDGEWATER
ANIMAL CONTROL BOARD
June 15, 2011 6:30 PM
Leisure Services Office —1108 S. Ridgewood Avenue
CALL TO ORDER Chairperson Donna Wagner
ROLL CALL
APPROVAL OF MINUTES January 19, 2011
NEW BUSINESS Term Expiration of Jamie Young
Review & Discussion of County
Spay /Neuter Ordinance
OLD BUSINESS
MISCELLANEOUS
ADJOURNMENT
10
City of
r-DG Inc.1951 TER
Date: May 5, 2011
To: Animal Control Board Members
From: Barb Kowall, Secretary
Subj: June Meeting/County Spay-Neuter Ordinance
At the January meeting, we discussed the County Spay-Neuter ordinance; as the City would like to
incorporate the County's ordinance into ours for the city.
I am enclosing the County ordinance and the City's Code for Chapter 5 for your peruse.
We will be meeting again on June 15th at 7 PM, at the Leisure Services office. Please bring both these
ordinances with you for discussion.
See you then.
Department of Leisure Services
P.O. Box 100•Edgewater,FL 32132-0100
(386)424-2485•Fax(386)424-2416
www.cityofedgewater.org
ARTICLE II. ANIMAL CONTROL* `.J
Sec. 14-58. Mandatory spay and neuter.
(a) Purpose. The county has determined that the unintended or uncontrolled breeding of dogs
and cats within the county leads to many dogs, cats, puppies, and kittens being unwanted,
becoming strays, suffering privation and death, being impounded and euthanized at great
expense to the community, and constituting a public nuisance and public health hazard. 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 unincorporated areas of Volusia County 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 i s 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 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 com ply with subsections i. or ii, above.
2. Medical fitness. A veterinarian licensed in the State of Florida
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 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 days.
3. Law 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.
4. Service animals. A dog or cat that is a service animal as defined in
section 14-31 or is part of a bona fide service animal breeding program.
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 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 Volusia County, or exempt the owner or his dog or cat from any other
provision 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 days of the dog or cat becoming six months of age or, by September 1,
2008, 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 owners hip 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, by hand delivery by
the sheriff, 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 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 hearing officer within 30 days after the receipt of a request for
hearing and in accordance with section 14-57. The original of the hearing officer's
written decision shall be filed with the animal control division, and copies shall be
mailed to the county attorney and the permit holder.
h. Penalty. Any person who violates any provision of this section is subject to
e
the enforcement procedures of section 14-39 and penalties prescribed in section
14-32. 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 anim al permit:
a. A dog or cat temporarily harbored within the unincorporated areas of Volusia
County for less than 120 days within any calendar year.
b. The dog or cat is being harbored by a lawful humane society/animal shelter
under the provisions of the Zoning Code of Volusia County, Florida, whether
public or private, whose principal purpose is securing the adoption of dogs or
cats or offering sanctuary for dogs or cats and certifies in writing to the animal
control division that it does not engage in the breeding of dogs or cats, provided
that the requirements of F.S. § 823.15, are satisfied.
(Ord. No. 2008-13, § III, 6-5-08; Ord. No. 2008-16, § I, 7-3-08)
1
Chapter 5
ANIMAL SERVICES*
Article I. In General
Sec. 5-1. Short title.
Sec. 5-2. Definitions.
Sec. 5-3. Animal control officers.
Sec. 5-4. Interfering with animal control officers.
Sec. 5-5. Animal control documents.
Sec. 5-6. Animal control board.
Sec. 5-7. City designated as bird sanctuary.
Sec. 5-8. Animals prohibited.
Sec. 5-9. Reserved.
Sec. 5-10. Feeding of wildlife prohibited.
Sec. 5-11. Wildlife hybrids prohibited.
Sec. 5-12. Animals defecating on public or private property prohibited.
Sec. 5-13. Animals prohibited in parks and on beaches.
Sec. 5-14. Running at large prohibited.
Sec. 5-15. Animals under restraint.
Sec. 5-16. Restraint of guard dogs.
Sec. 5-17. Public nuisance animals prohibited.
Sec. 5-18. Poisoning or trapping of animals.
Sec. 5-19. Cruelty to animals prohibited.
Sec. 5-20. Female animals in heat.
Sec. 5-20.1. Attempting to breed.
Sec. 5-21. Disposition of dead animals.
Sec. 5-22. Animals transported in vehicles.
Sec. 5-23. Duties of driver when vehicle strikes animal.
Sec. 5-24. Dogs and cats transported or offered for sale or gift.
Secs. 5-25-5-29. Reserved.
Article II. Vaccinations,Licenses and Permits
Sec. 5-30. Vaccination of dogs,cats and other animals.
Sec. 5-31. License required.
Sec. 5-32. License tag and breeder permit tag.
Sec. 5-33. License tag and rabies tag to be attached to collar or harness of
animal.
Sec. 5-34. Issuance of duplicate tag.
Sec. 5-35. Exceptions to vaccination requirements.
Sec. 5-36. Breeding facilities and kennels.
Secs. 5-37-5-39. Reserved.
Article III. Impoundment
Sec. 5-40. Impoundment.
Sec. 5-41. Disposition of impounded animals.
Secs. 5-42-5-49. Reserved.
*Editor's note-Ord. No. 2009-0-02,Pt.A,adopted June 15,2009, amended Ch. 5 in its entirety and enacted the provisions
set out herein. The former Ch. 5, titled Animals and Fowl,derived from Ord. No. 97-0-08, Pt. B,adopted July 7, 1997; Ord. No.
2001-0-06, Pts.A-C, adopted May 21, 2001; Ord. No. 2002-0-21, Pt.A, adopted Dec. 16, 2002; and Ord. No. 2005-0-54, Pt.A,
adopted Dec. 19, 2005.
Cross references-Noisy animals, § 10-23(4); license taxes relative to animals, § 11-8(8); killing and injuring animals,
§ 12-4(c).
Supp. No. I CD5:1
EDGEWATER CODE
Article IV. Rabies
Sec. 5-50. Animals infected with rabies; reporting requirements.
Sec. 5-51. Duties of animal control officer.
Sec. 5-52. Surrender of animal for quarantine or destruction.
Sec. 5-53. Killing or removal of rabid animal.
Sec. 5-54. Surrender of carcass of rabid animal.
Secs. 5-55-5-59. Reserved.
Article V. Dangerous Dogs
Sec. 5-60. Dangerous dogs.
Secs. 5-61-5-69. Reserved.
Article VI. Enforcement and Penalties
Sec. 5-70. Enforcement.
•
Supp. No. I CD5:2
ANIMAL SERVICES § 5-2
ARTICLE I. IN GENERAL state or local law enforcement officer or other
employee whose duties in whole or part include
Sec. 5-1. Short title. assignments that involve the seizure and impound-
ment of any animal.
This chapter shall be referred to as the"Animal
Services Ordinance of the City of Edgewater, Animal hospital. Any establishment main-
Florida". tained and operated by a licensed veterinarian for
(Ord. No. 2009-0-02, Pt. A, 6-15-09) surgery, diagnosis and treatment of animal dis-
eases and injuries.
Sec. 5-2. Definitions.
As used in this chapter the following terms Animal under restraint. An animal secured by
shall have the meaning ascribed to them herein: a leash or lead and under the control of a person
physically capable of restraining the animal or
Abandonment. To forsake entirely or to neglect securely enclosed within the real property limits
or refuse to provide for the care and support of.an of the owner's premises. Animal under restraint
animal. shall also include the following:
ACB. The animal control board. (1) While on the property of its owner that:
Adult. A human being of at least 18 years of a. Reasonable care and precautions are
age. taken to prevent the animal from
Adult animal. Any animal at least four months leaving, while unattended, the real
in age, or older. property limits of its owners; and
Animal. Any living dumb creature capable of b. The animal is:
self locomotion and includes. but is not limited to: 1. Securely and humanely con-
dogs; cats; ferrets; horses; birds, including poul- fined within a house, building,
try; rabbits; squirrels; raccoons; monkeys; ducks; fence, crate, pen or other enclo-
geese; goats; sheep; swine and cattle. The term
sure; or
also includes pets and domesticated animals;those
animals that are naturally tame and gentle or 2. Humanely secured by chain,ca-
that by long association with man have become ble and trolley,rope or tether of
fairly domesticated and reduced to such a state of sufficient strength to prevent
subjection to man's will that they no longer pos- escape; or
sess the disposition or inclination to escape; and 3. Leashed and controlled at any
those animals which are accustomed to living in time it is not secured as pro-
and about the habitation of man. Fowl, fish, vided for in subsection 1. or 2.
reptiles and bees shall be included in the defini- above.
tion of animals.
Animal at large. Any animal unattended by its (2) While off the property of the owner that:
owner or off the premises of the owner and not a. The animal is securely confined
under the actual control of the owner, or any within a vehicle; or
animal that is not securely confined by a secure
fence, chain, leash, kennel or other means of b. The animal is caged or tethered in
confinement. the open bed of a pickup truck as set
forth in section 5-22; or
Animal control officer. Any authorized agent or
employee of the city whose duty it is to enforce c. The animal is securely and humanely
this chapter or any other law relating to the confined within a house, building,
licensure of animals,control of animals or seizure fence, crate, pen or other enclosure;
and impoundment of animals and includes any or
Supp. No. 1 CD5:3
s 5-2 EDGEWATER CODE
d. The animal is humanely secured by (5) The section violated.
a chain, cable and trolley, rope or
tether of sufficient strength to pre (6) The name and authority of the officer.
vent escape; or (7) The procedure for the person to follow in
e. That the animal is leashed and con- order to pay the civil penalty to contest
trolled all times it is not secured. the citation or to appear in court.
