97-O-08
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ORDINANCE NO. 97-0-08
AN ORDINANCE REPEALING CHAPTER 5 (ANIMALS AND FOWL) OF
THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA AND
ADOPTING CHAPTER 5 (ANIMAL CONTROL); PROVIDING FOR A
SHORT TITLE, DEFINITIONS, ANIMAL CONTROL OFFICERS,
INTERFERING WITH ANIMAL CONTROL OFFICERS, ANIMAL CONTROL
DOCUMENTS, ANIMAL CONTROL BOARD, CITY DESIGNATED AS BIRD
SANCTUARY, ANIMALS PROHIBITED, KEEPING BEES PROHIBITED,
FEEDING OF WILDLIFE PROHIBITED, WILDLIFE HYBRIDS
PROHIBITED, AND ANIMALS DEFECATING ON PUBLIC OR PRIVATE
PROPERTY PROHIBITED; EXCEPTION; PROVIDING FOR ANIMALS
PROHIBITED IN PARKS AND ON BEACHES, RUNNING AT LARGE
PROHIBITED, ANIMALS UNDER RESTRAINT, RESTRAINT OF GUARD
DOGS, PUBLIC NUISANCE ANIMALS PROHIBITED, POISONING OR
TRAPPING OF ANIMALS, CRUELTY TO ANIMALS PROHIBITED,
FEMALE ANIMALS IN HEAT, DISPOSITION OF DEAD ANIMALS,
ANIMALS TRANSPORTED IN VEHICLES, DUTIES OF DRIVER WHEN
VEHICLE STRIKES ANIMAL, DOGS AND CATS TRANSPORTED OR
OFFERED FOR SALE OR GIFT, VACCINATION OF DOGS AND CATS,
LICENSE REQUIRED, LICENSE TAG, LICENSE TAG AND RABIES TAG
TO BE ATTACHED TO COLLAR OR HARNESS OF ANIMAL, ISSUANCE
OF DUPLICATE TAG, EXCEPTIONS TO VACCINATION REQUIREMENTS,
BREEDING AND KENNELS, IMPOUNDMENT, DISPOSITION OF
IMPOUNDED ANIMALS, ANIMALS INFECTED WITH RABIES;
REPORTING REQUIREMENTS, DUTIES OF ANIMAL CONTROL OFFICER,
SURRENDER OF ANIMAL FOR QUARANTINE OR DESTRUCTION,
KILLING OR REMOVAL OF RABID ANIMAL, SURRENDER OF CARCASS
OF RABID ANIMAL, DANGEROUS DOGS, AND ENFORCEMENT AND
PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida
has determined that it is in the best interests of the citizens of
Edgewater to update the existing animal control ordinance.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. REPEALING CHAPTER 5 (ANIMALS AND FOWL) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Chapter 5, Sections 5-1 through 5-45 are hereby repealed in
their entirety.
PART B. ADOPTION OF CHAPTER 5 (ANIMAL CONTROL) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Chapter 5, Sections 5-1 through 5-69 are hereby adopted to
read as follows:
CHAPTER 5 ANIMAL CONTROL
Section
Title
Article I. General provisions
5-1 Short title.
struck through passages are deleted.
Underlined passages are added.
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5-2
5-3
5-4
5-5
5-6
5-7
5-8
5-9
5-10
5-11
5-12
5-13
5-14
5-15
5-16
5-17
5-18
5-19
5-20
5-21
5-22
5-23
5-24
5-25
5-26
5-27
5-28
5-29
5-30
5-31
5-32
5-33
5-34
5-35
5-36
5-37
5-38
5-39
5-40
5-41
5-42
5-43
5-44
5-45
5-46
5-47
5-48
5-49
5-50
5-51
5-52
5-53
5-54
5-55
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Definitions.
Animal control officers.
Interfering with animal control officers.
Animal control documents.
Animal control board.
City designated as bird sanctuary.
Animals prohibited.
Keeping bees prohibited.
Feeding of wildlife prohibited.
wildlife hybrids prohibited.
Animals defecating on public or private property
prohibited: exception.
Animals prohibited in parks and on beaches.
Running at large prohibited.
Animals under restraint.
Restraint of guard dogs.
Public nuisance animals prohibited.
Poisoning or trapping of animals.
Cruelty to animals prohibited.
Female animals in heat.
Disposition of dead animals.
Animals transported in vehicles.
Duties of driver when vehicle strikes animal.
Dogs and cats transported or offered for sale or gift.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Article II. Licenses. Permits and Vaccinations
Vaccinations of dogs and cats.
License required.
License tag.
License tag and rabies tag to be attached to collar or
harness of animal.
Issuance of duplicate tag.
Exceptions to vaccination requirements.
Breeding and kennels.
Reserved.
Reserved.
Reserved.
Article III. Impoundment
Impoundment.
Disposition of impounded animals.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Article IV. Rabies
Animals infected with rabies: reporting requirements.
Duties of animal control officer.
Surrender of animal for quarantine or destruction.
Killing or removal of rabid animal.
Surrender of carcass of rabid animal.
Reserved.
struck through passages are deleted.
Underlined passages are added.
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~ 5-56
5-57
5-58
5-59
5-60
5-61
5-62
5-63
5-64
5-65
5-66
5-67
5-68
5-69
5-60
5-61
5-62
5-63
5-64
5-65
5-66
5-67
5-68
5-69
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Reserved.
Reserved.
Reserved.
Reserved.
Article V. Dangerous Dogs
Dangerous dogs
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Article VI. Enforcement and Penalties
Enforcement and penalties.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Reserved.
Article I. General provisions
Sec. 5-1. Short title.
Ordinance of the City of Edgewater, Florida."
This chapter shall be referred to as the "Animal Control
Sec. 5-2. Definitions.
meaning ascribed to them herein:
As used in this chapter the following terms shall have the
Abandonment: to forsake entirely or to neqlect or refuse to
provide for the care and support of an animal.
ACB: the Animal Control Board
Adult: a human beinq of at least eiqhteen (18) years of aqe.
Aqqressive animal: any animal that without provocation
constitutes a physical threat to human beings or other animals.
Animal: any livinq dumb creature capable of self locomotion
and includes but is not limited to:
dogs. cats. horses. birds.
struck through passages are deleted.
Underlined passages are added.
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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 ln the definition of animals.
Animal at larqe: 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. An
animal under voice control shall not be considered at large if
voice control is demonstrated by owner.
