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Home My WebLink About2006-001ORDINANCE NO. 2006-001 PART I* AMENDED PART I OF CHAPTER 302 OF •• OF • SECTIONCOUNTY, FLORIDA* ANIMAL CONTROL AND KENNEL REGUL-ATIONS •FINDINGS. It. is Hereby ascertained, determined, and declared that: Zi. Ftl?"sua3tt to AY`tiCi e VITZ, aeC;t1.C}% !. of the F10.r�.1Cla Constituti.orl, and Florida Statutes section 1.25.01, the Board of County Commissioner.:s of Indian River CSunty ("Board") has all powers of local se?..f-government to perform County functions and to prow .de and maintain staad��.r`ds to assist in e:rlsur.in t:r�c health ti-',c'.i_et ' and. t�'elfare ol th( /'4 : L izens of Indian River' County; j. . B Florida Statutes section 828.27_ specifically provides for creation of a County Ordinance related to animal control and cruelty; C. Florida Statutes section 767.1.E specifically authorizes the xo4. d toplace ilzrtti<er re 7+ zctions o� aadit -: ona� reauireme is on the . . . . . . . . . . . a.......................-...................................................................................................................... ........................-.--...-............................................................................................................................_........................_.............-:n......-.-................................._......_..................................................m........... owner} of danc;erous dons, as set forth therein; E. The requirements and standards created by this Ordinance are necessary and appropriate to protect the health, safety, and welfare of the citizens of Indian River County. Section 302.01. SHORT TITLE. This chapter may be referred to and cited as the "Indian River County Animal Control Ordinance." (Ord. No. 91-51, § 11 12-17-91) (A). As used in this chapter, the following terms shall mean: 1. Abandon: 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. [F.S. § 828.13] 2.Animal: Generally, any living dumb creature. [F.S.§ 828.27(1)(a)] ............. .......................... .... ..._.- _ - �_..._ 1 a< }e..i..n ... he...._... � � �e :.... fi € . s ,eeeh; apab1e € e1€-LA-Li-en;-b�4-=4€-----whe e-e---r-efqua-res e czar yf---a7 -e=*--.e-a , er 3. Animal control authority: Refers to one (1) or more or all of those ...................... offices, departments, agencies, groups or individuals, designated by the Board to provide a function or service relating to animal control or regulation under the terms of this chapter. 4. Animal control division: The animal control division of Indian River County, Florida. Animal control officer: An individual employed, contracted with, or appointed by the Board or the animal control authority to: €-er the p:rpese—e€ investigate, on public or private property, civil infractions relating to animal control or cruelty; issue citations as provided in this chapter; seize and impound animals; and aid in the enforcement of this chapter aet or any other law or ordinance relating to the licensure, of animals, control, e:€-afAfRals or seizure and impoundment of animals; provided, however, that no employee of the humane society shall be deemed to be an animal control officer; and further provided that where the animal control officer is employed or appointed by the Board, the animal control officer shall meet all of the rectuirements of the Section 302.02. DEFINITIONS AND GENERAL PROVISIONS. (A). As used in this chapter, the following terms shall mean: 1. Abandon: 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. [F.S. § 828.13] 2.Animal: Generally, any living dumb creature. [F.S.§ 828.27(1)(a)] ............. .......................... .... ..._.- _ - �_..._ 1 a< }e..i..n ... he...._... � � �e :.... fi € . s ,eeeh; apab1e € e1€-LA-Li-en;-b�4-=4€-----whe e-e---r-efqua-res e czar yf---a7 -e=*--.e-a , er 3. Animal control authority: Refers to one (1) or more or all of those ...................... offices, departments, agencies, groups or individuals, designated by the Board to provide a function or service relating to animal control or regulation under the terms of this chapter. 4. Animal control division: The animal control division of Indian River County, Florida. Animal control officer: An individual employed, contracted with, or appointed by the Board or the animal control authority to: €-er the p:rpese—e€ investigate, on public or private property, civil infractions relating to animal control or cruelty; issue citations as provided in this chapter; seize and impound animals; and aid in the enforcement of this chapter aet or any other law or ordinance relating to the licensure, of animals, control, e:€-afAfRals or seizure and impoundment of animals; provided, however, that no employee of the humane society shall be deemed to be an animal control officer; and further provided that where the animal control officer is employed or appointed by the Board, the animal control officer shall meet all of the rectuirements of the provisions of Florida Statutes section 828.29, in effect at the time the animal control officer was hired. The term "animal control officer" ani 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. [F.S. 767.11 (6) and § —...._._........................ ....._._._............._................................................._................................................_....4.4..._....44_............ 828.27 (b)] 6. Attack: An event whereby an unprovoked animal lunges at, runs after, or otherwise chases or approaches a person or another animal and such event either occurs in a threatening or menacing manner or causes some type of injury. 7.Bite: An action whereby an animal physically breaks the skin of another dFlooddlIed animal or human with its teeth or jaws. rF sa - Collar: e• Y r h' � restr�ct.� ..� e r inin �.laz: AT7 slip. or ��.cl�n. collar t a�, S. L.added FF _crc�,_/t a g �c� v g ................_.............:::....................................................Flood ..................:...................................................................................................................................................................................... animaddl.' s airway. 9. Cruelty: Any act of neglect, torture, or torment that causes the unnecessary or unjustifiable pain or suffering of an animal. [F.S.§ R2R.nJi '.t�»DangerOUS dog },f:: rebe v_ Ari 4444 Irl.. C: f._. ,.iee d3.-; (t,{ ..... J+; § :? �7. r..<, ... 4---, .to %:('.i MI do e f..4,.� - t£:.l.a.i'.}«4444 ��a ....� Y .F-(, 6�vWC+ �r rY� PMe ""':"x'..; y ....i:i <P'E 4.. ..Q�„.. ....._... .:, . �" .. _.h y...,.{. '<3tx s"5.-'4444., ._ ..:g .. . ., '.'.i'}. 1. e`,l _. :J ........_. _-. , t:..:��..., .:a�;ed.;�..;:.� :.>..e "A t::r.:= led Me Fred :;;-;.F �..:-x F 1;F� anima contro aut ority v. __..._._...__.........__........_....__.__.__.___-:,........ _.. ...._ ........ Me I......_...._¢......_..._....._._.._......_..._._.........__._.._..._..._.. y 1 11 Me A 1.FF Ford MA �r ti ,1 ''"Illt., �.i ;C?I:, )t. i, E'r > r; qct-5<�c L�(:::a 7.`('.£ �: j ".� £. i dd ...VA _.. ... t. f (." i z 1did:; s i It Til 1 b t E ` � _�} � pdi �JF�%.e p.l": p X v� __. _ 1.�� _ .___. 1 41 1144444... E Rt <,1 C:E �(�ve y 3"Tl . t �:'r { r :� V. i de i:1 tit FF Me, 1 4444.. ... .. .. 4444. 4444 4 44.4.. .. 444 ..... Me .... ...". 44 4 4. ....... .. _4444. ..... 4..444. ........ ............... do oo IFF, Food Vor F, o did A. Fh do,or, did did Ad III, ✓ (, re e r t Me ? '. s ho r P17. 1 " "i 3,) 11T1 t J f l"z ': 1 i.Ad ., P L1 . �3 C7 xkrC 1gi1 11.. {: 4444 ... ................. ..... ... ....._.... .... ... .... ..... M, JIM F' ifichtingI o died ,odd red doodi dod 11 x J r.% :l}roiciC i17?;_ lECFcaS whewt',t d ' ,chased )S` ac xaAed f to Ad .......................................................................................... 11 Me ddeo, Me ed i _:,.. ,.: ..: I,. F. _.�_, t. 4444. ., `For, c;i. %_.,. _...,..:5., �,.:.3:"'« ,.i i'n:....,x A.. ��.._�?-. �i1,.. r'.:h....... �.;"1. i:)": arty av, iIII .tea...-.,'.!_[ ......,^E ......... 4444 ... .......... ................ .................. .............. 4444."4444.. .................... ............ _..._..._... ....... ..........4.4.44. ......... . __4444_...... .. `........ Ad. IMF %._,. :; i 3ta_, iTC;I >"`Y' O;"iE riled it1C:;:"E "Cid:: sons, �tl d a �,1Lu 1 _ -V-, 1 � .t ,^_y' ....... ......... .. ' ........ ......... ....._4444. ......a..... _....... ......... ..... __ _4.444 . ................. the animal control division. [F.S. 767.11(1)] Designated and approved pet supply store: Any pet supply store in ....._..--odom-m._.. Indian River County that complies with all of the following: a) Is primarily engaged in the business of selling pet supplies; and b) Facilitates vaccinations by licensed veterinarians; in�anod River Geunz y F e_id- aid c) Maintains a list of licensed vaccinations; and d) Provides the list of licensed animal control division along ed doolood control division to issue an=r« veterinarians who administer such aid veterinarians to the Indian—Rig with a written request to the animal licenses for dogs and cats. 12. Designated impoundment facility: Any facility designated or recognized by the Board for the purpose of impounding and caring for animals. 1�. Domestic animal: Shall include any equine or bovine animal, goat, ........................... sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird. [F'.S. § 585,011 14. Exposure: An act whereby an animal has bitten, scratched, or placed ............................. its saliva in contact with the mucous membrane of an open lesion, cut, or wound of another animal or human. this ehapc-e3 and the Faere stringent definit-ien shall app! r; hewever, I I 5. Harbor: The performance by any Person of one or more of the following in such a manner as to control an. animal's activities: acts of care; protection; restraint; refuge; or -food or nourishment for five or more consecutive days. 16. Humane Society: Shall—me The Humane Society of Vero Beach and Indian River County, Inc., or any association, organization or corporation, whether, for profit or not, which pursues substantially similar goals and objectives. 17. Tmpo.und: The receipt or capture of an animal by the animal control authority .__.._for .-_�he_._._p1zrpose ofconfinementin a designated impoundment acility. 18. Law enforcement officer: Any person who is elected, appointed, or ............................. employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection ,of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of full- time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency. [F.S. § 943.10] 19. Leash: A cord, rope, or chain which holds an animal under restraint and is not more than six (6) feet in length. geats, sW-3'ne and ether grazing anima -is. 20. Livestock: Shall include all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazinq animals. [F.S. § 588.13] 21. Livestock running at large or straying: Any livestock found or being on any public land, or land belonging to a person other than the owner of the livestock, without the landowner's permission, and posing a threat to public safety. [F.S. § 588.13] 22. Nonresident or temporary resident: Any owner of an animal regulated II by this chapter who does not reside within Indian River County for longer than four (4) months out of any given year. 23. Officer: Any law enforcement officer, as defined in F.S. Serr!::ica: _...................................................... 