HomeMy WebLinkAbout1983-22'm -- ..._ f....
ORDINANCE NO.83-22
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR
RESPONSIBLE ANIMAL CONTROL; PROVIDING SHORT TITLE;
DEFINITIONS; ANNUAL VACCINATION AND LICENSING
REQUIREMENTS AND PROCEDURE; ADDITIONAL OWNERSHIP
RESPONSIBILITIES; ESTABLISHMENT OF ANIMAL CONTROL
AUTHORITY AND POWERS; IMPOUNDMENT AND DISPOSITION;
RABIES CONTROL AND QUARANTINE PROCEDURE; DANGEROUS
AND VICIOUS ANIMAL DETERMINATIONS; CODE ENFORCEMENT
BOARD PARTICIPATION; ENFORCEMENT OPTIONS; NON-
INTERFERENCE WITH ANIMAL CONTROL AUTHORITY; RIGHT OF
ENTRY; APPLICABILITY; PENALTIES; REPEAL OF CONFLICTING
LAWS; SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, there presently exists a need and desire within
Indian River County for more responsible animal ownership and
management practices; and
WHEREAS, the presence of an ever increasing number of
uncontrolled domestic animals, and especially dogs and cats, in a
county subject to increasing urbanization creates a nuisance,
public health hazard, and a danger to both public and private
property, highway traffic, pedestrians, and other animals; and
WHEREAS, the Board of County Commissioners herein
expresses its intent to dissuade such inhumane and careless
ownership behaviors and to encourage a more healthful and safe
environment for both humans and animals through specific
licensing, vaccination and control requirements, and establishment
of enforcement mechanisms.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
SECTION 1
SHORT TITLE
This ordinance may be referred to and cited as the
Indian River County Animal Control Ordinance.
mean:
SECTION 2
DEFINITIONS
As used in this ordinance, the following terms shall
1) Animal: Generally, any living dumb creature capable
of self -locomotion, but if the context requires, may refer to only
a dog or cat, or both.
2) Animal Control Authority: Refers to one or more or
-1-
all of those offices, departments, agencies, groups or
individuals, designated by the Board of County Commissioners of
Indian River County to provide a function or service relating to
animal control or regulation under the terms of this ordinance.
3) Bite: An action whereby an animal physically breaks
the skin of another animal or human with its teeth.
4) Designated Impoundment Facility: Any facility
designated or recognized by the Board of County Commissioners of
Indian River County for the purpose of impounding and caring for
animals.
5) Exposure: An act whereby an animal has bitten,
scratched, or placed its saliva in contact with the mucous mem-
brane or an open lesion, cut or wound of another animal or human.
6) Humane Society: Shall mean the Humane Society of
Vero Beach, Inc., or any association, organization, or
corporation, whether for profit or not, which pursues
substantially similar goals and objectives.
7) Livestock: Shall be construed to mean horses,
mules, cattle, sheep, goats, swine and other grazing animals.
8) Non -Resident or Temporary Resident: Any owner of an
animal regulated by this ordinance who does not habitate or reside
within Indian River County for longer than four (4) months out of
any given year.
9) Owner: Any person, as defined, who has the right of
property or custody of an animal or who keeps, harbors or
maintains an animal or knowingly permits an animal to remain on or
about any premises occupied by that person.
10) Person: Any individual, corporation, partnership,
organization, association, trust, joint venture, or other entity
commonly recognized by law as a unit capable of ownership or
management of property.
11) Restraint: An animal shall be considered under
restraint only if it is:
(a) within the real property boundaries of its
owner, or of any other person with the express
permission of that person, or
-2-
(b) when outside of said boundaries, under the
actual control, custody, or possession of the
owner or other responsible person, by either
leash, cord, chain or similar device.
12) Sterilization: The process of rendering permanently
incapable of reproduction.
13) Tax Collector: Shall mean the Office of tha max
Collector of Indian River County, or any of its employees or
agents, including any veterinarian providing licensing services
pursuant to a contract with the Tax Collector's Office.