Animal control officer: any authorized aqent or employee of
the City of Edgewater whose duty it is to enforce this chapter or
any other law relating to the licensure of animals. control of
animals or seizure and impoundment of animals and includes any
state or local law enforcement officer or other employee whose
duties in whole or part include assignments that involve the
seizure and impoundment of any animal.
Animal exposed to rabies: any animal which has been bitten by
or has been associated with any animal determined by the county
health officer or the animal control officer to be infected with
rabies or suspected of being infected with rabies.
Animal hospital: any establishment maintained and operated by
a licensed veterinarian for surgery. diagnosis and treatment of
animal diseases and injuries.
Animal under restraint: an animal secured by a leash or lead
under the control of a person physically capable of restraining the
animal and obedient to that person's commands or securely enclosed
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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:
igl Reasonable care and precautions are taken to prevent the
animal from leaving. while unattended. the real property
limits of its owner: and
iQl The animal is:
ill Securely and humanely confined within a house,
building. fence. crate. pen or other enclosure: or
ill Humanely secured by chain. cable and trolley. rope
or tether of sufficient strength to prevent escape:
or
..Lll Leashed or otherwise controlled by a responsible
person or is obedient to the commands of a person
present with the animal at any time it is not
secured as provided for in subsection (1) or (2)
above. Voice control must be demonstrated.
2. While off the property of the owner that:
igl The animal ~s securely confined within a vehicle: or
iQl The animal is caged or tethered in the open bed of a
pick-up truck as set forth in Section 5-22: or
iQl The animal is securely and humanely confined within a
house. building. fence. crate. pen or other enclosure: or
ill The animal is humanely secured by a chain. cable and
trolley. rope or tether of sufficient strength to prevent
escape: or
~ That the animal is leashed or otherwise controlled by a
responsible person or is obedient to the commands of a
person present with the animal at any time it is not
secured. Voice control must be demonstrated.
Animals of utility: animals which are customarily kept and
maintained for utility rather than as pets and shall include
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horses. cattle. chickens and other poultry, swine. goats. sheep and
bees.
Barkina doa: any doq that barks, bays, cries, howls or makes
any other noise continuously and/or incessantly for a period of ten
(10) minutes or barks intermittently for one-half (1/2) hour or
more. However, a dog shall not be deemed a "barking dog" for the
purposes of this chapter if at the time the dog is barking or
making any other noise a person is trespassing or threatening to
trespass upon private property in or upon which the dog is situated
or for any other legitimate cause such as the dog is being teased
or provoked.
Breeder: any person who: offers pet quality doq or cat
offspring with a spay/neuter contract and follows up on the
contract with a guarantee to accept return of the offspring for any
reason: ensures all offspring have been vaccinated according to
Florida law: and who has been issued a breeder permit by the city.
Capture:
the
securinq,
restraininq,
immobilization
or
confinement of any animal at large by the use of cages. ropes.
nets. tranquilizers or any other similar device not intended to
permanently injure the animal.
Certificate
of reqistration:
a city danqerous
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:
k The date and time of issuance.
h The name and address of the person.
~ The date and time the civil infraction was committed.
h The facts constituting probable cause.
~ The section violated.
h The name and authority of the officer.
struck through passages are deleted.
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~ The procedure for the person to follow in order to pay
the civil penalty to contest the citation or to appear in
court.
~ The applicable civil penalty if the person elects to
contest the citation.
~ 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 shall be
deemed to have waived his right to contest the citation
and that. in such case. judgment may be entered against
the person for an amount up to the maximum civil penalty.
11. A conspicuous statement that if the person is required to
appear in court. he does not have the option of paying a
fine in lieu of appearing in court.
Council: the city council of the City of Edqewater, Florida.
County heal th officer: the person appointed pursuant to
Chapter 154. Florida Statutes. as director of the Volusia County
Health Department and his designated agents.
Cruel tv: any act or omission whereby uniustifiable physical
paln. suffering or death of animal is caused or permitted.
including failure to provide proper drink. air. space, shelter or
protection from the elements. a sanitary and safe living
environment. veterinary care or nutritious food.
Danqerous doq: any doq, that accordinq to animal control
records:
h Has aggressively bitten. attacked, endangered or has
inflicted severe injury on a human being on public or
private property:
~ Has more than once severely injured or killed a domestic
animal while off the owner's property:
struck through passages are deleted.
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~ Has been used primarily or in part for the purpose of dog
fighting or is a dog trained for dog fighting: or
~ Has. when unprovoked. chased or approached a person upon
the streets. sidewalks or any public grounds in a
menacing fashion or apparent attitude of attack: provided
that such actions are attested to in a sworn statement by
one or more persons and dutifully investigated by an
animal control officer.
A dog shall not be declared dangerous if the threat. injury or
damage was sustained by a person who at the time was unlawfully on
the property or while lawfully on the property. was tormenting.
abusing. or assaulting the dog or its owner or a family member. No
dog may be declared dangerous if the dog was protecting or
defending a human being within the immediate vicinity of the dog
from an unjustified attack or assault.
Guard or attack dOG: a doq trained to attack on command or to
protect persons or property and who will cease to attack upon
command.
Health certificate: a certificate siqned 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 co-signor and of the
co-signed. The certificate shall list vaccines administered to the
dog or cat and shall state that the animal has no contagious or
infectious diseases and has no intestinal or external parasites.
including coccidiosis and ear mites.
Heel: when a doq is directly behind or next to a person and
obedient to that person's command.
HoldinG or impoundinG facility: the Southeast Volusia Humane
Society shelter and such other facilities as may be from time to
time designated as holding or impounding facilities by the city.
Struck through passages are deleted.
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Impoundment: the takinq into custody of an animal by an animal
control officer.
Kennel: any place of business where doqs or cats reqardless of
number are kept for sale. breeding. boarding or treatment purposes.
except an animal hospital. grooming facility or pet shop. The term
"kennel" shall include any premises used for residential purposes
where four (4) or more dogs or cats four (4) months or older are
kept. harbored or maintained.
Licensed veterinarian: any person who is licensed to enqaqe in
the practice of veterinary medicine in the State of Florida.
Muzzle: a device desiqned to fasten over the mouth of an
animal to prevent the animal from biting any person or other
animal.
Neqlect: 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 orqanization
possessing. harboring, keeping or having control or custody of an
animal or. if the animal is owned by a person under the age of
eighteen (18) years of age. that person's parent or guardian.