943.10, or any animal control officer. [F.S. § 828.27(e)] 24. Owner: A person, firm, c�oration, 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, that.. rson's parent or guardian. [F.S_ 767.11(7)] eharr 25. Person: Any individual person, firm, partnership, corporation, organization, other legal entity, or any combination thereof, however organized, and every agent or employee thereof; any county and an.y local, state or federal governmental agency. 26. Pet dealer: Any person that, in the ordinary course of business, engages in the sale of more than two litters, or 20 dogs or cats, per year, whichever is greater, to the public. This definition includes breeders of animals who sell such animals directly to a consumer. [F.S. v 828.29 (13)] 27. Proper enclosure of a dangerous dog: Means, 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 and a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements. [ mmSr§ 767.11 (7) ] 28. Protection from the Elements: Provision of an accessible three dimensional structure or area that: has a roof, and a minimum of three (3) walls; is dry, weatherproof, and made of durable material; is sufficient in size to allow the sheltered animal(s) to stand up, turn around, and lie down comfortably; is designed to, and located on the property in an area that will, protect the sheltered animal(s) from the adverse effects of the heat and all other elements; is free from accumulated animal waste and debris; protects the sheltered animal(s) from injury; and has adequate ventilation. For the purposes of this definition only, a wall shall be deemed to include a screen. 29. Public nuisance animal: Is any animal that: which: a. Attacks passersby or passing vehicles without provocation; b. Attacks other animals; c. Is repeatedly at large -or not under restraint; 7 :, d. Damages private or public property; e. Barks, whines, or howls in an excessive, continuous fashion so as to disturb adjacent residents; or f. Causes an annoyance in the neighborhood by acts such as overturning garbage cans, defecating, digging holes on other than its owner's property, chasing livestock or such other acts as are generally regarded to create an annoyance. 31. Restraint: An A dog or cat shall be considered under restraint only if it is: 1, within the real property boundaries of its owner, or the real property boundaries of any other person with the express permission of that person, or 2o when outside of said the foregoing real property boundaries, under the actual control, custody, or possession of the owner or other responsible person, by leash. 32, Service animal: Any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. [Americans with Disabilities Act of 1990, Public Law 101-3361 33, Severe in]ury: Any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. [F,S• § 757.11 (3)] 34. Sterilization: The process of rendering permanently incapable of ................................ reproduction. 36. Unprovoked: Means that the victim who has been conducting himself or herself peacefully and lawfully has. been bitten or chased in a menacing fashion or attacked by a doq. [F.S. § 757.11 (2)] 37. Vaccination/Vaccinated: The protection provided against rabies by inoculation with anti -rabies vaccine, as administered by a licensed veterinarian. f )<:.... r�� 4_.E'�z, g� E s3: f.:X Fa }� .i, r .) �,: ?iic?CS .....r:iw"x7y— � e"r-Si,i�.z zit ? �i .:E ?"1 .; ..�......................x.cx........f...............,...�.....#..... ...n.. ;..........,..,..:�...<..x.........1..._...�.�..........._.,.........�,. .. ....c„......r. c..y :..G-• .....x:ya.:.. _�<:�{.:r. n..ti_c:;........ . .�...,..t:�E.,xr ,.,£,,5_ .,..,, ,..,;.r,.i.�..`5:,s....r....t.,. ?l F> ..:......all ..................... ..::�.: .Y.........{„. ::. l,::........: :l ..._{ ......................, d+:,r,...._... .:6.:a.T.. 6.—:..: :._�._” '____—_ ..6.=5::!.�.;�..%:x:i.x..___s::.. --.,: .1 .:1.!"._'}... .._f.,:'Y.:,,,,..., i::.{:.1._....„... ;:.,.; ,:x.�!: c < tit.?: .._ t., r,...,.t.r+•, 1 7.yly At } , }..... i r E, x...... .).. ,£, .,. r.:..,....r.,.} t, s..., .. f.�%_..x r '•a X 4” d.....C.:_.............. z :. r. . _ .._6:. .;.....__�" y,��>. J1:;:. ,} A 2::.;>.Y`: .—... ...,_,.. .... ,1',..,'YL" y........c ,.Y .:. YlA ;.Y�`3:aia'a ...}".x1:•.._........, .._. �J C;.'!"S .:`�L'e` 'S .]:._...E_. ,.}. ' f:. .:."v lT: X. T] '..� Y7" A. tEA.: _d..,.},. , — ,? :.Yt ,..,r t::. i':f�...... .::zrz: ri. :rN. Jr, F" ;, s, AVIS-x�.�:x:$ r.: J E�f_3t3---'dm�':...�... R...t...i-:;u.,, t:.i}-�._f-.x:-f z::...":�'$}.-i::-�1:_�--`-f�-„�..''ii$:%:3:':;:.._...-"r_...._� �_.._ �__":?:�i�..�.::n/.�_s�-.._�..t.:_z.:..:a:AAA4'..:. 1 ._ .,, ,.. x.0+. .. �.....]....._. r..J.-'..=::....^.tC•.a......Y. }::...:...... .i:y........y':a....:._4]>.: :: a fix, .EiY,.x3. Ic.' A.. A. ;�.. `CA, tx.. ... c_ a . �.I s..<.i../ ' t, _ AAA .:r? 1:.,, .'3 .. .., � F3 i ei.xt .`m: AAA x. .............. Mei"vx.. f%E :>.....<>.:Edf'f.. « ..... SSE)E S."iii: ix ii ....a...w......; r; ..,. t L:_ `sc ?^".-3 f t.: .. _ ,...r.. ti v 4 w ........_: v kr c e Ino*e -- re laced by statutory term "danaerous do ................a................AA.........................:F�.................................................-.......................................... .......................:�...............................-.................................................................................... _...............�.............. 37. Veterinarian: mfyaA health care practitioner who is licensed to engage in the practice of veterinary medicine in Florida under the authority of chapter 474, Florida Statutes. As used i -n this chapter, veterinarian and licensed veterinarian have the same meaning. [F.S. S 474. 202 (11)] ...................................-- ... ---... _........................................A 38. Zoonotic: Relating to or constituting a disease of animals that can be transmitted to human beings. (B). For the purposes of ......—......-- this Section 302.02 shall When not inconsistent with include the future tense singular; words in the sin( "hereby", "herein", and Ordinance and this chapter. merelv discretionary. this Ordinance, the definitions contained in apply unless otherwise specifically stated, the context, words used in the present tense words in the plural number include the pular number include the plural; and the terms "hereof" and similar terms refer to this The word "shall" is always mandatory and not (C). This Ordinance and chapter shall be liberally construed in order effectively to carry out the intent and purpose of the Ordinance. Where any provision of this Ordinance refers to or incorporates another provision, statute, rule, regulation, or other authority, this Ordinance refers to the most current version, including and incorporating any amendments thereto or renumbering thereof. T A �7" :�, sert�c��1�t_ . .�r�� t re7 arAAAe .C> e,) ..��Le.c..:t..t. G:.�ZOOS version, except as otherwise specially stated. (A) ._After the effective date of this chapter, it shall be unlawful and subject to all penalties provided b<:"" a-VAII lae�_ei n_for any person to own, keep, harbor, maintain or have custody of any dog,—,e: cat, . ¢err�t AAA--..._._.__...._ which has attained an age of four (4) months, unless such dog, —er cat, or ferret has been currently vaccinated, Teed, and ala"=ed e= Section'302.03. ANNUAL VACCINATION AND LIGENSING REQUIREMENT. (A) ._After the effective date of this chapter, it shall be unlawful and subject to all penalties provided b<:"" a-VAII lae�_ei n_for any person to own, keep, harbor, maintain or have custody of any dog,—,e: cat, . ¢err�t AAA--..._._.__...._ which has attained an age of four (4) months, unless such dog, —er cat, or ferret has been currently vaccinated, Teed, and ala"=ed e= x} _£ ._. i...., �.,x. _4,4x. J_.':"rr{y . 4i_y l :k: :;-...._..1 k: :}.:i:.- _� e-=i:s}k.� �w��:% -� ?:d ------------_-.__-.._._._........................ .__.._..._.._.._.___..._......_._._._.._.._..__ l:ki).....e�..L..... ............................ ........... :3E E x. f ...........f3s; i:].._........:c?i....._._:€y:.. .:y .............1::z........?r zE)..........�.......{''.�'`.T..r.........".`�..e�''.+... .....................::r............_.............._....__.._........_........................ ........... ........._...._.__................... ................... ..............._...... ......_...........__......__._.........._......_.......................... ............................................................ ................. .............. ....................................... ..... ... ............ .......... "s.;....:Y::.d�1 ... .: .................:�?`3. .. :...:... ::..' .::... .. ........ ................. .' `.. .j.:" ........ ...).: _`..z'•:3:::...'. ..............'..::_.......',.:...^.r�........ deg. .. ..'1: _e::..........}..;. :t_::(... ._!.'.3.._..... �...rs...._..attained. t a ll .i,k n er hx,t1. e C._,�r t., t. i ! of c�3x l - ,i f::..........�.Y:� a.. .. .._4�.... ...... "........K�..:: ... ?.: r?..x.. ITiC3.Yl t f .;, t.ti: ........ ..,. h dC.iE:tk2 (I..... :.:_....... '.z� ..........&&++ ........ 3 £'. .n H. F+yF.1..........r. Ca c,i %,1I eitI% III. ^� S1 .... ckt, ;CiCx._714, ,.�...._€:. f'......... f`ov I .I,.. is Lk %: M. :, I/ III i<>�A. Cf 'L`'... x x[moved] .... ......_... .........._. (B) A dog, cat, or ferret is exempt from vaccination if a licensed .................... veterinarian has examined the animal and has certified in writing that, at the time, vaccination would endanger the animal's health because of its age, infirmity, disability, illness, or other medical considerations. An exempt dog, cat, or ferret must be vaccinated as soon as its health permits. [F.S. § 828.30] (C). A pet dealer shall have its dogs and cats vaccinated in accordance with the provisions of Florida Statutes section 828.29, as may be amended from time to time. (D). Pursuant to the requirement set forth in section 2 of Chapter 2005- 74, Laws of Florida, and Florida Statutes section 828.30 (3), [effective January 1, 20061, the Board hereby adopts the National Association of State Public Health Veterinarians' (NASPHV) Form 51, Rabies Vaccination Certificate as the standard Rabies Vaccination Certificate for use throughout the jurisdiction of Indian River County. Notwithstanding the forgoing, any veterinarian may continue to use a format that is different from the NASPHV Form 51; provided that all of the information required in the NASPPIV Form 51 is contained in such equivalent format. (F) . Veterinarians shall provide the Indian —Rig animal control MaVVVVVV division ther;t es with a copy of the NASPHV Form 51 Rabies Vaccination Certificate, or allowed equivalent pursidant signed or stamped by the administering veterinarian as specified in Florida Statutes section 828.30 (3), as may be amended from time to time, and adopted in this chapter. Section 302.04. PROCEDURE FOR APPLICATION, ISSUANCE, AND RENEWAL OF LICENSE. (A) . After the effective date of this chapter, it shall be unlawful and sublect to all penalties - -provided herein for any person to own, keep, ...............