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HomeMy WebLinkAbout1977-41INDIAN RIVI. R COUNTY ORDINANCE NO. 77- 41 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Chapter 3, Articles I and II of the Code of Laws and Ordinances of Indian River County shall be expanded to include: Section 3-0. There is hereby created in Indian River County, Florida, a Department known as the Indian River County Animal Control Department for the purposes of enforcing the regulations of this Chapter. Section 3-1. (b) Person shall mean natural person, or persons, firm, association or corporation. (c) Owner shall mean any person, as herein defined, who owns, keeps, harbors or controls an animal. (d) Animal shall mean any living dumb creature capable of self locomotion. (e) Vicious animal shall mean any animal of fierce or dangerous propensities which is likely to cause injury to person or persons or damage to property, or any animal which exhibits traits which are ungovernable, or any animal which displays a habit of unprompted biting or has a history of biting persons three (3) times within a period of eighteen (18) months. (f) At large shall mean when an animal is off of the premises of the owner and not under the actual control, custody, charge or possession of the owner or other responsible person either by leash, cord, chain, or other means of actual control. - (g) Impounding officer shall mean the person or persons appointed by, contracted with, or employed by Indian River County, or the Indian River County Sheriff's Department, as animal control officers and such agents or employees designated by such officer to carry out the duties of such officer under this chapter. (h) Animal Control Director -appointed by the County Administrator with authority to discharge the duties of the Indian River County Animal Control Department. (i) Bite or scratch shall mean the breaking of skin. (j) Temporary shall mean one calendar week. (k) Immediate family shall mean husband, wife, children or other person residing in the household of the animal owner, if related by con- sanguinity or affinity. Section 3-10. Enforcement for violation of ordinance. (a) The animal control director, or impounding officers, or Sheriff's department shall impound: (1) . Any animal suspected or believed to be infected with rabies or any infectious disease. Each animal so apprehended which is suspected to have or exhibits symptoms of having rabies or an infectious or contagious disease shall be segregated from other animals so as to prevent said animal from coming into contact with other animals. (2) Any dog not licensed as provided for in this ordinance and Indian River County Ordinance 72-7, Section 4, now in effect or hereafter revised or amended. (b) The animal control director or his impounding officers, or Sheriff's department shall, in the event an animal is deemed in violation of this chapter, or is owned, harbored, or maintained in violation of this chapter: (1) Issue a "notice of violation" to the owner of such animal; such "notice of violation" shall state the date and time of the issuance of the notice, the name and address of the person (s) in violation, the date (s) of the offense (s), the offense committed, a description of the animal (s) involved and a demand that the offense (s) be abated within seventy-two (72) hours after the issuance of the notice. If the person (s) shall fail to abate the offense (s), within the required time, the animal control director, or his impounding officers, or Sheriff department shall sign an affidavit and cause a warrant of arrest to be issued for the person (s) in violation in any court of competent jurisdiction in Indian River County, Floridn, or (2) Impound such animal or both such impoundment and affidavit. Section 3-11. Notice to owners of impoundment. When any animal shall be impounded under the provisions of this chapter, the animal control director or his designated assistants shall give immediate notice in person, or by United States mail, to the owner of said animal at his, or her, address, if the same is known after reasonable effort and search has been made to ascertain the same, which notice shall inform the owner of the impounding of such animal. Section 3-12. Redemption of impounded animals. (a) If any animal is impounded for any reason other than for quarantine and is not redeemed within five (5) cons<c�itive days after impoundment of such animal, including the day of impoundment, the animal control director, or designated agent, without further notice to the owner of such animal, if any, may dispose of the animal as provided in Section 3-7. (b) The owner or owners agent shall be entitled to resume possession of any animal upon compliance, if applicable, of the licensing provisions of this chapter and the payment of impoundment fees set forth by Resolution. Proof of ownership must be given prior to being entitled to resume possession. Proof of ownership may include a license receipt, affidavits of neighbors, photographs or other reliable documentary evidence. This section shall not apply to animals impounded under Sections 3-36 (b) and 3-6. (c) The final day of the five-day period shall only occur on a day the pound is open for normal operating activities. Section 3-13. Disposition of impounded animals. Any animal impounded under the provisions of this chapter and not redeemed as provided in Section 3-12 shall become the property of Indian River County, Florida. The animal control director, or designated agent, shall humanely destroy such animal, transfer its title to the humane society or place it in the custody of some person deemed to be a responsible and suitable owner, who will pay all impoundment fees and will agree to comply with all the provisions of this chapter, provided that all horses, mules, cattle, swine or other grazing animals shall be offered for sale to the highest bidder for cash. Section 3-14. Animal control records to be kept. It shall be the duty of the animal control director, or designated agent, to keep a correct register of all dogs or animals impounded, the name of their owner, or keeper, if known, when and how the owner, or keeper, was notified of the impounding, and the ultimate disposition of the animal. The animal control director shall arrange payment to Indian River County monthly of all monies received as impounding fees. Section 3-15. Disposition of dead animals. it shall be the duty of the owner, or custodian, of any dead animal within Indian River County to remove the carcass of said animal within twenty-four (24) hours of the death. Section 3-16. Interfering with animal control director, or Sheriff department or their impounding officers. It shall be unlawful for any person or persons to interfere with, kinder, resist, obstruct or molest the animal control director or Sheriff department or their impounding officers in the performance of their duties. Section 3-17. Damaging county pound, animal control equipment; releasing animals prohibited. It shall be unlawful for any person or. persons to, without authority of a court having jurisdiction to try violations of this ordinance or without authority under this chapter, seek to release or remove any animal from the custody of the animal.control department, the Sheriff department or any of their contracted agents or tear down, burn, deface, destroy or otherwise injure any county pound, enclosure, animal control department vehicle or county -owned impounding vehicle or equipment thereof. r Section 3-18. Right to enter upon private property. For purposes of discharging the duties imposed by this chapter, including investigation of possible violations and for enforcing its provisions, the animal control director, or the Sheriff or their impounding officers are empowered to enter without authority of any court of competent juris- diction upon any private property for the purpose of demanding that the animal, or if applicable, the license tag of such animal be exhibited to said officer. Further, said officer shall be empowered to enter into a fenced enclosure to impound any animal known or suspected of biting or scratching any person or animal infected with -or showing suspicious symptoms of rabies. Provided, except as specifically enumerated herein such officer shall not be empowered to enter a dwelling home or structure or fenced enclosure without prior authority by a court of competent juris- diction in order to carry out the provisions of this section. This Ordinance shall become effective December 27, 1977.