Person: any natural person or persons, firm, association or
corporation.
Potentially danqerous animal: an animal with a known
propensity or disposition to attack unprovoked or otherwise to
threaten the safety of humans and domestic animals.
Proper enclosure for a danqerous doq: while on the owner's
property a dangerous dog is securely confined indoors or in a
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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:
~ An animal that damages the property of anyone other than
its owner or causes the loss of property:
~ An animal that has bitten a person without provocation:
~ An animal that bites. attacks or wounds another animal
without provocation:
~ An animal that habitually and excessively howls. barks.
growls or makes other noises so as to unduly disturb or
disrupt the public peace. order and tranquility:
~ An animal that chases motor vehicles in a public right-
of-way;
h An animal that is not under restraint as defined in
Section 5-2:
~ A dangerous animal:
~ Any animal that damages, urinates or defecates on public
or private property as prohibited by Section 5-12:
~ Any animal that is repeatedly found running at large:
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
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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 qood order and cleanliness to
minimize the possibility of disease transmission.
Severe injury: any physical iniury that results in broken
bones. multiple bites or disfiguring lacerations requiring sutures
or reconstructive surgery.
She/her: the feminine qender shall include the masculine
gender and the masculine gender shall include the feminine gender
unless the context requires otherwise.
Shelter: a secure weather resistant structure which protects
an animal from exposure to the elements and which is a minimum of
six (6) inches higher than the animal's height at full stand with
head erect. one and one-half the animal's full body length. and
with sufficient width to permit the animal to turn around.
Stray: any unlicenced and unattended animal off the premises
of its owner.
Unprovoked: when a victim has been conductinq 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.
Voice command: the doq is within the owner's clear siqht and
is immediately responsive to the commands of the owner.
Wholesome exercise: uninhibited movement for a period of time
sufficient for the physical well-being of an animal, considering
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the size. age. and breed of that animal.
Wildlife hybrid: any offsprinq of any wildlife or hybrid bred
with a dog or cat or an animal which is represented as a hybrid by
its owner.
Workinq day: any calendar day excludinq Saturdays, Sundays and
city holidays.
Sec.5-3. Animal control officers.
(a) Animal control officers shall be the enforcement
officials for this chapter and in that regard are authorized to
investigate. on public or private property. violations of this
chapter. impound animals. issue warnings and citations. and take
other lawful actions as provided herein to enforce the provisions
of this chapter.
During an investigation. the animal control
officer may request the owner to exhibit the animal. and. if
applicable. the license of such animal.
(b) Animal control officers are not authorized to enter into
any dwelling unit. structure or fenced enclosure for purposes of
investigation. but may enter into a fenced enclosure to impound any
animal known or suspected of biting or scratching any person or
any animal infected with or showing symptoms of rabies.
(c) Animal control officers are not authorized to bear arms
or make arrests.
However. animal control officers may carry a
device to chemically subdue and tranquilize an animal. provided
that the animal control officer has successfully completed a
minimum of sixteen (16) hours of training in marksmanship.
equipment handling. safety and animal care and can demonstrate
proficiency in chemical immobilization of animals in accordance
with
guidelines
prescribed in the Chemical
Immobilization
Operational Guide of the American Humane Association.
Sec. 5-4.
Interfering with animal control officers
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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 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 animal control documents shall be maintained by
the Animal Control Supervisor:
~ Accurate and detailed reports and records of the
licensing. impoundment and disposition of all animals
coming into the custody of an animal control officer:
~ Accurate and detailed records of all reported bite cases
and investigations for a minimum of three (3) years: and
~ Accurate records of all license certificates.
Sec. 5-6. Animal Control Board
Lgl Creation, Powers and Duties.
The Animal Control Board
(hereafter ACB) is hereby created and shall exercise the
following powers and duties under this chapter:
~ Hear appeals of the initial determination of an
animal control officer classifying a dog as
dangerous pursuant to Section 767.12. Florida
Statutes.
~ Hear appeals regarding the confiscation of a dog
for destruction pursuant to Section 767.13. Florida
Statutes.
~
To subpoena witnesses to its hearings.
The
subpoenas shall be served by the Edgewater Police
Department.
~ To take testimony under oath.
~ To issue orders having the force of law to command
whatever steps are necessary to address the appeal.
Such orders may require:
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~ Obedience training for the animal in question.
~ Muzzling of an animal while off the property
of the owner.
~ Confinement of an animal indoors.
ih
Confinement
of
an
animal
in
a
secure
enclosure.
~ Reduction of the number of animals kept in any
one location.
~ The sterilization of an animal.
L. Any other measure or sanction designed to
protect the health and safety of the public.
~ Make recommendations to the City Council on animal
control matters.
~ To adopt rules of procedure not inconsistent with
the provisions of this chapter and approved as to
form and correctness by the City Attorney.
iQl Membership: Appointment, Removal, Terms, Vacancies and
Qualifications.
.L..
The ACB shall be composed of five
( 5) members.
Whenever possible, the membership shall include a
licensed veterinarian. a Southeast Volusia Humane
Society representative. a dog owner. and a cat
owner. No City employee shall be a member of the
ACB.
~ Each member of the ACB shall be a resident of the
city unless
no qualified
resident
candidate
applies.
~ ACB members shall serve on no other city board or
committee.
~ Members of the ACB shall be appointed for a term of
three (3) years without compensation but may
receive travel and other necessary expenses while
on official business of the ACB.
Due to the need
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to stagger terms to guarantee continuity on the
ACB. the initial appointments shall be as follows:
two (2) members shall be appointed for three (3)
years. two (2) members shall be appointed for two
(2) years. and one (1) member shall be appointed
for one (1) year.
~ If a member of the ACB is absent for three (3)
consecutive regular meetings during any calendar
year. said member shall forfeit the office. The
City Council shall fill the office for the
remainder of the unexpired term.
h A member of the ACB may be removed for cause by the
City Council at any time. provided however. that
before such removal the member shall be provided
with written charges and given an opportunity to
appear in his defense at a public meeting.
h No member of the ACB shall vote upon any matter
which would inure to his special private gain or
loss: which he knows would inure to the special
private gain or loss of any principal by whom he is
retained; or which he knows would inure to the
special private gain or loss of a relative or
business associate.
~ No member of the ACB shall appear for or represent
any person in any matter before the ACB other than
himself.
