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HomeMy WebLinkAbout1991-5110/23/91(DOCS1)LegAI (Ob) ORDINANCE 91-,51- AN 1=-51AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, ADDING A NEW CHAPTER 302 - ANIMAL CONTROL AND KENNEL REGULATIONS. WHEREAS Ind Van -Ri-ver--Caunt-y i-s---ir> th"rae_-ss-of mcting a new code of Ordinances, and WHEREAS, this ordinance has for its purpose the editorial transfer of the regulations governing Animal Control from the oi.d`.code to the new code -.with Kennel Regulations to be by a later ordinance, NOW., THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS. -OF INDIAN RIVER,COUNTY, FLOBI,DA that,: SECTION 1. NEW CHAPTERT A new Chapter 302, Animal Control and Kennel. Regulations, as set forth in Attachment "All to this ordinance is hereby adopted. SECTION 2. REPEAL Those portions of— theme nndiian RiverCounty 1474 -J --supe rseded or--in-confii7 ct -w i-th- e- prov i s ions herein adorpted-,-4ri-particular Chapter 3, a -re -hereby repealed. SECT_ION 3.. SEVERAB ILI1_l_, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect. the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective on becoming law. Approved and- adoptee by - the--BoaH .. of County Comm i ss i o n e r s -o f Indian -R i yer-Coon ty�-Fi o ri da—on-thi-s--N day of _December1_.891: SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:48 - OfficialDocuments:649, Attachment Id 0, Page 1 This ordinance was advertised in the Vero Beach, Press -Journal on the day of: November 1991., for a- public hearing to be held on the 17 day of December 1991, at which . time it was moved for adoption by Commissioner Scurlock , seconded by Commissioner Eggert a d-adept-ed--b�—the fo-I-l-0w+ng-v©# Chairman.Richard N. Bird Ayg_ Vice Chairman Gary C. Wheeler AXe_ Commissioner Margaret C. Bowman Aye _ Commissioner Don C. Scurlock, Jr, Aye__ •.Commissioner Carolyn K. Eggert; .Aye__ BOARD OF COUNTY COMMISSIONERS ATTEST: INDIAN RIVER COUNTY, FLORIDA By By �� Jed reY .'flan n ' r R_i�hard-._Bi_rd Cl e;rk ( Chairman Acknowledgment by the Department of State of the State of Florida; 'this 23rd day of December 1991, Effectivedate: Acknowledgment from the Department of State received on this 26th day of December 1991, at 11:00 a7 w p m and -f 11 R—rn—th e a Ttt e- -e r k -.o f the --8 of --County Commissioners of Indian River County, Florida. 2 SmeadSoft Reprint Date: Friday, August 23, 2013 - 15:18:48 - OffcialDocuments:649, Attachment Id 0, Page 2 Indo Aiver Ca Approved Dale Admin. 1I-6-4� legal Q _ Budgei Depl. _�„9 I ' — Fisk Mgr. — ATTACHMENT "A" 302. PART I. ANIMAL CONTROL Section 302.01 Short title This chapter may be referred to and c-Lted--as the "Lrid-lan River County Animal Control Ordinance" Section 302,02 Definitions As used in this chapter, the following terms shall mean: Animal: Generally, any living creature lacking the power of -speech, capable of self -locomotion, but if the context requires, may refer to only a dog or cat, or both. Animal control authority: Refers to one or more or- 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 at, hild con t ro I or regulation under—the terms of th' chapter. Bite: An action whereby an animal physically breaks the skin of another animal or human with its teeth or jaws. Cruelty: Any act of neglect, torture, or torment that causes the unjustifiable pain or suffering o animal. Designated ii recognized River -County a n r ma-rs . )undment facility: Any facility designated or the board o county commissioners of Indian or the purpose of impounding and caring for Enclosure: Enclosure shall mean a fence or structure at least six feet in height forming or causing an enclosure s 'tabic prevent he injury of young children, suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping the enclosure, 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. Humane Society: -Shall mean _the Humane-Soci_e-ty of—V-er-o Beach, Inc.,--or--any association, organization or corporation. whether for profit or not, which pursues substantially similar goals and objectives. SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:48 - OfficialDocuments:649, Attachment Id 0, Page 3 Livestock: Shall be construed to mean horses, muA-s, ca-ttFe, sFeep goats, swine and other grazing animals. Nonresident or temporary resident: Any owner of an animal reg- - - ---apter do=" ot reside within Indian River County for longe_r__th-an four (41—months out of -any given year. Owner: Any person, partnership, or corporation owning, keeping-, or harbortng._o_ne or more__animaIs, including any custodian or other person in charge of an animal. An animal shall be deemed to be harbored if it is fed or sheltered for five (5) consecutive days or more. Public Nuisance Animal: 1 : Anyan i+ma-I wh i -ch : a. Attacks passersby or passing vehicles without provocation; b. Attacks other animals; C. Is repeatedly at large or not under restraint; d. Damages private or public property; e. arms, whines, or howls in an excessive, continuous fashion so as to disturb adjacent residents; or such as overturning garbage cans, defecating, digging holes on other than its owner's property, or such other acts as are generally regarded to create an annoyance. Restraint: An animal shall be considered under restraint only if it is: 1. Within the real property boundaries of its owner, or of any other person with the express permission of that person, or 2. 