SECTION 3
ANNUAL VACCINATION AND LICENSING REQUIREMENT
After the effective date of this ordinance, it shall be
unlawful and subject to all penalties provided below, for any
person to own, keep, harbor, maintain, or have custody of any dog
or cat which has attained an age of four (4) months, unless such
dog or cat has been currently vaccinated, licensed and collared or
harnessed in accordance with the following provisions.
SECTION 4
PROCEDURE FOR APPLICATION, ISSUANCE AND RENEWAL OF
LICENSE
A, On or between January 1st and April 30th of each
calendar year, every person subject to the requirement of Section
3 shall make written application to the Tax Collector for issuance
or renewal of a license. Each application shall provide the
applicant's name, residential address, and telephone number (home
and business), and shall give an accurate description of the dog
or cat being licensed, including name, breed, color, gender, size,
reproductive status, and date of birth or age. In addition, an
applicant shall provide proof of vaccination for rabies,
administered by a licensed veterinarian within the twelve (12)
month period immediately preceding the date of application. No
license shall be issued in the absence of such proof, which shall
be by signed certificate of the administering veterinarian,
indicating the date of vaccination, the manufacturer, and the lot
or serial number of vaccine used. A certificate shall not be
-3-
valid for more than one animal unless clearly indicated otherwise
thereon by the certifying veterinarian. If a dog or cat attains
the age of four (4) months following April 30th of any given year,
the owner shall have thirty (30) days thereafter in which to make
application for a license as required above.
B. Any license issued shall be valid until April 30th
of the following calendar year, and shall be renewed by repeating
the above application procedure.
C. The Board of County Commissioners shall by
resolution adopt a schedule of fees to be collected from each
applicant prior to issuance or renewal of a license. Such
schedule may provide for 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 dog serving the handicapped or government owned dog
used for law enforcement purposes.
D, If an owner is seeking to have an animal licensed as
a neutered or spayed animal, the owner shall provide with the
application sufficient proof of sterilization. This proof may be
by means of certification of the licensed veterinarian who
performed the procedure, or if not available, by opinion of an
examining veterinarian as to the animal's apparent reproductive
status, or by any other equally reliable documentary evidence.
Any animal certified by an examining veterinarian to be either
permanently incapable of reproduction or unsuitable for surgical
sterilization, by virtue of age, disease, or other infirmity, or
any animal under the age of one year, shall be licensable as a
sterilized or non -reproductive animal.
E. Upon proper application and payment of fees, the Tax
Collector or its designated agent shall issue a durable tag which
bears the registration number, and the year and county of
issuance. The current license tag together with a current rabies
vaccination 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 lawfully restrained or not.
-4-
N
F. No license shall be transferable from one animal to
another nor from one owner to another owner. Upon transfer of a
previously licensed animal to a new owner, said owner shall have a
period of thirty (30) days within which to comply with the
requirements of this ordinance.
G. The Tax Collector may enter into contractual
arrangements with any licensed veterinarian in this County to
serve as its agent for the purposes of licensing of animals under
this ordinance. All such contracts shall be subject to prior
approval by the Board of County Commissioners, shall be in a
standard form, and shall be equally available to all interested,
qualifying veterinarians.
H. The Tax Collector or any contracting agent therefor
shall make a record for each such license issued and shall provide
all licensing information to a central. data system which is
readily and continuously available for animal control authority
purposes.
I. The licensing provisions of this ordinance shall not
apply to:
1. any owner who is a non-resident or temporary
resident, as defined, provided that the owner's dog or cat has
been vaccinated for 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 restraint obligations shall apply; or
2. the ownership, care, custody or maintenance, in the
ordinary course of business, of any animal by a research or
veterinary medical facility, government operated or licensed
animal shelter, humane society facility, or commercial pet shop,
provided that said shelter, facility, or shop, is operating in
accordance with all applicable occupational licensing and zoning
ordinances.
SECTION 5
ADDITIONAL OWNERSHIP RESPONSIBILITIES
Notwithstanding compliance with Sections 3 and 4 above,
it shall be unlawful and subject to all penalties provided below
MIM
for the owner of any dog or cat to fail to comply or cause compli-
ance with any or all of the following obligations:
A. Keep each such animal under restraint, as defined.
B. Exercise that degree of care and control necessary
to prevent such animal 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:
1. the prompt removal of excreta or feces of such
animal from public walks, rights-of-way, park and 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
2. 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 noxious behaviors; or
3. the abatement of unsanitary conditions characterized
by emission of odors, breeding or habitation of insects, rodents
or other vermin, or similar indications.