~ No past member of the ACB shall appear before the
ACB except when representing himself for a period
of twelve (12) calendar months after his service
has ended.
ec) Officers.
~ The ACB shall elect a Chairman and Vice Chairman
from among its members at the first regular meeting
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in January each year to serve a term of one ( 1 )
year.
The officers shall be eligible for re-
election.
h The Chairman shall preside at all meetings and
hearings of the ACB and appoint any committees that
are deemed necessary.
~ In the absence o'f the Chairman. the Vice Chairman
shall preside at all meetings and hearings of the
ACB.
h The members of the ACB may select an additional
person who shall preside over meetings in the
absence of the Chairman and Vice Chairman.
~ The Secretary. provided by the City. shall keep
minutes of the proceedings of the ACB.
(d) Meetinos, Hearinos and Procedures.
~ Regularly scheduled meetings of the ACB shall be
held quarterly.
h Special meetings or hearings of the ACB may be
called by the Chairman. Vice Chairman or animal
control officer.
(e) Quorum
~ No business shall be transacted by the ACB without
a quorum.
A quorum shall consist of three ( 3 )
members.
h The affirmative vote of three (3) members 1S
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.
1il Professional Support. The Animal Control Supervisor 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.
Sec. 5-8. Animals prohibited.
It shall be unlawful for any owner to keep or permit to be
kept within the city any horses, hogs. vietnamese Pot-bellied pigs.
sheep. goats. cattle. chickens. or other farm animals. and any
domestic animal from the wild unless authorized by the Edgewater
Zoning Ordinance.
Sec. 5-9. Keeping bees prohibited.
Effective August 1. 1997. it shall be unlawful for any person
to maintain or keep bees within the corporate limits of the City
except as permitted pursuant to the Edgewater Zoning Ordinance.
Sec. 5-10. Feeding of wildlife prohibited.
It shall be unlawful for anyone to feed, entice or encourage
any raccoon. fox. bobcat or opossum or as otherwise prohibited by
state law.
Sec. 5-11. Wildlife Hybrids Prohibited.
Lgl Effective August 1. 1997. it shall be unlawful to own.
harbor. keep, transport. sell or breed any wildlife
hybrid of the family canis or felis or breed any wildlife
wi th a dog or cat unless the owner or breeder is in
possession of a permit issued by the State of Florida
Game and Fresh Water Fish Commission authorizing such
activity.
This prohibition shall not apply to such
animals who are within the corporate limits of the city
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Underlined passages are added.
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.....,
.
prior to August 1. 1997.
However. the keeping or
maintenance of any such animals shall be subject to such
regulations as the City Council may enact.
iQl All wildlife hybrids not exempted from the provisions of
this section shall be deemed contraband effective August
1, 1997. and shall be delivered to a person possessing an
appropriate state permit, an animal control officer or
the Southeast Volusia Humane Society.
Sec. 5-12.
Animals defecating on public or private property
prohibited: exception.
19l 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:
h Collection of the feces by appropriate implement
and placement in a container: and
~ Removal of such container to the property of the
owner and disposition thereafter in a manner
consistent with applicable laws.
iQl 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.
19l 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.
idl The owner of any animal shall keep his own property free
of animal excrement to the extent that is necessary to
prevent noxious or offensive odors from escaping onto
adjacent property or public right-of-ways.
struck through passages are deleted.
Underlined passages are added.
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Sec. 5-13. Animals prohibited in parks and on beaches.
No animal shall enter into or on any public park or beach in
the city.
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.
i9l Prohibition of animals at larqe.
~ No owner shall permit. either willfully or through
failure to exerClse due care and control. any
animal to run at large off the premises of the
owner.
~ Upon finding an animal at large. an animal control
officer may issue a warning or in 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.
1J;U Seizure of at larqe animals; harborinq and finder-
ownership.
~ When an animal is at large on private property. the
animal may be seized by the property owner or
tenant in a humane manner.
The animal shall be
delivered to an animal control officer. the
Southeast Volusia Humane Society or a similar
organization within two (2) business days unless
the person seizing the animal wishes to keep the
animal as his own.
If the person seizing the
animal wishes to keep the animal. he shall notify
the animal control officer who shall attempt to
determine ownership of the animal. If no owner is
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July 18, 1997
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~
found within thirty (30) days. the finder shall be
conclusively presumed to be the owner of such
animal.
h Any person seizing an animal and then delivering
the animal to an
animal control officer. the
Southeast Volusia
Humane
Society
or
similar
organization shall do so at his own risk.
Upon
delivery the finder shall sign a delivery document
stating the date. time and location where the
animal was found and a description of the animal.
~ 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.
~ Any person who seizes an animal pursuant to this
section shall exercise utmost care to treat the
animal humanely and to avoid inflicting any
cruelty. injury. sickness. hunger or other ailment
or affliction upon the animal during either the
seizure or delivery of the animal.
Any person
unable to comply with this section shall not seize
an animal.
Sec. 5-15. Animals under restraint.
While on or off the property of the owner. it shall be the
duty of every owner to keep the animal under restraint and control
as defined in section 5-2.
Sec. 5-16. Restraint of guard dogs.
igl Every owner of a guard or attack dog shall keep such dog
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..."
confined in a building, compartment or other enclosure.
Any such enclosure shall be completely surrounded by a
fence at least six (6) feet in height and shall be topped
with an anti-climbing device constructed of angle metal
braces with at least three (3) strands of equally
separated barbed wire stretched between them.
lQl All anti-climbing devices shall extend inward at an angle
of not less than forty-five (45) degrees nor more than
ninety (90) degrees when measured from the perpendicular.
iQl The area of confinement shall have all gates and
entrances securely closed and locked and all fences
properly maintained and escape proof.
iQl 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".
~ 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
19l 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
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July 18, 1997
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animal. A trap shall be checked a minimum of once every
eight (8) hours by an animal control officer or the
person requesting the trap.
The person requesting the
trap shall immediately notify an animal control officer
when an animal is captured.
ill Except for the trapping of rats. mice and crabs. the
trapping of animals by persons other than an animal
control officer or without a permit from the Florida Game
and Fresh Water Fish Commission is prohibited. Animal
control officers are authorized to confiscate any trap
used in violation of this section.