Barking dog. Any dog that barks, bays, cries, (8) The applicable civil penalty if the person
howls or makes any other noise continuously elects to contest the citation.
and/or incessantly for a period of ten minutes or
(9) The applicable civil penalty if the person
barks intermittently for one-half hour or more. elects not to contest the citation.
However, a dog shall not be deemed a "barking
dog" for the purposes of this chapter if at the time (10) A conspicuous statement that if the per-
the dog is barking or making any other noise a son fails to pay the civil penalty within
person is trespassing or threatening to trespass the time allowed or fails to appear in
upon private property in or upon which the dog is court to contest the citation, he/or she
situated or for any other legitimate cause such as shall be deemed to have waived his/or her
the dog is being teased or provoked. right to contest the citation and that, in
such case, judgment may be entered
Boarder. An animal placed in a kennel for against the person for an amount up to
temporary maintenance, care, food, lodging, etc. the maximum civil penalty.
resulting in monetary compensation.
Breeder. Any person who: offers animal off (11) A conspicuous statement that if the per
spring with a spay/neuter contract and follows up son is required to appear in court, he/or
on the contract with a guarantee to accept return she does not have the option of paying a
of the offspring for any reason; ensures all off fine in lieu of appearing in court.
spring have been vaccinated according to Florida Council. The City Council of the City of
law;and who has been issued a breeder permit by Edgewater, Florida.
the city.
County health officer. The person appointed
Capture. The securing, restraining, immobili- pursuant to F.S. chapter 154 as director of the
zation or confinement of any animal at large by Volusia County Health Department and his/or
the use of cages, ropes, nets, tranquilizers of any her designated agents.
other similar device not intended to permanently
injure the animal. Cruelty. Any act or omission whereby unjusti-
Certificate of registration. A city dangerous- fiable physical pain, suffering or death of an
animal registration issued pursuant to this chap animal is caused or permitted,including failure to
provide proper drink, air, space, shelter or protec-
ter. tion from the elements, a sanitary and safe living
Citation. A written notice issued by an animal environment, veterinary care or nutritious food.
control officer to a person who the officer has
probable cause to believe committed a civil infrac Dangerous dog. Any dog that, according to
tion in violation of this chapter and that the animal control records:
county court will hear. The citation must contain: (1) Has aggressively bitten, attacked, endan-
(1) The date and time of issuance. gered or has inflicted severe injury on a
human being on public or private prop-
(2) The name and address of the person.
erty;
(3) The date and time the civil infraction was (2) Has more than once severely injured or
committed.
killed a domestic animal while off the
(4) The facts constituting probable cause. owner's property;
Supp. No. 1 CD5:4
ANIMAL.SERVICES § 5-2
(3) Has been used primarily or in part for the Licensed veterinarian. Any person who is li-
purpose of dog fighting or is a dog trained tensed to engage in the practice of veterinary
for dog fighting; or medicine in the state.
(4) Has, when unprovoked, chased or-ap- Muzzle. A device designed to fasten over the
proached a person, upon the streets, side- mouth of an animal to prevent the animal from
walks or any public grounds in a menac- biting any person or other animal.
ing fashion or apparent attitude of attack;
provided that such actions are attested to Neglect. Failure to provide food, water, protec-
in a sworn statement by one or more tion from the elements, or other care generally
persons that dutifully investigated by an considered to be normal, usual and accepted for
animal control officer. an animal's health and well being.
Feral cat. A free roaming, unowned and/or Neutered or spayed. Rendered permanently in-
untamed domestic cat. Feral cats may be born in capable of reproduction by surgical alteration,
the wild and never socialized, or may be escaped implantation of a device,or other physical means,
pets that have reverted to a wild state,A feral cat or permanently incapable of reproduction because
is also considered as a species of wildlife. (See of physiological sterility as certified in writing by
wildlife.) a licensed veterinarian.
Guard or attack dog. A dog trained to attack on Owner. Any person firm, corporation, or orga
nization possessing,harboring,keeping or having
command or to protect persons or property and control or custody of an animal or, if the animal is
who will cease to attack upon command. owned by a person under the age of 18 years of
Health certificate. A certificate signed by a age, that person's parent or guardian. shelter,
veterinarian licensed by the state of origin or an spate and veterinary care to maintain the ani-
authorized veterinary inspector of the United mals health and to prevent or cure disease) for
States Animal Disease Eradication Division that said animal.
shows the age, sex, breed, description, and health Owner responsibilities. An animal owner shall
record of a dog or cat and the name and address of adhere [to] and provide at the minimum the
the cosigner and of the cosigned. The certificate following for the animal in their care: (1)Treat an
shall list vaccines administered to the dog or cat animal in a humane manner and shall provide
and shall state that the animal has no contagious humane care (which includes, but is not limited
or infectious diseases and has no intestinal or to: providing adequate, food, fresh water, shelter,
external parasites, including coccidiosis and ear space and veterinary care to maintain the animal's
mites. health and to prevent or cure disease) for said
Holding or impounding facility. Any holding or animal;
impounding facility owned or under contract with (2) The owner must live on the premises with
the City of Edgewater for services or one that is the animal.
designated from time to time by the city.
(3) Any animal that is kept tethered must be
Impoundment. The taking into custody of an attached to a stationary object, not an
animal by an animal control officer. object that can become mobile.
Kennel. Any place of business where dogs or Person. Any natural person or persons, firm,
cats regardless of number are kept for sale,breed- association or corporation.
ing, boarding or treatment purposes, except an
animal hospital, grooming facility or pet shop. Pet sitter (nonprofit). A person who, at the
consent of the animal owner, provides temporary
The term "kennel' shall include any premises care for the animal at his or her own residence.
used for residential purposes where four or more
dogs or cats four months or older are kept, har- Pet-sitting. A person who temporarily cares for
bored or maintained for monetary compensation. an animal at a family member or friend's resi-
Supp. No. 1 CD5:5
§5-2 EDGEWATER CODE
dence for temporary care without exceeding the half hour or more. However, a dog shall
maximum number of animals allowed per resi- not be deemed a "barking dog" for the
dence. The temporary placement shall not exceed purposes of this chapter if at the time the
a period of 30 days. At no time shall a nonprofit dog is barking or making any other noise
pet-sitter receive compensation for this service. a person is trespassing or threatening to
Rescue and/or foster families or groups that are trespass upon private property in or upon
approved by Edgewater Animal Services to pro- which the dog is situated or for any other
vide temporary care for homeless animals that legitimate cause such as the dog is being
may need medical care are not considered pet- teased or provoked.
sitters and time periods may extend past the
allowable time if approved by Edgewater Animal (5) An animal that chases motor vehicles in a
Services.After a period of 30 days,a person who is public right-of-way;
possessing, harboring, keeping or having control (6) An animal that is not under restraint as
or custody of an animal shall no longer be consid- defined in this section;
ered a pet sitter but shall be considered an owner
as defined herein. (7) A dangerous animal;
Potentially dangerous animal. An animal with (8) Any animal that damages, urinates or
a known propensity or disposition to attack un- defecates on public or private property as
provoked or otherwise to threaten the safety of prohibited by section 5-12;
humans and domestic animals.
(9) Any animal that is repeatedly found run-
Proper enclosure to confine a dangerous dog. ning at large;
While on the owner's property a dangerous dog is
securely confined indoors or in a securely enclosed (10) Any animal that causes fouling of the air
and locked pen or structure suitable to prevent by noxious or offensive odors and thereby
the entry of young children and designed to pre- creates unreasonable annoyance or dis-
vent the dog from escaping. Such pen or structure comfort to neighbors or others in close
shall have secure sides and a secure top to pre- proximity to the premises where the ani-
vent the dog from escaping over,under or through mal is kept or harbored;
the structure and shall also provide protection (11) Any animal in heat that is not confined so
from the elements. as to prevent attraction or contact with
Public nuisance animal. Any animal that un- other animals as set forth in section 5-20;
reasonably annoys persons, endangers the life or
health of persons or other animals, or substan (12) Any animal, whether or not on the prop
tially interferes with the right of persons to en erty of its owner,that without provocation
joyment of life or property.The term shall include, molests, attacks, or otherwise interferes
but is not limited to: with the freedom of movement of persons
in a public right-of-way; and
(1) An animal that damages the property of
anyone other than its owner or causes the (13) Any animal that causes unsanitary condi-
loss of property; tions in enclosures or surroundings where
the animal is kept or harbored.
(2) An animal that has bitten a person with-
out provocation; Sanitary. A condition of good order and clean-
(3) An animal that bites, attacks or wounds liness to minimize the possibility of disease trans-
another animal without provocation; mission.
(4) Any animal that barks, bays, cries, howls Severe injury. Any physical injury that results
or makes any other noise continuously in broken bones, multiple bites or disfiguring
and/or incessantly for a period of ten lacerations requiring sutures or reconstructive
minutes or barks intermittently for one- surgery.