-....._.... -----._.._._.. _._ tcl:,:'Y.)C)r', ;;.c)�Slt::a:i.l"1 orhave. Custody of any dog or cat that: has attained an ................................._.._... - --.... _... .._.................... _..... .........---.._.._.-...._........._.._.................._._.. - --- ----._..— _ - ae o 3 f six (6)�z-r={-4- ? months; unless such dog or cat is licensedand .........................................J_.....—_ harnessed in accordance with the provisions of this chapter. [F.S.§ 828.30] x} _£ ._. i...., �.,x. _4,4x. J_.':"rr{y . 4i_y l :k: :;-...._..1 k: :}.:i:.- _� e-=i:s}k.� �w��:% -� ?:d ------------_-.__-.._._._........................ .__.._..._.._.._.___..._......_._._._.._.._..__ l:ki).....e�..L..... ............................ ........... :3E E x. f ...........f3s; i:].._........:c?i....._._:€y:.. .:y .............1::z........?r zE)..........�.......{''.�'`.T..r.........".`�..e�''.+... .....................::r............_.............._....__.._........_........................ ........... ........._...._.__................... ................... ..............._...... ......_...........__......__._.........._......_.......................... ............................................................ ................. .............. ....................................... ..... ... ............ .......... "s.;....:Y::.d�1 ... .: .................:�?`3. .. :...:... ::..' .::... .. ........ ................. .' `.. .j.:" ........ ...).: _`..z'•:3:::...'. ..............'..::_.......',.:...^.r�........ deg. .. ..'1: _e::..........}..;. :t_::(... ._!.'.3.._..... �...rs...._..attained. t a ll .i,k n er hx,t1. e C._,�r t., t. i ! of c�3x l - ,i f::..........�.Y:� a.. .. .._4�.... ...... "........K�..:: ... ?.: r?..x.. ITiC3.Yl t f .;, t.ti: ........ ..,. h dC.iE:tk2 (I..... :.:_....... '.z� ..........&&++ ........ 3 £'. .n H. F+yF.1..........r. Ca c,i %,1I eitI% III. ^� S1 .... ckt, ;CiCx._714, ,.�...._€:. f'......... f`ov I .I,.. is Lk %: M. :, I/ III i<>�A. Cf 'L`'... x x[moved] .... ......_... .........._. (B) A dog, cat, or ferret is exempt from vaccination if a licensed .................... veterinarian has examined the animal and has certified in writing that, at the time, vaccination would endanger the animal's health because of its age, infirmity, disability, illness, or other medical considerations. An exempt dog, cat, or ferret must be vaccinated as soon as its health permits. [F.S. § 828.30] (C). A pet dealer shall have its dogs and cats vaccinated in accordance with the provisions of Florida Statutes section 828.29, as may be amended from time to time. (D). Pursuant to the requirement set forth in section 2 of Chapter 2005- 74, Laws of Florida, and Florida Statutes section 828.30 (3), [effective January 1, 20061, the Board hereby adopts the National Association of State Public Health Veterinarians' (NASPHV) Form 51, Rabies Vaccination Certificate as the standard Rabies Vaccination Certificate for use throughout the jurisdiction of Indian River County. Notwithstanding the forgoing, any veterinarian may continue to use a format that is different from the NASPHV Form 51; provided that all of the information required in the NASPPIV Form 51 is contained in such equivalent format. (F) . Veterinarians shall provide the Indian —Rig animal control MaVVVVVV division ther;t es with a copy of the NASPHV Form 51 Rabies Vaccination Certificate, or allowed equivalent pursidant signed or stamped by the administering veterinarian as specified in Florida Statutes section 828.30 (3), as may be amended from time to time, and adopted in this chapter. Section 302.04. PROCEDURE FOR APPLICATION, ISSUANCE, AND RENEWAL OF LICENSE. (A) . After the effective date of this chapter, it shall be unlawful and sublect to all penalties - -provided herein for any person to own, keep, ...............-....._.... -----._.._._.. _._ tcl:,:'Y.)C)r', ;;.c)�Slt::a:i.l"1 orhave. Custody of any dog or cat that: has attained an ................................._.._... - --.... _... .._.................... _..... .........---.._.._.-...._........._.._.................._._.. - --- ----._..— _ - ae o 3 f six (6)�z-r={-4- ? months; unless such dog or cat is licensedand .........................................J_.....—_ ;NZ - eel -fared er har-ne-sem (movedl inaccordance with the provisions or' this chapter. !E3} On the annual due date of vaccination, or annually on the ............... anniversary date of vaccination if the vaccination is less frequent- than _ .................._................................ .............._..._................._..._...... annually, every person that owns, keeps, harbors, maintains, or has custody of any dog or cat subject to the requirement of section 302.03 hereof, and all pet dealers owning, harboring, or otherwise keeping dogs ......................... or cats for breeding purposes, shall make written.�s�r� uv ,..he d-ivisi-en e-€ obtain a license from the animal control division or its designat-ed agents. stat i.., and date e-f—Dirth er cage. i -.dd t , shall, fer rabies, administered } (C) , iNe--All licenses shall be issued by in the absen-eeef- presenting a current NASPHV Form 51, Rabies Vaccination Certificate, or allowed equivalent, signed or stamped by � the administering veterinarian, and paying the applicable fee. indie t ng the date ef the vaeeinatien, the ffian;afaeetiarer, and the let er serial numb of v-aee ine—sed. A NASPHV Form 51, Rabies Vaccination Certificate, or a .1.1owed equivalent shall not be valid for more than one (1) animal unless clearly indicated otherwise thereon by the certifying veterinarian. When a dog or cat attains the age of six (6) f-eur (4) months, the owner shall have thirty (30) days thereafter in which to make application for and obtain a license as required---::xbevte ierein ................................................. (D). Ani -Ali _licenses issued shall be valid for one year. The license -- ........................ _... _.. _. _ _.. _..................... _....... _. _ for a__._dog........_or cat......._ with......._a........_one ........._(._l._}........_..year......._ vaccination shall ........_expire......._one .........._(1_!.- ............................................ year from the date of vaccination. The license for a dog or cat with a ..........._-_...........................----........__..._.._._......- ----- -..._................................................................................................. ...........4444..._...... . three (3) year vaccination shall expire on the anniversary date of the vaccination. ealendar rear All licenses znd shall be renewed annually by presenting proof of vaccination th ab ..._ , n re as _�-et _-- .................. t.e herein, and paying the applicable fee. (E). The Board ef eeunt eefftmissieners shall by resolution adopt a schedule of fees. Said fees to that shall be collected from each ri - - - -- nt= person prior to t11` issuance or renewal of a license. Such schedule may provide a range of fees based upon reproductive status, timeliness of application, or whether the animal being licensed is a dog or cat. Licensing fees are hereby waived with respect to any service animal deg sei=viI99—the handieapped or any government-owned dog used for law enforcement purposes. (F). If an owner is seeking to have a dog or cat an anifftarlicensed as a neutered or spayed animal, the owner shall provide with the application sufficient proof of sterilization. This proof may be by means of (G) . Upon properliea-^�ti-e i—proof of vaccination and payment of fees, the animal control division or its designated agent shall issue a durable tag which bears the registration number;, and the year and eecint-y of issuance; and the phrase "Indian River County Animal License". The current license tag, vaeeinatzien tag, shall be affixed or attached to a durable and well fitting collar or harness and shall be worn at all times by the licensed dog or cat, whenever such animal is outside of the dwelling unit of its owner, whether lawful! restrained or not. (H) No license shall be transferable from one 4-1+ animal to another nor from one 4-1-L, owner to another owner. Upon transfer of a previously licensed animal to a new owner, said the new owner shall have a period of thirty (30) days within which to comply with the requirements of this chapter. (I } The 33......ter E3f the 9ivisien of a3 ifRal ccs the Di3F.eeter ef r Servie .., The County may enter into contractual arrangements with any licensed veterinarian or with the owner of any designated and approved pet supply store in this county to issue animal licenses under this chapter. All such contracts shall be -ii te prier - - al b r the —Bear-�—ef Ge:inty Gemffiissieners shall be 3n —a standard r -H:, and shall be equally available to all interested 3cialif ring veterinarians and designated and approved pet supply stores. In addition, the Humane Society may issue animal licenses pursuant to a contract with the County. (:T) The divesien of animal control division or any contracting agent therefor shall make a record for each license issued and shall provide all licensing information to a central data system which is readily and continuously available for animal control authority purposes. (K). Licensing provisions of this chapter shall not apply to: (1} Any owner who is a nonresident or temporary resident, as defined, provided that the owner's dog or cat has been vaccinated fer rabies in some other jurisdiction, which vaccination remains valid under the laws of that jurisdiction for the duration of the anticipated stay within this county. All other requirements including restraints obligations shall apply; or Section 302.05. ADDITIONAL ANIMAL OWNERSHIP RESPONSIBILITIES. (A). Responsibilities of dog and cat owners_. Notwithstanding compliance with sections 302.03 and 302.04 of this chapter, a-bvve it shall be unlawful and subject to all penalties provided in this chapter belew for the owner of any dog or cat to fail to comply or cause compliance with any or all of the following obligations: (1) Keep each such animal under restraint. as d^f;��'. (2). Keep each such animal collared or harnessed. (3). Exercise that degree of care and control necessary to prevent such dog or cat anal from