C. Keep any female dog or cat which is known or should
be known by her owner to be in heat (estrus) confined inside a
building or in the leashed company of its owner in a manner such
that said animal cannot come into contact with another except for
planned breeding purposes.
D. Keep any vicious animal, following a formal deter-
mination of that status in accordance with Sections 9 and 10,
confined within a building or other secure enclosure, or securely
leashed and muzzled or caged whenever not so confined; or to
forfeit any such animal or remove same from the County upon the
occurrence of a third offense; as required by Section 9 C.
SECTION 6
ANIMAL CONTROL AUTHORITY -- GENERAL POWERS --
AGENTS FOR ENFORCEMENT OF FLORIDA STATUTES CHAPTER
828
A. There is hereby established an Animal Control
-6-
Authority to be comprised of various offices, departments,
agencies or individuals uniquely or properly suited to serving a
function or providing a service required or authorized by this
ordinance. The Board of County Commissioners shall by resolution
designate the composition of the Animal Control Authority and the
primary function or service to be provided by each component. The
County Administrator 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. The Animal Control Authority is hereby authorized to
receive, capture, pick up, and impound any animal running or roam-
ing at large, including any dog or cat not properly restrained,
vaccinated or licensed as required by this ordinance, or believed
to be a stray, or believed to have rabies or other infectious or
contagious disease, and to take all steps necessary and lawful to
initiate and prosecute violations of this ordinance.
C. The Animal Control Authority is hereby further
designated to act as the agent of the Board of County
Commissioners of Indian River County for purposes of investigating
violations of Chapter 828 Florida Statutes, as may be amended from
time to time. The Authority shall have all enforcement and admin-
istrative powers established therein, and any remedy provided in
said Chapter 828 shall be in addition to the remedies provided in
this ordinance. All duties, obligations and prohibitions in said
Chapter 828, pertaining to the prevention of cruelty to animals,
are hereby incorporated as provisions of this ordinance, and a
violation thereof shall be deemed to be a violation of this ordi-
nance, subject to all penalties and enforcement alternatives
provided below.
SECTION 7
IMPOUNDMENT AND DISPOSITION
A. Any animal received or taken into custody by the
Animal Control Authority shall be properly delivered to a desig-
nated impoundment facility, for handling and disposition in
accordance with this ordinance and any contractual agreement
-7-
between the County and the operator of such facility.
B. Upon impoundment or the taking into custody of an
animal, the Animal Control Authority shall make every reasonable
effort to notify the owner in person, by telephone, or by U. S.
Mail informing him or her of the impoundment and the conditions
whereby custody of the animal may be regained. In the event an
impounded animal is licensed and tagged, reasonable notice shall
be satisfied by contacting the registered owner at the address on
file with the County, unless the person notifying the owner has
actual knowledge of more accurate information.
C. The Animal Control Authority is hereby authorized to
engage the services of a licensed veterinarian to observe or treat
such animal, and any other impounded animal believed to have
rabies or other infectious or contagious disease at the expense of
the owner and to destroy any such animal without compensation to
the owner upon certification by the attending veterinarian that
the continued existence of such animal endangers public health,
safety and welfare. The Animal Control Authority is hereby
granted discretionary authority to immediately and humanely
destroy or otherwise dispose of any such injured, sick or diseased
animal whose condition is such that its continued existence would
be inhumane. Any animal suspected or believed to be infected with
rabies or any infectious disease shall be segregated or quaran-
tined as provided below in Section 8, and all additional costs
associated with such special handling and treatment shall be an
additional fee payable by the owner prior to redemption of the
animal. Lawful exercise of discretion by the Animal Control
Authority to destroy an animal, or the failure of an owner to
redeem an animal, shall not relieve the owner of the liability for
violations, fines, and accrued charges or fees, regardless of the
ultimate disposition of said animal.
