§ 5-29. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon shall mean to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or keeper. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal, in accordance with F.S. § 705.19. An animal will not be considered abandoned if the owner or keeper arranges for a person to feed, water, and monitor the animal's condition on a scheduled or regular basis. Intervals between monitoring, watering, and feeding shall not exceed twenty-four (24) hours. An animal shall be considered a stray after thirty (30) calendar days.

Animal shall mean any living dumb creature.

Animal services classification committee shall mean a committee appointed by the board of county commissioners to hear appeals regarding the classification of dogs as dangerous or potentially dangerous.

Animal services officer shall mean any person employed, contracted with or appointed by the county who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue warnings and citations as provided in this article. An animal services officer is not authorized to bear arms or make arrests. The term "animal services officer" also means "code enforcement officer" but only for the purpose of providing confidentiality and exemption from public disclosure of the home addresses and telephone numbers of animal services officers.

At-large shall mean:

(1)

With regard to a dog:

(a)

A dog off the owner's premises and not under a competent person's control by means of a leash, cord or chain; or

(b)

A dog on the owner's property and not under control of a competent person or not confined or restrained by means of a leash, cord or other humane restraining device;

(c)

Provided, however, a dog under supervision and engaged in hunting or agricultural or ranching tasks or a competition, trial or show, or designated dog park shall not be considered at large.

(2)

A cat, off the owner's premises, which does not display a current rabies vaccination or identification tag.

Certificate shall mean a certificate issued by the county or a licensed veterinarian showing that the animal has been currently vaccinated for rabies.

Certificate of registration shall mean a county dangerous or potentially dangerous dog registration issued pursuant to this article.

Citation shall mean a written notice, in form required by F.S. § 828.27, and issued by an officer to a person, either in person, by certified mail, or by conspicuous posting upon a dwelling, when the officer has probable cause to believe that the person has committed a civil infraction in violation of this article and that the county court will hear the charge. The citation shall 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 ordinance violated.

(6)

The name and authority of the officer.

(7)

The procedure for the person to follow in order to pay the civil penalty or 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/she shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(11)

A conspicuous statement that a person required to appear in court as ordered does not have the option of paying a fine in lieu of appearing in court.

Clinic shall mean a low-cost spay/neuter facility, operated by the county to perform spay and neuter surgeries, administer rabies shots, provide vaccination tags, and provide emergency care to animals impounded by the animal services division.

Commercial kennel or pet dealer shall mean any premises used for a business requiring an occupational license wherein any person engages in boarding, breeding, buying, letting for hire or training dogs or cats for a fee. County-operated animal services agencies, veterinary clinics, animal hospitals, noncommercial kennels, and societies for the prevention of cruelty to animals (as identified in F.S. § 828.03) are exempt from this definition.

Competent person shall mean a person of such maturity as to be able to exercise control over an animal.

Control shall mean the regulation of the possession, ownership, care, and custody of animals.

Cruelty shall mean any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, as defined in F.S. § 828.02.

Dangerous dog shall mean any dog that, according to animal services division records; other animal control or law enforcement authorities; or as attested to by sworn affidavit:

(1)

Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property, including the owner's property other than in defense of the owner, or the owner's home, in response to an action of the person injured or attacked;

(2)

Has severely injured or killed a domestic animal while off the owner's property;

(3)

Has been used primarily for the purpose of dog fighting or is a dog trained for dog fighting; or

(4)

Has, when unprovoked, chased or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; provided that such actions are attested to in a sworn statement by one (1) or more persons and dutifully investigated by the animal services division.

(5)

Dogs used by law enforcement officials for law enforcement work are exempt from dangerous dog classification.

Division manager shall mean the animal services division manager or designee authorized to administer and enforce the provisions of this article.

Domestic animal shall mean any dog, cat, ferret, rabbit, or bird that has been domesticated so as to live and breed in a tame condition.

Every possible effort shall mean attempting to locate the owner of an animal through reasonable means, which may include but is not limited to, the search for an identification tag, tattoo, micro-chip or canvassing of the neighborhood.

Feral cat shall mean an untamed domestic cat living in the wild that has had little or no human contact and is not socialized.

Keeper shall mean any person having temporary (less than thirty (30) calendar days) possession, custody or control of an animal.

Licensed veterinarian shall mean any person who is licensed to engage in the practice of veterinary medicine in the state under the authority of F.S. ch. 474.

Neglect shall mean failure to provide food, water, shelter, adequate ventilation, protection from the elements, or other care generally considered to be normal, usual and accepted for an animal's health and well-being.

Neutered or spayed shall mean rendered permanently incapable of reproduction by surgical alteration, implantation of a device, or other physical means.

Noncommercial kennel shall mean any premises used primarily as the domicile of an animal owner, on which premises said owner breeds purebred or nonpurebred animals for personal recreational use; provided that where said animals are offered for sale, sold or exchanged for profit, said sales shall comprise no more than twenty-five (25) percent of said owner's income.