-Ull No person shall leave or deposit any poisonous or
injurious substance of any kind on public or private
property which would lnJure or kill an animal except as
set forth below:
h When contracting the services of a professional.
licensed exterminator for moles only commercial
mechanical devices intended for that purpose shall
be used.
h
Products.
substances
or
poisons
which
are
completely enclosed in a tamper-resistant or
tamper-proof bait station accessible only to rats
and mice.
Sec. 5-19. Cruelty to animals prohibited.
19l It shall be unlawful for an owner to by act or omission
inflict cruelty on an animal.
ill No owner shall abandon an animal.
JgJ.. 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
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drive away V1Cl0US or trespassing animals.
Sec. 5-20. Female animals in heat.
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. 5-21. Disposition of dead animals.
Lgl When any animal dies for any reason other that rabies or
a suspicion of rabies. the owner shall immediately
dispose of the carcass of such animal by burying it at
least three (3) feet below the surface of the ground. If
the animal dies as a result of rabies or if rabies is
suspected, the carcass shall be surrendered to the animal
control officer pursuant to Section 5-54.
iQl When an animal control officer discovers a dead animal on
private property. the animal control officer shall
provide written notice to the owner, ordering the owner
to dispose of the carcass within twenty-four (24) hours.
If the owner fails to comply or cannot be located. the
animal control officer shall dispose of the carcass and
shall bill the owner for the cost of disposal.
iQl 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.
iQl A log shall be maintained by the Animal Control
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Supervisor 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 Section 828.29. Florida Statutes. City
operated or county operated animal control agencies and registered~
nonprofit humane organizations shall be exempt from the provisions
of this section.
struck through passages are deleted.
Underlined passages are added.
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Sec. 5-25 through 5-29. Reserved.
Article II. Vaccinations. Licenses and Permits
Sec. 5-30. Vaccination of dogs and cats.
Annually every person who owns any dog or cat over the age of
four (4) months within the city shall have such animal vaccinated
against rabies by a licensed veterinarian.
Sec. 5-31. License required.
Every person who owns a dog or cat over the age of four (4)
months within the city shall annually obtain an Edgewater animal
license for such animal. Such license shall be valid for not more
than one year from the date of issuance.
~ Application Application for such license shall be made
by the owner within ten (10) days after acquiring any dog
or cat over four (4) months of age or within ten (10)
days after a dog or cat becomes four (4) months of age.
The application shall be in such form and shall require
such information and documentation as shall from time to
time be prescribed by the Animal Control Supervisor. Any
owner moving to the city for the purpose of establishing
residence or becoming a resident as a result of
annexation shall have until ten (10) days after moving or
annexation to obtain a license.
1Ql Proof of rabies vaccination required.
All owners
applying for a license must present a current official
rabies certificate issued by a licensed veterinarian.
iQl Proof of sterilization. Any owner claiminq that his doq
or cat has been spayed or neutered must present
certification from a licensed veterinarian showing that
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such operation has been performed.
i4l 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.
~ Exemption from license fee.
License fees shall not be
required for dogs utilized to
assist the disabled,
Seeing Eye dogs. government police dogs or dogs belonging
to a nonresident of the City and kept within the
boundaries of the City for not longer than thirty (30)
days.
All dogs of nonresidents shall at the time of
entry into the city be properly vaccinated against
rabies. and while kept within the city meet all other
requirements of this chapter.
Any owner claiming a
licensing exemption has the burden of proving to the
satisfaction of the city that the dog or cat in question
is entitled to such exemption.
Sec. 5-32. License tag.
Each dog and cat licensed as provided for in section 5-31
shall be issued a metallic license tag. Breeding animals shall be
issued a breeder licence 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 changed each calendar year.
License tags shall be valid for
only one animal.
Sec. 5-33. License tag and rabies tag to be attached to collar or
harness of animal.
The city metallic license tag and rabies tag shall be attached
to the collar or harness of the animal which shall be worn at all
times.
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. ,
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:
l..9J- 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
iQl 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 and kennels.
~ Residential areas.
~ No person shall establish or maintain any breeding
on their residential premises wi thout
first
obtaining an annual breeder permit and license tag
for each adult animal intended for breeding
purposes. The license fee shall be established by
resolution of the City Council.
~ Any animal intended for breeding must be a
household pet and reside primarily inside the
residence.
~ At no time will the total number of adult animals
exceed three (3) per licensed breeder residence.
~ The offspring of the animals bred may be sold by
the owner.
Such sales shall not be considered
commercial breeding for the purpose of this chapter
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provided that such sale is not the primary
occupation of the breeder.
~ There shall be only one (1) species of dog or cat
bred at any licensed breeder residence.
There
shall be no more than one (1) litter produced per
year per animal with a maximum of two (2) litters
per breeder residence per year.
h 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.
ill Kennels
h Kennels shall be located in compliance with the
Edgewater Zoning Ordinance and the owner shall be
required to obtain an annual occupational license.
~ Kennel owners must live on the premises.
~ No person shall establish or maintain any breeding
in a kennel without first obtaining an annual
breeder permit and license tag for each adult
animal intended for breedinq purposes.
4. For protection and identification, all breedinq
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.
iQl Breeder responsibilities.
It shall be a violation of this chapter for breeders to
fail to:
h Maintain accurate records of all animals produced
by
breeding
and
a
record
of
their
final
disposition.
~ Display an appropriate breeder license tag number
in all advertising.
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Underlined passages are added.
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~
..".,
~ Supplying the new owner with the breeder license
tag number. information on the importance of
spaying and neutering. and the requirements of this
chapter.
~ Immunize all dogs or cats offered for sale. trade.
other consideration or given away as required by
Section 828.29. Florida Statutes.
~ Offer a spay/neuter contract and follow up on the
contract.
h
Guarantee
to accept return of offspring for any
reason.
idl Indoor Facilities for Breedinq and Kennels.
.L.. Facilities must be maintained with temperature.
ventilation and lighting suitable for each breed of
animal housed.
~ 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.
~ Interior building surfaces of any indoor facility
shall be constructed and maintained so that they
are impervious to moisture and can be readily
sanitized.
~
If drains are used.
they shall be properly
constructed and kept.
~ 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
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July 18, 1997
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a mij~mu~f thirty (30) minu te~ ~;wic~ 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
J.n 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 J.n good
repair to avoid foul orders.
~ Outdoor Facilities for Breeding and Kennels.
1.
Shelter.
Sufficient shade shall be provided to
afford all animals protection from direct sunlight.