D. Custody of an animal impounded hereunder may be
regained by the owner at any time prior to other disposition of
the animal by the Animal Control Authority upon payment of accrued
impoundment fees, actual veterinarian charges, and any other
applicable fees, fines and penalties which may have been assessed.
-8-
impoundment fees shall be assessed at the per diem rate estab-
lished by resolution of the Board of County Commissioners. 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. 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 ordinance,
prior to the redemption of any dog or cat. 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, 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 Section 4 within
the five (5) day period following redemption or shall be deemed to
have further violated this ordinance. The administering veteri-
narian shall be reimbursed upon presentation of the receipt to the
County for the cost of the vaccination, however, not to exceed the
amount of the prepayment made.
E. Except for any animal undergoing quarantine pursuant
to Section 8, an animal which has not been redeemed within five
(5) consecutive days after impoundment, including the day of
impoundment and provided the fifth day falls on a day the facility
is open for business, shall escheat to the Animal Control
Authority. The Animal Control Authority is hereby authorized to
dispose of the animal by adoption or destruction through eutha-
nasia as it deems most humane, in its sole discretion. Adoption
fees shall be collected at the rate established by the designated
impoundment facility, but in any event, no dog or cat shall be
released for adoption without first being sterilized, or without a
written agreement from the adopting party guaranteeing that said
animal shall be sterilized within thirty (30) days following
adoption, unless the sexual maturity of the animal requires a
-9-
ki
longer period. An agreement to sterilize shall be secured by
deposit with the agency from which the animal is adopted of a sum
to be determined by the agency to be refunded without interest
upon presentation of proof that said animal has been sterilized.
Un'_il such animal is actually sterilized, licensing fees shall be
levied as if the animal were unsterilized. Failure to comply with
the agreement shall result in forfeiture of the deposit to the
agency for animal control or related purposes. Upon proof of
sterilization, the Tax Collector is authorized, if requested by
the owner, to refund any portion of the current year's paid licen-
sing fee attributable to the previous unsterilized status of the
animal, as if said animal had been neutered or spayed for the
entire year. All provisions herein pertaining to the steriliza-
tion of adoptive animals shall be interpreted consistently with
the legislative policy and requirements set forth in Florida
Statutes §823.15, as may be amended, governing sterilization of
animals released from animal control shelters or agencies.
SECTION 8
RABIES CONTROL -- QUARANTINE OF CERTAIN ANIMALS
A. It shall be the lawful duty of any owner of an
animal within Indian River County which has bitten any person or
other animal, or which is believed to have rabies, to surrender
such animal to the Animal Control Authority upon its request. 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 animal involved in a biting
incident under the above mentioned circumstances, such animal
shall undergo a ten (10) day quarantine period under direction of
the County Health Department. Such animals shall not be released
or removed from quarantine unless authorized by the County Health
Director. If the animal dies or exhibits further unusual
symptoms, the County Health Department shall be notified
immediately. No animal which dies during quarantine or as a
result of suspected rabies shall be removed from this County
without the authorization of the County Health Director.
-10-
0
1) For any dog or cat having a current rabies vaccina-
tion in accordance with this ordinance the County Health Director
may approve quarantine at home or another acceptable location
besides the designated impoundment -facility.
2) For those dogs and cats not having a current vacci-
nation, quarantine shall be at the designated impoundment facility
in accordance with recognized quarantine procedures established
and approved by the County Health Department. 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.
3) 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 State HRS laboratory for examination for rabies. Captive wild
animals in zoos, tourist attractions and private homes shall be
evaluated individually in accordance with their history of
possible exposure for rabies.
C. Nothing in this section shall be construed as"
requiring or authorizing treatment of known or suspected rabies
cases contrary to the provisions of Florida Administrative Code
Chapter 10 D-3.91, as it may be amended from time to time.
