2017-O-17 kii-1/2.PC e&S)
Cy)
ORDINANCE NO.2017-0-17
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA AMENDING AND RESTATING CHAPTER 5
(ANIMAL SERVICES) IN ITS ENTIRETY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY
AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND
ADOPTION.
WHEREAS, at the May 1, 2017 City Council meeting the City Council directed staff
to research other cities that permitted Urban Backyard Chickens to be kept in residentially
zoned properties; and
WHEREAS, at the July 17, 2017 City Council meeting the City Council directed staff
to amend Chapter 5 (Animal Services) to allow Urban Backyard Chickens to be kept in
residentially zoned properties; and
WHEREAS, the City Council of the City of Edgewater, Florida, has made the
following determinations:
1. Chapter 5 (Animal Services) was previously amended and restated pursuant to
Ordinance No. 2009-0-02 in June of 2009.
2. Amending and restating Chapter 5 (Animal Services) in its entirety will bring the
Chapter into compliance with requirements, regulations and current statutes.
NOW,THEREFORE,BE IT ENACTED by the People of the city of Edgewater,
Florida:
PART A. AMENDING AND RESTATING CHAPTER 5 (ANIMAL
SERVICES) IN ITS ENTIRETY
Amend and restate Chapter 5 (Animal Services) in its entirety of the City of
Edgewater Code of Ordinances, Edgewater, Florida as set forth in Exhibit "A" which is
attached hereby and incorporated herein.
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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ordinance, are hereby superseded by this ordinance to the extent of such conflict.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 Councilwoman Power and Second by Councilman Blazi,
the vote on first reading of this ordinance which was held on May 1, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
After Motion to approve by Y) ZZ VT5c f- and
Second by -Pat , the vote on second
reading/puhearing of this ordinance which was held on August 7, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary Conroy
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PASSED AND DULY ADOPTED this 7th day of August, 2017.
ATTEST: CITY COUNCIL OF THE
CITY Of EDGEWAT FLORIDA
By:, -
Robin L. Matusick Mike Igna d.
City Clerk/Pa`ralegal Mayor
l d
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater,
Florida. Approved as to form and legality by: Florida during the City Council meeting held on
Aaron R.Wolfe,Esquire tlk 7th day of August, 2016 under Agenda Item #8
City Attorney
Doran,Sims.Wolfe,&Ciocchetti
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EXHIBIT "A"
Chapter 5 - ANIMAL SERVICES
ARTICLE I. - IN GENERAL
Sec. 5-1. -Short title.
This chapter shall be referred to as the "Animal Services Ordinance of the City of
Edgewater, Florida".
Sec. 5-2. - Definitions.
As used in this chapter the following terms shall have the meaning ascribed to them herein:
Abandonment. To forsake entirely or to neglect or refuse to provide for the care and
support of an animal.
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:
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a. Reasonable care and precautions are taken to prevent the animal from
leaving, while unattended, the real property limits of its owners; and
b. The animal is:
1. Securely and humanely confined within a house, building, fence,
crate, pen or other enclosure which the animal cannot dig,climb,jump
or escape; 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. The owner or
other responsible person must have physical control of the animal on the leash
and must be capable of restricting the animal.
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 ";" chapter if at `1'e •--- -- - ' • - - .. •-_ any other noise a person is
Boarder. An animal placed in a kennel for temporary maintenance, care, food, lodging,
etc. resulting in monetary compensation.
Breeder. A person other than a pet dealer who shelters, breeds or trains a breed of dog or
cat to conform to an approved standard of competition. A person who offers animal
offspring with a spay/neuter contract and follows up on the contract with a guarantee to
accept return of the offspring for any reason; ensures all offspring have been vaccinated
according to Florida law; and who has been issued a breeder permit by the city.
Capture. The securing, restraining, immobilization or confinement of any animal at large by
the use of cages, ropes, nets, tranquilizers of any other similar device not intended to
permanently injure the animal.
Certificate of registration. A city dangerous-animal registration issued pursuant to this chapter.
Chicken or hen means and refers to an adult female chicken.Chicken coop or coop means a
structure typically made of wood or other similar materials for housing chickens in an enclosed
and roofed shelter that provides shelter from the elements.
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Chicken run or run means an area that is securely fenced to allow a chicken to exercise by
accessing an outdoor area that is protected from predators and provides adequate amounts of
sun and shade, and is typically attached to a chicken coop.
Citation. A written notice issued by an animal control officer to a person who the officer
has probable cause to believe committed a civil infraction in violation of this chapter and
that the county court will hear. The citation must contain:
(1) The date and time of issuance.
(2) The name and address of the person.
(3) The date and time the civil infraction was committed.
(4) The facts constituting probable cause.
(5) The section violated.
(6) The name and authority of the officer.
(7) The procedure for the person to follow in order to pay the civil penalty to contest
the citation or to appear in court.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil penalty within the
time allowed or fails to appear in court to contest the citation, he/or she shall be deemed
to have waived his/or her right to contest the citation and that, in such case, judgment
may be entered against the person for an amount up to the maximum civil penalty.
(11) A conspicuous statement that if the person is required to appear in court, he/or she
does not have the option of paying a fine in lieu of appearing in court.
Council. The City Council of the City of Edgewater, Florida.
County health officer. The person appointed pursuant to F.S. ch. 154 as director of the
Volusia County Health Department and his/or her designated agents.
Cruelty. Any act or omission whereby unjustifiable physical pain, suffering or death of an
animal is caused or permitted, including failure to provide proper drink, air, space, shelter
or protection from the elements, a sanitary and safe living environment, veterinary care or
nutritious food.
Dangerous dog. Any dog that, according to animal control records:
(1) Has aggressively bitten, attacked, endangered or has inflicted severe injury on a
human being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while off the
owner's property;
(3) Has been used primarily or in part for the purpose of dog fighting or is a dog trained
for dog fighting; or
(4) Has, when unprovoked, chased or approached a person, upon the streets, sidewalks
or any public grounds in a menacing fashion or apparent attitude of attack; provided
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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.)
Flock is defined as no more than four hens and no roosters.
Fowl shall include roosters, other chickens when there are more than four, pea fowl, and like
animals; ducks, geese. and like animals; emus; rheas; and ostriches. A chicken that crows
shall be considered a rooster.
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.
Humanely shall mean treated by kindness and inflicting no harm or pain. Providing
adequate food, water, shade, warmth. Providing appropriate security from environmental
and physical hazards. Providing appropriate treatment and care for sick or injured animal.
Impoundment. The taking into custody of an animal by an animal control officer.
Kennel. Any place of business where dogs or cats regardless of number are kept for
sale, breeding, boarding or treatment purposes, except an animal hospital, grooming
facility or pet shop. The term "kennel" shall include any premises used for residential
purposes where four or more dogs or cats four months or older are kept, harbored or
maintained for monetary compensation.
Licensed veterinarian. Any person who is licensed to engage in the practice of veterinary
medicine in the state.
Premises means any residential use within the R-1 (Single Family Residential). R-2 (Single
Family Residential), R-3 (Single Family Residential). RT (Rural Transitional) and AG
(Agriculture) zoned lot or group of contiguous lots, parcels or tracts of land under the same or
single ownership.
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.