becoming a public nuisance or a nuisance to any person, other domestic animal or livestock, or to any real or personal property other than that of its owner. This obligation shall include but not be limited to: (a). The prompt removal of feces of such animal from public walks, rights-of-way, park or recreation areas, beaches, or other public property, or from private property not belonging to the owner, unless the owner has been given express permission to make use of said private property; or (b). Affirmative action by an owner as may be necessary to prevent material disturbance, annoyance or interruption of the reasonable possession, use and enjoyment of another's property, such as that resulting from an animal's habitual howling, whining, barking, digging, or other such obnoxious behaviors; or (c). The abatement of unsanitary conditions characterized by emission of odors, breeding or habitation of insects, rodents or other vermin, or similar indications. (4)Keep any female dog or cat which is known or should reason~able:r be _ _........................................................... known by her owner to be in heat (estrus) confined at. a_l.]L t1ine.s inside a 1-ouse or ofC."i. r building or in the leashed company of its owner in a manner such that -a J.' the animal cannot come into contact with a male of the same species, except for planned breeding purposes. (5) Timely comply at all times with all of the restrictions on a dangerous dog and all obligations imposed on the owner of a dangerous dog under this chapter. in aeeer-danee via -h-" 302,09 and G2.!9, eenfined within a biiilding r Whenever net se ,.nfine er__t-E f it -f ems+—eeui 7--t -s--r ire (6) Timely comply at all times with all restrictions imposed on a potentially dangerous dog under this chapter. (B). Responsibilities of all animal owners. (1) It shall be unlawful and subject to all penalties provided in this chapter for the owner of any animal to fail to comply or cause compliance with any or all of the following obligations: (a). Ensure that the animal does not bite another domestic animal or human such that the bitten animal or human sustains a severe injury. (b). Ensure that the animal does not attack or bite another domestic animal or human where such bite does not result in a severe injury. (A). Pursuant to Florida Statutes section 828.12, as may be amended from time tc= time, cruelty to animals is a criminal offense. The animal control division shall investigate reported incidents involving cruelty to animals and support investigations by other law enforcement agencies when so requested and refer cases where probable cause exists to the state attorney's office for criminal prosecution. (B). The following an.-% cruelty to animal violations under this chapter, and, pursuant to Florida Statutes section 828.27(6), as may be amended from time to time, require mandatory court appearances, as set forth on the: citation issued for the violation (s) , for ,.i.ny )erso<l: (1) To impound or confine any animal in any place or place of protection from the elements without water at all times and sufficient food and water daily except under veterinary supervision; to keep any animal in any insufficient protection from the elements enelesure withe:Eit ;to fail to provide protection from the elements, shelter frefft the weather, clean quarters, Section 302.051. CRUELTY TO ANIMALS. (A). Pursuant to Florida Statutes section 828.12, as may be amended from time tc= time, cruelty to animals is a criminal offense. The animal control division shall investigate reported incidents involving cruelty to animals and support investigations by other law enforcement agencies when so requested and refer cases where probable cause exists to the state attorney's office for criminal prosecution. (B). The following an.-% cruelty to animal violations under this chapter, and, pursuant to Florida Statutes section 828.27(6), as may be amended from time to time, require mandatory court appearances, as set forth on the: citation issued for the violation (s) , for ,.i.ny )erso<l: (1) To impound or confine any animal in any place or place of protection from the elements without water at all times and sufficient food and water daily except under veterinary supervision; to keep any animal in any insufficient protection from the elements enelesure withe:Eit ;to fail to provide protection from the elements, shelter frefft the weather, clean quarters, t6 , v , and medical attention for sickly, diseased, or injured animals; or to abandon any animal., er to fail t -e ineeu-l-tthe—anifnal against rabies as refi red br this ehapter, However, this chapter shall not require the provision of protection from the elements shelter -frtie-----weat--h-er and clean quarters for livestock in open pasture. (2)n}1xw .Fo.r........%-.n,_......pe sol.; ........tTo leave or deposit any poison or any substance containing poison, in any common street, alley, lane, or road t4-±r-e+j--e of any kind, or in any yard or enclosure other than the .................................. yard or enclosure occupied or owned by such person. (C). The following are cruelty to animal violations under this chapter _ _ ........................... that do_ not require mandatory court appearances, except as otherwise set forth herein, for anv nerson: (1) --- be- n _ . -:r ._ _ u n To In, ure any domestic animal by any means! and fail to notify the owner of said such animal, or, if the owner cannot be notified, then notice shall be given either to an aFrif , eentrell officer or t ine de —t- the county 911 system. (2) . its,1 ll .bei-xlawfu-1 fe o tease or molest an animal. (:3) a .:.} :.1::..........; e.._......iI-...::r:.w�:.r':.'.._..._operator of a motor vehicle, to allow an animal to occupy any unenclosed section of that vehicle without restraining and securing the animal in a manner which does not present a danger to the animal or to others. (4)o s.s an operator of a motor vehicle, to place or confine an animal or allow the animal to be placed, confined, or remain in an unattended motor vehicle without sufficient ventilation or under conditions for such a period of time as may reasonably be expected to endanger the health or well being of such animal due to heat, lack of water, or such other circumstances as may reasonably be expected to be cruelty or otherwise cause.suffering, disability or death. Any officer who finds an animal in a motor vehicle in violation of thisection may enter the motor vehicle by using the amount of force which is reasonably necessary to remove the animal_ (5) To -.restrain an unattended animal by means of a choker/training collar . _........................ or tether that is ten (10) feet or less in length for more than ten (10) .._.._...._��................_......_..._........_............'......_......_.._..........-.._....__.._... J consecutive hours in any one. twentyT -four (14) hour period. (6) To restrain an unattended animal by means of a choker/training collar or tether that is ten (10) feet or less in length during any natural disaster, including, but not limited to, fires, hurricanes, and tornadoes. (D) i:3a sept... ns t.o trr t:he...rohibitions: An animal. may be exclusively — Y restrained by a tether provided suc li is >t.: ; >: ing system ::. t e (1) the tether .i s rvao :e :: aiei ten (10) feet in length, with swivels at: Y n 1-7 r�nria - Section 302.06. ANIMAL CONTROL AUTHORITY; GENERAL POWERS.; agents— �r enfereement of „rr„l_ te animals stat:at„ S . (A). There is hereby established an animal control authority to be comprised of various officers, departments, agencies or individuals uniquely or properly suited to serving a function or providing a service required or authorized by this chapter. The —beard —e eaeh eempenent. The county administrator or his designee shall designate an individual to be known as the animal control director, who shall be charged with the coordination and administration of all animal control authority activities. (B). Designation and duties of animal control authority component entities. The Indian River County animal control authority shall be comprised of the following designees: (1) Animal control division. The animal control division shall be the .. ................. _...................... _............ _..---._....................._._......_........_.._............_.._...._......._....__.._.._....._......._....._ ......— primary provider of patrol, capture, and delivery services under the chapter; initiation and prosecution of chapter violations; and coordination of the communication among, and functions provided by, the other components of the animal control authority. The animal control division shall be represented by the animal control division director. -(2), Director of em( director shall report The director of emer( modify all decisions appealed. gency services. The animal directly to the director of emergency services. jency services shall review and affirm, deny, or of the animal control division director that are control division (3), The Humane Society. The Humane Society shall serve as the primary provider of the designated impoundment and housing facility; administer all adoption services for animals impounded pursuant to this chapter; and, pursuant to Florida Statutes section 828.03, investigate violations of any of the provisions of this chapter or any other law of the state for the purpose of protecting animals or preventing any act of cruelty thereto, (4). The office of the Sheriff of Indian River County. The office of the Sheriff shall provide patrol, capture, and delivery capability in addition to, and support of, that provided by the animal control division; direet-er—er—his desig ; and assist with prosecution _re in appropriate cases, and te assist with ef eede enfereefftent beard netiees at the request of the animal control director, if necessary. (5). The environmental health section of the county health department_ This section is primarily responsible for all activities relating to rabies detection and control, biting incidents, and quarantine of animals . T- e eeunty fay partieipate—pursuant —te seetien 02,08(4) ef—the cedes [note: (B) (1) � (5) moved from former 302.18] (C) The animal control authority is hereby authorized to: (1) receive, capture, pick up, and impound any dog or cat not properly restrained, vaccinated, or licensed as required by this chapter, or any ferret not vaccinated as required by this chapter; (2) receive, capture, pick up, and impound any domestic animal or livestock: running at large, straying, or otherwise not under restraint; 3ieensed— as required bythis ehapter,or believed to be a stray; or believed to have rabies or other infectious or contagious disease; and (3) to take all steps necessary and lawful to initiate and prosecute violations of this chapter. !.'�'i.€ c3.ti'.€.IYI<:?.!_ {:){.).i2::2`u>.. cit.! :;".to?:':1.�:t/ l..s 1. .:.E' 7'' r)'l). ,z.