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 c -m ala r- e—Vc-e-. Sterilization: The process of rendering permanently incapable of reproduction, 2 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:49 - OfficialDocuments:649, Attachment Id 0, Page 4 Tattoo: Tattoo shall mean any permanent numbering of a vicious dog by means of permanent ink with the license tag number issued to the vicious dog, or any other permanent acceptable method of tattooing. Vicious—Dog: Vic i ous—clog-ha-Ll mean: a. Any dog which, when unprovoked, approaches any person in apparent attitude of attack upon the st ree-ts,s! dewa I ks, —or--any--pub I i c grounds o places in a vicious or terrorizing manner; or b. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or C. Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation on public or private property; d. Any dog owned or harbored primarily or in part for the purpose of dog fighting. Section 302.03 Annual vaccination and licensina requ'trement�r� After the effective date of this chapter, 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. Pt`o , _ _ _Sect'wance and renewal of license 1. On or between June 1 and September 30 of each calendar year, every person subject to the requirement of Section 302.03 shall make written application to the Division of Animal Control for issuance or renewal of a license. Each application shall provide the app Iicant Is 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,—s--i-e,—reproduct+ve—sta-tus; and dat-e—o-f b_i-r_t-h or age. I-na_ddi t i on, an app_Li cant shall provide proof of vaccination for rabies, administered by a licensed veterinarian within the 3 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:49 - OfficialDocuments:649, Attachment Id 0, Page 5 twelve—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 nation, —tire manufac tu rer , serial number of vaccine used. A certificate shall not be 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—fol lowing September--3-0 o_f_an"_i_uen year, the owner shall have thirty (30) days thereafter in which to make application for a license as required above. 2. Any license issued shall be valid until September 30 of the following calendar year an shall be renewed by repeating the above application procedure. 3. The board of county commissioners shall by resolution adopt a schedule of fees. Said fees to be collected from each applicant prior to issuance or renewal of a schedule may provide a range- of fees based upon r_eproducti-ce tatus-,--timelinessof 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 doa used for law enforcementuurrposes. 4. If an owneris seeking to have an animaF—Ficensed 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 perTormed 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 e i ther 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 licensed as a sterilized or nonreproductive animal. 5. Upon proper application and payment of fees, Division of Animal Control 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 shad—Ir--be a-f f iA ed— o r a-ttach a d to a du r- a b-I-e— and— we+i f1tting co liar 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. SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:49 - OfficialDocuments:649, Attachment Id 0, Page 6 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 wi-thin which to omply with t equfrements o this chapter. 7. The Division of Animal Control, upon approval by the Director of Emergency Services, may enter into c o n t r -a rt a ai r r a n g eme n t s uwi th a-n-y-A_i_c e n s e d-vete-ri_na-ri-a-n in this county to serve as its agent for the purpose of licensing animals under this chapter. 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. 8. The Division of Animal Control 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 -s-read 'con-thnmsly _avai_I_a I_efo_r anima) oo-n-tr-o1_au-thor_i_ty pur-poses 9. Licensing provision of this chapter shall not apply to: a. Any owner who is a nonresident or temporary resident, as defined, provided that the owner's dog or cat ah s been vaccina ao�bies 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 restra int -s -Irl -i -gat ions sha I I apply; or b. 