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Neutered or spayed Rendered permanently incapable of reproduction by surgical
alteration, implantation of a device, or other physical means, or permanently incapable
of reproduction because of physiological sterility as certified in writing by a licensed
veterinarian.
Owner. Any person, firm, corporation, or organization possessing, harboring, keeping or
having control or custody of an animal or, if the animal is owned by a person under the age
of 18 years of age, that person's parent or guardian.
Owner responsibilities. An animal owner shall adhere [to] and provide at the minimum
the following for the animal in their care:
(1) Treat an animal in a humane manner and shall provide humane care (which includes,
but is not limited to: providing adequate, food, fresh water, shelter, space and veterinary
care to
maintain the animal's health and to prevent or cure disease) for said animal;
(2) The owner must live on the premises with the animal.
(3) Any animal that is kept tethered must be attached to a stationary object, not an object
that can become mobile.
Person. Any natural person or persons, firm, association or corporation.
Pet-sitter (nonprofit). A person who, at the consent of the animal owner, provides temporary
care for the animal at his or her own residence.
Pet-sitting. A person who temporarily cares for an animal at a family member or
friend's residence for temporary care without exceeding the maximum number of animals
allowed per residence. The temporary placement shall not exceed a period of 30 calendar
days. At no time shall a nonprofit pet-sitter receive compensation for this service. Rescue
and/or foster families or
groups that are approved by Edgewater Animal Services to provide temporary care for
homeless animals that may need medical care are not considered pet-sitters and time
periods may extend past the allowable time if approved by Edgewater Animal Services.
After a period of 30 calendar days, a person who is possessing, harboring, keeping or
having control or custody of an animal shall no longer be considered a pet sitter but shall be
considered an owner as defined herein.
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:
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(1) An animal that damages the property of anyone other than its owner or causes the
loss of property;
(2) An animal that has bitten a person without provocation;
(3) An animal that bites, attacks or wounds another animal without provocation;
(4) Any animal that barks, bays, cries, howls or makes any other noise continuously
and/or incessantly for a period of ten minutes or barks intermittently for one-half hour or
more while not being provoked. However, a dog shall not be deemed a "barking dog" for
(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, urinates or defecates on public or private property as
prohibited by section 5-12;
(9) Any animal that is repeatedly found running at large;
(10) Any animal that causes fouling of the air by noxious or offensive odors and
thereby creates unreasonable annoyance or discomfort to neighbors or others in close
proximity to the premises where the animal is kept or harbored;
(11) Any animal in heat that is not confined so as to prevent attraction or contact with
other animals as set forth in section 5-20;
(12) Any animal, whether or not on the property of its owner, that without
provocation molests, attacks, or otherwise interferes with the freedom of movement of
persons in a public right-of-way; and
(13) Any animal that causes unsanitary conditions in enclosures or surroundings where
the animal is kept or harbored.
Rooster means an adult male chicken.
Sanitary. A condition of good order and cleanliness to minimize the possibility of disease
transmission.
Severe injury. Any physical injury that results in broken bones, multiple bites or
disfiguring lacerations requiring sutures or reconstructive surgery.
She.%her. The feminine gender shall include the masculine gender and the masculine gender
shall include the feminine gender unless the context requires otherwise.
Shelter. A secure weather-resistant structure which protects an animal from exposure to
the elements and which is a minimum of six inches higher than the animal's height at full
stand with head erect, one and one-half [times] the animal's full body length, and with
sufficient width to permit the animal to turn around.
Spay/neuter contract. Contract between owner and purchaser guaranteeing the animal has
been or will be spayed/neutered.
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Stray. Any unlicensed and unattended animal off the premises of its owner.
Sterilized. Rendered permanently incapable of reproduction by surgical alteration,
• implantation of a device, or other physical means, or permanently incapable of
reproduction because of physiological sterility as certified in writing by a licensed
veterinarian.
Unaltered/unsterilized. Any animal that has not been spayed or neutered.
Unprovoked. When a victim has been conducting himself peacefully and lawfully and has
been bitten or chased in a menacing fashion or attacked by an animal.
Vaccinated. An animal that has been administered a current rabies vaccine.
Wildlife. Any indigenous or free-roaming animal (i.e., raccoon, opossum, armadillo,
squirrels, feral cats).
Wildlife hybrid. Any offspring of any wildlife or hybrid bred with a dog or cat or an
animal which is represented as a hybrid by its owner.
Sec. 5-3. -Animal control officers.
(a) Animal control officers shall be the enforcement officials for this chapter and in
that regard are authorized to investigate, on public or private property, violations of this
chapter, impound animals, issue warnings and citations, and take other lawful actions as
provided herein to enforce the provisions of this chapter. During an investigation, the animal
control officer may request the owner to exhibit the animal, and, if applicable, the license of
such animal.
(b) Animal control officers are not authorized to enter into any dwelling unit, structure
or fenced enclosure for purposes of investigation, but may enter into a fenced enclosure to
impound any animal known or suspected of biting or scratching any person or any animal
infected with or showing symptoms of rabies.
(c) Animal control officers are not authorized to bear arms or make arrests. However,
animal control officers may carry a device to chemically subdue and tranquilize an animal,
provided that the animal control officer has successfully completed a minimum of 16
hours of training in
marksmanship, equipment handling, safety and animal care and can demonstrate
proficiency in chemical immobilization of animals in accordance with guidelines
prescribed in the Chemical Immobilization Operational Guide of the American Humane
Association.
Sec. 5-4. - Interfering with animal control officers.
It shall be a violation of this chapter for any person to interfere with, hinder, resist, or obstruct
an animal control officer in the performance of his or her duties or to release or remove any
animal from the custody of an animal control officer.
Sec. 5-5. -Animal control documents.
The following documents shall be maintained by the animal control division:
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(1) Accurate and detailed reports and records of the licensing, impoundment and
disposition of all animals coming into the custody of an animal control officer;
(2) Accurate and detailed records of all reported bite cases and investigations for a
minimum of three years; and
(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. - pecial Magistrate.
(a) Creation, powers and duties. The animal control board (hereafter ACB)
Special Magistrate is hereby created and shall exercise the following powers and
duties under this chapter:
(1) Hear appeals of the initial determination of an animal control officer
classifying a dog as dangerous pursuant to F.S. § 767.12.
(2) Hear appeals regarding the confiscation of a dog to be destroyed pursuant to
F.S.
§ 767.13.
(3) To hear appeals relating to the issuance of a notice of revocation regarding
an unaltered animal permit pursuant to section 5-37.
(4) To subpoena alleged violators and witnesses to its hearings. The sSubpoenas
may shall be served by any law enforcement officer of the city or as
otherwise permitted by law •- - _ - ': ' - !-... • . .
(5) To take testimony under oath.
(6) To issue orders having the force of law to command whatever steps are
necessary to address the appeal. Such orders may require:
a. Obedience training to the animal in question.
b. Muzzling of an animal while off the property of the owner.
c. Confinement of an animal indoors.
d. Confinement of an animal in a secure enclosure.
e. Reduction of the number of animals kept in any one location.
f. The sterilization of an animal.
g. Any other measure or sanction designed to protect the health and
safety of the public.
S.