Sufficient cover shall be provided to protect all
animals from raJ.n.
Shelter shall be provided for
all animals when the ambient temperature falls
below fifty (50) degrees Fahrenheit.
Sufficient
clean bedding material or other means of protection
from the elements shall be provided when the
ambient temperature falls below that temperature to
which the animals are acclimated.
Cleaning of enclosures.
Excreta shall be removed
2.
from enclosures as often as necessary to prevent
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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.
~
Sanitation of enclosures required.
Pr ior to the
introduction of animals into empty enclosures
previously occupied, such enclosures shall be
sanitized.
Enclosures for animals shall be
sanitized often enough to prevent an accumulation
of debris or excreta or a disease hazard: provided.
however. such enclosure shall be sanitized at least
once every two (2) weeks.
.L.
Method of sani tation.
Caqes, 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.
~ Pest control. An effective proqram for the control
of insects. ectoparasites and avian and mammalian
pests shall be established and maintained.
ill. Inspections and enforcement.
Annual inspections
of
breeding facilities and kennels shall be conducted. A
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minimum of twenty-four (24) hours advance notice shall be
given to the owner by an
animal control officer.
However. no notice is required for the investigation of
complaints.
Sec. 5-37 through 5-39. Reserved.
Article III. Impoundment
Sec. 5-40. Impoundment.
An animal control officer shall have the authority to pick up.
capture. catch. procure and impound in a holding facility any animal
found on public or private property under the following conditions:
h Any animal suspected or believed to be infected with
rabies or any infectious disease. An animal suspected of
having or exhibiting symptoms of rabies or an infectious
or contagious disease shall be segregated from other
animals.
~ Any animal not licensed or permitted as provided for in
this chapter.
~ Any animal running at large.
~ Any animal constituting a public nuisance.
~ Any animal that has been or is being mistreated.
~ Any lost. abandoned or unattended animal.
h
Any dog that appears to be running in a pack.
For the
purposes of this section a pack shall mean three (3) or
more dogs.
~ Any dangerous animal not in compliance with the written
notification of their classification.
~ Any animal being considered for dangerous animal
classification.
10. Any female animal in heat which is not properly confined
by its owner pursuant to Section 5-20.
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11. Any wildlife hybrid for which the owner does not have a
proper permit.
12. Any animal that is in violation of any quarantine or
confinement order of an animal control officer.
13. Any unattended animal that is ill. injured or otherwise
in need of care.
14. Any animal that a court of competent jurisdiction has
ordered impounded or destroyed.
Sec. 5-41. Disposition of impounded animals.
19l When an animal bears an indicia of ownership or whenever
the owner of an impounded animal can be determined. the
animal control officer shall notify the owner of the
animal's impoundment by the most expedient means. i.e.,
telephone message. posted written notice. or certified
mail. return receipt requested.
LQl If an animal is not claimed within three (3) days after
impoundment. the animal shall be deemed unowned or
abandoned and shall be disposed of
pursuant to the
requirements
of
this
chapter
and the
rules
and
regulations of the impounding facility.
iQl The final day of the impoundment period shall only occur
on a day in which the impounding facility is open for
normal operating activities.
Upon proof of ownership,
payment of any impoundment fees. and the procurement of
any required vaccinations and tags. the owner of an
impounded animal is entitled to resume possession.
However, in the event that an animal has been impounded
due to cruelty. mistreatment or public nuisance. the
owner shall only be entitled to redemption of the animal
after the animal control officer authorizes
such
redemption.
Proof of ownership may include a license
receipt. affidavits of neighbors. photographs or other
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reliable documentary evidence.
idl Upon a determination of cruelty. abuse. neglect or
abandonment. the animal control officer may impound an
animal for a period in excess of three (3) days. In that
case. the impounding facility shall not dispose of the
animal until so directed by the animal control officer.
..Ltl Any unclaimed animal shall become the property of the
impounding facility and may be humanely destroyed.
maintained or disposed of by gift. sale or adoption
pursuant to the requirements of this chapter and the
rules and regulations of the impounding facility.
i1l No animal shall be released from the impounding facility
without being sterilized or without a written guarantee
from the new owner that the animal will be sterilized
unless the animal has a valid breeder license tag. Proof
of sterilization shall be submitted to an animal control
officer.
Sec. 5-42 through 5-49. Reserved.
Article IV. Rabies
Sec. 5-50. Animals infected with rabies: reporting requirements.
(a) It shall be the duty of the owner and any person knowing
of any animal infected with or showing symptoms of rabies or any
unusual behavior to report the same within twelve (12) hours to an
animal control officer.
(b) It shall be the duty of any person bitten or scratched or
having knowledge of or treating any person bitten or scratched by
any animal to report the fact of such bite or scratch within twelve
(12) hours to the animal control officer. It shall be the duty of
any person knowing of or treating any animal bitten by another
animal having or suspected of having rabies to report those facts
within twelve (12) hours to an animal control officer.
struck through passages are deleted.
Underlined passages are added.
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v
Sec. 5-51. Duties of animal control officer.
(a) When an animal control officer is informed that an animal
has bitten or scratched a person or that an animal is suspected of
having or showing symptoms of rabies. any other infectious or
contagious disease or any unusual behavior. the animal control
officer shall:
~ Capture such animal. In the capture of such animal.
the animal control officer shall not kill such
animal unless in its capture a clear and present
danger of harm or injury to the animal control
officer or other persons exists. Such animal shall
be placed in quarantine for observation for a period
of at least ten (10) days from the date of the bite
or scratch.
The owner of such animal shall
relinquish possession of the animal for the purpose
of quarantine.
~ Detach without mutilation and send to a state board
of health laboratory for pathological examination
the head of any wild animal or any animal tamed from
a wild environment which has bitten or scratched any
person. if in the opinion of the animal control
officer such injury was the result of an aggressive
and overt act or such animal is suspected of having
or exhibits symptoms of having rabies. or if such is
the request of the person bitten or scratched. his
parent or legal guardian. or his physician and the
animal control officer.
All other wild animals
tamed from wild environments which shall bite or
scratch any person shall be quarantined for
observation for a period of twenty-one (21) days
from the date of such bite or scratch. At the end
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Underlined passages are added.
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......
of this period. the wild animal shall be released to
its owner or returned to its wild habitat, whichever
is applicable.
~ If rabies is diagnosed or suspected or if the animal
in quarantine dies within the quarantine period. to
cause the detachment. without mutilation, of the
head of the animal and forward it to a state board
of health laboratory for pathological examination.