€<?.Y:" ..ZE'C to ri aC e i IV ..........-_........._.. _ .- ._..._.._...._.._..---_._..._..._....__.....- _ ..........................-------... _........................................) -- 4i(''r'`J €. C.):><= r. .. - `! �, ,..., `. .�r7 7. ,?' v () {:�v - a - Y'C..`... ; r,€ 1 lrr_.-en d ce (:'.:..7..S.l.i: a. .l. c3.il t _ c;b ,._t,'e or, ...----.._.__. .------ ----- .......__------._._..-_.._.. _..-_._.. .._.............__....... __.....---._..__... - --V- -VV--_ .... ._ .� ............_..._..-----........_....----- : ..,. �:A.zd.t.. ..7..>.1 .1..:.. �1.7".. .dr or )t: l f1 .�E. �).l.E i_)i` {1�.t f "' 1I f _.._...__..._____._..._._._.__....�.__..__....___._..____.._....__------._....,.___ . ___ _. ..___ — -- il� riCY <)l?s d1 7eCIL , a�........':'..= _ .......sole expense .......C)f the owner..."........ ?<3?.."........_t, Y t. t...`..,Jll ......................................................................I.......I.... _....... by t he: E t e C 'I?< S 2 t' }1 f: I COI1'i 1I?'C1C {a E Xlst: E11ci= of 11C'i? Iii f red ^: .................. ............................................................................._...................................................................................................................................................................................................................................................................................................................................................... VV d"..sea: ed animal%` endangers pLibl:.c hea' th, safety, and `'hiel:` aref or �nlol la 5.)e .I....... ................. ......... .... .............................,. ......... .. a .. .' ")•s -i f j f... .' it?h€m.:zne, the rkT1i ..c 1 control a'iIi ?C)rl'E., is here' rriS1� Fay disrrek .laY . _._......................................_.............................................................................._......................................................._.......... ` . �......................._....'....'`..............._...._......'...........'................:.................___.:,... _..... aLiLciority to i��medic:,tely and h€;mar'P1V destroy or otherwise d:isoose of rani 1. ....✓........................................................................'...........................................................: sLic ? in `f<red or disea,.: ed animal . (E) Any animal suspected or believed to be infected wish rabies' or any ........................................ .............._..........................................._.............. .........._...... ............................._.......... .............._................ infet.tious disease shall be segregated or quarantined as provided in thio- .............................................. ...... ....................... ......... ................... ........................................ ....... ............. .........._...................... ......_.:..._....... _....,............................:-._.... .............................................................................................-a............................_.........................._....._................... ... C'lia tEr, and all add-�enal cost.F associated `.Tith such r eC'lal handling ............................................... ............................................ and E'reatment shall be an�addi-tiena-1 fee .)avable by the uw e.r prior to .................................. ...... ..................._.................................._..........................._....................................................................... .......... _............... ---.__ ......:................._......._......_......_.....__............................._..._................. .............. any allotrable redemption of the animal .awf�21 exercisew_... discretion ._.Y .................................... ....................................... .....................-:................................................................... .................................................... .................................................................... ......... I... ............................................ .............. .. IV the .Ia.m�.1. control authority to destroy gra,...Tnal, o.:.. the fw'3?..l..ur of an OtrJi E r t.0 rC.G.t. m ?r2. rar.:�r al., S Ii3;..€. "Iot reel eve f --he owner of t`, 3.I.. Ciat. o 2 t pav as..... .s_ C�r'.�.?:"g+'.''. ,.i for c. l.tc3.tiOriS, fines, aT:..` Ila, C�'1�',.rC�7 `.-_"3 ,``)".` Mees, r{_9ar_dleEs of the t;.ltimate dispositio2-..€ of such an _mal. (moved from 3n 3.07(3)7 (F). The animal control authority is hereby further designated to act as the agent of the Board ef eeuntr eemmissienei=s ef inelian River Geunty for purposes of investigating violations of Florida Statutes Chapter 828, as may be amended from time to time. The animal control authority shall have all applicable enforcement and administrative powers established therein, and any remedy provided in said Florida Statutes Chapter 828 shall be in addition to the remedies provided in this ordinance. Y471- ehapt=er, and a-�o ielatien thereef shall be deefned to be a vielatie=e= (G) Mandatory Microchip Implantation and Fee. The animal control authority is hereby further authorized to require mandatory electronic identification device (microchip) implantation, and to collect payment from the owner of an animal for the costs of implanting a microchip, as specified in this chapter. A microchip implantation, and accompanying fee, is mandatory_ for: (i) all dogs held for a potentially dangerous dog or dangerous dog investigation; and (ii) all dogs that are impounded for any reason for the third time. Prior to release of any of the foregoing animals, the animal shall have an electronic identification device (microchip) implanted by either a veterinarian or appropriate Humane Society personnel. (H). All officers are hereby authorized to issue citations notifying persons to appear in the county court when the officer has probable cause to believe that such person has committed a violation of the Indian River County animal control ordinance. The determination that a violation of .............. this chapter has occurred may be the result of the officer's own ......................._._._._._._.__ ......... ................................... investigation or as the result of a complaint by an aggrieved person. Section 302.07. IMPOUNDMENT, REDEMPTION, SURRENDER, AND DISPOSITION of NON -QUARANTINED ANIMALS. (A) Impoundment. (1} Any impounded animal reeeived er—tken inte e�dsted<y by Iche anifftal shall be properly delivered to a designated impoundment facility for handling and disposition in accordance with this chapter and any contractual agreement between the county and the operator of such designated impoundment facility. 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C} r E3E ...........3 iEtfi xf' dn.c'.:.�..roC y........£-y.-r.......c �' h4e rtr t ..b.£ x.......d.Espoi—".7 of f........a:r:z. y. 4-d .s.,f.£-z n........� 3.:a..i.f.: ".E 4� r..__..E�..�..Ex.�.......E�.�'.......E� .i c 3 � P.Es.......i t C :rc� } taj....,e ..0)i_.�iE 1's�.-r s?:iC, _ t._::3 �t. c"3i.t....t'.e.L.L.....jj ....... .....tta.........y.:�.....:€wEifc�.f-p.�....... �: .7.,; ............• .... _ ...............rc:.. .: ..... •- .ex:;:::.. ^............................... ...i....�i..�_ .:^ .,...'..............::.. ... ...........7,...., ............3._�.1.: :::. ::x.f::.. fa .. ..::...(::............r.^. -:......:is:;.. ...... ... s..i. z-Elc-1 _ s �..i s p,e e, ,.. E':E . Y. b ,,.%' '::.% ._ £"> j,}E? .i i. £� E� f"'i.......... E. _. ,L ;, b ,....,. S ....-E:.:..........a.. c :Y+ r _ . y b p Cry 4E_ _ - mA e eve �. . - ._ [moved] mss411 !219!L*29 - (:1_} Wxcept as otherwise set fortl:l he in, custody of an animal impounded herein may be regained by the owner at any time prior to other disposition of the animal by the animal control authority only upon payment of all accrued impoundment fees, actual veterinarian charges, any required microchip implant fee, vaccination fee, and any other applicable fees, fines, and penalties =ear that may have been assessed. If required, and prior to release of the animal, the animal shall have a microchip implanted by either a veterinarian or appropriate Humane Societv personnel. (2). Impoundment fees shall be assessed at the per diem rate established ...............:.... by resolution of the Board. of county __mmi-s sie rs. In addition to impoundment fees', a redemption penalty shall be assessed at an amount established by resolution of the Board, which amount may vary depending upon number of offenses involving a given owner. {3) The owner shall provide proof of ownership by way of license receipt, _... bill of sale, photograph, affidavit of neighbors, or other reliable documentary evidence, together with proof of current licensing in accordance with this chapter, prior to the redemption of any anima" _4&f .......................... (4) If an impounded animal requires vaccination in order to be licensed and redeemed, the owner shall prepay a vaccination fee, along with payment of the impoundment fees,.W.i.cab:'n licensing fees and other fines and penalties. A receipt for such prepayment shall be issued to the owner who shall then have five (5) business days in which to take the animal to a licensed veterinarian for vaccination. The owner shall return proof of vaccination in the manner required by t:.Ei-L t:..�i::: within the five-day period following redemption or shall be deemed to have further violated this chapter. The administering veterinarian shall be reimbursed upon presentation of the receipts to the county for the costs of the vaccination, such. Y..'e.1.iribi:3.T"s e Re.7.1 c Cgoi :'s " not exceed the amount of the prepayment. ma--e— C. ExceRtions to Redemption. as set forth herein. (2). The redemption of a quarantined animal is governed as specifically set forth elsewhere in this chapter. (D). Surrender. (1) An animal may be signed over to the animal control division at any t . dz..:'.ing irr�.zaou-n.drrrent of any nature whatsoever by its owner or his or her designee by executing an unconditional release and surrender statement, and. payment of all accrued fees, fines, ra, ar:.d. pe7fa.:t.t..es. (2). An animal that has been surrendered to the animal control division. immediately _becomes•the—property_ of the County, and the animal _control division may place the animal for adoption or otherwise make disposition in accordance with this chapter. (F). Exceptions to Disposition. (1). The provisions of section 302.07 (e) shall not apply to any quarantined animal. - F -- - - - aWZV- -a- (E). Disposition. [moved from 305.07 (F). Exceptions to Disposition. (1). The provisions of section 302.07 (e) shall not apply to any quarantined animal. - F -- - - - aWZV- -a- Section 302.071, ADOPTION (A). General. (1) Non -redeemed, abandoned, and surrendered animals located at the --........