(1) The ACB shall be composed of five members. Whenever possible, the
membership shall include a licensed veterinarian, a member from the
city, a dog owner, and a cat oweer. No city - - . . - . . -• - -
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the ACB.
qualified - . .•.. - . .. - . -
(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 .. • -• . .. - . - - . - .. . . -- ..
cxpcnsea • - . : .. •- . -- Po.
regular meetings during any calendar year, said member shall forfeit the
office. The city . •
term.
• • •= • - t -= -moved 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 . : . - -- - . •
(8) No past member of the ACB shall appear before the ACB except when
lef service has ended.
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
with the exception of Urban Backyard Chickens, 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, ,
or other farm animals, with the exception of Urban Backyard Chickens, 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.
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A residential premises shall not exceed a maximum number of five dogs or cats, or a
combination thereof, and must provide proof from a licensed veterinarian that each dog or
cat
has been sterilized. Any premises that harbors an unsterilized dog or cat over six months of
age must obtain a breeders permit, an unaltered animal permit or both (those that are
applicable under the circumstances).
Sec. 5-9. - Reserved.
Sec. 5-10. - Feeding of wildlife prohibited.
It shall be unlawful for anyone to feed, entice, shelter or encourage any wildlife, including
feral cats as defined in section 5-2, or as otherwise prohibited by state law.
Sec. 5-11. -Wildlife hybrids prohibited.
(a) It shall be unlawful to own, harbor, keep, transport, sell or breed any wildlife
hybrid of the family canis or felis or breed any wildlife with a dog or cat unless the owner
or breeder is in
possession of a permit issued by the Florida Fish and Wildlife Conservation Commission
("FWC") authorizing such activity. This prohibition shall not apply to such animals who
are within the corporate limits of the city prior to August 1, 1997, as long as they can
provide proof of such residence and existence of that permitted animal prior to that date.
However, the keeping or maintenance of any such animals shall be subject to such
regulations as the city council may enact.
(b) All wildlife hybrids not exempted from the provisions of this section shall be
deemed contraband and shall be delivered to a person possessing an appropriate state
permit, an animal control officer or the holding or impounding facility currently under
contract with the city for services or one that is designated from time to time by the city.
Sec.5-12. -Animals defecating on public or private property prohibited.
(a) No owner of any animal shall cause or allow such animal to defecate on any
public or private property other than that of the owner unless such owner immediately
removes and disposes of all feces deposited by such animal by the following methods:
(1) Collection of the feces by appropriate implement and placement in a container;
(2) Removal of such container to the property of the owner and disposition
thereafter in a manner consistent with applicable laws.
(b) No owner shall permit any waste matter from an animal to collect and remain on
the property of the owner or on the property of others so as to cause or create an
unhealthy, unsanitary, dangerous or offensive living condition.
(c) No owner shall cause unsanitary, dangerous or offensive conditions by virtue of the
size or number of animals maintained at a single location or due to the inadequacy of the
facilities.
(d) The owner of any animal shall keep his own property free of animal excrement to
the extent that is necessary to prevent noxious or offensive odors from escaping onto
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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 as
defined in
section 5-2.
(2) Upon finding an animal at large, an animal control officer may issue a
warning or in his/her discretion, a citation for such violation or,
alternatively, if the owner cannot be identified and located with reasonable
effort, such animal may be seized and impounded.
(b) Seizure of at large animals; harboring and finder ownership.
(1) When an animal is at large on private property, the animal may be seized by
the property owner or tenant in a humane manner. The animal shall be
delivered to an animal control officer, or the city's designated holding or
impounding facility within two business days unless the person seizing the
animal wishes to keep the animal as his/her own. If the person seizing the
animal wishes to keep the animal, he/she shall notify the animal control
officer who shall attempt to determine ownership of the animal. If no
owner is found within three calendar days, the finder shall be conclusively
presumed to be the owner of such animal.
(2) Any person seizing an animal and then delivering the animal to an animal
control officer, the designated holding or impounding facility shall do so at
his/her own risk. Upon delivery the finder shall sign a delivery document
stating the date, time and location where the animal was found and a
description of the animal.
(3) If the ownership of a found animal is in dispute, the person claiming
previous ownership of the found animal must provide the finder with proof of
ownership in order to successfully reclaim the animal. Such proof may
include documentation of prior veterinary records of such animal and/or
identifying photographs.
(4) Any person who seizes an animal pursuant to this section shall exercise
utmost care to treat the animal humanely and to avoid inflicting any
cruelty, injury, sickness, hunger or other ailment or affliction upon the
animal during either the seizure or delivery of the animal. Any person
unable to comply with this section shall not seize an animal.
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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 surrounded by a
fence at least six feet in height and shall be topped with an anti-climbing device
constructed of angle metal braces with at least three strands of equally separated barbed wire
stretched between them.
(b) All anti-climbing devices shall extend inward at an angle of not less than 45 degrees
nor more than 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
(4) The person requesting the trap shall immediately notify an animal control
officer when an animal is captured.
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(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. 5-19.1.—Animal neglect prohibited.
(a) It shall be unlawful for any person to neglect any animal as defined in Section 5-2.
Sec. 5-20. -Female animals in heat.
An owner of a female animal in heat must be in compliance of section 5-37 (Mandatory spay
and neuter) and have complied with the requirements to hold an unaltered animal permit
for said female animal.
It shall be a violation of this chapter for the owner of any female animal in heat to fail to keep
the animal confined in a building or secure enclosure, veterinary hospital or boarding kennel
in such a manner that the female animal cannot come in contact with another animal except
for controlled and intentional breeding purposes. Any female animal not confined as herein
provided shall be impounded and shall not be redeemed during the period of heat. Such
animal shall be redeemed in accordance with the provisions of section 5-41.
Sec. 5-20.1. - Attempting to breed.
An unsterilized male animal attempting to breed with a female in heat who is in
compliance of section 5-20 (Female animals in heat) and section 5-37 (Mandatory spay
and neuter), shall be found in violation of section 5-14 (Running at large prohibited), [and]
section 5-37 (Mandatory spay and neuter)and shall also be in violation of this section.
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Sec. 5-21. -Disposition of dead animals.
(a) When any animal dies for any reason other than rabies or a suspicion of rabies, the
owner shall immediately dispose of the carcass of such animal by burying it at least three
feet below the surface of the ground. If the animal dies as a result of rabies or if rabies is
suspected, the carcass shall be surrendered to the animal control officer pursuant to section 5-
54.
(b) When an animal control officer discovers a dead animal on private property, the
animal control officer shall provide written notice to the owner, ordering the owner to
dispose of the
carcass within 24 hours. If the owner fails to comply or cannot be located, the animal
control officer shall dispose of the carcass and shall bill the owner for the cost of disposal.
(c) When an animal control officer discovers a dead animal on public property, the
animal control officer shall dispose of the carcass and make a reasonable effort to identify
and notify the owner of the animal.
(d) A log shall be maintained by the animal control division listing the date, time and
location where a carcass was discovered and a description of the animal for the purpose
of providing information to owners seeking information on missing animals.
Sec. 5-22. - Animals transported in vehicles.
Any animal transported in any open vehicle shall either be within a cage, crate or pen
which is well-ventilated and secured within the body of the vehicle or restrained by a tether
affixed to the center of the vehicle and attached to the collar or harness of the animal so
as to prevent the animal from escaping or causing injury to itself or any person. The tether
shall be short enough to prevent the animal's head from reaching the sides or back of
the vehicle. Nothing in this section shall be deemed to prohibit the transportation of
horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles
designated and constructed for such purposes.