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. Sectionr--3fl3.05 Additional ownership responsibiFrt*er Notwithstanding compliance with section 301.03 and 301.04, above it shall be unlawful and subject to all penalties p r ov+ ed- be -low for t h-e--ower--o-f any -dog- o -r -cat to fa comply or cause comp] _lance with -any or -al -L --of the f -o lowing obligations: 1. Keep each such animal under restraint, as defined. SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:49 - OfficialDocuments:649, Attachment Id 0, Page 7 3. 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 ---tha"hat of -its- owrr 'rga-'include hu-tnot be I i m i ted _t -o a. The prompt removal of feces of such animal from public walk, rights -of -ways, park or recreation a -r -e s_r-beaches �o_r other p_ub I i c— r o p e r t -y-, o r fr-om 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 reasonab-1-e 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 b,. ha v i ors-- o -r C. The abatement of unsanitary conditions characterized by emission of odors, breeding or habitation of insects rodents or other vermin, or similar indications. 3. Keep a�ema a dog or cat wh i cKi i s known or 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 contract with another except or planned ree ing purpose -s-. 4. Keep any vicious animal, following a formal determination of that status in accordance with Sect'ons 302 .09 and 302.10`ononf__i_n thin a bui Iding 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 county as required by the animal control division, 5. It shall be a violation of this chapter for any person to impound or confine any animal in any place without sufficient food and water daily except under veterinary supervision; to keep any animal in any enclosure without providing sufficient exercise and adequate eM-i I a i -on; to fail she [-ter from the weather. clean Cqua_rt-e--rs, and medical attention for sickly, di-seased, or injured animals; or to fail to inoculate the animal against rabies as required by this chapter. However, this chapter shall not require the SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:50 - OfficialDocuments:649, Attachment Id 0, Page 8 provision of shelter from the weather and c -lean quarters for livestock in open pasture, 6. It shall be unlawful for any person to leave or deposit dily puibull or any substaryce containing poison, in any common street, alley, lane, or throughfare of any kind, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person. It s h a l l b-eun l aw f u -Ifo for cat, or livestock by any owner of said animal, the report the incident to th any _pis_on- i_nj ur i ng any- dog, means, to fail to notify the animal control officer, or to County 911 System. 8. It shall be unlawful for any person to tease or molest an animal. 9. It shall be unlawful for any operator of a motor vehicle to allow an animal to occupy any unenclosed section of that vehicle without restraining and securi-ng theanimal mannerwhich does not present _a danger to the anima f or -to athers Section 302.06 Animal control authority; general ------------- --------------------------------- powers; agents for enforcement of crueTty to animal -statutes---- -- 1. There is heresy estabrishelc' an animal con rol aut ority 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 y this chapter. Me board of county commissioners shall by resolution designate the composition of the animal control authority and the primary function or service to be provide by each component. The county administrator or his designee shall designate an individual to b"-nown as the-an-imal control director, who shall be charged with the coordination and administration of all animal control authority activities. 2, The animal control authority is hereby authorized to receive, capture, pick up, and impound any animal running or roaming at large, including any dog or cat not properly restrained vaccinated or licensed as required by this chapter, or believed to be a stray, or believed to have rabies or other infectious or con-t-ag-i ous-d-i-s-ease —,and toga ke- a -H- s t-eps-nee e ss-ar-y and lawf_u_I to irLl_tiata_ and -p violations of this chapter. SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:50 - OfficialDocuments:649, Attachment Id 0, Page 9 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 administrative 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 cruelty to animals, are hereby incorporated as provision of this chapter, and a violation thereof shall be deemed to be a violation of this chapter, subject to all penalties and enforcement alternatives provided below. u Upon recommendat-ion by the county administraW o-rha , designee, the board of county commissioners, by resolution, and pursuant to the authority of section 82V.17;Florida—Statutes, may approve appointmentof one or more animal control officers to enforce the provison of this chapter. Any animal control officer appointed and approved by the board of county commissioners, or any law enforcement officer as defined i -n F-I�rA-da---Stat u -t e s, section 9 41.1 -0 -"-mss h a l l be referred to herein as officers and 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 has occurred may be the result of the officer's own investigation or as --the- resuW-o-�a compl-ai-ruby a^ aggrieved person. Section 302,07 Impoundment and disposition 1. Any animal received or taken into custody by the animal control authority 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 facility. 