Supp. No. 1 CD5:6
ANIMAL SERVICES § 5-5
She/her The feminine gender shall include the gation, the animal control officer may request the
masculine gender and the masculine gender shall owner to exhibit the animal, and, if applicable,
include the feminine gender unless the context the license of such animal.
requires otherwise.
(b) Animal control officers are not authorized
Shelter. A secure weather-resistant structure to enter into any dwelling unit, structure or
which protects an animal from exposure to the fenced enclosure for purposes of investigation,but
elements and which is a minimum of six inches may enter into a fenced enclosure to impound any
higher than the animal's height at full stand with animal known or suspected of biting or scratching
head erect, one and one-half[times] the animal's any person or any animal infected with or show-
full body length, and with sufficient width to ing symptoms of rabies.
permit the animal to turn around.
S (c) Animal control officers are not authorized
Spay/neuter contract. Contract between owner
to bear arms or make arrests. However, animal
and purchaser guaranteeing animal ahs been or control officers may carry a device to chemically
will be spayed/neutered. subdue and tranquilize an animal, provided that
Stray. Any unlicensed and unattended animal the animal control officer has successfully com
off the premises of its owner. pleted a minimum of 16 hours of training in
marksmanship, equipment handling, safety and
Sterilized. Rendered permanently incapable of animal care and can demonstrate proficiency in
reproduction by surgical alteration, implantation chemical immobilization of animals in accordance
of a device, or other physical means, or perma- with guidelines prescribed in the Chemical Immo-
nently incapable of reproduction because of phys- bilization Operational Guide of the American Hu-
iological sterility as certified in writing by a mane Association.
licensed veterinarian. (Ord. No. 2009-0-02, Pt. A, 6-15-09)
Unprovoked. When a victim has been conduct-
ing himself peacefully and lawfully and has been Sec. 5-4. Interfering with animal control of-
bitten or chased in a menacing fashion or at- ficers.
tacked by an animal.
It shall be a violation of this chapter for any
Vaccinated. An animal that has been adminis- person to interfere with,hinder,resist,or obstruct
tered a current rabies vaccine. an animal control officer in the performance of his
or her duties or to release or remove any animal
Wildlife. Any indigenous or free-roaming ani- from the custody of an animal control officer.
mal (i.e., raccoon, opossum, armadillo, squirrels, (Ord. No. 2009-0-02, Pt. A, 6-15-09)
feral cats).
Wildlife hybrid. Any offspring of any wildlife or Sec. 5-5. Animal control documents.
hybrid bred with a dog or cat or an animal which
The following documents shall be maintained
is represented as a hybrid by its owner.
(Ord. No. 2009-0-02, Pt. A, 6-15-09) by the animal control division:
(1) Accurate and detailed reports and records
Sec. 5-3. Animal control officers. of the licensing, impoundment and dispo-
(a) Animal control officers shall be the enforce sition of all animals coming into the cus
ment officials for this chapter and in that regard tody of an animal control officer;
are authorized to investigate,on public or private (2) Accurate and detailed records of all re-
property, violations of this chapter, impound ani- ported bite cases and investigations for a
mals, issue warnings and citations, and take minimum of three years; and
other lawful actions as provided herein to enforce
the provisions of this chapter. During an investi- (3) Accurate records of all license certificates.
Supp. No. 1 CD5:7
§ 5-5 EDGEWATER CODE
(4) A log containing the date, time, location facility currently owned or under contract
and description of animal carcasses dis- with the city, a dog owner, and a cat
covered on public property in accordance owner. No city employee shall be a mem-
with section 5-21 herein. ber of the ACB.
(Ord. No. 2009-0-02, Pt. A, 6-15-09)
(2) Each member of the ACB shall be a resi-
Sec. 5-6. Animal control board. dent of the city unless no qualified resi-
dent candidate applies.
(a) Creation, powers and duties. The animal
control board (hereafter ACB) is hereby created (3) ACB members shall serve on no other city
and shall exercise the following powers and duties board or committee.
under this chapter: (4) Members of the ACB shall be appointed
(1) Hear appeals of the initial determination by the city council for a term of three
or an animal control officer classifying a years without compensation but may re-
dog as dangerous pursuant to F.S.§767.12. ceive travel and other necessary expenses
(2) Hear appeals regarding the confiscation
while on official business of the ACB.
of a dog to be destroyed pursuant to F.S. (5) If a member of the ACB has three consec-
§ 767.13. utive unexcused absences at regular meet-
(3) To subpoena witnesses to its hearings. ings during any calendar year, said mem-
The subpoenas shall be served by the ber shall forfeit the office.The city council
Edgewater Police Department. shall fill the office for the remainder of the
unexpired term.
(4) To take testimony under oath.
(5) To issue orders having the force of law to (6) A member of the ACB may be removed for
command whatever steps are necessary to
cause by the city council at any time.
address the appeal. Such orders may re- (7) No member of the ACB shall appear for or
quire: represent any person in any matter before
a. Obedience training for the animal in the ACB other than himself or herself.
question. (8) No past member of the ACB shall appear
b. Muzzling of an animal while off the before the ACB except when representing
property of the owner. himself or herself for a period of 12 calen-
c. Confinement of an animal indoors. dar months after his or her service has
ended.
d. Confinement of an animal in a se-
cure enclosure. (c) Members.
e. Reduction of the number of animals (1) The ACB shall elect a chairman and vice
kept in any one location. chairman from among its members at the
f. The sterilization of an animal. first regular meeting in January each
g. Any other measure or sanction de- year to serve a term of one year. The
signed to protect the health and safety members shall be eligible for re-election.
of the public. (2) The chairman shall preside at all meet-
(b) Membership:Appointment, removal, terms, ings and hearings of the ACB and appoint
vacancies and qualifications. any committees that are deemed neces-
sary.
(1) The ACB shall be composed of five mem-
bers. Whenever possible, the membership (3) In the absence of the chairman, the vice
shall include a licensed veterinarian, a chairman shall preside at all meetings
member from the holding or impounding and hearings of the ACB.
Supp. No. 1 CD5:8
ANIMAL SERVICES § 5-11
(4) The members of the ACB may select an cattle, chickens, or other farm animals, and any
additional person who shall preside over animal from the wild,unless said species are both
meetings in the absence of the chairman kept on property appropriately zoned and law-
and vice chairman. fully permitted, if necessary, by the Florida Fish
(5) The board coordinator, provided by the and Wildlife Conservation Commission. All ven-
city,shall keep minutes of the proceedings omous snakes permitted by the Florida Fish and
of the ACB. Wildlife Conservation Commission shall also be
required to register with the city's animal control
(d) Meetings, hearings and procedures. division. The prohibition contained herein appli-
(i) Regularly scheduled meetings of the ACB cable to horses,hogs,Vietnamese pot-bellied pigs,
shall be held semiannually. sheep, goats, bees, cattle, chickens, or other farm
animals shall not apply to any property within
(2) Special meetings or hearings of the ACB the city that either:
may be called by the chairman,vice chair (1) Maintains an agricultural property desig-
man or animal control officer. nation with the Volusia County Property
(e) Quorum. Appraiser's office as [of] June 15, 2009; or
(1) No business shall be transacted by the (2) Was previously zoned for agricultural pur-
ACB without a quorum. A quorum shall poses and proof is made to the city that
consist of three members. such species resided and existed on the
property prior to any zoning change and
(2) The affirmative vote of three members is have continuously resided and existed on
required for any formal action of the ACB the property since the zoning change.
relating to appeals. All other recommen-
dations and actions of the ACB shall re- A residential premises shall not exceed a max-
quire the affirmative vote of a majority of imum number of five dogs or cats, or a combina-
the members present. tion thereof, and must provide proof from a li-
censed veterinarian that each dog or cat has been
(f) Professional support. The animal control sterilized. Any premises that harbors more than
division and city attorney shall provide the nec- one unsterilized dog or cat over four months of
essary professional support to the ACB. age must obtain a breeders permit.
(Ord. No. 2009-0-02, Pt.A, 6-15-09) (Ord. No. 2009-0-02, Pt. A, 6-15-09)
Sec. 5-7. City designated as bird sanctuary. Sec. 5-9. Reserved.
All lands within the corporate limits of the city
are hereby declared to be and designated as a bird Sec. 5-10. Feeding of wildlife prohibited.
sanctuary. It shall be unlawful for any person to It shall be unlawful for anyone to feed, entice,
intentionally kill, trap or injure any bird within shelter or encourage any wildlife, including feral
said area. It shall be unlawful to establish, main- cats as defined in section 5-2, or as otherwise
tam or keep a bird aviary within 100 feet of any prohibited by state law.
structure used for human habitation or work. (Ord. No. 2009-0-02, Pt. A, 6-15-09)
This does not apply to a bird inside an owner's
dwelling or a permitted business with the appro- Sec. 5-11. Wildlife hybrids prohibited.
priate licensing to permit such activity.
(Ord. No. 2009-0-02, Pt. A, 6-15-09) (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
Sec. 5-8. Animals prohibited.
dog or cat unless the owner or breeder is in
It shall be unlawful for an owner to keep or possession of a permit issued by the Florida Fish
permit to be kept within the city any horses,hogs, and Wildlife Conservation Commission ("FWC")
Vietnamese pot-bellied pigs, sheep, goats, bees, authorizing such activity. This prohibition shall
Supp. No. 1 CD5:9
§ 5-11 EDGEWATER CODE
not apply to such animals who are within the Sec. 5-13. Animals prohibited in parks and
corporate limits of the city prior to August 1, on beaches.