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.
Secs. 5-25-5-29. - Reserved.
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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 vaccinations shall
conform to the vaccine manufacturer's directions. The cost of vaccination must be borne
by the animal's owner. Evidence of circulating rabies virus neutralizing antibodies shall not
be used as a substitute for current vaccination in managing rabies exposure or determining
the need for booster vaccinations.
Sec. 5-31. - License required.
Every person who owns a dog, 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 no later than January 1 of each year. Expiration date of the annual license is
December 31. Any renewal notice may be placed in a newspaper of general circulation or
newsletter that is distributed to all residents.
(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
calendar 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 calendar 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 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 30
calendar 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.
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(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 unaltered dog or cat over six
months of age.
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.
(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.
Breeders will be required to obtain the appropriate business tax receipt from the city to
operate business as a breeder.
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 that the animal is off of its registered property.
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 exemption, animal shall be vaccinated against rabies as soon as its health permits.
Sec. 5-36. - Breeding facilities and kennels.
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The owner of a breeding facility must be in good standing and have registration privileges
intact with the appropriate national animal registry. The owner must have three years'
documented experience in show clubs and participation in show trials.
(a) Residential areas.
(1) No person shall establish or maintain animal breeding on their residential
premises without first obtaining an annual breeder permit and license tag for
each unsterilized adult animal intended for breeding purposes. The license
fee shall be established by resolution of the city council.
(2) Any animal intended for breeding must be a household pet and reside
primarily inside the residence.
(3) At no time will the total number of adult animals exceed three per licensed
breeder residence.
(4) The offspring of the animals bred may be sold by the owner upon
compliance with all city, county and state requirements.
(5) There shall be only one species of dog or cat bred at any licensed breeder
residence. There shall be no more than one litter produced per year per
animal with a maximum of two litters per breeder residence per year.
(6) For protection and identification, all breeding animals will be identifiable by
either a tattoo or implant device. An implant scanner must be on the
premises if an implant device is used.
(7) Any person who is a breeder shall obtain an annual business tax receipt
and certificate of use for their business.
(b) Kennels.
(1) Kennels shall be located in compliance with the Edgewater Land
Development Code and the owner shall be required to obtain an annual
business tax receipt and certificate of use for their business.
(2) Kennel owners must live on the premises.
(3) No person shall establish or maintain animal breeding in a kennel without
first obtaining an annual breeder permit and license tag for each
unsterilized adult animal intended for breeding purposes.
(4) For protection and identification, all breeding animals will be identifiable by
either a tattoo or implant device. An implant scanner must be on the
premises if an implant device is used.
(5) A boarder shall not reside in a kennel for more than three weeks per visit,
nor more than 45 calendar days annually.
(c) Breeder responsibilities. It shall be a violation of this chapter for breeders to fail to:
(1) Maintain accurate records of all animals produced by breeding and a record
of their final disposition.
(2) Display an appropriate breeder license tag number in all advertising.
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(3) Supply the new owner with the breeder license tag number, information on
the
importance of spaying and neutering, and the requirements of this chapter.
(4) Immunize all dogs or cats offered for sale, trade, other consideration or
given away as required by F.S. § 828.29.
(5) Offer a spay/neuter contract and follow up on the contract.
(6) Guarantee to accept return of offspring for any reason.
(d) Indoor facilities for breeding and kennels.
(1) Facilities must be maintained with temperature, ventilation and lighting
suitable for each breed of animal housed.
(2) The facilities must provide adequate shelter from the elements and be kept
clean, dry and maintained regularly so as to promote proper health for the
animals being kept. Food must be fresh, wholesome, palatable, nutritionally
adequate and offered to each animal at least once daily. Water must be fresh
and available at all times. All animals shall be provided proper and necessary
veterinary care.
(3) Interior building surfaces of any indoor facility shall be constructed and
maintained so that they are impervious to moisture and can be readily sanitized.
(4) If drains are used,they shall be properly constructed and kept.
(5) Cages, kennels and runs must have enough space for animals to lie down,
stand, sit and stretch without touching the sides or top. Dogs shall be
exercised a minimum of 30 minutes twice daily.
(6) Concrete floors and runs must have a resting board and cages must have
bedding. Insulated bedding materials shall be provided during inclement
weather extremes.
(7) All facilities shall be constructed and maintained in compliance with all
applicable building and technical codes.
(8) Housing areas shall be illuminated during the daylight hours if sunlight does
not shine into the cages.
(9) All cages shall be constructed of impervious porous materials and shall
have floors of either solid construction or metal grid construction. Cages
having metal grid floors may be used provided the grid size is smaller than
the pads of the feet of the animals confined therein. No cages shall be
enclosed entirely by solid walls. Stack cages must have solid floors and if
drains are used, they shall be properly constructed and kept in good repair to
avoid foul odors.
(e) Outdoor facilities for breeding and kennels.
(1) Shelter. Sufficient shade shall be provided to afford all animals protection
from direct sunlight. Sufficient cover shall be provided to protect all animals
form rain. Shelter shall be provided for all animals when the ambient
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temperature falls below 50 degrees Fahrenheit. Sufficient clean bedding
material or other means of protection from the elements shall be provided
when the ambient temperature falls below that temperature to which the
animals are acclimated.
(2) Cleaning of enclosures. Excreta shall be removed from enclosures as often
as necessary to prevent contamination of the animals contained therein and to
reduce disease hazards and odors. When a hosing or flushing method is used
for cleaning an enclosure any animal contained therein shall be removed
from such enclosure during the cleaning process and adequate measures
shall be taken to protect the
animals in other such enclosures from being contaminated with water and
other waste. A suitable method shall be provided to rapidly eliminate any
excess water.
(3) Sanitation of enclosures required Prior to the introduction of animals into
empty enclosures previously occupied, such enclosures shall be sanitized.
Enclosures for animals shall be sanitized often enough to prevent an
accumulation of debris or excreta or a disease hazard; provided, however,
such enclosure shall be sanitized at least once per week.
(4) Method of sanitation. Cages, rooms and hard-surfaced pens or runs shall be
sanitized by washing them with hot water and soap or detergent or by
washing all soiled surfaces with a detergent solution followed by a safe and
effective disinfectant, or by cleaning all soiled surfaces with live steam. Pens
or runs using gravel, sand or dirt shall be sanitized by removing the soiled
gravel, sand or dirt and replacing it as necessary.
(5) Pest control. An effective program for the control of insects, ectonarasites
and avian and mammalian pests shall be established and maintained.
(f) Inspections and enforcement. Annual inspections of breeding facilities and kennels
shall be conducted by the animal control officer. An animal control officer may,
without notice, inspect breeding facilities and kennels in the investigation of a complaint
against such facility.
Sec. 5-37. -Mandatory spay and neuter.
(a) Purpose. The unintended or uncontrolled breeding of dogs and cats within the city
leads to many becoming unwanted strays, suffering privation, constituting a public nuisance
and health hazard and can result in death. The unintended or uncontrolled breeding
results in numerous animals being impounded and euthanized at great expense to the
community. It is, therefore, declared that every feasible means of reducing the number of
unwanted dogs, cats, puppies, and kittens be encouraged.