2. 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 contracting the registered owner at the SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:50 - OfficialDocuments:649, Attachment Id 0, Page 10 address on --f i le wit -h the county, unless the person notifying the owner has actual knowledge of more accurate information. -hereby3. The animal control dUthUF i ty is 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 upon Ger-U-fl-cat [on by ---attend i ng ve-te-r- i na r i -a -n 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- be I i -vel -o be infected with rabies or any infectious disease shall be segregated or quarantined as provided below in section 302,08, and all additional costs associated with such rrdi i ng and—treatment add i na l fee payab_I_e by the owner—prior to the r_edempt_i on -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 isposition ofsai_d`__anima . 4, 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 con ro authority upon payment of accrued impoundment fees, actual veterinarian charges, and any other applicable fees, fines and penalties which may have been assessed. Impoundment fees shall be assessed at the per diem rate established by resolution of the board of county ne . 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 chapter, prior to the redemption of any dog or cat. If an impounded animal requires nati-an i -nerd e r --to be I i c e n s ed -redeemed, the owner sha I -I -prepay a vacc i nat _on 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 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:50 - OfficialDocuments:649, Attachment Id 0, Page 11 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 302.04 within the five-day period following emp be- de-emed to have th violated this chapter. The administering veterinarian shall be reimbursed upon presentation of the receipts to the county for the costs of the vaccination, however, not to exceed the amount the prepayment made. 5. Except for any animal undergoing quarantine pursuant to section 302.08, 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. Ihe animal—control -author i ty--s hereby—au-th-ar i zed -t dispose of the animal by adoption or destruction through euthanasia as it deems most humane, in its sole discretion. Adoption fees shall be collected at the ate estab hedby —the- d mpoundmen fac_il_i ty, but i nany event-, no door cat sha I I 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 longer period. An agreemen to s er i7 i ze sha robe securedby depos i 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 sterl-Fized. Untilsuch anlimal 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 .�r...rn�nn Il..n., ....nnf of �+n... I ire+in.. +Hn fliaicinn of Animal Control is authorized, if requested by the owner, to refund any portion of the current year's paid licensing fee attributable to the previous unsterilized status of the animal, as if said animal had been neutered or spayed for the entire year. All provision herein pertaining to the sterilization of adoptive animals shall be interpreted consistently with the legislative policy and requirements set forth in Florida Statutes, Section 823,15, as may be amended, governing sterilization of animals released from animal n-tr--I stip I-t-e-rs or agencies. 10 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:51 - OfficialDocuments:649, Attachment Id 0, Page 12 ection 302.08---RaT�'ies control; ql uaranfNe o certain animal 1. It shall be the lawful duty of any owner of an animal within Indian River County whlch_has bitten any person or -o -t -h er a ri i ma I, or wh i c h -s- b el- i-eved t -o- ave- r a b i e s, to surrender s-uch animal to the ani -mal control authority upon its request. It shall be the lawful duty of any person haven' g knowledge of an animabi e or exposure -off a human -o -r anima I -o-a k-nown ra id animal to report same to the county health department. 