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fl Is being lawfully used to actively hunt a species of wildlife in this State, during <br />the hunting season, for that species of wildlife; <br />0] Is tethered temporarily while being kept in a bona fide humane shelter approved <br />by the Department or at a commercial boarding facility <br />(F) The following are cruelty to animal violations under this chapter that do not <br />require mandatory court appearances, except as otherwise set forth herein, for any <br />person to tether an animal: <br />in for more than one hour between the hours of 9 am and 5 pm when the outdoor <br />temperature exceeds 90 degrees Fahrenheit. <br />21 if the animal is less than 6 months of age, however, an animal under the age of <br />six months old may only be tethered, if attended to by the owner, harborer,or keeper, <br />during the entire time the animal is tethered; <br />if the animal is sick or iniured. <br />if the owner has been issued a "letter of dangerous propensity" for that dog by <br />the Department, or if the dog has been declared dangerous in accordance with F.S. <br />Ch 767, or if the person responsible for the dog has knowledge of the dog's prior <br />aggressiveness, unless the tethered dog is in a fenced enclosure that will prevent the <br />public or domestic animals from coming in contact with the tethered dog. <br />(Ord. No. 2006-001, § 1, 1-17-06) <br />SECTION 2. CODIFICATION. <br />It is the intention of the Board of County Commissioners that the provisions of <br />this ordinance shall become and be made a part of the Code of Indian River County <br />and the word "ordinance" may be changed to "section," "article," or other appropriate <br />word or phrase and the sections of this ordinance may be renumbered or relettered to <br />accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be <br />codified. <br />SECTION 3. SEVERABILITY. <br />If any section, or any sentence, paragraph, phrase, or word of this ordinance is <br />for any reason held to be unconstitutional, inoperative, or void, such holding shall not <br />affect the remaining portions of this ordinance, and it shall be construed to have been <br />the legislative intent to pass the ordinance without such unconstitutional, invalid or <br />inoperative part. <br />SECTION 4. EFFECTIVE DATE. <br />135 <br />