(b) Spaying, neutering of dogs and cats.
(1) Requirement. No person may harbor a dog or cat six months of age or
older within the city that has not been spayed or neutered unless such person
holds an unaltered animal permit for each unaltered dog or cat, unless the
dog or cat is otherwise exempt under this section.
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(2) Unaltered animal permit.
a. Qualifications. An owner of an unaltered dog or cat shall qualify for
an unaltered animal permit if one of the following is satisfied:
1. Shows and competitions. The dog or cat is used to show, to
compete or to breed, which is of a breed recognized by and
registered with the American Kennel Club (AKC), United
Kennel Club (UKC), American Dog Breeders Association
(ADBA), Cat Fanciers' Association (CFA), or other bona fide
registry and meets one of the following requirements:
i. The dog or cat has competed in at least one show
or sporting competition sanctioned by a bona fide
national registry within the last 365 calendar days;
ii. The dog earned conformation, obedience, agility,
carting, herding, hunting, protection, rally, sporting,
working or other title from a purebred dog registry,
referenced above, or other registry or dog sport
association;or
iii. The owner of the dog or cat is a member of, and the
dog or cat is registered with, a bona fide purebred dog
breed club or cat fancier's association, which maintains
and enforces a code of ethics for dog or cat breeding
that includes restrictions from breeding dogs or cats
with genetic defects and life-threatening health
problems that commonly threaten the breed, or the
owner signs a statement under oath attesting that the
dog or cat is being trained to comply with subsections
i. or ii., above.
2. Medical fitness. A veterinarian licensed in the state certifies in
writing that a dog or cat is medically unfit to undergo the
required spay or neuter procedure because of a medical
condition, including, but not limited to, age, would be
substantially aggravated by the procedure or would likely
result in the death of the dog or cat. The certification must
state the date, if any, by which the dog or cat may be
spayed or neutered. As soon as the medical condition that
prevents a dog or cat from being spayed or neutered ceases to
exist, it shall be the duty of the owner to have it spayed or
neutered within 30 calendar days.
3. 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.
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4. Service animals. A dog or cat that is a service animal as
defined in this chapter, 28 CFR 36.104 and F.S. § 413.08 or is
part of a bonafide service animal breeding program. The
owner shall comply with this article relating to breeder
permits, facilities, etc.
5. Breeders. The owner demonstrates to the animal control
division proof of a breeding contract for a particular dog or
cat, membership in a bona fide national, state or local
organization for the perpetuation of a given breed of dog or
cat, or proof of a litter produced by breeding of the dog or cat
within the last 365 calendar days.
6. Hunting and herding dogs. The dog is currently used as, or
trained to be, hunting or herding dog and the dog is
registered with a bona fide national, state or local hunting or
herding dog association. Alternatively, the owner of the dog
signs a statement under oath attesting that the dog is used,
trained, or will be trained to be a hunting or herding dog.
None of the aforementioned qualifications shall be construed to
authorize the breeding or harboring of dogs or cats in violation
of the Zoning Code of the City, or exempt the owner or their
dog or cat from any other provisions of this chapter.
b. Deadline. A dog or cat governed by this section shall be spayed or
neutered by its owner or, if eligible, the owner shall obtain an
unaltered animal permit within 30 calendar days of the dog or cat
becoming six months of age, or by September 1, 2011, whichever is
later in time, or, in the case of an owner whom acquired a dog or
cat after it becoming six months of age, 30 [days] of acquisition.
c. Microchipping. As a condition to obtaining an unaltered animal
permit, an eligible dog or cat must be implanted with an identifying
microchip and the owner must provide the microchip number to the
animal control division. This requirement shall not apply to hunting or
herding dogs.
d. Place of residence. The address of the owner shall be presumed to be
the residence of the dog or cat. All changes of address must be
reported to the animal control division within 30 calendar days
following such change.
e. Change in ownership. A permit holder shall notify the animal
control division and the national registry applicable to the implanted
microchip in writing of any change in ownership of a dog or cat
within 30 calendar days.
f. Term of permit. An unaltered animal permit shall be valid for the
life of the dog or cat.
g. Revocation. Upon receipt of information of violation of this section,
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the animal control division may issue a notice of revocation to a
permit holder. The notice of revocation shall provide a summary
of the information of the violation and shall be sent by certified
mail, return receipt requested, hand delivery by a police officer, or
animal control officer, or upon posting of the property at the address
listed in the permit application. Any request for hearing shall be
filed by the permit holder with the animal control division within
ten calendar days after the permit holder's receipt of said notice. The
permit holder shall set forth the reasons
why the permit holder believes the revocation would be an error.
Failure to timely request a hearing shall render the revocation final.
All hearings shall be conducted by the Special Magistrate animal
control board within
30 calendar days after the receipt of a request for hearing and in
accordance with section 5-6. The original of the board's written
decision shall be filed with the animal control division and copies
shall be mailed to the city attorney and permit holder. The original of
the board's written decision shall be filed with the animal control
division and copies shall be mailed to the city attorney and permit
holder.
h. Penalty. Any person who violates any provision of this section is
subject to the enforcement procedures and penalties of this chapter.
These penalties shall not preclude the issuance of a notice of
revocation to a holder of an unaltered animal permit for violations of
this section.
(3) Exemptions. A dog or cat that meets the following criteria shall be exempt
from this section and not be required to obtain an unaltered animal permit:
a. A dog or cat temporarily harbored within the city for less than 30
calendar days within any calendar year.
(4) Fee. A permit fee shall be paid at the time of application. The
unaltered/unsterilized animal permit fee shall be established by resolution of
the city council.
Secs. 5-38,5-39. -Reserved.
ARTICLE III. - IMPOUNDMENT
Sec. 5-40. - Impoundment.
(a) Animals subject to impoundment. An animal control officer shall have the
authority to pick up, capture, catch, procure and impound in a holding facility any animal
found on public or private property under the following conditions:
(1) Any animal suspected or believed to be infected with rabies or any
infectious disease. An animal suspected of having or exhibiting symptoms
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of rabies or an infectious or contagious disease shall be segregated from other
animals.
(2) Any animal not licensed or permitted as provided for in this chapter.
(3) Any animal running at large.
(4) Any animal constituting a public nuisance.
(5) Any animal that has been or is being mistreated.
(6) Any lost, abandoned or unattended animal.
(7) Any dog that appears to be running in a pack. For the purposes of this
section a pack shall mean three or more dogs.
(8) Any dangerous animal not in compliance with the written notification of
their classification.
(9) Any animal being considered for dangerous animal classification.
(10) Any female animal in heat which is not property properly confined by its
owner pursuant to section 5-20.
(11) Any wildlife hybrid for which the owner does not have a proper permit.
(12) Any animal that is in violation of any quarantine or confinement order of
an animal control officer.
(13) Any unattended animal that is ill, injured or otherwise in need of care.
(14) Any animal that a court of competent jurisdiction has ordered impounded
or destroyed.
(b) Incapacity of owner. If the owner of an impounded animal is incarcerated or
otherwise rendered temporarily unable to care for the animal, the impounding facility or
shelter having custody of the animal will hold the animal up to three days. During this
three-day period, all
reasonable means will be utilized in an attempt to contact the owner to make arrangements
for care of the animal impounded. If no arrangements are made, custody will then revert to
the city's animal shelter for adoption or euthanasia if necessary.