1997, as long as they can provide proof of such No animal shall enter into or on any public
residence and existence of that permitted animal
prior to that date. However, the keeping or main- park or beach in the city unless such park or
tenance of any such animals shall be subject to beach is designated and posted by the city as an
such regulations as the city council may enact. animal park. This provision shall not apply to
animals assisting disabled persons or dogs being
(b) All wildlife hybrids not exempted from the used by law enforcement officials for law enforce-
provisions of this section shall be deemed contra- ment activities.
band and shall be delivered to a person possessing (Ord. No. 2009-0-02, Pt. A, 6-15-09)
an appropriate state permit, an animal control
officer or the holding or impounding facility cur- Sec. 5-14. Running at large prohibited.
rently under contract with the city for services or (a) Prohibition of animals at large.
one that is designated from time to time by the
city. (1) No owner shall permit, either willfully or
(Ord. No. 2009-0-02, Pt. A, 6-15-09) through failure to exercise due care and
control, any animal to run at large off the
Sec. 5-12. Animals defecating on public or
premises of the owner.
private property prohibited. (2) Upon finding an animal at large, an ani-
mal control officer may issue a warning or
(a) No owner of any animal shall cause or in his/her discretion, a citation for such
allow such animal to defecate on any public or violation or, alternatively, if the owner
private property other than that of the owner cannot be identified and located with rea-
unless such owner immediately removes and dis- sonable effort, such animal may be seized
poses of all feces deposited by such animal by the and impounded.
following methods:
(b) Seizure of at large animals; harboring and
(1) Collection of the feces by appropriate im- finder ownership.
plement and placement in a container;
(1) When an animal is at large on private
(2) Removal of such container to the property property, the animal may be seized by the
of the owner and disposition thereafter in property owner or tenant in a humane
a manner consistent with applicable laws. manner. The animal shall be delivered to
an animal control officer, or the city's
(b) No owner shall permit any waste matter designated holding or impounding facility
from an animal to collect and remain on the within two business days unless the per-
property of the owner or on the property of others son seizing the animal wishes to keep the
so as to cause or create an unhealthy, unsanitary, animal as his/her own. If the person seiz-
dangerous or offensive living condition. ing the animal wishes to keep the animal,
he/she shall notify the animal control of-
(c) No owner shall cause unsanitary, danger- ficer who shall attempt to determine own-
ous or offensive conditions by virtue of the size or ership of the animal. If no owner is found
number of animals maintained at a single loca- within three days, the finder shall be
tion or due to the inadequacy of the facilities. conclusively presumed to be the owner of
(d) The owner of any animal shall keep his
such animal.
own property free of animal excrement to the (2) Any person seizing an animal and then
extent that is necessary to prevent noxious or delivering the animal to an animal con-
offensive odors from escaping onto adjacent prop- trol officer, the designated holding or im-
erty or public rights-of-way. pounding facility shall do so at his/her
(Ord. No. 2009-0-02, Pt. A, 6-15-09) own risk. Upon delivery the finder shall
Supp. No. 1 CD5:10
ANIMAL,SERVICES § 5-18
sign a delivery document stated the date, (d) The area of confinement shall be posted at
time and location where the animal was all gates and along each outside boundary with
found and a description of the animal. appropriate warning signs showing"warning bad
(3) If the ownership of a found animal is in dog" along with a picture of a "bad dog".
dispute,the person claiming previous own- (e) The provisions of this section shall not
ership of the found animal must provide apply to dogs owned or controlled by government
the finder with proof of ownership in law enforcement agencies.
order to successfully reclaim the animal. (Ord. No. 2009-0-02, Pt. A, 6-15-09)
Such proof may include documentation of
prior veterinary records of such animal Sec. 5-17. Public nuisance animals prohib-
and/or identifying photographs. ited.
(4) Any person who seizes an animal pursu- It shall be a violation of this chapter for an
ant to this section shall exercise utmost owner to allow an animal to become a public
care to treat the animal humanely and to nuisance animal as defined in section 5-2 or for an
avoid inflicting any cruelty, injury, sick- owner to keep a public nuisance animal.
ness,hunger or other ailment or affliction (Ord. No. 2009-0-02, Pt. A, 6-15-09)
upon the animal during either the seizure
or delivery of the animal. Any person Sec. 5-18. Poisoning or trapping of animals.
unable to comply with this section shall
not seize an animal. (a) An animal control officer may set box or
(Ord. No. 2009-0-02, Pt. A, 6-15-09) live-cage traps for animals which have allegedly
bitten a person or another animal, for public
Sec. 5-15. Animals under restraint. nuisance animals or for the purpose of humane
rescue in the interest of the animal itself as
While on or off the property of the owner, it determined by an animal control officer. Traps
shall be the duty of every owner to keep the shall not be set during hours when an animal
animal under restraint and control as defined in control officer is unavailable to retrieve or release
section 5-2. a captured animal. A trap shall be checked a
(Ord. No. 2009-0-02, Pt. A, 6-15-09) minimum of once every eight hours by an animal
control officer or the person requesting the trap.
Sec. 5-16. Restraint of guard dogs. Any person who requests a trap for an animal
destroying property shall:
(a) Every owner of a guard or attack dog shall (1) Fill out the appropriate documentation/
keep such dog confined in a building, compart- agreement with the animal control divi-
ment or other enclosure.Any such enclosure shall
be completely surrounded by a fence at least six sion;
feet in height and shall be topped with an anti- (2) Pay a fee, if applicable as established by
climbing device constructed of angle metal braces resolution of the city council;
with at least three strands of equally separated (3) Adhere to the policies and requirements
barbed wire stretched between them. for obtaining such trap from the animal
(b) All anti-climbing devices shall extend in- division; and
ward at an angle of not less than 45 degrees nor (4) The person requesting the trap shall im-
more than 90 degrees when measured from the mediately notify an animal control officer
perpendicular. when an animal is captured.
(c) The area of confinement shall have all (b) Except for the trapping of rats, mice and
gates and entrances securely closed and locked crabs, the trapping of animals by persons other
and all fences properly maintained and escape than an animal control officer or without a permit
proof. from the Florida Fish and Wildlife Conservation
Supp. No. I CD5:11
§ 5-18 EDGEWATER CODE
Commission ("FWC") is prohibited. Animal con- during the period of heat. Such animal shall be
trol officers are authorized to confiscate any trap redeemed in accordance with the provisions of
used in violation of this section. section 5-41.
(Ord. No. 2009-0-02, Pt. A, 6-15-09)
(c) No person shall leave or deposit any poison-
ous or injurious substance of any kind on public or Sec. 5-20.1. Attempting to breed.
private property which would injure or kill an
animal except as set forth below: An unsterilized male animal attempting to
breed with a female in heat who is in compliance
(1) When contracting the services of a profes of section 5-20 (Female animals in heat), shall be
sional, licensed exterminator for moles found in violation of section 5-14 (Running at
only commercial mechanical devices in large prohibited) and shall also be in violation of
tended for that purpose shall be used. this section.
(2) Products,substances or poisons which are (Ord. No. 2009-0-02, Pt. A, 6-15-09)
completely enclosed in a tamper-resistant
or tamper-proof bait station accessible Sec. 5-21. Disposition of dead animals.
only to rats and mice. (a) When any animal dies for any reason other
(d) Professional trappers or trappers for hire than rabies or a suspicion of rabies, the owner
not retained by the city shall obtain a business shall immediately dispose of the carcass of such
tax receipt and certificate of use (if applicable), animal by burying it at least three feet below the
register with an animal control officer and adhere surface of the ground. If the animal dies as a
to all requirements contained in this section. result of rabies or if rabies is suspected, the
(Ord. No. 2009-0-02, Pt. A, 6-15-09) carcass shall be surrendered to the animal control
officer pursuant to section 5-54.
Sec. 5-19. Cruelty to animals prohibited. (b) When an animal control officer discovers a
(a) It shall be unlawful for an owner to by act dead animal on private property, the animal con-
or omission inflict cruelty on an animal. trol officer shall provide written notice to the
owner, ordering the owner to dispose of the car-
(b) No owner shall abandon an animal. cass within 24 hours. If the owner fails to comply
or cannot be located, the animal control officer
(c) It shall be unlawful for any person to strike, shall dispose of the carcass and shall bill the
beat, abuse or intentionally run down with a owner for the cost of disposal.
vehicle any animal, or otherwise engage in any
act to cause or inflict unnecessary pain, injury (c) When an animal control officer discovers a
suffering or death upon such animal. However, dead animal on public property, the animal con-
reasonable force may be used to drive away vi- trol officer shall dispose of the carcass and make
cious or trespassing animals. a reasonable effort to identify and notify the
(Ord. No. 2009-0-02, Pt. A, 6-15-09) owner of the animal.