If the report of the pathological examination
indicates a positive diagnosis of rabies. the
animal control officer shall invoke an area wide
quarantine for a minimum period of sixty (60) days.
During such quarantine the owner of any animal shall
confine his animal to his property and shall not
permit the animal. under any circumstances. off his
property or premises.
iQl Ouarantine shall be maintained in the impoundment
facility or at the owner's request ln a licensed
veterinary hospital of his choice.
Any animal under
quarantine shall not be released or moved from the place
of the initial quarantine confinement unless permission
is obtained from the animal control officer. The owner.
if any. shall bear the cost of the care. feeding and
maintenance of a quarantined animal.
iQl The owner of any dog vaccinated with an approved rabies
vaccine within the past twelve (12) months. after
receiving approval of the animal control officer may have
such dog quarantined in an alternate location.
At any
time during the quarantine it is determined by the animal
control officer that the quarantine is not properly
maintained. the animal control officer. at the owner's
expense. shall impound the animal in the impoundment
facility.
struck through passages are deleted.
Underlined passages are added.
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....
iQl Any animal subject to quarantine shall not be vaccinated
before the quarantine period has expired.
Sec. 5-52. Surrender of animal for quarantine or destruction.
It shall be a violation of this chapter for any person to fail
to surrender any animal for quarantine or destruction as required
by the animal control officer.
Sec. 5-53. Killing or removal of rabid animal.
It shall be a violation of this chapter for any person except
an animal control officer pursuant to section 5-51 to kill or cause
to be killed. or to remove from the city without consent of an
animal control officer any rabid animal. any animal suspected of
having or showing symptoms of rabies or any other infectious or
contagious disease or unusual behavior, or any animal biting a
human.
Sec. 5-54. Surrender of carcass of rabid animal.
It shall be a violation of this chapter for any person to
refuse to surrender to an animal control officer the carcass of any
dead animal exposed to or suspected of having been exposed to
rabies.
Sec. 5-55 through 5-59.
Reserved.
Article V. Dangerous Dogs
Sec. 5-60. Dangerous dogs
(a) Sections 767.12 through 767.14, Florida Statutes, and all
subsequent amendments regulating dangerous dogs are adopted by
reference and incorporated herein.
(b) An animal control officer shall investigate reported
incidents involving any dog that may be dangerous and shall, if
possible, interview the owner and require a sworn affidavit from any
struck through passages are deleted.
Underlined passages are added.
July 18, 1997
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\
person desiring to have a dog classified as dangerous. Any animal
that is the subject of a dangerous dog investigation and is not
impounded shall be humanely and safely confined by the owner in a
securely fenced or enclosed area pending the outcome of the
investigation and resolution of any hearings related to the
dangerous dog classification. The address of the location where the
animal is confined shall be provided to the animal control officer.
No dog that is the subject of a dangerous dog investigation may be
relocated or ownership transferred pending the outcome of an
investigation or any hearings related to the determination of a
dangerous dog classification.
In the event that a dog is to be
destroyed. the dog shall not be relocated or ownership transferred.
(c) After the investigation. the animal control officer shall
make an initial determination as to whether there is sufficient
cause to classify the dog as dangerous and shall afford the owner
an opportunity for a hearing prior to making a final determination.
The animal control officer shall provide written notification of the
sufficient cause finding. to the owner. by registered mail.
certified hand delivery, or service in conformance with the
provisions of Chapter 48. Florida Statutes. relating to service of
process. The owner may file a written request for a hearing before
the Animal Control Board within seven (7) calendar days from the
date of receipt of the notification of the sufficient cause finding
and. if requested, the hearing shall be held as soon as possible.
but not more than twenty-one (21)calendar days and no sooner than
five (5) days after receipt of the request from the owner.
(d) Once a dog is classified as a dangerous dog. the animal
control officer shall provide written notification to the owner by
registered mail, certified hand delivery or service in conformance
with the provisions of Chapter 48, Florida Statutes. The owner may
file a written request for a hearing in county court to appeal the
classification within ten (10) business days after receipt of a
written determination of dangerous dog classification.
The owner
struck through passages are deleted.
Underlined passages are added.
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must confine the dog in a securely fenced or enclosed area pending
a resolution of the appeal.
(e) within fourteen (14) days after a dog has been classified
as dangerous by the Animal Control Board or a dangerous dog
classification 1S upheld by the county court. the owner of the dog
must obtain a certificate of registration for the dog from the city
The certificate shall be renewed annually.
Certificates of
registration. and renewals thereof. shall only be issued to persons
who are at least eighteen (18) years of age and who present to the
city sufficient evidence of:
~ A current certificate of rabies vaccination for the
dog.
~ A proper enclosure to confine a dangerous dog and
the posting of the premises with a clearly visible
warning sign at all entry points that informs both
children and adults of the presence of a dangerous
dog on the property.
~ Permanent identification of the dog. such as a
tattoo
on
the
inside
thigh
or
electronic
implantation.
The registration fee shall be established by resolution of the City
Council and shall provide for a reduced fee for sterilized animals.
(f) The owner of a dangerous dog shall immediately notify the
animal control officer when a dog that has been classified as
dangerous:
~ Is loose or unconfined.
~ Has bitten a human being or attacked another animal.
~ Is sold. given away. or dies.
~ Is moved to another address.
Prior to a dangerous dog being sold or given away. the owner shall
provide the name. address. and telephone number of the new owner to
an animal control officer. The new owner must comply with all of
the requirements of this section even if the animal is moved
struck through passages are deleted.
Underlined passages are added.
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...,
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~
elsewhere in the state.
An animal control officer must be notified
by the owner of a dog classified as dangerous that the dog is in her
jurisdiction.
(g) It is unlawful for the owner of a dangerous dog to permit
the dog to be outside a proper enclosure unless the dog is muzzled
and restrained by a substantial chain or leash and under the control
of a competent person.
The muzzle must be made in a manner that
will not cause injury to the dog or interfere with its vision or
respiration but will prevent it from biting any person or animal.
The owner may exercise the dog in a securely fenced or enclosed area
that does not have a top without a muzzle or leash if the dog
remains within his sight and only members of his immediate household
or persons eighteen (18) years of age or older are allowed in the
enclosure when the dog is present.
When being transported. such
dogs must be safely and securely restrained within a vehicle.