SECTION 9
DANGEROUS AND VICIOUS ANIMAL DETERMINATIONS
A. Upon the request of any aggrieved person, the Animal
Control Authority shall investigate any incident involving an
animal which is alleged to have, without provocation, attacked,
bitten, scratched, or otherwise caused physical harm or injury to
any person, other domestic animal, or livestock. If the Authority
finds following its investigation that the allegations are
supported by the greater weight of the evidence, it shall notify
the owner in writing by certified letter of the offense and that
the animal has been determined to be dangerous. The notice shall
further state that any subsequent similar offense within the
following eighteen (18) months involving the same animal shall
-11-
result in a determination that the animal is vicious and subject
to additional restraint requirements. The determination shall be
made a matter of record in the central data system.
B. Upon complaint, investigation, and finding by the
Animal Control Authority that the animal has committed a second
offense within eighteen (18) months of the first offense, said
animal shall be determined to be a vicious animal. The Authority
shall promptly make a record of such determination with the
central file and shall again notify the owner in writing by certi-
fied letter of this determination.
C. Upon a third offense within the eighteen (18) month
period, the owner shall be again notified and shall forthwith
voluntarily forfeit the animal to the Animal Control Authority for
disposition as it determines most humane and beneficial to the
community.
D. Every owner of an animal subject to proceedings
under this section shall have the right to an evidentiary hearing
on the alleged offense before the Code Enforcement Board. Notice
of the right to this hearing shall be delivered to the owner as
part of the written notice of the dangerous or vicious animal
determination. The owner shall have seven (7) days from the date
of receipt of the determination in which to request such hearing
by delivering a written request to the Animal Control Authority.
Any appeal taken shall stay application of this rection until
final resolution of the matter by the Code Enforcement Board.
E. This section shall not apply to animals trained for
security or guard purposes, provided the incident involved
occurred during the course and scope of such duty. Nor shall any
incident be deemed an offense if it occurs within the real prop-
erty limits of the owner, provided the property is conspicuously
marked as to the presence of the dangerous or vicious animal.
F. It shall be the lawful duty of every person who has
observed an unprovoked attack or biting incident involving an
animal subject to this section to report such information to the
Animal Control Director.
-12-
SECTION 10
CODE ENFORCEMENT BOARD PARTICIPATION -- VIOLATIONS
AND VICIOUS ANIMAL DETERMINATIONS
A. The Code Enforcement Board of Indian River County is
hereby recognized and designated as an administrative hearing
,board for the purposes of assisting with the enforcement of this
ordinance. The Animal Control Authority may present an alleged
violation to the Code Enforcement Board for a hearing upon due
public notice to the parties concerned, for findings of fact, con-
clusions of law and assessment of penalties and fines provided by
this ordinance. Such hearings shall be conducted in accordance
with normal Code Enforcement Board procedures and all fines shall
be levied and enforced in accordance with the ordinance creating
said Board.
B. The Board may hear and determine either of the
following matters:
1) An alleged violation of any of the provisions of
this ordinance.
2) Dangerous or vicious animal determination appeals
upon request of the owner in accordance with Section 9 D.
SECTION 11
ENFORCEMENT OPTIONS
The Animal Control Authority shall, whenever an owner,
person, or animal is deemed to be in violation of this ordinance
in any manner, take one 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
ordinance.
B) Initiate an action for determination of a violation
by the Code Enforcement Board as provided above.
C) Issuance of a "Notice of Violation" to the owner of
such animal or to the person deemed in violation. Such Notice of
Violation shall state the date and time of the issuance of the
notice, the name and address of the owner or person in violation,
the date of offense, the offense committed, a description of the
animals involved and demand that the offense be abated within
12#1M
twenty-four (24) hours after issuance of the notice, providing
that the twenty-four (24) hour period does not fall on a holiday
or non -business day. I£ the party notified shall fail to abate
the offense or offenses prescribed within the required time, a
representative of the Animal Control Authority shall sign an
affidavit as necessary to initiate an action for misdemeanor
prosecution in a court of competent jurisdiction in Indian River
County, Florida.
D) Issuance of a "Notice to Appear" in accordance with
Florida statutes 9901.28 and the Florida Rules of Criminal
Procedure, Rule 3.125, thereby initiating an action for misde-
meanor prosecution in a court of competent jurisdiction in
Indian River County, Florida; provided the citing officer has the
lawful authority pursuant to general or special law.
E) Impoundment shall be mandatory regardless of the
means chosen by 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.