(d) A log shall be maintained by the animal
Sec. 5-20. Female animals in heat. control division listing the date, time and location
where a carcass was discovered and a description
It shall be a violation of this chapter for the of the animal for the purpose of providing infor-
owner of any female animal in heat to fail to keep mation to owners seeking information on missing
the animal confined in a building or secure enclo- animals.
sure, veterinary hospital or boarding kennel in (Ord. No. 2009-0-02, Pt. A, 6-15-09)
such a manner that the female animal cannot
come in contact with another animal except for Sec. 5-22. Animals transported in vehicles.
controlled and intentional breeding purposes.Any
female animal not confined as herein provided Any animal transported in any open vehicle
shall be impounded and shall not be redeemed shall either be within a cage,crate or pen which is
Supp. No. 1 CD5:12
ANIMAL SERVICES 15-31
well-ventilated and secured within the body of the every dog, cat, ferret and other animal shall have
vehicle or restrained by a tether affixed to the that animal revaccinated 12 months after the
center of the vehicle and attached to the collar or initial vaccination. Thereafter, the interval be-
harness of the animal so as to prevent the animal tween vaccinations shall conform to the vaccine
from escaping or causing injury to itself or"any manufacturer's directions. The cost of vaccination
person. The tether shall be short enough to pre- must be borne by the animal's owner. Evidence of
vent the animal's head from reaching the sides or circulating rabies virus neutralizing antibodies
back of the vehicle. Nothing in this section shall shall not be used as a substitute for current
be deemed to prohibit the transportation of horses, vaccination in managing rabies exposure or deter-
cattle, sheep, poultry or other agricultural live- mining the need for booster vaccinations.
stock in trailers or other vehicles designated and (Ord. No. 2009-0-02, Pt. A, 6-15-09)
constructed for such purposes.
(Ord. No. 2009-0-02, Pt. A, 6-15-09) Sec. 5-31. License required.
Sec. 5-23. Duties of driver when vehicle Every person who owns a dog, cat, ferret or
strikes animal. other animal over the age of four months within
Any operator of a motor vehicle who strikes an the city shall annually obtain a license for such
animal shall immediately report such injury or animal from the city's animal control division.
death to the animal's owner. In the event the Such license shall be valid for not more than one
owner cannot be located, the motor vehicle oper- year from the date of rabies vaccination.
ator shall report the accident as soon as possible
to an animal control officer. (1) Application. Application for such license
(Ord. No. 2009-0-02, Pt. A, 6-15-09) shall be made by the owner within ten
days after acquiring any dog,cat,ferret or
Sec. 5-24. Dogs and cats transported or of- other animal over four months of age or
fered for sale or gift. within ten days after a dog, cat, ferret or
other animal becomes four months of age.
Any dog or cat transported into the city for sale The application shall be in such form and
or offered in the city for sale or gift shall be shall require such information and docu-
subject to the health requirements set forth in mentation as shall from time to time be
F.S. § 828.29. City-operated or county-operated prescribed by the animal control division.
animal control agencies and registered, nonprofit Any owner moving to the city for the
humane organizations shall be exempt from the purpose of establishing residence or be-
provisions of this section. coming a resident as a result of annex-
(Ord. No. 2009-0-02, Pt. A, 6-15-09) ation shall have until ten days after mov-
ing or annexation to obtain a license.
Secs. 5-25-5-29. Reserved.
(2) Proof of rabies vaccination required. All
owners applying for a license must present
ARTICLE II. VACCINATIONS, LICENSES a current official rabies certificate issued
AND PERMITS by a licensed veterinarian.
Sec. 5-30. Vaccination of dogs,cats and other (3) Proof of sterilization. Any owner claiming
animals. that his or her dog, cat, ferret or other
animal has been spayed or neutered must
All dogs, cats, ferrets and other animals that a present certification from a licensed vet-
veterinarian would normally vaccinate,four months erinarian showing that such operation
of age or older, must be vaccinated by a licensed has been performed.
veterinarian against rabies with a vaccine that is
licensed by the United States Department of (4) Payment of license fee. A license fee shall
Agriculture for use in those species. The owner of be paid at the time of application. The
Supp. No. 1 CD5:13
§ 5-31 EDGEWATER CODE
license fee shall be established by resolu- a period of time longer than one year is required
tion of the city council and shall provide to obtain a current city license tag annually on
for a reduced fee for sterilized animals. the date the rabies vaccination was given.
(5) Exemption from license fee. License fees (b) Breeder permit tag. Persons breeding ani-
shall not be required for dogs utilized to mals shall register and be issued a separate
assist the disabled, Seeing Eye dogs, gov breeder permit tag upon completion and approval
ernment police dogs or dogs belonging to a of the breeder permit application process through
nonresident of the city and kept within animal control. Each breeder permit tag shall
the boundaries of the city for not longer have a license identification number which corre-
than 30 days. All dogs of nonresidents sponds to the number on the breeder permit. The
shall at the time of entry into the city be color of the metallic breeder permit tag shall be
properly vaccinated against rabies, and different than that of the license tag. Breeder
while kept within the city meet all other permit tags shall be valid for one year from the
requirements of this chapter. Any owner date of issuance and for only one animal.
claiming a licensing exemption has the (Ord. No. 2009-0-02, Pt. A, 6-15-09)
burden of proving to the satisfaction of
the city that the dog, cat, ferret or other
animal in question is entitled to such Sec. 5-33. License tag and rabies tag to be
exemption. attached to collar or harness of
animal.
(6) Administrative fee. Any licensed veterinar-
ian that dispenses license tags on behalf The city metallic license tag and rabies tag
of the city, shall be allowed to deduct an shall be attached to the collar or harness of the
administrative fee in the amount estab- animal which shall be worn at all times.
lished by resolution of the city council. (Ord. No. 2009-0-02, Pt. A, 6-15-09)
(7) Breeder permit. An owner must obtain an
annual permit through city's animal con- Sec. 5-34. Issuance of duplicate tag.
trol division for:
a. An adult animal intended for breed- In the event of loss or destruction of the metal-
lic license tag, the owner shall obtain a duplicate
ing purposes. tag. The duplicate tag shall be issued at a cost
b. Any premises that harbors more than established by resolution of the city council.
one(1)unaltered dog or cat over four (Ord. No. 2009-0-02, Pt. A, 6-15-09)
months of age.
(Ord. No. 2009-0-02, Pt. A, 6-15-09)
Sec. 5-35. Exceptions to vaccination require-
Sec. 5-32. License tag and breeder permit menhs.
tag. No dog or cat shall require vaccination if:
(a) License tag. Each dog, cat, ferret or other (1) A licensed veterinarian has examined the
animal licensed as provided for in section 5-31 animal and certified that at such time
shall be issued a metallic license tag. Such tag vaccination would endanger its health be-
shall have a license identification number which cause of its age, infirmity, debility, illness
corresponds to the number on the license certifi or medical consideration; and
cate. The color of the metallic license tag shall be
different than that of the breeder permit tag. (2) A certificate evidencing such exception is
License tags shall be valid for one year from the presented to the city.
date of rabies vaccination; a separate rabies vac-
cination and license tag are required for each An exempt animal shall be vaccinated against
animal as described in section 5-30. Any person rabies as soon as its health permits.
who obtains a rabies vaccination that is valid for (Ord. No. 2009-0-02, Pt. A, 6-15-09)
Supp. No. 1 CD5:14
ANIMAL.SERVICES § 5-36
Sec. 5-36. Breeding facilities and kennels. (4) For protection and identification,all breed-
(a) Residential areas. ing animals will be identifiable by either a
tattoo or implant device.An implant scan-
(1) No person shall establish or maintain ner must be on the premises if an implant
animal breeding on their residential 1)re- device is used.
anises without first obtaining an annual (5) A boarder shall not reside in a kennel for
breeder permit and license tag for each more than three weeks per visit, nor more
unsterilized adult animal intended for than 45 days annually.
breeding purposes. The license fee shall
be established by resolution of the city (c) Breeder responsibilities. It shall be a viola-
council. tion of this chapter for breeders to fail to:
(2) Any animal intended for breeding must (1) Maintain accurate records of all animals
be a household pet and reside primarily produced by breeding and a record of their
inside the residence. final disposition.
(3) At no time will the total number of adult (2) Display an appropriate breeder license
animals exceed three (3) per licensed tag number in all advertising.
breeder residence. (3) Supply the new owner with the breeder
(4) The offspring of the animals bred may be license tag number, information on the
sold by the owner upon compliance with importance of spaying and neutering, and
all city, county and state requirements. the requirements of this chapter.
(5) There shall be only one species of dog or (4) Immunize all dogs or cats offered for sale,
cat bred at any licensed breeder resi- trade, other consideration or given away
dence. There shall be no more than one as required by section 828.29, Florida
litter produced per year per animal with a Statutes.
maximum of two litters per breeder resi (5) Offer a spay/neuter contract and follow up
dence per year. on the contract.
(6) For protection and identification,all breed (6) Guarantee to accept return of offspring
ing animals will be identifiable by either a for any reason.
tattoo or implant device.An implant scan-
ner must be on the premises if an implant (d) Indoor facilities for breeding and kennels.
device is used. (1) Facilities must be maintained with tern-
(7) Any person who is a breeder shall obtain perature, ventilation and lighting suit-
an annual business tax receipt and certif- able for each breed of animal housed.
icate of use for their business. (2) The facilities must provide adequate shel-
(b) Kennels. ter from the elements and be kept clean,
(1) Kennels shall be located in compliance dry and maintained regularly so as to
with the Edgewater Land Development promote proper health for the animals
Code and the owner shall be required to being kept. Food must be fresh, whole
obtain an annual business tax receipt and some, palatable, nutritionally adequate
and offered to each animal at least once
certificate of use for their business. daily. Water must be fresh and available
(2) Kennel owners must live on the premises. at all times.All animals shall be provided
(3) No person shall establish or maintain
proper and necessary veterinary care.
animal breeding in a kennel without first (3) Interior building surfaces of any indoor
obtaining an annual breeder permit and facility shall be constructed and main-
license tag for each unsterilized adult tained so that they are impervious to
animal intended for breeding purposes. moisture and can be readily sanitized.