2. Upon impoundment of any animal involved in a biting incident under the above-mentioned circumstances, such animal shall undergo a ten-day quarantine period under direction of the county health department. Such anima s sha not be. released or removed fro qu a r -an at i-ne unLes-s a u t h o r i -zed by the coun ty hea-i t director. If the animal dies or exhibits further unusual symptoms, the county health department shall be not i� eid— n d. at -e I 4u ---a n i ma I -whtc h die s --du r 1 quar-a-atine of as a-resultsf--suspected- rabies -sha-L be removed from this county without the authorization of the county health director. a -_'or-any doh- or cad havtng a_cur--r-e_nt rabias vaccination in accordance with this chapter the county health director may approve quarantine at home- o r- a no t he r a-cc-eptabi-e l-G"t!on bes-ides-the des-ignated -impoundment f.�M_t_y. b. For those dogs and cats not having a current vaccination-, qua rant-ine sha-H be -a -t --the designated impoundment-'a_ci-Li twincr-or-dan-ce wit -h --recognized quarantine procedures established and approved by the county health department. Quarantine in the o s p i t a l -of�--au i c e n s e d-ve ter-'rn a r -i -at -a -t -the- expense of the owne-r shall -be a1J_ow-ec as -an_aLtarrati-vim. In the absence of either alternative, the county neaitn director may approve quara othe-r-feasible location. AM C. 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 Captive wFI-d anima -I -s- i n -z-oos , t ou r i s t and private homes-sha-LLbe eval ua ted in accordance with their history exposure Tor rabies. 11 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:51 - OfficialDocuments:649, Attachment Id 0, Page 13 �or rabies. -a-ttractions Lndividually of possible 3. Nothing in this section shall be construed as -requ-iring or authorizing treatment of known or respected rabies cases contrary to the provision of Florida Administrative Code Chapter 1OD-3.091, as it may be a ended from time to time. 4. Notwithstanding any section to the contrary, the Director of Emergency Services or his designee is authorized to take any action necesseary to carry out he p-rovi-s-i-ons of Secta_an 10D -3-091J-2-) FAC_i f the state agency primarily responsible for that activity is not carrying out the requirements of said section. Section 302.09 Determination of vicious dog 1. In the event that any officer has probable cause to et i eve a dog rts v-'Fci ous, he sha I 1--conduct--an investigation. If the officer is satisfied after such investigation that the dog is vicious as defined in this chapter, he shall declare the dog as a vicious dog arid properly notify the -owner ofthedog in writing such dec l a -rat -i -on-. I f _a dete-r_min_atl on hasbeen made that a dog is vicious, the owner shall comply with the provision of this section within thirty (30) days of such determination. If the owner of the dog contests within five (5) days of such determination, declaration of viciousness to appeal the rector of Department of Emergency Services byway of written notice. The Director shall decide the issue based upon the preponderance of the evidence. If the Director determines that the dog is vicious, the Director may establish a time schedule to ensure compliance with this chapter in no case more than fifteen (15) days subsequent to the Director's determination, All the determinations of the Director shall be in writing, finding of facts supporting the determination. The determination of the Director may be appealed to the Code Enforcement Board of Indian River County, Florida, by any owner receiving an adverse determination from the Director within the time period prescribed by general law. However, the Director shall have the right to declare a dog to be vicious by reason of any subsequent actions of the dog. 2. Not withstanding the definition of "vicious dog", as provide in this chapter, no dog may be declared —vie i ousi man-injuryo-r-damagei-s- sus to i ned-by—apeeson who, at the time that such injury or damage was sustained, was committing a willful trespass or other 12 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:51 - OfficialDocuments:649, Attachment Id 0, Page 14 tf 1 tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. No dog may be declared vicious if an injury or amage—was — susta+ned--by a—domes t i e --anima l which at the time such injury or damage was sustained was teasing, tormenting, abusing or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediatev-i-cinity of the dog from aauni_ustified attack or assault. 3. No vicious dog shall be licensed within Indian River County unless the owner and keeper of such vicious dog shall meet the following requirements: a. The owner or keeper---,halI present to the County Animal Control Division proof that the owner has procured I i ab i I i ty insurance in the amount of at least one hundred thousand dollars ($100,000.00), covering anydamage orinjuryfused by such vicious dog during the 12-mont_h__period for which licensing is sought. b. The owner or keeper shall at his own expense have the registration number assigned to such vicious dog by the Animal Control Division tattooed on such vicioousby a veterinarian or other person trained as a tattooist. The tattoo shall be placed on the inside right thigh of the vicious dog. C. The owner or keeper shall also, at his own expense, purchase 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 shat I be to provide imeed-i ate identification to the Animal Control Division and the public at large that the dog has been declared vicious. d. The owner or keeper shall display a sign on his premises warning that there is a vicious dog on the premises. Said sign shall be visible and capable of being read from the public highway or street. e The keeper of � 'nrr do m at al 1 yy . The t c.