SECTION 12
INTERFERENCE WITH ANIMAL CONTROL AUTHORITY UNLAWFUL
It shall be unlawful and a violation of this ordinance,
subject to all penalties herein, for any person or persons to
interfere with, hinder, resist, obstruct, or molest any represen-
tative of the Animal Control Authority in the performance of
official duties. It shall be unlawful for any person or persons
without the authority of a court of competent jurisdiction, or
without having first complied with the redemption requirements of
this ordinance, 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.
-14-
SECTION 13
RIGHT OF ENTRY UPON PRIVATE PROPERTY FOR ENFORCEMENT
For the purposes of discharging the duties imposed by
this ordinance, including investigation of possible violations and
enforcement of any provision, the Animal Control Authority and any
representative thereof officially charged with carrying out such
duties are hereby empowered to enter upon private property, not
including a dwelling house, enclosed structure, or fenced enclo-
sure, for the purpose of demanding that an animal, or if appli-
cable, the license tag of such animal be exhibited to said Animal
Control Authority. Further, such person shall be empowered 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, or
any animal infected or showing suspicious symptoms of rabies,
animals in need of immediate medical attention including cruelly
treated animals, vicious animals not properly controlled by the
owner, and animals at large if such animal is on the property of a
person other than the owner. Refusal by any property owner to
allow such person to enter upon one's property as authorized by
this section shall be unlawful and a violation of this ordinance.
Any such person making use of this right of entry shall be immune
from prosecution, civil or criminal, for reasonable good faith
trespass upon real property as authorized herein.
SECTION 14
PENALTY PROVISION
In addition to any of the fees, fines, or penalties
provided elsewhere by this ordinance, any person who shall violate
or fail to comply with any of the provisions of this ordinance
shall upon conviction by a court competent jurisdiction be pun-
ished for each such violation by a fine of not more than FIVE
HUNDRED DOLLARS ($500.00) or by imprisonment in the County jail
for not more than sixty (60) days, or by both fine and imprison-
ment. Each day or fraction thereof during which the violation
continues shall be considered as a separate offense. The Board of
County Commissioners may enforce the provisions of this chapter by
seeking injunctive relief or any other remedy available by law.
-15-
SECTION 15
APPLICABILITY
This ordinance shall be applicable to all of Indian
River County lying within or outside of any municipality, unless
such municipality adopts an ordinance inconsistent herewith, in
which case the municipal ordinance shall prevail.
SECTION 16
REPEAL OF CONFLICTING LAWS
Any ordinance, local law or special act or resolution
which conflicts with the provisions of this ordinance, and
specifically those found in Chapter 3 of the Code of Laws and
Ordinances of Indian River County, are hereby repealed to the
extent of such conflict. Section 3-2 and 3-3 of the Code of Laws
and Ordinances, concerning livestock running at large, shall be
excepted from this repealer and shall be deemed to remain the law
of Indian River County and are hereby incorporated by this
reference.
SECTION 17
INCORPORATION IN THE CODE OF LAWS AND ORDINANCES OF
INDIAN RIVER COUNTY
This ordinance shall be incorporated into the Code of
Laws and Ordinances of Indian River County and the word
"ordinance" may be changed to "section," "article," or other
appropriate word and the sections of this ordinance may be
renumbered or relettered to accomplish such purposes.
SECTION 16
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Secretary of State of the State of Florida
of official acknowledgement that this ordinance has been filed
with the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 15th day of
-16-
7V -
June, 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER =NTY
By
RICAARD N. BIRD
Chairman
Acknowledgment by the Department of State of the State of Florida
this 27th day of June , 1983.
Effective Date: Acknowledgment from the Department of State
received on this 6th day of July , 1983, at In -on
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVE S TO FORM AND
LEGAL S I NCY.
By / ✓ Cll�/
CHRIPOPHEIX/J. PAULL
Assistant County Attorney
-17-
STATE OF FLORIDA
INDIAN RIVER COUNTY
-THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
ORIGINAL ON FILE IN THIS
OFFICE.
/J F'R-EDD�A�WRIGHT, CLERK
BY
DATE