Supp. No. I CD5:15
§ 5-36 EDGEWATER CODE
(4) If drains are used, they shall be properly disease hazards and odors.When a hosing
constructed and kept. or flushing method is used for cleaning an
(5) Cages,kennels and runs must have enough enclosure any animal contained therein
space for animals to lie down, stand, sit . shall be removed from such enclosure
and stretch without touching the sides or during the cleaning process and adequate
top. Dogs shall be exercised a minimum of measures shall be taken to protect the
30 minutes twice daily. animals in other such enclosures from
being contaminated with water and other
(6) Concrete floors and runs must have a waste. A suitable method shall be pro-
resting board and cages must have bed- vided to rapidly eliminate any excess wa-
ding. Insulated bedding materials shall ter.
be provided during inclement weather ex-
tremes. (3) Sanitation of enclosures required. Prior to
(7) All facilities shall be constructed and main- the introduction of animals into empty
tained in compliance with all applicable enclosures previously occupied, such en-
building and technical codes. closures shall be sanitized. Enclosures for
animals shall be sanitized often enough to
(8) Housing areas shall be illuminated dur-
prevent an accumulation of debris or
ing the daylight hours if sunlight does not excreta or a disease hazard; provided,
shine into the cages. however, such enclosure shall be sani-
(9) All cages shall be constructed of impervi- tized at least once per week.
ous porous materials and shall have floors
of either solid construction or metal grid (4) Method of sanitation. Cages, rooms and
construction. Cages having metal grid hard-surfaced pens or runs shall be sani-
floors may be used provided the grid size tized by washing them with hot water and
is smaller than the pads of the feet of the soap or detergent or by washing all soiled
animals confined therein. No cages shall surfaces with a detergent solution fol-
be enclosed entirely by solid walls. Stack lowed by a safe and effective disinfectant,
cages must have solid floors and if drains or by cleaning all soiled surfaces with live
are used, they shall be properly con- steam. Pens or runs using gravel, sand or
strutted and kept in good repair to avoid dirt shall be sanitized by removing the
foul odors. soiled gravel, sand or dirt and replacing it
(e) Outdoor facilities for breeding and kennels. as necessary.
(1) Shelter. Sufficient shade shall be provided (5) Pest control. An effective program for the
to afford all animals protection from di control of insects, ectonarasites and avian
rect sunlight. Sufficient cover shall be and mammalian pests shall be estab-
provided to protect all animals from rain. lished and maintained.
Shelter shall be provided for all animals
when the ambient temperature falls be-
low 50 degrees Fahrenheit.Sufficient clean (f) Inspections and enforcement. Annual inspec-
bedding material or other means of pro tions of breeding facilities and kennels shall be
tection from the elements shall be pro- conducted by the animal control officer. An ani-
vided when the ambient temperature falls mal control officer may, without notice, inspect
below that temperature to which the an- breeding facilities and kennels in the investiga-
imals are acclimated. tion of a complaint against such facility.
(Ord. No. 2009-0-02, Pt. A, 6-15-09)
(2) Cleaning of enclosures. Excreta shall be
removed from enclosures as often as nec-
essary to prevent contamination of the
animals contained therein and to reduce Secs. 5-37-5-39. Reserved.
Supp. No. 1 CD5:16
ANIMAL SERVICES § 5-41
ARTICLE III. IMPOUNDMENT (b) Incapacity of owner. If the owner of an
impounded animal is incarcerated or otherwise
Sec. 5-40. Impoundment. rendered temporarily unable to care for the ani-
(a) Animals subject to impoundment. An ani- mal, the impounding facility or shelter having
mal control officer shall have the authority to pick custody of the animal will hold the animal up to
up, capture, catch, procure and impound in a
three days. During this three-day period, all rea-
holding facility any animal found on public or sonable means will be utilized in an attempt to
private property under the following conditions: contact the owner to make arrangements for care
of the animal impounded. If no arrangements are
(1) Any animal suspected or believed to be made,custody will then revert to the city's animal
infected with rabies or any infectious dis- shelter for adoption or euthanasia if necessary.
ease. An animal suspected of having or
exhibiting symptoms of rabies or an infec (c) Sterilization. Any animal impounded three
tious or contagious disease shall be segre times within a 12-month period must be sterilized
gated from other animals. prior to return to its owner. Sterilization will be at
the owner's expense.Any animal determined by a
(2) Any animal not licensed or permitted as licensed veterinarian and the city's animal ser-
provided for in this chapter. vices division to be at risk of unintended adverse
(3) Any animal running at large. effects from the sterilization procedure is exempt
from this section.
(4) Any animal constituting a public nui (Ord. No. 2009-0-02, Pt. A, 6-15-09)
sance.
(5) Any animal that has been or is being Sec. 5-41. Disposition of impounded ani-
mistreated. mals.
(6) Any lost, abandoned or unattended ani- (a) When an animal bears an indicia of owner-
mal. ship or whenever the owner of an impounded
(7) Any dog that appears to be running in a animal can be determined, the animal control
pack. For the purposes of this section a officer shall notify the owner of the animal's
pack shall mean three or more dogs. impoundment by the most expedient means, i.e.,
telephone message, posted written notice, or cer-
(8) Any dangerous animal not in compliance tified mail, return receipt requested.
with the written notification of their clas-
sification. (b) If an animal is not claimed within three
(9) Any animal being considered for danger- days after impoundment, the animal shall be
ous animal classification. deemed unowned or abandoned and shall be dis-
posed of pursuant to the requirements of this
(10) Any female animal in heat which is not chapter and the rules and regulations of the
property confined by its owner pursuant impounding facility.
to section 5-20.
(c) The final day of the impoundment period
(11) Any wildlife hybrid for which the owner shall only occur on a day in which the impounding
does not have a proper permit. facility is open for normal operating activities.
(12) Any animal that is in violation of any Upon proof of ownership,payment of any impound-
quarantine or confinement order of an ment fees, and the procurement of any required
animal control officer. vaccinations and tags,the owner of an impounded
(13) Any unattended animal that is ill,injured animal is entitled to resume possession. However,
in the event that an animal has been impounded
or otherwise in need of care. due to cruelty, mistreatment or public nuisance,
(14) Any animal that a court of competent the owner shall only be entitled to redemption of
jurisdiction has ordered impounded or de- the animal after the animal control officer autho-
stroyed. rizes such redemption. Proof of ownership may
Supp No. 1 CD5:17
§ 5-41 EDGEWATER CODE
include a license receipt, affidavits of neighbors, bitten by another animal having or suspected of
photographs or other reliable documentary evi- having rabies to report those facts immediately to
dence. an animal control officer.
(Ord. No. 2009-0-02, Pt. A, 6-15-09)
(d) Upon determination of cruelty, abuse, ne-
glect or abandonment, the animal control officer Sec. 5-51. Duties of animal control officer.
may impound an animal for a period in excess of
three days. In that case, the impounding facility (a) When an animal control officer is informed
shall not dispose of the animal until so directed by that an animal has bitten or scratched a person or
the animal control officer. that an animal is suspected of having or showing
symptoms of rabies, any other infectious or con-
(e) Any unclaimed animal shall become the tagious disease or any unusual behavior, the
property of the impounding facility after the three animal control officer shall:
day hold period, and may be humanely destroyed,
maintained or disposed of by gift,sale or adoption (1) Capture such animal. In the capture of
pursuant to the requirements of this chapter and such animal the animal control officer
the rules and regulations of the impounding facil- shall not kill such animal unless in its
ity. capture a clear and present danger of
harm or injury to the animal control of-
(f) The impoundment period may be waived for ficer or other persons exists. Such animal
any animal(including feral cats)that appear to be shall be placed in quarantine for observa-
injured, ill or a danger to themselves or others. tion for a period of at least ten days from
the date of the bite or scratch. The owner
(g) The impoundment period may also be waived of such animal shall relinquish possession
for all avians, reptiles, venomous snakes and any of the animal for the purpose of'quaran-
other exotic animal unable to be safely im- tine.
pounded by the city, as determined by the animal
control officers. (2) Detach without mutilation and send to a
(Ord. No. 2009-0-02, Pt. A, 6-15-09) state board of health laboratory for patho-
logical examination the head of any wild
animal or any animal tamed from a wild
Secs. 5-42-5-49. Reserved. environment,which has bitten or scratched
any person, if in the opinion of the animal
ARTICLE IV. RABIES control officer such injury was the result
of an aggressive and overt act or such
animal is suspected of having or exhibits
Sec. 5-50. Animals infected with rabies; re- symptoms of having rabies, or if such is
porting requirements. the request of the person bitten or
scratched,his or her parent or legal guard-
(a) It shall be the duty of the owner and any ian, or his or her physician and the ani-
person knowing of any animal infected with or mal control officer.
showing symptoms of rabies or any unusual be-
havior to report the same immediately to an (b) Quarantine shall be maintained in the im-
animal control officer. poundment facility or at the owner's request in a
licensed veterinary hospital of his choice. Any
(b) It shall be the duty of any person bitten or animal under quarantine shall not be released or
scratched or having knowledge of or treating any moved from the place of the initial quarantine
person bitten or scratched by any animal to confinement unless permission is obtained from
immediately report the fact of such bite or scratch the animal control officer. The owner, if any, shall
to the animal control officer. It shall be the duty of bear the cost of the care,feeding and maintenance
any person knowing of or treating any animal of a quarantined animal.