_._...__......_....._........_........._....._................._.-�_.....................-. --- - --......................................................_.............. --...._.. ----.................._............._.............-.........._....._. designated impoundment facility may be adopted in accordance with the guidelines established by the designated impoundment facility. Adoption fees shall be collected at the rate established by the designated impoundment facility. but in any event, (B) Requirements for Adoption. (1). No dog or cat shall be released for adoption by the designated impoundment facility without first being sterilized and eu.rrently vaeeinated-€errabies or without a written agreement from the adopting party guaranteeing that said animal shall be sterilized and ^-_--e tl vaeein ated-€ez rabies within thirty (30) days following adoption, unless the sexual maturity of the animal requires a longer period for sterilization. A -a The written agreement to sterilize and vaeeinate=fer rabies shall be obtained from the adopting person by the designated impoundment facility. a-g-ener fr-emihieh the anifRal is adopted.. The designated impoundment facility ter=era be ueeed-bYY shall collect a cash or check deposit in an amount with -�the agene the animal is adep ed of a sum to be determined by the designated impoundment facility The deposit shall be -. J,.,. e. t^ be refunded without interest upon presentation of proof that said animal has been sterilized. ; �A , moi,levied eens, ng sha-11 reser in- €erfeiturc of the --aepns t Failure by either party-- _t_°. comply with the provisions of Florida Statutes section 823.15, as amended from time to time, with respect to sterilization of such an animal shall be a violation of this section, and shall subject the person to the penalties prescribed by such statute; and, in addition, the deposit shall be forfeited to the a4qredesignated.........innoL�ndment facilit..:Y ...........,:......_..................._............_.............................. . .................. I ......... ... for animal control or related purposes. Upen pree€ of sterilizatien, the te th. ...sterilized status of the anIffial, as if said anifRal ha been neutered er -spared fer the entire rear. All ��evisiens herein 823v15rF9S9 as may be amended geverninj ef anima [F.S. 3 823.151 (2). No dog or cat shall be released for adoption by the designated impoundment facility without first being currently vaccinated and licensed pursuant to the provisions of this chapter. Until such animal is actually sterilized, licensing fees shall be levied as if the animal were unsterilized. Section 302.08. RABIES CONTROL; QUARANTINE, REDEMPTION, and SURRENDER OF QUARANTINED ANIMALS* OF CERTAIN nN IMA e (A) It shall be the lawful duty of any owner of an .. ................................................................................... anima within Indian River County ..that: (1) has bitten any person or other animal;e-r whi-eh(2) is believed to have rabies; or (3) does not have a current vaccination, to surrender such dog, cat, or ferret aa-1 to the animal control authority upon its request for quarantine. It shall be the lawful duty of any person having knowledge of an animal bite or exposure of a human or animal to a known rabid animal to report same to the county health department. (B) . Upon impoundment of any dog, cat, or ferret, aniffial invelved itea bitzi- il.9e_dent under the above-mentioned circumstances, such animal shall undergo a ten-day quarantine period under direction of the county : -7 qua.vl..:3.t.-x7. d animale shall not be released or health department. removed from quarantine unless authorized by the county health director. If the aua.rantir%gid animal exhibits further unusual symptoms or dies, e -r emribits further unusual- srffiptexfts, the county health department shall be notified immediately. No animal ..that dies during quarantine or as a result of suspected rabies shall be removed from this county without the authorization of the county health director. (C). For any dog, er cat, or ferret having a current rabies vaccination in accordance with this chapter, the county health director may approve quarantine at home or another acceptable%location besides� other than the designated impoundment facility. (D) For those dogs, and cats, and ferrets that do not have a current . - .................. --.. _ vaccination, quarantine shall be at the designated impoundment facility I n accordance with recognized quarantine procedures established in accordance with the administrative rules of the Florida Department of Health as may be amended from time to time.and e axe neaa az . Quarantine in the hospital of a licensed veterinarian at the expense of the owner shall be allowed as an alternative. In the absence of either alternative, the county health director may approve quarantine in some other feasible location. (E). With respect to any wild animal involved in a biting incident or exposed to known rabid animals, such animal, upon capture, may be immediately sacrificed and the brain submitted to the etre Florida Department of Health FAZS laboratory for examination for rabies, or otherwise in accordance with the provisions of Florida Administrative Code Chapter 64D-3.013(2), as may be amended from time to time. Captive wild animals in zoos, tourist attractions, and private homes shall be evaluated individually in accordance with their history of possible exposure for rabies. In (F). Nothing in this section shall be construed as requiring or authorizing treatment of known or suspectedpeeto? rabies cases contrary to the provisions of Florida Administrative Code Chapter 64D- 3,013(2), 4D - 3.013(2), 19P 3,991--, as i-tmay be amended from time to time. (G). Notwithstanding any section to the contrary, the director of emergency services or his designee is authorized to take any action necessary to carry out the provisions of Florida Administrative Code Chapter 64D-3.013(2) as may be amended from time to time See teen—IG9 *094:(2) FAG if the state agency primarily responsible for that activity is not carrying out the requirements of said section. (H) No animal that is quarantined may be redeemed until the end of the quarantine_ period; provided, however, that the owner of the animal has the ability at any time during the pendency of the quarantine period to surrender permanent control of the animal to the animal control division, as set forth herein, by executing an unconditional release and surrender statement, and payment of all accrued fees, fines, and penalties. An animal that has been surrendered to the animal control division immediately becomes the property of the county, and the animal control division may place the animal for adoption or otherwise make disposition of the animal in accordance with this chapter. (I) Bite by a police or service dog; exemption from quarantine. Any dog that is owned, or the service of which is employed, by a law enforcement agency, or any dog that is used as a service animal, and that bites another animal or human, is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administered by a licensed veterinarian. [FS § 767.16 (A). After an investigation into the circumstances, the animal control division is authorized to _impose reasonable restrictions on any dog determined to be involved in any biting or attack incident that does not result in severe inJury or death. (B) The imposition of reasonable restrictions on any dog pursuant to this section does not prohibit such dog from subsequently being classified as a dangerous dog in accordance with the provisions of this chapter. [derived from F.S. § 767.141 Section 302.081. DOGS INVOLVED in a BITING or ATTACK INCIDENT. (A). After an investigation into the circumstances, the animal control division is authorized to _impose reasonable restrictions on any dog determined to be involved in any biting or attack incident that does not result in severe inJury or death. (B) The imposition of reasonable restrictions on any dog pursuant to this section does not prohibit such dog from subsequently being classified as a dangerous dog in accordance with the provisions of this chapter. [derived from F.S. § 767.141 (A}. Determination of dangerous dog. (1) In accordance with the provisions of Florida Statutes section 767 12, as may be amended from time to time, the animal control division shall investigate reported incidents involving any dog that may be dangerous in the animal eentrel effiee.r has prebablem and shall, if possible, interview the.owner and require a sworn affidavit from any person, including any animal control officer or law enforcement Section 302.09, veto-m+nat+en of v±e±eus er DANGEROUS DOGS. (A}. Determination of dangerous dog. (1) In accordance with the provisions of Florida Statutes section 767 12, as may be amended from time to time, the animal control division shall investigate reported incidents involving any dog that may be dangerous in the animal eentrel effiee.r has prebablem and shall, if possible, interview the.owner and require a sworn affidavit from any person, including any animal control officer or law enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and final resolution of any and all hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to the animal control officer conducting the investigation and the animal control authority. 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.