(c) Sterilization. Any animal impounded three two times within a 12-month period must
be sterilized prior to return to its owner. Sterilization will be at the owner's expense. Any
animal determined by a licensed veterinarian and the city's animal services division to
be at risk of unintended adverse effects from the sterilization procedure is exempt from this
section.
Sec. 5-41.- Disposition of impounded animals.
(a) When an animal bears an indicia of ownership or whenever the owner of an
impounded animal can be determined, the animal control officer shall notify the owner
of the animal's impoundment by the most expedient means, i.e., telephone message,
posted written notice, or certified mail, return receipt requested.
(b) If an animal is not claimed within three days after impoundment, the animal shall
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be deemed unowned or abandoned and shall be disposed of pursuant to the requirements
of this chapter and the rules and regulations of the impounding facility.
(c) The final day of the impoundment period shall only occur on a day in which the
impounding facility is open for normal operating activities. Upon proof of ownership,
payment of any impoundment fees, and the procurement of any required vaccinations and
tags, the owner of an impounded animal is entitled to resume possession. However, in the
event that an animal has been impounded due to cruelty, mistreatment or public nuisance,
the owner shall only be entitled to redemption of the animal after the animal control officer
authorizes such redemption. Proof of ownership may include a license receipt, affidavits of
neighbors, photographs or other reliable documentary evidence.
(d) Upon determination of cruelty, abuse, neglect or abandonment, the animal control
officer may impound an animal for a period in excess of three days. In that case, the
impounding facility shall not dispose of the animal until so directed by the animal control
officer.
(e) Any unclaimed animal shall become the property of the impounding facility after
the three-day hold period, and may be humanely destroyed, maintained or disposed of by gift,
sale or adoption pursuant to the requirements of this chapter and the rules and
regulations of the impounding facility.
(0 The impoundment period may be waived for any animal (including feral cats) that
appear to be injured, ill or a danger to themselves or others.
(g) The impoundment period may also be waived for all avians, reptiles, venomous
snakes and any other exotic animal unable to be safely impounded by the city, as
determined by the animal control officers.
Secs. 5-42-5-49. - Reserved.
ARTICLE IV. -
RABIES
Sec. 5-50. - Animals infected with rabies; reporting requirements.
(a) It shall be the duty of the owner and any person knowing of any animal infected
with or showing symptoms of rabies or any unusual behavior to report the same
immediately to an animal control officer.
(b) It shall be the duty of any person bitten or scratched or having knowledge of or
treating any person bitten or scratched by any animal to immediately report the fact of
such bite or scratch to the animal control officer. It shall be the duty of any person knowing
of or treating any animal bitten by another animal having or suspected of having rabies
to report those facts immediately to an animal control officer.
Sec. 5-51. - Duties of animal control officer.
(a) When an animal control officer is informed that an animal has bitten or
scratched a person or that an animal is suspected of having or showing symptoms of
rabies, any other infectious or contagious disease or any unusual behavior, the animal
control officer shall:
(1) Capture such animal. In the capture of such animal the animal control officer
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shall not kill such animal unless in its capture a clear and present danger of
harm or injury to the animal control officer or other persons exists. Such
animal shall be placed in quarantine for observation for a period of at least
ten days from the date of the bite or scratch. The owner of such animal shall
relinquish possession of the animal for the purpose of quarantine.
(2) Detach without mutilation and send to a state board of health laboratory for
pathological examination the head of any wild animal or any animal tamed
from a wild environment, which has bitten or scratched any person, if in the
opinion of the animal control officer such injury was the result of an
aggressive and overt act or such animal is suspected of having or exhibits
symptoms of having rabies, or if such is the request of the person bitten or
scratched, his or her parent or legal guardian, or his or her physician and the
animal control officer.
(b) Quarantine shall be maintained in the impoundment facility or at the owner's request
in a licensed veterinary hospital of his choice. Any animal under quarantine shall not be
released or moved from the place of the initial quarantine confinement unless permission
is obtained from the animal control officer. The owner, if any, shall bear the cost of
the care, feeding and maintenance of a quarantined animal.
(c) The owner of any dog vaccinated with an approved rabies vaccine within the past
12 months, after receiving approval of the animal control officer may have such dog
quarantined in an alternate location. At any time during the quarantine it is determined by
the animal control officer that the quarantine is not property–properly maintained, the
animal control officer, at the
(d) Any animal subject to quarantine shall not be vaccinated before the quarantine period
has expired.
Sec. 5-52. -Surrender of animal for quarantine or destruction.
It shall be a violation of this chapter for any person to fail to surrender any animal for
quarantine or destruction as required by the animal control officer.
Sec. 5-53. - Killing or removal of rabid animal.
It shall be a violation of this chapter for any person except an animal control officer
pursuant to section 5-51 to kill or cause to be killed, or to remove from the city without
consent of an animal control officer any rabid animal, any animal suspected of having or
showing symptoms of rabies or any other infectious or contagious disease or unusual behavior,
or any animal biting a human.
Sec. 5-54. - Surrender of carcass of rabid animal.
It shall be a violation of this chapter for any person to refuse to surrender to an animal
control officer the carcass of any dead animal exposed to or suspected of having been exposed
to rabies.
Secs. 5-55-5-59. - Reserved.
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ARTICLE V. -DANGEROUS DOGS
Sec. 5-60. - Dangerous dogs.
(a) F.S. §§ 767.120 through 767.146 and all subsequent amendments regulating
dangerous dogs are adopted by reference and incorporated herein.
(b) An animal control officer shall investigate reported incidents involving any dog that
may be dangerous and shall, if possible, interview the owner and require a sworn affidavit
from any person desiring to have a dog classified as dangerous. Any animal that is the
subject of a dangerous dog investigation and is not impounded shall be humanely and
safely confined by the owner in a securely fenced or enclosed area pending the
outcome of the investigation and resolution of any hearings related to the dangerous dog
classification. The address of the location where the animal is confined shall be provided to
the animal control officer. No dog that is the subject of a dangerous dog investigation may
be relocated or ownership transferred pending the outcome of an investigation or any
hearings related to the determination of a dangerous dog classification. In the event that
a dog is to be destroyed, the dog shall not be relocated or ownership transferred. A dog
shall not be declared dangerous if the threat, injury or damage was sustained by a person
who at the time was unlawfully on the property or while lawfully on the property, was
tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may
be declared dangerous if the dog was protecting or defending a human being within the
immediate vicinity of the dog from an unjustified attack or assault.
(c) After the investigation, the animal control officer shall make an initial determination
as to whether there is sufficient cause to classify the dog as dangerous and shall afford the
owner an opportunity for a hearing prior to making a final determination. The animal
control officer shall provide written notification of the sufficient cause finding, to the
owner, by registered mail, certified hand delivery, or service in conformance with the
provisions of F.S. chapter 48 relating to service of process. The owner may file a written
request for a hearing before the Special Magistrate animal control beard within seven
calendar days from the date of receipt of the
notification of the sufficient cause finding and, if requested, the hearing shall be held as
soon as possible, but not more than 21 calendar days and no sooner than five days after
receipt of the request from the owner.