�i'drnrc �o-i -n= ccp�-r-v--i -a--`mac vicious �ru�� tcr�� times ensure that the dog is securely-- conf i ned indoors, or confined in an enclosure as defined herein. At any time that a vicious dog is not so 13 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:51 - OfficialDocuments:649, Attachment Id 0, Page 15 con 1ned, t eod g sKaFF-be m zzu ec�itha wire basket - type muz-rl-e-Fn-suc-ham manner -s-to p-reven- i t from ba_ti-ng ot__inj-u-ri-ng-any person or animal, and kept on a leash with the owner or keeper in attendance excepto�he fo ll owing exceptions: t. An exception of this section is hereby provided for any vicious dog while being transported within the cab or passenger po-r t -ion o"ny mot of rteh-i c fe ; pr ov-i ded sa-Vd vehicle has a roof, and the dog is incapable of escape through an open window, however, the dog shall be muzzled with a wire basket -type muzzle in such a manner as to prevent it from biting or injuring any person or animal. f. The�---owne-r—o-r ke epe-r s -ha -I-1 s -i -g n a-st atemen t attesting that: 1. h - owner ar keeper steal -I ma-mt a-im- and -no t oa-untari-["ancell- themAab-i-A-i-ty rosurance required by this section during the 12 -month period for which licensing is sought, unless fie--owner--or-keeper hal-I cea -t o- own- or keep t -h -e 0- i-ous clog lar t-0 tK"xpir- -ion of such license, 2. the- owner- or- keetser sha-H ; ar or pri-or t -o the e-f-fect-i-ve dat-e ( f -such lj�ense_for_ahich application is being made, have an approved enclosure for the vicious dog on the property where - the �e -v-'rc ous d-og wfiH be kep t ma i nt-ai n ed . 3. The owner or keeper shall notify the ounty -Anima-1 C -antro -1 D-1-v7-si-on-of any can a e-H-at+o , modlf _ic_at-i o -n exp-irati_Qn o ermfnati_an f the liability insurance policy required by this section. 4. The owner or keeper sha I I not! fy the County Animal Control Division immediately if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being, or has died or has been sold or given away. If the vicious dog has been sold or~g-i-ven away, -he owner or keeper-ha1-1 alio pr-ovid"o- he Division the name, address - _and telephone number of the new owner of the SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:51 - OfficialDocuments:649, Attachment Id 0, Page 16 g. The Div-ision or any officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this section, and the Division or any officer is hereby empowered to be i ze and—fmpound- any vicious dog whose owner or keeper fails to comply with the provisions hereof. In the event that the owner or keeper of the dog refuses to surrender the animal to the Division or officer, a search warrant may be obtained from -the circuit court and the—dog may be seized upon execution of the warrant, 4. The provisions of this section shall not apply to canine dogs owned by a law enforcement department while such dogs are engaged in the scope of law enforcement duties. 5. Any vicious dog which does not have a valid license in accordance with the provisions of this section or whose owner or keeper does not secure the liability insurance fit@rage r@W1-redin accordance—with this section, which Ls no -t ma_i_nta Wined on property wi_t_h an enclosure, or which shall be outside of the dwelling of the owner or keeper, or outside of an enclosure, or which is not tattooed, shall be confiscated by an officer and disposed of in a humane manner after written notice is provided to the owner that such dog has been confiscated. 6. If any vicious dog shall, when unprovoked, kill or wound or assist in killing or wounding any domestic animal or attack, assau , wound, bite or otherwise injure or kill a human being, the officer is empowered to issue a citation or to impound the dog and after written notice to the owner and expiration of the 120 -hour waiting period to dispose of such vicious dog in a humane manner. 