Nuisance shall mean:

(1)

Any domestic animal that disturbs the peace and quiet of a neighboring resident by habitually and repeatedly barking, howling, crying, screaming, whining or making other bothersome noises; or

(2)

Any domestic animal that chases automobiles, other vehicles, livestock, or other domestic animals or runs at large; or acts in an aggressive manner; or

(3)

Any domestic animal that destroys or damages public or private property or causes a serious annoyance so as to interfere with the reasonable use and enjoyment of public or private property; or

(4)

Any domestic animal that urinates or defecates on public or private property without the property owner's consent; or

(5)

Any domestic animal which is an unwelcome guest on private or public property.

Officer shall mean any law enforcement officer defined in F.S. § 943.10, or any animal control officer.

Owner shall mean any person or legal entity possessing, harboring, keeping or having control or custody of an animal on or within their own real property or, if the animal is owned by a person under the age of eighteen (18), that person's parent or guardian. Any person or legal entity who provides food, water, shelter, or care for an animal for thirty (30) calendar days shall be considered to be the owner of said animal.

Potentially dangerous shall mean any dog that, according to animal services division records, other animal control or law enforcement authorities, or as attested to by sworn affidavit, has posed a threat to public safety by:

(1)

Causing an injury to a person or domestic animal that is less than a severe injury; or

(2)

Without provocation, chasing or menacing a person or domestic animal in an aggressive manner; or

(3)

Without provocation, repeatedly acting in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape.

(4)

Dogs used by law enforcement officials for law enforcement work are exempt from potentially dangerous dog classification.

Proper enclosure of a dangerous dog shall mean that 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 animal from escaping. Such pen or structure shall have secure sides, top, and flooring to prevent the dog from escaping over, under or through the structure and shall also provide adequate ventilation and protection from the elements.

Proper enclosure for a potentially dangerous dog shall mean a securely constructed fenced area, in good repair and condition, that the dog is unable to climb over, dig under, or in any way pass or reach through if the dog is to be allowed off leash outside the owner's residence. This area must have secure gates that are to be locked at all times when the animal is present.

Provoked shall mean to tease, molest, torment, abuse, assault, or to instigate behavior in a dog or cat that may lead to the animal attacking or biting a person or another animal.

Restraining device shall mean a chain, cord, or cable, with a minimum length of ten (10) feet, used to confine an animal on an owner's property. This device must provide for humane, unrestrained range of movement for the animal to insure that the animal is not exposed to hazard or injury and shall not prevent the animal from having food, water, shelter, adequate ventilation, protection from the elements or other care generally considered to be normal and usual. This device shall be proportional in size, weigh no more than one-eighth ( 1/8 ) of the dog or puppy's body weight, and designed for use with the specific breed of animal with an appropriate collar. These devices shall not be used to confine a dog on an owner's property between the hours of 9:00 a.m. and 5:00 p.m., three hundred sixty-five (365) days a year and during times of extreme weather, e.g., hurricanes, below freezing conditions.

Severe injury shall mean any physical injury to a human being or animal that results in broken bones, multiple/repeated bite punctures, disfiguring lacerations or injuries requiring sutures or reconstructive surgery.

Shelter shall mean a secure weather resistant structure which protects an animal from exposure to the elements including but not limited to, rain, cold, wind and heat, that provides for adequate ventilation, and in size is a minimum of six (6) inches higher than the animal's height at full stand with head erect, one and one-half (1½) times the animal's full body length, and sufficient in width to permit the animal to turn around.

Stray shall mean an animal without any known owner or keeper to provide food, water, or shelter for a period of at least thirty (30) calendar days.

Tag shall mean a rabies vaccination tag issued pursuant to this article.

Truck tether system shall mean a system designed to keep a dog securely attached and restrained in the back of a truck, safe and free of hazard and away from the sides of the truck.

Unprovoked shall mean a victim who has conducted himself/herself peacefully and lawfully, and has been bitten, chased in a menacing fashion, or attacked by a dog.

Vaccinated shall mean an animal that has been administered a current one-year or three-year rabies vaccine.

Wholesome exercise shall mean uninhibited movement for a period of time sufficient for the physical well being of an animal, considering the size, age, and breed of that animal.

Wildlife shall mean any nonhuman primate, raccoon, skunk, opossum, fox, reptile, large feline, or any other animal so classified by the Florida Fish and Wildlife Conservation Commission.

Working day shall mean any calendar day excluding Sundays and county holidays.

(Code 1965, § 3-6; Ord. No. 87-9, § 6, 3-9-87; Ord. No. 91-8, § 5, 4-2-91; Ord. No. 95-32, § 3, 9-26-95; Ord. No. 2002-04, § 3, 6-4-02; Ord. No. 2005-07 , § 3, 7-12-05)

Cross reference

Definitions and rules of construction generally, § 1-2.