[ F.S. § 757.12 (1) (a) ] (2). Notwithstanding the definition of "dangerousioe�xe dog," as provided in this chapter, no dog may be declared dangerous -e-ictus if a-ny the threat, injury or damage is sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, eemmitting a wil3€:a trespass ox _�r� was teasing, tormenting, abusing or assaulting the dog or its owner or a family member. er was.eeffffiitting er atteffipting te eeffffRit a erime. No dog may be declared dangerous vi if any injury or damage was sustained by a domestic animal which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared dangerous =ae±e3as if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. [F.S. § 767.12(1)(b)] (3). After. the investigation by the animal control officer, the animal control director 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 director 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 Florida Statutes Chapter 48, F*S., as may be amended from time to time, relating to service of process. The owner may file a written request for a hearing within seven (7) calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than twenty-one (21) calendar days and no sooner than five (5) business days after receipt of the request from the owner. The hearing shall be before the director of emergency services. The director shall record the hearing and shall cause s=—in all witnesses to be sworn. If the director finds by a preponderance of the evidence that the dog meets the definition of dangerous Yieieiis dog the director shall immediately classify the dog as dangerous and issue a written determination with findings of fact. [F.S. § 767.12(1)(c)] (4) Any person who is a victim or represents a victim of the dog who is being investigated as a dangerous dog may intervene in any proceeding before the animal control director and, if the person intervenes, such nerson may anneal anv decision of the animal control director to the emergency services director or courts as may be appropriate. (moved from Section 302.0911 (5). once a dog is classified as a dangerous dog, the animal control division ^.atherity shall provide written notification to the owner by registered mail, certified hand delivery or service within five (5) business days, and the owner may file a written request for a hearing in the county court to appeal the classification within ten (10) business days after receipt of a written determination of dangerous dog classification and must continue to confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. [F,S. 9 707.12 (1) (d) ] (B). Fees For Dangerous Dog Investigations. (1) The costs of investigating and administering the dangerous dog requirements shall be paid by the owner of the dangerous dog to the county. The amounts and time of payment of all such costs shall be established by resolution of the Board. (2). If, at any step in the dangerous dog determination process, the dog is determined not to be dangerous, the dog shall be returned to the owner and the county shall refund the investigation costs to the owner. Notwithstanding the foregoing, the owner shall pay any and all boarding and medical treatment fees for the dog that accrued and remained unpaid during the course of the dangerous dog investigation prior to release of the doq. [moved and modified from Code 302.092.] (C) Dangerous dog restrictions. (1} Within fourteen (14) days after a dog has been classified as dangerous by the animal control division ^itherit• or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control division arty, and the certificate shall be renewed annually. The animal control division is autherities—are authorized to issue such certificates of registration, and renewals thereof, only to persons who are eighteen (18) years of age and who present to the Indian River County animal control division director aucherit sufficient evidence of: (b). A proper enclosure of te—eenf-i� a dangerous dog, approved in writing by the animal control division director, physically located on the property where the dangerous dog will be kept or maintained,.and the posting of t -he such property premises with a clearly visible warning sign, meeting County Land Development Regulations, at all entry points that informs both children and adults of the presence of a dangerous dog on the property. Said sign shall be visible and capable of being read from the street and approved by the animal control division; ^_„ +_h erity. (F. S. § 767.12(2) (b) ] [moved and modified from section 302.09 5b] .(e) divisien- Prtee- , that the exoner has liabilit insuranee in the r'i'mesnt e -f at-- least ene-- hundred ...........t..rivarsand--cco-ll-arcv, 9-0-�. , deduetible net- te exeeed five hundred dellars ($S99u 99) eeverin., _ [moved from 302.09 Sh and deleted] (d) . Proof of The ewnewer—..e-eper shad e a micro -chip implant in the dog l for identification purposes as directed by the animal control division; gu'i'lty, at the sole expense of the owner; (F.S. § 767.12(2) (c)1 (e). The , purchase of a collar or harness from the animal control division which shall be worn by the dog at all times. The purpose of the collar or harness shall be to provide immediate identification to the animal control division and the public at large that the dog has been declared dangerous; -v ______. (f) . Proof of surgical sterilization; The esu=nom er keeper shall, at his ein I have the vieieus deg sterilized. and shall present= suitablrE eper ^a *Gie2Z— (h). A muzzle approved in writing by the animal control division director for use when the dog .itis iinl-awful fer the—ew�ner e ...._..... is outside of a proper enclosure of a dangerous dog as allowed under this chapter; and (2). It is unlawful for the owner of a dangerous dog to permit the dog to be outside of a proper enclosure of a dangerous dog unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his sight and only members of his immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within the cab or passenger portion of any motor vehicle, provided said vehicle has a roof, and the dog is incapable of escape through an open window; provided however, the dog shall be muzzled in a manner set forth herein.[F.S.§ 767.12(4)] the twelve i:Renth ;hiph lip [moved and deleted] (}) en-elesure—a-pprev —i -n— writing, —a -n --animal eentr-el ef-fieer fer the viere:rsdeg ewe—prefer where ---the eieree. —will be kept er rag.raph (k) shall be paid en a pre rata basis fer the remainder ef- the lieense"perred, if anr: [moved] (3). The owner shall immediately notify the a animal control division director aIle-ty 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; or (d.} Is moved to another address.. [F.S. 767.12(3)] 4) 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 division autherit1. The new owner must comply with all of the requirements of this ordinance, even if the animal is moved from one jurisdiction to another within the state. The appropriate animal control officer/animal control authority must be notified by the owner of a dog classified as dangerous that the dog is in his jurisdiction. [F.S. 767.12(3)] (5). A dog classified as a dangerous dog in a jurisdiction within the state shall not be moved into Indian River County. A dog classified as a dangerous dog in a jurisdiction within the state may be transported through Indian River County, provided that the dangerous dog is transported in a proper enclosure of a dangerous dog. [derived from F.S. ............................................................................................................................ 6 7h7.14i1 owner of a dangerous dog shall permit unannounced inspections by the animal control division to determine _the owner's compliance with the provisions of this section. [derived from F.S. 767.14.1 [mored] 3. Ay --z3 i e iotas— deg —wieh -de e s net have a valid l i eense in aeeerdanee er-;w*hieh—shall be—eutside—ef an enelesiire, er whieh—is nets -----e ;p implanted, er whieh is fiet sterilized er the annual fift., .....ar-S ($50,00) registratien fee , /T 9 t [MOV D] assault,86 deg shall, when unpreveked kill er svieund er aSBiSt biteeret heiiiise d:nJk;ir�e-r k;,, h„,m-,n being, the-effi.-eer is efftpewered teissue a e it.atre n er to ifnpei:iiad the deg aftowritten n -e t i ee te the dampe s e -e f su eh v i-e-3-eus deg in a hiifftane Fnannei=. 9, Ne persen shall be eharged :ander this seetien iinless the deg, prier te-the eff-ense-alleged, shell have been -deell-ared--_..eieu-q provisions of the seetzen. 19 0 if the ewner- er keeper ef a deg whieh has been impeunded under- this. see tien shall believe that there has net been a vielatien ef su ....ien must be filed within the ten (10) busine.. ��.z � f ewner's the eire3dit eeurt shall find that there has been ne vielatien ef thie f l a p to r, sneh deg—shall be—released t o t-he—enet-edy o f the ewer e �- keeper. [moved] {D) Attack or bite by dangerous dog; penalties; confiscation; destruction. {1} If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the dangerous dog shall be immediately confiscated by the animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and. held for ten (10) business days after the owner is given written notification under Florida Statutes section 767.12, as may be amended from time to time, and thereafter destroyed in an expeditious and humane manner. This ten (10) day time period shall allow the owner to request a hearing under Florida Statutes section 767.12, as may be amended from time to time. The owner shall be responsible for payment of ...._.........._.._.... -- ..__....._....--.._.. _........ - all boarding costs and other fees as may be required to humanely and safely keep the dog during any appeal procedure. [F.S. 76'7.13(1)1 (2). 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 authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days.after the owner is given written notification under Florida Statutes section 767.12, as may be amended from time to time, and thereafter destroyed in an expeditious and humane manner. This ten (10) day time period shall allow the owner to request a hearing under Florida Statutes section 767.12, as may be amended from time to time. 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 by statute. [F.S. 767.13(2)] (3) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for ten (10) business days after the owner is given written notification under Florida Statutes section 767.12, as may be amended from time to time, and thereafter destroyed in an expeditious and humane manner. This ten (10)day time period shall allow the owner to request a hearing under _...._..___...___..-.-- Florida Statutes section 767.12, as may be _amended from time to time. 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. [F.S. S 767.13(3)] (4) If the owner files a written appeal under section 302.09(D) or section 302.09(A)(5) hereof, the dog must be held and may not be _..................... ......._....-Mm ... ............... destroyed while the appeal is pending. [F.S. § 767.13(4)] (E) Exemptions From Determination Of Dangerous Dog. (1) The provisions of this section 302.09 shall not apply to dogs owned by a law enforcement department while such dogs are engaged in the scope of law enforcement duties. [F.S. § 767.12(6)] (2). Hunting dogs are exempt from the provisions of this section when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding I trials are exempt from the provisions of this section when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this section and any other applicable sections of this chapter. Dogs that have been classified as dangerous shall not be used for hunting purposes.[ F.S. § 767.12(5)] 3:19 i -n the event—t the r-er ----r-- -- - ---- � =—c�� - -"e-r, ther-guardian of sueh ffli=ems-shall berry n -�;, e f r eco; o=i ns r - r 1 J With the prev±sie ef this seetien and shall be liable fer all injidrie.s eet s_e32........ .3-0..2.._ G 9_.. .... e.... ............VICTIM OF, DGE OUS......