7. No person shall be charged under this section unless the dog, prior to the offense alleged, shall have been declared vicious pursuant to the provisions of this section. $: If the own ercrr keeper of a dog which h as been impounded under this section shall believe that there has not been a violation of such sections hereof, the owner or keeper may file a petition for injunctive l i e fes; she C+mu i -t -Co a rt -o faha Id i ne ee,n th-mud-i c a' Circuit in and for Indian R_i_v_er County, FLori_da_, that the impounded dog not be destroyed. The petition must be filed within the five (5) days of owner's receipt of 15 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:52 - OfficialDocuments:649, Attachment Id 0, Page 17 notice of impoundment of the dog, and notice of the petition must be timely served upon the Animal Control Division. The officer or the Division shall have the right to declare a dog to be vicious for any action of the dog subsequent to the date of the violation in question. If the circuit court shall find that there has been no violation of this chapter, such dog shall be released to the custody of the owner or keeper, 9. In the event that the owner or keeper of a vicious dog is a minor, the parent or guardian of such minor shall be responsible for complying with the provisions of this section and shall be liable for all injuries and property damage sustained by any person or domestic animal caused by unprovoked attack by said vicious dog. Se -c -t [on 3-02 -1-0 Unlawful for livestock t -o r -un a -t- large; � -- --------------mals ------------ harboring wild animals. It shat -1 be--wiawfu-1—for-any Iivestocir to r -un t large within Indian River County, Florida. It shall be unlawful to keep any wild animal in violation of the provisions of Chapter 372, Florida Statutes, and regulations promulgated by the Florida Game and Fresh Water Fish Commission. Section 302.11 Duty of livestock owner All persons, firms or corporations owning livestock are hereby required to keep and prevent the same from running or roaming at large within Indian River County, Florida, by keeping and maintaining them within good and sufficient fences and enclosures. Section 302.12 Code enforcement board ------------- --------------------- participation 1. The code enforcement board of Indian River County is hereby recognized and designated as an administrative hearing board for the purpose of assisting with the enforcement of this chapter. 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, conclusi-ons of law and assessment of penalties and fines provided by this chapter. 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. SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:52 - OfficialDocuments:649, Attachment Id 0, Page 18 SmeadSok Reprint Date: Frida 2 The board may hear and determine e following matters. a. An alleged violation of any of the provision of this LhdWter. b Dangerous or vicious animal determination appeals upon request of the owner in accordance with section 302.09. Section 302.13 Enforcement options The animal control authority shall, whenever an owner, person, or animal is deemed to be in violation of this chapter in any manner, take one or more of the following steps, as deemed most appropriate to achieve the desire result: 1. Impoundment of such animal with notification, redemption and disposition, to be pursued in accordance h - t h -i -s --eh a p t -e -r. 2. Initiate an action for determination of a violation by the code enforcement board as provided above, the county court when the officer has probable cause to believe that such person as committed a violation of the Indian River County animal control ordinance. A citation issued by an officer for violation of the Indian River County animal control or finance s a c,on t a i n t -he f o -I -I ow [ng i n f o rma t -i -on a. The date and time of issuance h The n and address emf 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 f. The name and violated. authority of the officer. g.The procedure for the -person to follow in order to pay the civil penalty or to contest the citation. 17 August 23, 2013 - 15:18:52 - OfficialDocuments:649, Attachment Id 0, Page 19 i h. The applicable civil penalty -ff t- e person elects to contest the citation. i. The applicable civil penalty if the person elects not to contest tile CitdtiUrl. j. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or if fails to appear in court to contest the cita_t1e-n_, then he sha_I_I be deemed—to have weLved his 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 notice giving the date and time the person must appear in court if the person fails to pay th_e c-[v-iI penalty. 