(h) Hunting dogs are exempt from the provisions of this
section when engaged in any legal hunt or training procedure. Dogs
engaged in training or exhibiting in legal sports such as obedience
trails. conformation shows. field trials. hunting/retrieving trials.
and herding trials are exempt from the provisions of this section
when engaged in any legal procedures. However. such dogs at all
other times and in all other respects shall be subject to the
provisions of this chapter.
Dogs that have been classified as
dangerous shall not be used for hunting purposes.
(i) This section does not apply to dogs used by law
enforcement officials for law enforcement work.
(j) The fee for issuance of a dangerous dog certificate of
registration shall be established by resolution of the City Council.
(k) Any person who violates any provision of this section is
guilty of a noncriminal infraction punishable by a fine not
exceeding $500.00.
(I) If a dog that has previously been declared dangerous
attacks or bites a person or a domestic animal without provocation.
struck through passages are deleted.
Underlined passages are added.
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,.
...
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\" '..
"
the owner 1S guilty of a misdemeanor of the first degree. punishable
as provided in Sections 775.082 or 775.083, Florida Statutes. In
addition. the dangerous dog shall be immediately confiscated by an
animal control officer. placed in quarantine. if necessary. for the
proper length of time. or impounded and held for ten (10) business
days after the owner is given written notification and thereafter
destroyed in an expeditious and humane manner. This ten (10) day
time period shall allow the owner to request a hearing before the
Animal Control Board. The owner shall be responsible for payment
of all boarding costs and other fees as may be required to humanely
and safely keep the animal during any appeal procedure.
(m) If a dog that has not been declared dangerous attacks and
causes severe injury to or death of any human, the dog shall be
immediately confiscated by an animal control officer. placed in
quarantine. if necessary. for the proper length of time or held for
ten (10) business days
after the owner is given written
notification. and thereafter destroyed in an expeditious and humane
manner.
This ten (10) day time period shall allow the owner to
request a hearing before the Animal Control Board. The owner shall
be responsible for payment of all boarding costs and other fees as
may be required to humanely and safely keep the animal during any
appeal procedure.
In addition. if the owner of the dog had prior
knowledge of the dog's dangerous propensities. yet demonstrated a
reckless disregard for such propensities under the circumstances.
the owner of the dog is guilty of a misdemeanor of the second
degree. punishable as provided in Sections 775.082 or 775.083,
Florida Statutes.
(n) If a dog that has previously been declared dangerous
attacks and causes severe injury to or death of any human. the owner
is guilty of a felony of the third degree. punishable as provided
in sections 775.082. 775.083 or 775.084. Florida Statutes. In
addition. the dog shall be immediately confiscated by an animal
control officer. placed in quarantine. if necessary. for the proper
struck through passages are deleted.
Underlined passages are added.
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, .
-...
"..,.
\... . .
length of time or held for ten (10) business days after the owner
is given written notification and thereafter destroyed in an
expeditious and humane manner. This ten (10) day time period shall
allow the owner to request a hearing before the Animal Control
Board. The owner shall be responsible for payment of all boarding
costs and other fees as may be required to humanely and safely keep
the animal during any appeal procedure.
(0) If the owner files a written appeal. the dog must be held
and may not be destroyed while the appeal is pending.
(p) If a dog attacks or bites a person who is engaged in or
attempting to engage in a criminal activity at the time of attack.
the owner is not guilty of any crime specified under this section.
Sec. 5-61 through 5-69. Reserved.
Article VI. Enforcement and Penalties
Sec. 5-70. Enforcement.
(a) An animal control officer who has probable cause to
believe that a violation of this chapter has occurred shall do one
or more of the following:
ill Issue a warning to the person who has committed the
violation.
ill Issue a citation to the person who has committed the
violation.
ill Impound the animal involved.
The determination that a violation has occurred may be the result
of the animal control officer's own investigation or as the result
of a complaint by an aggrieved person.
(b) A violation of this chapter. except as otherwise provided.
constitutes a civil infraction punishable by a civil penalty not to
exceed five hundred dollars ($500.00). Penalties for violation of
specific sections of this chapter shall be established by resolution
struck through passages are deleted.
Underlined passages are added.
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...
... .... ..
of the City Council.
If a person who has committed the violation
does not contest the citation. a civil penalty of less than the
maximum allowed will be assessed. Any citation may be contested in
county court.
(c) Each day or fraction thereof during which a violation of
this chapter continues shall be considered as a separate offense.
(d) It shall be mandatory for an owner of an animal to appear
in court under the following circumstances:
ill When any violation of this chapter results in the
unprovoked biting. attacking or wounding of another
animal.
ill When any violation of this chapter results in the
destruction or loss of personal property and such
destruction or loss exceeds one hundred and 00/100
dollars ($100.00) in value.
iJl When a person is cited with a second or subsequent
violation of Section 5-19 involving animal cruelty.
iAl 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 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 Section
struok through passages are deleted.
Underlined passages are added.
July 18, 1997
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"
"...... A
.....
""
,\ ... ~
"
..
,
I
..
775.082 or 775.083. Florida Statutes.
. -
(h) The City Council may by resolution impose a surcharge of
up to five dollars ($5.00) upon each civil penalty imposed for
violation of this chapter. The proceeds from such surcharge shall
be used to pay the costs of training for animal control officers.
(i) In addition to the civil penalty. the City shall include
on the citation any costs assessed against the owner of an animal
by operation of this chapter which remain unpaid as of the time a
citation is issued.
PART C.
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 D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or
declared to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance.
If this
ordinance or any provisions thereof shall be held to be inapplicable
to any person, property, or circumstances, such holding shall not
affect its applicability to any other person, property, or
circumstance.
PART E.
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 F.
EFFECTIVE DATE.
This Ordinance shall take effect August 1, 1997.
PART G.
ADOPTION.
After Motion by Councilman Mitchum and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on June
struck through passages are deleted.
Underlined passages are added.
July 18, 1997
97-0-08
44
2, 1997, was as follows:
Mayor Jack H. Hayman, Sr. NAY
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 7`" day of July, 1997.
SE-ruskthreagh passages are deleted.
Underlined passages are added.
July 18, 1997
97-0-08
45
CITY COUNCIL OF THE
CITY 1* EDGEWATER, FLORIDA
V APPROVED"FOR FORM
AND CORRECTNESS:
A>�
Krista A. Storey
City Attorney