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Home My WebLink About1997-131/ 29/ 97(ord \ oanimalcontrol)Ow AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 302 - ANIMAL CONTROL AND KENNEL REGULATIONS TO REFLECT APPLICABLE STATE LAWS. WHEREAS, this ordinance has for its purpose the amendment of the regulations governing Animal Control to reflect provisions of state law governing dangerous dogs, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORDIA that: SECTION 1. EDITORIAL AMENDMENT. Section 302.07 Impoundment and disposition in paragraph (5) the reference to Florida Statute has a number transposition "section 832.15" is hereby amended to read "section 823.15." SECTION 2, ADDITIONAL DEFINITION. Animal Control Officer: means an individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance 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 in part include assignments that involve the seizure and impoundment of any animal. SECTION 3, AMENDMENT. Subparagraph (h) of Section 302.09(5) which reads as follows: (h) The owner or keeper shall sign a statement attesting that: 1. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period of which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expiration of such license. A new definition is added in alphabetical order to read as follows: Animal Control Officer: means an individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance 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 in part include assignments that involve the seizure and impoundment of any animal. SECTION 3, AMENDMENT. Subparagraph (h) of Section 302.09(5) which reads as follows: (h) The owner or keeper shall sign a statement attesting that: 1. The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period of which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expiration of such license. 2. The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have an approved proper enclosure for the vicious dog on the property where the vicious dog will be kept or maintained. 3. The owner or keeper shall notify the county animal control division of any cancellation, modification, expiration or termination of the liability insurance policy required by this section. 4. The owner or keeper shall notify the county animal control division immediately if a vicious dog is on the loose, is unconfined, or has attacked another animal or has threatened or attacked a human being, or has died or has been sold or given away. If the vicious dog has been sold or given away, the owner or keeper shall also provide to the division the name, address and telephone number of the owner of the vicious dog. If the vicious dog has died the animal control authority shall be notified and the remains shall not be destroyed until identified by the animal control authority. IS HEREBY AMENDED to read as follows with consequential subparagraph relettering whereby present (i) becomes (k) : (h) The owner or keeper shall obtain and maintain the liability insurance required by this section during the twelve-month period of which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expiration of such license. The owner or keeper shall notify the county animal control division of any cancellation, modification, expiration or termination of the liability insurance policy required by this section. (i) The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have an approved proper enclosure approved in writing, by an animal control officer for the vicious dog on the property where the vicious dog will be kept or maintained. In addition, the annual registration fee required by subparagraph (k) shall be paid on a pro rata basis for the remainder of the license period, if any. 0) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous: a. Is loose or unconfined. b. Has bitten a human being or attacked another animal. c. Is sold, given away, dies, runs away or stolen. d. 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 the animal control authority. The new owner must comply with all of the requirements of this ordinance, even if the animal is moved from one local jurisdiction to another within the state. The appropriate animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his jurisdiction. SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinan ce without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. Secretary ce shall take effect upon filing with the Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 1 of State. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the state of Florida within ten days after enactment, and this ordinan dayof April ,1997. This ordinance was advertised in the Vero Beach Press -Journal on the 2 0 day of March 1997, for a public hearing to be held on the _1 day of A p r i 1 1997, at which time it was moved for adoption by Commissioner Adams ,seconded by Commissioner M a c h t ,an d adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman John W. Tippin Aye Commissioner Caroline Ginn Aye Commissioner Kenneth R. Macht Aye The Chair`man;thereupon declared the ordinance duly passed and adopted this 1 r°` day of Y. " A p r i 1 1997. Ali T}A,„St . '��,•�`� 11 bra r. '%.1 1,BOARD OF COUNTY COMMISSION AAL ttest: "« INDIAN RIVER COUNTY, FLORIDA [� / Caro K.Eggert, rman Effective date:. , .Tmis ordinance became / effective upon filing with the Department of State which took place on 1� day of 1997. f'i;�„� i The Chair`man;thereupon declared the ordinance duly passed and adopted this 1 r°` day of Y. " A p r i 1 1997. Ali T}A,„St . '��,•�`� 11 bra r. '%.1 1,BOARD OF COUNTY COMMISSION AAL ttest: "« INDIAN RIVER COUNTY, FLORIDA [� / Caro K.Eggert, rman Effective date:. , .Tmis ordinance became / effective upon filing with the Department of State which took place on 1� day of 1997. f'i;�„� i