Supp. No. 1 CD5:18
ANIMAL.SERVICES § 5-60
(c) The owner of any dog vaccinated with an ARTICLE V. DANGEROUS DOGS
approved rabies vaccine within the past 12 months,
after receiving approval of the animal control Sec. 5-60. Dangerous dogs.
officer may have such dog quarantined in an
alternate location. At any time during the q'uar- (a) F.S. §§ 767.12 through 767.14 and all sub-
antine it is determined by the animal control sequent amendments regulating dangerous dogs
officer that the quarantine is not property main- are adopted by reference and incorporated herein.
tamed, the animal control officer, at the owner's
expense,shall impound the animal in the impound- (b) An animal control officer shall investigate
ment facility. reported incidents involving any dog that may be
dangerous and shall, if possible, interview the
(d) Any animal subject to quarantine shall not owner and require a sworn affidavit from any
be vaccinated before the quarantine period has person desiring to have a dog classified as dan-
expired. gerous. Any animal that is the subject of a dan-
(Ord. No. 2009-0-02, Pt. A, 6-15-09) gerous dog investigation and is not impounded
shall be humanely and safely confined by the
owner in a securely fenced or enclosed area pend-
Sec. 5-52. Surrender of animal for quaran- ing the outcome of the investigation and resolu-
tine or destruction. tion of any hearings related to the dangerous dog
It shall be a violation of this chapter for any classification. The address of the location where
person to fail to surrender any animal for quar the animal is confined shall be provided to the
antine or destruction as required by the animal animal control officer.No dog that is the subject of
control officer. a dangerous dog investigation may be relocated or
(Ord. No. 2009-0-02, Pt. A, 6-15-09) ownership transferred pending the outcome of an
investigation or any hearings related to the deter-
mination of a dangerous dog classification. In the
Sec. 5-53. Killing or removal of rabid ani- event that a dog is to be destroyed, the dog shall
mal. not be relocated or ownership transferred. A dog
shall not be declared dangerous if the threat,
It shall be a violation of this chapter for any injury or damage was sustained by a person who
person except an animal control officer pursuant at the time was unlawfully on the property or
to section 5-51 to kill or cause to be killed, or to while lawfully on the property, was tormenting,
remove from the city without consent of an ani- abusing, or assaulting the dog or its owner or a
mal control officer any rabid animal, any animal family member. No dog may be declared danger-
suspected of having or showing symptoms of ous if the dog was protecting or defending a
rabies or any other infectious or contagious dis- human being within the immediate vicinity of the
ease or unusual behavior, or any animal biting a dog from an unjustified attack or assault.
human.
(Ord. No. 2009-0-02, Pt. A, 6-15-09) (c) After the investigation, the animal control
officer shall make an initial determination as to
Sec. 5-54. Surrender of carcass of rabid an-
whether there is sufficient cause to classify the
imal. dog as dangerous and shall afford the owner an
opportunity for a hearing prior to making a final
It shall be a violation of this chapter for any determination. The animal control officer shall
person to refuse to surrender to an animal control provide written notification of the sufficient cause
officer the carcass of any dead animal exposed to finding, to the owner, by registered mail, certified
or suspected of having been exposed to rabies. hand delivery, or service in conformance with the
(Ord. No. 2009-0-02, Pt. A, 6-15-09) provisions of F.S. chapter 48 relating to service of
process. The owner may file a written request for
a hearing before the animal control board within
Secs. 5-55-5-59. Reserved. seven calendar days from the date of receipt of the
Supp. No. I CD5:19
§ 5-60 EDGEWATER CODE
notification of the sufficient cause finding and, if (3) Is sold, given away, or dies.
requested, the hearing shall be held as soon as
possible, but not more than 21 calendar days and (4) Is moved to another address.
no sooner than five days after receipt of the
request from the owner. Prior to a dangerous dog being sold or given away,
the owner shall provide the name, address, and
(d) Once a dog is classified as a dangerous dog, telephone number of the new owner to an animal
the animal control officer shall provide written control officer. The new owner must comply with
notification to the owner by registered mail, cer- all of the requirements of this section even if the
tified hand delivery or service in conformance animal is moved elsewhere in the state. An ani-
with the provisions of F.S. chapter 48. The owner mal control officer must be notified by the owner
may file a written request for a hearing in county of a dog classified as dangerous that the dog is in
court to appeal the classification within ten busi- her jurisdiction.
ness days after receipt of a written determination
of dangerous dog classification. The owner must (g). It is unlawful for the owner of a dangerous
confine the dog in a securely fenced or enclosed dog to permit the dog to be outside a proper
area pending a resolution of the appeal. enclosure unless the dog is muzzled and re-
(e) Within 14 days after a dog has been classi strained by a substantial chain or leash and
fled as dangerous by the animal control board or under the control of a competent person. The
a dangerous dog classification is upheld by the muzzle must be made in a manner that will not
county court, the owner of the dog must obtain a cause injury to the dog or interfere with its vision
certificate of registration for the dog from the city. or respiration but will prevent it from biting any
The certificate shall be renewed annually. Certif person or animal.The owner may exercise the dog
icates of registration, and renewals thereof, shall in a securely fenced or enclosed area that does not
only be issued to persons who are at least 18 years have a top without a muzzle or leash if the dog
of age and who present to the city sufficient remains within his or her sight and only members
evidence of: of his or her immediate household or persons 18
years of age or older are allowed in the enclosure
(1) A current certificate of rabies vaccination when the dog is present.When being transported,
for the dog. such dogs must be safely and securely restrained
(2) A proper enclosure to confine a dangerous within a vehicle.
dog and the posting of the premises with a
clearly visible warning sign at all entry (h) Hunting dogs are exempt from the provi-
points that informs both children and sions of this section when engaged in any legal
adults of the presence of a dangerous dog hunt.However,such dogs at all other times and in
on the property. all other respects shall be subject to the provi-
sions of this chapter. Dogs that have been classi-
(3) Permanent identification of the dog, such fled as dangerous shall not be used for hunting
as a tattoo on the inside thigh or elec- purposes.
tronic implantation.
The registration fee shall be established by reso (i) This section does not apply to dogs used by
lution of the city council and shall provide for a law enforcement officials for law enforcement
reduced fee for sterilized animals. work.
(f) The owner of a dangerous dog shall imme- (j) The fee for issuance of a dangerous dog
diately notify the animal control officer when a certificate of registration shall be established by
dog that has been classified as dangerous: resolution of the city council.
(1) Is loose or unconfined.
(k) Any person who violates any provision of
(2) Has bitten a human being or attacked this section guilty of a noncriminal infraction
another animal. punishable by a fine not exceeding $500.00.
Supp. No. I CD5:20
ANIMAL.SERVICES fi 5-70
(1) If a dog that has previously been declared request a hearing before the animal control board.
dangerous attacks or bites a person or a domestic The owner shall be responsible for payment of all
animal without provocation,the owner is guilty of boarding costs and other fees as may be required
a misdemeanor of the first degree, punishable as to humanely and safely keep the animal during
provided in F.S. §§ 775.082 or 775.083. In addi- any appeal procedure.
tion, the dangerous dog shall be immediately
confiscated by an animal control officer, placed in (o) If the owner files a written appeal, the dog
quarantine, if necessary, for the proper length of must be held and may not be destroyed while the
time, or impounded and held for ten business appeal is pending. The owner is responsible for
days after the owner is given written notification any and all fees while the animal is being held
and thereafter destroyed in an expeditious and pending appeal.
humane manner. This ten-day time period shall (p) If a dog attacks or bites a person who is
allow the owner to request a hearing before the engaged in or attempting to engage in a criminal
animal control board. The owner shall be respon- activity at the time of attack, the owner is not
sible for payment of all boarding costs and other guilty of any crime specified under this section.
fees as may be required to humanely and safely (Ord. No. 2009-0-02, Pt. A, 6-15-09)
keep the animal during any appeal procedure.
(m) If a dog that has not been declared dan- Secs. 5-61-5-69. Reserved.
gerous attacks and causes severe injury to or
death of any human,the dog shall be immediately
confiscated by an animal control officer, placed in ARTICLE VI. ENFORCEMENT AND
quarantine, if necessary, for the proper length of PENALTIES
time or held for ten business days after the owner
is given written notification, and thereafter de- Sec. 5-70. Enforcement.
stroyed in an expeditious and humane manner.