4. Impoundment shall be mandatory regardless of the means chosen by the animal control authority to prosecute a particular violation t n any c�3"which nonimpoundment c_an be reasonabl-y expected to resu_It in immediate and substantial destruction of life or property or otherwise adversely endanger the health, safety and welfare of the public. Section 302,14 Interference with animal control ' authority unlawful "-'- It shall be unlawful and a violation of this chapter, subject to all penalties herein, for any person or persons to interfere with, hinder, resist, obstruct or moiest any representative 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 first having complied with the ed mption requirements of this chapter, to see -k 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 302.15 Right of entry upon private property for en-------------���---------------- torcement The iN the clut-i-es i-mposed by t+r' chapter [ncluding--j_nvestigati_on o_f possible vi_ola_ti_on-S and enforcement of any provision, the animal control authority and any representative thereof officially charged with 18 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:52 - OfficialDocuments:649, Attachment Id 0, Page 20 carrying out such duties are hereby empowered 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 I icense tag of such animal be exhibited to such 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 suspected of biting or scratching any person, or anv anima-l—infected—D-r showing suspicious symptoms of rabies, animals in need of immediate medical attention including cruelly treated animals, vicious animals not propertly 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 ones property as authorized y this section shall-6e—unlawful a-nd a—v-i-0-I-a t i an o-f—th!-s chapter-. Any s u c h 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 302_._16 Penalty provisions 1. Any violation of this chapter, constitutes a civil infraction and may be punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation of specific sections of this ordinance shall lie established by resol-ut-lon of the-Board--of—County Commissioners. 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, a to exceed five hundred doll -ars ($500.00). Each day or fraction thereof during which the violation continues shall be considered as a separate offense. Pursuant to Chapter 828.27, Florida Statutes, the board of county comma &s i overs -%-hall impose and col 1 art a surcharge of two dollars ($2.00) upon each civil penalty imposed for violation of an ordinance relating to animal control or cruelty, The proceeds from such surcharges shall be used to pay costs of the minimum standards training course for animal control officers. The board of county commissioners may enforce the provisions of this chapter by seeking injunctive relief or any other remedy available by law. 2. Any person who willfully refuses to sign and accept a citation issued -by --an o-ffi.eris declare obe guilty of a criminal offense and misdemeanor within the meaning of section 775.08, Florida Statutes, and punishable as provided by law, W11 SmeadSok Reprint Date: Friday, August 23, 2013 - 15:18:53 - OfficialDocuments:649, Attachment Id 0, Page 21 3. It shall be a violation of this chapter for any person to knowingly hinder, resist, or oppose any officer or employee ot the animal control ivision in the performance of their duties under this chapter or to knowingly interfere with any animal trap set by such officers or employees or to molest or release any animal caught therein. Section 302.17 Applicability This chapter shall be applicable to all of Indian River County lying within -or outside any municipality, unless such municipality adopts an ordinance inconsistent herewith, in which case the municipal ordinance shall prevail. Section 302,18 Designation -and -duties -of -animal control ------------ authori�ponents comprised of the following designees, 1. Animal Control Director: The primary provider of violation; coordination of the communication among and functions provided by the other components of the animal control authority, 2. Director of Emergency Services: The Animal Control Director shall report directly to the Director of Emergency Services. The Director of EMS shall review and affirm, deny or modify all decisions of the Animal Control Director that are appealed. 3. The Humane Society ofVeroB—each, Inc.: To serve primarily as the provider of the designated impoundment and housing facility and to administer all adoption services for animal impounded pursuant to the chapter. u, --The off -i e- of- th€ sheriff oT Indian River Count y: prove e patroT,�capture and delivery capability in addition to and support of that provided by the animal control director or his designees; to insure notices to appear invoking county court jurisdiction in appropriate cases and to assist with service of code enforcement board notices at the request of the animal control director, if necessary. 5. The environmental health section of the county health department hisecti son is primarily responsible for control, biting incidents, and quarantine on animals. The County may participate pursuant to Section 302.08(4) of the Code. 20 SmeadSoR Reprint Date: Friday, August 23, 2013 - 15:18:53 - OfficialDocuments:649, Attachment Id 0, Page 22