(d) Once a dog is classified as a dangerous dog, the animal control officer shall
provide written notification to the owner by registered mail, certified hand delivery or
service in conformance with the provisions of F.S. chapter 48. The owner may file a
written request for a hearing in county court to appeal the classification within ten
business days after receipt of a written determination of dangerous dog classification.
The owner must confine the dog in a securely fenced or enclosed area pending a
resolution of the appeal.
(e) Within 14 days after a dog has been classified as dangerous by the Special
Magistrate animal control board or a dangerous dog classification is upheld by the county
court, the owner of the dog must obtain a certificate of registration for the dog from the
city. The certificate shall be renewed annually. Certificates of registration, and renewals
thereof, shall only be issued to persons who are at least 18 years of age and who present to
the city sufficient evidence of:
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(1) A current certificate of rabies vaccination for the dog.
(2) A proper enclosure to confine a dangerous dog and the posting of the
premises with a clearly visible warning sign at all entry points that informs
both children and adults of the presence of a dangerous dog on the property.
(3) Permanent identification of the dog, such as a tattoo on the inside thigh
or electronic implantation.
The registration fee shall be established by resolution of the city council and shall provide
for a reduced fee for sterilized animals.
(f) The owner of a dangerous dog shall immediately notify the animal control officer
when a dog that has been classified as dangerous:
(1) Is loose or unconfined.
(2) Has bitten a human being or attacked another animal.
(3) Is sold, given away, or dies.
(4) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to an animal control officer. The new
owner must comply with all of the requirements of this section even if the animal is moved
elsewhere in the
state. An animal control officer must be notified by the owner of a dog classified as
dangerous that the dog is in her jurisdiction.
(g) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a
proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash
and under the control of a competent person. The muzzle must be made in a manner that
will not cause injury to the dog or interfere with its vision or respiration but will prevent it
from biting any person or animal. The owner may exercise the dog in a securely fenced or
enclosed area that does not have a top without a muzzle or leash if the dog remains within
his or her sight and only members of his or her immediate household or persons 18 years of
age or older are allowed in the enclosure when the dog is present. When being transported,
such dogs must be safely and securely restrained within a vehicle.
(h) Hunting dogs are exempt from the provisions of this section when engaged in any
legal hunt. However, such dogs at all other times and in all other respects shall be
subject to the provisions of this chapter. Dogs that have been classified as dangerous
shall not be used for hunting purposes.
(i) This section does not apply to dogs used by law enforcement officials for law
enforcement work.
(j) The fee for issuance of a dangerous dog certificate of registration shall be established
by resolution of the city council.
(k) Any person who violates any provision of this section guilty of a noncriminal
infraction punishable by a fine not exceeding$500.00.
(1) If a dog that has previously been declared dangerous attacks or bites a person
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or a domestic animal without provocation, the owner is guilty of a misdemeanor of the
first degree, punishable as provided in F.S. §§ 775.082 or 775.083. In addition, the
dangerous dog shall be immediately confiscated by an animal control officer, placed in
quarantine, if necessary, for the proper length of time, or impounded and held for ten
business days after the owner is given written notification and thereafter destroyed in an
expeditious and humane manner. This ten-day time period shall allow the owner to
request a hearing before the Special Magistrate animal eentrel--beard. The owner shall be
responsible for payment of all boarding costs and other fees as may be required to humanely
and safely keep the animal during any appeal procedure.
(m) If a dog that has not been declared dangerous attacks and causes severe injury to or
death of any human, the dog shall be immediately confiscated by an animal control officer,
placed in quarantine, if necessary, for the proper length of time or held for ten business
days after the owner is given written notification, and thereafter destroyed in an
expeditious and humane manner. This ten-day time period shall allow the owner to request
a hearing before the Special Magistrate 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
F.S. §§ 775.082 or 775.083.
(n) If a dog that has previously been declared dangerous attacks and causes severe
unaware [injury] to or death of any human, the owner is guilty of a felony of the third
degree, punishable as provided in F.S. §§ 775.082, 775.083 or 775.084. In addition, the
dog shall be immediately confiscated by an animal control officer, placed in quarantine, if
necessary, for the proper length of time or held for ten business days after the owner is
given written notification and thereafter destroyed in an expeditious and humane manner.
This ten-day time period shall allow the owner to request a hearing before the Special
Magistrate 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.
(o) If the owner files a written appeal, the dog must be held and may not be destroyed
while the appeal is pending. The owner is responsible for any and all fees while the
animal is being held pending appeal.
(p) If a dog attacks or bites a person who is engaged in or attempting to engage in a
criminal activity at the time of attack, the owner is not guilty of any crime specified under this
section.
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ARTICLE VI. —URBAN BACKYARD CHICKENS
Sec. 5-62.—Urban Backyard Chickens
(a) Purpose and intent. The purpose of this chapter is to allow an owner, residing on a
single-family residential lot to possess a limited number of chickens in their backyard,
thereby producing fresh eggs for personal use by the owner residing on the premises, as
follows.
(1) The keeping of up to four chickens on an occupied, one-quarter acre minimum, single-
family residential property within the R-1 (Single Family Residential),R-2 (Single Family
Residential),R-3 (Single Family Residential), RT(Rural Transitional)and AG
(Agriculture)zoning districts, subject to the terms and conditions of this chapter.
(2) Chickens are for personal use, and allowed in conjunction with existing single-
family residential uses, subject to the terms and conditions of this chapter.
(3) The chickens and associated coops, cages and runs shall be kept in a fenced rear
yard that is completely enclosed with a minimum of a six (6) foot privacy fence
constructed of wood, vinyl or concrete. All fence construction shall require a fence
permit.
(4) The maximum four chickens are in addition to any other allowed animals on site.
(5) The keeping of chickens is not considered a farm, nor is it considered the process of
farming.
(b) Applicability. A single chicken flock is allowed to be kept by an owner living in an
occupied single-family residential property located in the R-1 (Single Family Residential),
R-2 (Single Family Residential), R-3 (Single Family Residential), RT (Rural Transitional)
and AG (Agriculture) zoning district, subject to the terms and conditions of this chapter.
All chickens must be provided feed and water at all times and must be kept secure and
enclosed on the property within the coop and run.
(c) Chicken coop and chicken run.
(1) A chicken coop and a chicken run are required in order to contain chickens. A
chicken coop may be a fixed or moveable structure, and must provide secure housing
that is properly ventilated to house and protect the chickens from the elements.
(2) The chicken coop and the associated chicken run shall be appropriately sized for the
number of birds to be kept as follows:
a. The chicken coop is limited to a maximum of 50 square feet.
b. The chicken coop shall provide a minimum of three square feet per chicken and
be of sufficient size to permit free movement of the chickens. The coop may not be
taller than six feet, measured from the natural grade, and must be easily accessed
for cleaning and maintenance.
(3) The attached fenced-in chicken run shall provide a minimum of ten square feet per
chicken and be of sufficient size to permit free movement of the chickens. The run must
not exceed 120 square feet and must not exceed six feet in total height. Chicken runs
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may be enclosed with wood and/or woven wire materials, and must allow chickens to
make contact with the ground.
(d) Construction.