_DQG..... befere the animal eentrel direeter and, if the persei.9. intervenes, said. . [moved] Section 302.092. [MOVED] FEE PROCEDURE FOR DANGEROUS DOGS. -- - = - eager a. A, New we AwkwamAe vo mgmi "We GO weak Seetien 392 19 MOVED UNLAWFUL FOR LIVEST.10G.Tar. T'G' TRUN AT LARGEI- TATUARBORIb mamma, Sm me =a mi me --ea oft awe& -- Aft low mgmwp^ - -- - - -- a o- r. Section 302.1.. ENFORCEMENT OPTIONS; CITATIONS; PENALTY PROVISIONS. (A). Enforcement Options. (1) Any officer The ,an}mal enr-tre :utherity shall, whenever an owner, person, or animal is deemed to be in violation of this chapter in any manner, take one (1) or more of the following steps, as deemed most appropriate to achieve the desired result: (a). Impoundment of such animal with notification, redemption, and disposition, to be pursued in accordance with this chapter. (b). Issuance of a citation notifying persons to appear in the county court when the officer has probable cause to believe that such person has committed a violation of this chapter.theindian River 4 -Nr ate eentre l e r n an ee . (c) Impoundment shall be mandatory regardless of the means chosen b the animal control authority to prosecute a particular violation in any case in which non -impoundment can be reasonably expected to result in immediate and substantial destruction of life or property, or otherwise adversely endanger the health, safety, and welfare of the public. (1) A citation issued by an officer for violation of the Indian River County animal control ordinance shall contain the following information: (a). The date and time of issuance. (b). The name and address of the person accused of the violation. (c). The date and time the civil infraction was committed. (d). The facts constituting probable cause. (e). The ordinance violated. (f). The name and authority of the officer. (g). The procedure for the person to follow in order to pay the civil penalty,— er to contest the citation, or to appear in court as required under sec,t.ior: 302.11 (B) (2)hereof. (h). The applicable civil penalty if the person elects to contest the citation. (i). The applicable civil penalty if the person elects not to contest the citation. (B). Citations. (1) A citation issued by an officer for violation of the Indian River County animal control ordinance shall contain the following information: (a). The date and time of issuance. (b). The name and address of the person accused of the violation. (c). The date and time the civil infraction was committed. (d). The facts constituting probable cause. (e). The ordinance violated. (f). The name and authority of the officer. (g). The procedure for the person to follow in order to pay the civil penalty,— er to contest the citation, or to appear in court as required under sec,t.ior: 302.11 (B) (2)hereof. (h). The applicable civil penalty if the person elects to contest the citation. (i). The applicable civil penalty if the person elects not to contest the citation. (j). 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, then the, person 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. (k). A conspicuous statement that if the person is required to appear in court as mandated by section302.11(B)(2) hereof, he or she does not have ........................................—....._........._................_............_.._.._._._ the option of paying a fine in lieu of appearing in court. (1) A notice giving the date and time the person must appear in court if the person fails to pay the civil penalty. [F.S.§ 828.27(f)] adversely endanger the health, safety and welfare ef the . MOVED (2). Mandatory Court Appearance. The county may require a person cited, as clearly indicated on the citation, to make a mandatory court appearance upon the issuance of a citation for certain aggravated violations of this chapter resulting in the unprovoked biting, attacking, or wounding of a domestic animal; violations of any of the provisions of this chapter resulting in the destruction or loss of personal property; second or subsequent violations of the animal cruelty provisions of this chapter; or any violation of any of the provisions of this chapter resulting in the issuance of a third or subsequent citation to a person. Persons required to appear in court under this section do not have the option of paying the fine instead of appearing in court. [1'S._ § £32b 27(E)] — (4). If a person fails to pay the civil penalty set forth in the citation, fails to appear in court to contest the citation, or fails to appear in court as required by this chapter, the court may issue an order to show cause upon the request of the Board. This order shall require such person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. [F..:7. §828.27 (2) ;f) ] (5). Any violation of this chapter constitutes a civil infraction and may be punished by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation of specific sections of this chapter shall be established by resolution of the Board. If the person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed, and may be punishable by civil penalty not to exceed five hundred dollars ($500.00). Each day or fraction thereof during which the violation continues shall be considered as a separate offense. [F.S.§ 828.27(2)(a) -(c)] (6). Any person who willfully refuses to sign and accept a citation I ssued by an officer is declared to be guilty of a criminal (3). and Any citation issued pursuant to this chapter may contested in the county court. [F.S. §828.27(2)(e)] (4). If a person fails to pay the civil penalty set forth in the citation, fails to appear in court to contest the citation, or fails to appear in court as required by this chapter, the court may issue an order to show cause upon the request of the Board. This order shall require such person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. [F..:7. §828.27 (2) ;f) ] (5). Any violation of this chapter constitutes a civil infraction and may be punished by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation of specific sections of this chapter shall be established by resolution of the Board. If the person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed, and may be punishable by civil penalty not to exceed five hundred dollars ($500.00). Each day or fraction thereof during which the violation continues shall be considered as a separate offense. [F.S.§ 828.27(2)(a) -(c)] (6). Any person who willfully refuses to sign and accept a citation I ssued by an officer is declared to be guilty of a criminal offense and misdemeanor within the meaning of Florida Statutes section 775.08, as may be amended from time to time, and punishable as provided by law. Section 302.12. INTERFERENCE WITH ANIMAL CONTROL AUTHORITY UNLAWFUL. (A). It shall be unlawful aid a violation of this chapter and subject to all penalties herein, for any person or persons: (1). to interfere with, hinder, resist, obstruct or molest any officer or representative of the animal control authority in the performance of official duties; (2). to interfere with any animal trap set by any officers or representative of the animal control authority, or to molest or release any animal caught therein; (3) it shall be unlawful fe without the authority of a court of competent jurisdiction, or without first having complied with the redemption requirements of this chapter, to seek to release or remove any animal from the custody of the animal control authority, or a designated impoundment facility or to otherwise tear down, burn, deface, destroy or otherwise injure any property, vehicle, or equipment of any designated impoundment facility, the county, or the animal control authority. Section 302.13. RIGHT OF ENTRY UPON PRIVATE PROPERTY FOR ENFORCEMENT. (A). For the purpose of discharging the duties imposed by this chapter, including investigation of possible violations and enforcement of any provision, all_ officers, _and representatives _ of the animal control authority, in the performance of official duties, and—an .. epresentative are hereby empowered: (1). to enter upon private property, not including a dwelling house, enclosed structure, or fenced enclosure, for the purpose of demanding that an animal, or if applicable, the license tag of such animal, be exhibited to such officer or representative of the animal control authority; and (2) Further; sueh persen shall be.,LL,_....ered to enter private property, including a fenced enclosure but not a dwelling house or enclosed structure, to capture and impound_ any animal known or, suspected of biting or scratching any person; --er any animal infected or showing suspicious symptoms of rabies; animals in need of immediate medical attention including cruelly treated animals; viereias—aniffials dangerous dogs not properly muzzled and restrained; certain dangerous dogs under the circumstances set forth in sect.iorzs 302.09 (D) (:1.) through and including (3) of this chapter;b the. and animals at large if such animal is on the property of a person other than the owner. (B). Any officer, and representative of the animal control authority in the performance of official duties, making use of this right of entry shall be immune from prosecution, civil or criminal, for reasonable good faith entry upon real property as authorized herein. [moved] Section 302.16. MOVED PENALTY PRGVISIG S wpm tv Waggilw Ig =ZQrAZ- - -- _ - - - - - gill Milli womaw glippgggi Wgill Section 302.14. APPLICABILITY This chapter shall be applicable to all of Indian River County lying within or outside any municipality, unless such municipality adopts an ice inconsistent herewith, in which case the municipal ordi ordinance nance shall prevail. s MOVED ...... �;.4.�_-:�.-�:-___rdlie�s3g�}a-�r, duties ef ani-ffial -een-tea- au -------1 NEWS Ill Wo Mill IN 11 111A All, =8 NZWAZM� Ilill I111111l 11111111 III HI I B111 INN IN VIP mill 11111 11 Will t 11141 Will W III mil, WE Ahmulift a lllllVll� VIM so 4ft 40W, C Will, Ab va All, 44A, WIN Aft Will, PART II: GENERAL PROVISIONS SECTION l: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION 2: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this ordinance shall become and be the Code of Laws and Ordinances of Indian River County, sections of the Ordinance may be renumbered or relettered such, and the word "ordinance" may be changed to "section", any other appropriate word. made a part of Florida. The to accomplish "article", or SECTION 4: EFFECTIVE DATE. This Ordinance shall become effective on February 1, 2006 This Ordinance was advertised in the Vero Beach Press Journal on January 4, 2006, for a public hearing to be held on January 17, 2006. During the January 17, 2006, public hearing, this Ordinance was moved for adoption by Commissioner Davis and seconded by Commissioner Bowden s , and adopted by the following vote: Chairman Arthur R. Neuberger Aye Vice -Chairman Gary C. Wheeler Aye Commissioner Wesley. S. Davis Aye Commissioner Thomas S. Lowther Aye Commissioner Sandra L. Bowden Ave DULY PASSED AND ADOPTED THIS 17th DAY OF JANUARY 2006, Attest: J. K.,,Barth erk BY 9 Deputy. Clerk Approved: seph A. Baird unty Administrator / INDIAN RIVER COUNTY BOARD OF COUNTY OMMISSIONERS B n. Arthur R. Ne erger, Ch q an App °°ved as to form arZV11al suffi6rioencvfv �, Marian E. F`e1T Assistant County Attorney EFFECTIVE DATE: This Ordinance was filed with the Department of State on the ' day of January, 2006, and becomes effective on February 1, 2006.