This ten-day time period shall allow the owner to (a) An animal control officer who has probable
request a hearing before the animal control board. cause to believe that a violation of this chapter
The owner shall be responsible for payment of all has occurred shall do one or more of the following:
boarding costs and other fees as may be required (1) Issue a warning to the person who has
to humanely and safely keep the animal during committed the violation.
any appeal procedure. In addition, if the owner of
the dog had prior knowledge of the dog's danger- (2) Issue a citation to the person who has
ous propensities, yet demonstrated a reckless committed the violation.
disregard for such propensities under the circum- (3) Impound the animal involved.
stances, the owner of the dog is guilty of a
misdemeanor of the second degree, punishable as The determination that a violation has occurred
provided in F.S. §§ 775.082 or 775.083. may be the result of the animal control officer's
own investigation or as the result of a complaint
(n) If a dog that has previously been declared by an aggrieved person.
dangerous attacks and causes severe unaware
(injury) to or death of any human, the owner is (b) A violation of this chapter, except as other-
guilty of a felony of the third degree, punishable wise provided, constitutes a civil infraction pun-
as provided in F.S. §§775.082,775.083 or 775.084. ishable by a civil penalty no to exceed $500.00.
In addition, the dog shall be immediately confis- Penalties for violation of specific sections of this
cated by an animal control officer,placed in guar- chapter shall be established by resolution of the
antine, if necessary, for the proper length of time city council. If a person who has committed the
or held for ten business days after the owner is violation does not contest the citation, a civil
given written notification and thereafter de- penalty of less than the maximum allowed will be
stroyed in an expeditious and humane manner. assessed.Any citation may be contested in county
This ten-day time period shall allow the owner to court.
Supp. No. 1 CD5:21
§ 5-70 EDGEWATER CODE
(c) Each day or fraction thereof during which a (i) Once the city prevails in any action related
violation of this chapter continues shall be con- to a violation or determination under this chapter,
sidered as a separate offense. the city shall be entitled to recover from the
person committing the violation all administra-
(d) It shall be mandatory for an owner of an tive-costs associated with the proceeding and all
animal to appear in court under the following costs incurred by the city in harboring the animal
circumstances: during the course of the proceeding.
(1) When any violation of this chapter results (j) In addition to the civil penalty,the city shall
in the unprovoked biting, attacking or include on the citation any costs assessed against
wounding of another animal. the owner of an animal by operation of this
chapter which remain unpaid as of the time a
(2) When any violation of this chapter results citation is issued.
in the destruction or loss of personal prop- (Ord. No. 2009-0-02, Pt. A, 6-15-09)
erty 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 in-
volving 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 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.
Sapp. No. 1 CD5:22
ORDINANCE NO. 2011-0-Animals .. 4
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ARTICLE I (IN GENERAL) AND
ARTICLE II (VACCINATIONS, LICENSES AND
PERMITS) OF CHAPTER 5 (ANIMAL SERVICES);
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; AND
PROVIDING FOR CODIFICATION, AN EFFECTIVE
DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. On June 15, 2009, Council approved Ordinance #2009-0-02 which amended
Chapter 5 (Animal Services) in its entirety.
2. Amendment of Article I (In General) and Article II (Vaccinations, Licenses and
Permits) will include modifications relating to Section 5-37 (Mandatory Spay and Neuter) and
correction of certain scriveners errors.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND ARTICLE I (IN GENERAL) AND ARTICLE II
(VACCINATIONS, LICENSES AND PERMITS) OF
CHAPTER 5 (ANIMAL SERVICES) OF THE CODE OF
ORDINANCES IN ITS ENTIRETY FOR THE CITY OF
EDGEWATER, FLORIDA.
Chapter 5 (Animal Services), Article I (In General) and Article II (Vaccinations,
Licenses and Permits) is hereby amended to read as follows:
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:
1
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Underlined passages are added.
#2011-O-chapter5-spay-neuter
Abandonment. To forsake entirely or to neglect or refuse to provide for the care and
support of an animal.
ACB. The animal control board.
Adult. A human being of at least 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.
Animal under restraint. An animal secured by a leash or lead and under the control of a
person physically capable of restraining the animal or securely enclosed within the real property
limits of the owner's premises. Animal under restraint shall also include the following:
(1) While on the property of its owner that:
a. Reasonable care and precautions are taken to prevent the animal from
leaving, while unattended, the real property of its owners; and
b. The animal is:
1. Securely and humanely confined within a house, building, fence,
crate, pen or other enclosure; or
2. Humanely secured by chain, cable and trolley, rope or tether of
sufficient strength to prevent escape; or
3. Leashed and controlled 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 pickup 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 all times it is not secured.
2
Strike passages are deleted.
Underlined passages are added.
#2011-O-chapter5-spay-neuter
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. 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.
Breeder. Any 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.
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. chapter 154 as director of
the Volusia County Health Department and his/or her designated agents.
Cruelty. Any act or omission whereby unjustifiably 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:
3
StFike-threugh passages are deleted.
Underlined passages are added.
#2011-0-chapter5-sp ay-neuter
(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 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 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.
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. shelter, spate and veterinary care to maintain-the
Owner responsibilities. An animal owner shall adhere [to] and provide at the minimum
the following for the animal in their care:
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(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 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 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 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. 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.
(5) An animal that chases motor vehicles in a public right-of-way;
(6) An animal that is not under restraint as defined in this section;
(7) A dangerous animal;
(8) Any animal that damages, urinate or defecates on public or private property as
prohibited by section 5-12;
(9) Any animal that is repeatedly found running at large;
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(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 bonds, 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 animals ails
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.
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.
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(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 animal 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
(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:
(1) Hear appeals of the initial determination Of 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 of this chapter.
(4) To subpoena witnesses to its hearings. The subpoenas shall be served by the
Edgewater Police Department.
(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.
(b) Membership: Appointment, removal, terms, vacancies and qualifications.
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(1) The ACB shall be composed of five 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
years without compensation but may receive travel and other necessary expenses
while on official business of the ACB.
(5) If a member of the ACB has three 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.
(7) No member of the ACB shall appear for or represent any person in any matter
before the ACB other than himself or herself.
(8) No past member of the ACB shall appear before the ACB except when
representing himself or herself for a period of 12 calendar months after his or her
service has ended.
(c) Members.
(1) 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
members shall be eligible for re-election.
(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 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 semiannually.
(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 members.
(2) The affirmative vote of three 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.
(f) Professional support. The animal control division and city attorney shall provide
the necessary professional support to the ACB.
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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.
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, Vietnamese pot-bellied pigs, sheep, goats, bees, cattle,
chickens, or other farm animals shall not apply to any property within the city that either:
(1) Maintains an agricultural property designation with the Volusia County Property
Appraiser's office as [of] June 15, 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 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 more than one an unsterilized dog or cat over four
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 fee, 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 designate from time to time by the city.
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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.
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.
(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 wished 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 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 stated stating the
date, time and location where the animal was found and a description of the
animal.
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(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 the 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.
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 surrounding 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 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 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
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(4) The person requesting the trap shall immediately notify an animal control officer
when an animal is captures.
(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.
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 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), 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
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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 long 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.
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—5-29. Reserved.
ARTICLE II. VACCINATIONS,LICENSES 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 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
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current vaccination in managing rabies exposure or determining the need for booster
vaccinations.
Sec. 5-31. License required.
Every person who owns a dog, cat, ferret or other animal over the age of four months
within the city shall annually obtain a license for such animal from the city's animal control
division. Such license shall be valid for not more than one year from the date of rabies
vaccination.
(1) Application. Application for such license shall be made by the owner
within ten days after acquiring any dog, cat, ferret or other animal over
four months of age or within ten days after a dog, cat, ferret or other
animal becomes four 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 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 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.
(3) Proof of Sterilization. Any owner claiming that his or her dog, cat, ferret
or other animal has been spayed 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) Exemption from license fee. License fee 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 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, 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 of the city council.
(7) Breeder permit. 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 months of age.
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Sec. 5-32. License tag and breeder permit tag.
(a) License tag. Each dog, 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; a separate
rabies vaccination and license tag are required for each animal as described in section 5-
30. 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.
Breeder will be required to live in properly zoned area and acquire a Business Tax
Receipt from the City to operate business.
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.
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. Breeding facilities and kennels.
(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.
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(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.
(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 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 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.
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(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
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prevent an accumulation of debris or excreta or a disease hazard; provided,
however, such enclosure shall be sanitized at least once per 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. 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.
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 four (4) 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 (1) show or
sporting competition sanctioned by a bona fide national registry
within the last 365 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
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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 of Florida
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 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 thirty(30) days.
3. Law 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 C.F.R. 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 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 thirty (30) days of the dog or cat becoming four (4)
months of age, or by , 2011, whichever is later in
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time, or, in the case of an owner whom acquired a dog or cat after it
becoming four(4) months of age, thirty(30) 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 thirty (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 mircochip in
writing of any change in ownership of a dog or cat within thirty (30)
calendar days.
f. Term of permit. An unaltered animal permit shall be valid for the life of
the dog or cat.
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 (10) 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 animal control board within thirty (30)
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 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 thirty (30)
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.
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Secs. 5-38—5-39. Reserved.
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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
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 relettered to
accomplish such intention; provided,however, that Parts B through F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F. ADOPTION.
After Motion to approve by and Second by , the
vote on the first reading of this ordinance held on July 18, 2011 was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
After Motion to approve by and Second by , the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Michael Ignasiak
Councilwoman Gigi Bennington
Councilman Justin Kennedy
Councilman Ted Cooper
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PASSED AND DULY ADOPTED this 15th day of August, 2011.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel Mike Thomas
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 15th day
legality by: Carolyn S. Ansay, Esquire of August, 2011 under Agenda Item No.
City Attorney 8 .
Doran, Sims,Wolfe,Ansay& Kundid
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