(1) Chicken coops must be elevated with a clear open space of at least 24 inches
between the ground surface and the framing/floor of the coop; or
At ground level, the coop floor, foundation and footings must be constructed using
predator and rodent resistant construction.
(2) Chicken coops are not allowed to be located in any part of a home and /or garage.
(3) Chicken feed and manure must be kept in rodent proof containers.
(e) Conditions and inspection. Any chicken coop and chicken run may be inspected at any
reasonable time by the city animal control officer or other agent of the city.
(f)Setbacks.
(1) The chicken coop and chicken run must be a minimum of five feet from the
residential building located on the same property as the chickens.
(2) Chicken coops must meet the same required setbacks as the principal building.
(3) Chicken coops and runs must be located at least 20 feet from any dwelling on any
adjoining premises.
(4)No coop or enclosure shall be allowed in a front yard.
(g) Confinement.
(1) Every person who owns, controls, keeps, maintains or harbors chickens must keep
them confined on the premises at all times within a chicken coop or chicken run unless
a person is interacting with and supervising the chickens within the confines of a fenced
rear yard on the same premises as the coop. After a person has completed the personal
interaction and supervision of chickens within the confines of the fenced rear yard, the
chickens shall be returned to the coop or run enclosure.
(2) The coop shall be covered and ventilated, and an attached fenced run enclosure is
required. The coop and enclosure must be completely secured from predators, including
all openings, ventilation holes, doors and gates. Fencing or roofing is required over the
coop and enclosure in order to protect the chickens from predators.
(h) Sanitation. The owner is expected to keep their flock of chickens in a manner that is
clean and sanitary in order to not pose a public health risk or a public nuisance. The chicken
coop and run must be kept clean, dry and odor free. The coop, run and surrounding area
must be free from trash and accumulated droppings.
(1) Chicken coops and run enclosures shall be maintained in a clean and sanitary
condition at all times, and animal waste shall not be allowed to accumulate.
(i)Nuisance.
(1) Chicken coops and run enclosures must be kept in a manner that does not create a
nuisance (noise, odor, etc.) for neighbors.
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(2) Chickens shall not be permitted to create a nuisance consisting of odor, noise or
pests, or contribute to any nuisance on or into any adjoining property.
(3) Chickens shall not harm or unreasonably disturb the peace and quiet of the
surrounding neighborhood.
(4) Chickens shall not run free or be found at large, and shall not damage property or
deposit excretory matter upon the property belonging to anyone other than their owner.
(j) Fencing.
(1) The coop and enclosure must be visually screened from the neighbor's view with a
solid privacy fence with a minimum height of six feet.
(2) Fencing of the run shall be designed and constructed to confine the chickens only to
the chicken coop and chicken run where the chickens reside.
(3) Every person who owns, controls, keeps, maintains or harbors chickens within the
city must keep them confined at all times within a chicken coop and/or chicken run.
Any coop and run shall be contained within a visually screened solid privacy fence with
a minimum height of six feet.
(k)Prohibited.
(1)No person shall keep any rooster.
(2) The slaughter of chickens is prohibited on the premises.
(3) Chickens shall be kept for personal use only. The sale of chickens eggs or chicken
manure, or the breeding of chickens for commercial purposes is prohibited.
(4) Ducks, geese, turkeys, peafowl, roosters, or any other poultry or fowl are not
allowed under the provisions of this chapter.
(5) This chapter does not authorize persons to violate or circumvent applicable
homeowners' association rules and regulations and restrictive covenants. The City does
not police or enforce private homeowners' association rules and regulations and
restrictive covenants. Persons desiring to acquire and locate chickens on their property
are solely responsible for compliance with all applicable homeowners' association rules
and regulations and restrictive covenants.
(6) Chickens are prohibited within planned unit development (PUD) zoned districts
unless the terms of a PUD specifically reference that Urban Backyard Chickens are
permitted. Chickens shall not be kept on duplex triplex or multifamily properties, or
within mobile home/manufactured home parks.
(1) Permits and violations.
(1) All applicable building permits shall be obtained prior to constructing fences
(2) Prior to obtaining and keeping chickens, the resident shall attend and successfully
complete a class at the Florida Agricultural Extension Services, county extension
office, or other Development Services Department approved course, on the care and
raising of chickens.
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(3) If a public health emergency declared by the Volusia County Health Department,
immediate corrective action may be required in accordance with applicable public
health regulations and procedures and in conjunction with animal services.
(4) In the event that a violation of this chapter occurs, the city shall have the right to
institute code enforcement proceedings and prosecute code violations against the
violator and the property owner of the real property where the violation occurs.
(5) Chickens currently existing within the city shall not be "grandfathered" or permitted
to remain after the effective date of this ordinance; however, the owner of the chickens
shall have 90 days from the effective date of this section to come into compliance with
this section.
Secs. 5-62-5-69. -Reserved.
ARTICLE VII. -ENFORCEMENT AND PENALTIES
Sec.5-70. -Enforcement.
(a) An animal control officer who has probable cause to believe that a violation of
this chapter has occurred shall do one or more of the following:
(1) Issue a warning to the person who has committed the violation.
(2) Issue a citation to the person who has committed the violation.
(3) Impound the animal involved.
The determination that a violation has occurred may be the result of the animal control
officer's own investigation or as the result of a complaint by an aggrieved person.
(b) A violation of this chapter, except as otherwise provided, constitutes a civil
infraction punishable by a civil penalty not to exceed $500.00. Penalties for violation of
specific sections of this chapter shall be established by resolution of the city council. If a
person who has committed the violation does not contest the citation, a civil penalty of less
than the maximum allowed will be assessed. Any citation may be contested in county court.
(c) Each day or fraction thereof during which a violation of this chapter continues shall
be considered as a separate offense. •
(d) It shall be mandatory for an owner of an animal to appear in court under the
following circumstances:
(1) When any violation of this chapter results in the unprovoked biting,
attacking or wounding of another animal.
(2) When any violation of this chapter results in the destruction or loss of
personal property and such destruction or loss exceeds $100.00 in value.
(3) When a person is cited with a second or subsequent violation of section
5-19 involving animal cruelty.
(4) When a person is cited with a third or subsequent violation of any section of
this chapter.
(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
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upon the request of the city. This order shall require the person to appear before the court to
explain why action on the citation has not been taken. If any person who is issued such
an order fails to appear in response to the court's directive, that person may be held in
contempt of court.
(f) The commission of a charged infraction at a hearing authorized pursuant to this
chapter must be proven by a preponderance of the evidence.
(g) Any person who willfully refuses to sign and accept a citation issued by an
animal control officer is guilty of a misdemeanor of the second degree, punishable as
provided in F.S.
§§ 775.082 or 775.083.
(h) The city council may by resolution impose a surcharge in an amount as
authorized pursuant to F.S. § 828.27(4)(b) upon each civil penalty imposed for violation of
this chapter. The proceeds from such surcharge shall be used to pay the costs of
training for animal control officers.
(i) Once the city prevails in any action related to a violation or determination under
this chapter, the city shall be entitled to recover from the person committing the violation all
administrative costs associated with the proceeding and all costs incurred by the city in
harboring the animal during the course of the proceeding.
(j) In addition to the civil penalty, the city shall include on the citation any costs
assessed against the owner of an animal by operation of this chapter which remain unpaid as
of the time a citation is issued.
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