HomeMy WebLinkAbout2019-013ORDINANCE NO. 2019- 013
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, AMENDING CHAPTER 302, ANIMAL
CONTROL, INDIAN RIVER COUNTY CODE SECTION
302.02 DEFINITIONS AND GENERAL PROVISIONS; AND
SECTION 302.051 CRUELTY TO ANIMALS AND
DEFINING TETHERING DEVICES, PROVIDING FOR
CODIFICATION, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, healthy dogs need regular exercise and dog owners may not always
be able to provide fencing to keep their dogs on their own property while the dog enjoys
its time outside; and
WHEREAS, owners have utilized tethers, leashes or trolley systems as an
alternative to a fence to provide their animal with much needed outdoor time; and
WHEREAS, dog owners sometimes use improper tethering practices that are
harmful and hurtful to their dog resulting in animal neglect and/or cruelty; and
WHEREAS, the Board deems it necessary to provide owners guidance for
property tethering practices in order to protect the animal from inhumane conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
SECTION 1. AMENDMENT.
Section 302.02. - Definitions and general provisions.
35. Tether: A tether shall be defined as a trolley system, chain, cord, leash,
cable, or similar device which is attached to one or more fixed points to include, without
limitation, a house, tree, fence, post, garage, or shed, used to confine a dog or cat to
the owner's property and designated to be used for such purposes Meansa Fope, leash
that is attached to the
animal by a properly applied collar, halter or harness and configured so as to protect
the animal from injury and prevent entanglement with other objects and/or animals.
Sections 302.03-302.05 — No change.
Section 302.051. - Cruelty to animals.
(A) Pursuant to F.S. § 828.12, as may be amended from time to 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.
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ORDINANCE NO. 2019- 013
(B) The following are cruelty to animal violations under this chapter, and, pursuant to
F.S. § 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 any person:
To tether, impound or confine any animal in any place or place of protection from
the elements without water at all times and sufficient food daily except under
veterinary supervision; to keep any animal in any insufficient protection from the
elements to fail to provide protection from the elements, clean quarters, and
medical attention for sickly, diseased, or injured animals; or to abandon any
animal. However, this chapter shall not require the provision of protection from
the elements and clean quarters for livestock in open pasture.
To leave or deposit any poison or any substance containing poison, in any
common street, alley, lane, or road 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 any
person:
(1) To injure any domestic animal by any means and fail to notify the owner of such
animal, or, if the owner cannot be notified, then notice shall be given either to
an officer or the county 911 system.
(2) To tease or molest an animal.
(3) As an 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) As 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 this section may
enter the motor vehicle by using the amount of force which is reasonably
necessary to remove the animal.
(5) To Festrain an Unattended animal by moans of a nhoLer/tFa*ning nGllaF or tether
thaf is ten (10) feet or less in length for more than ten (IQ) Gensen::tive ho::ro in
anv E)ne (1) twenty _fo: rr_ heur neried
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ORDINANCE NO. 2019- 013
D. EXGepteens to tether Prohibitions: Except as set forth in 130) above and F below,
Aan animal may be exclusively restrained by a tether provided it meets all of the
following requirements:
(1) The tether is more than ten (10) feet in length, with swivels at both ends;
(2) The tether is properly attached to a pulley or trolley mounted on a cable that is
also more than ten (10) feet in length;
(3) The pulley or trolley is mounted at least four (4) feet and no more than seven (7)
feet above ground level in a manner so as not to interfere, or become entangled, with
objects on the property;
(4) The tethering system employed does not allow the animal to leave the owner's
property;
(5) The tether is a cable not greater than 3/16 inches in diameter and Tthe tether
does not weigh more than one-eighth (1/8) of the animal's body weight;
(6) The tether is attached to a properly fitting collar or harness worn by the animal;
and
(7) The collar or harness is not a choker collar.
E. It is not a violation of this part to tether an animal if it:
Is tethered in accordance with the regulations of a camping or recreations area:
Is being cared for as part of a rescue operation during a natural or manmade
disaster:
Is in attendance at, or participating in, any legal, organized publicly attended
event in which both the dog and the owner are permitted attendees or participants:
Is actively engaged in conduct that is directly related to the business of
shepherding or herding cattle or livestock or a related business of cultivating
agricultural products, as long as the restraint is necessary for the safety of the dog;
Is tethered, chained, tied or restrained by a veterinarian or groomer while
attending to the dog;
Is trained or being trained, to act in a law enforcement capacity
M Is being lawfully used to actively hunt a species of wildlife in this State, during the
hunting season, for that species of wildlife;
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ORDINANCE NO. 2019- 013
Is tethered temporarily while being kept in a bona fide humane shelter approved
by the Department or at a commercial boardingfy
(F) The following are cruelty to animal violations under this chapter that do not
require mandatory court appearances, except as otherwise set forth herein, for any
person to tether an animal:
for more than one hour between the hours of 9 am and 5 pm when the outdoor
temperature exceeds 90 degrees Fahrenheit.
if the animal is less than 6 months of age, however, an animal under the age of
six months old may only be tethered, if attended to by the owner, harborer or keeper,
during the entire time the animal is tethered;
if the animal is sick or injured.
if the owner has been issued a "letter of dangerous propensity" for that doq by
the Department, or if the doq has been declared dangerous in accordance with F.S.
Ch 767, or if the person responsible for the dog has knowledge of the dog's prior
aggressiveness, unless the tethered doq is in a fenced enclosure that will prevent the
public or domestic animals from coming in contact with the tethered dog.
(Ord. No. 2006-001, § 1, 1-17-06)
SECTION 2. CODIFICATION.
It is the intention of the Board of County Commissioners that the provisions of
this ordinance shall become and be made a part of the Code of Indian River County
and the word "ordinance" may be changed to "section," "article," or other appropriate
word or phrase and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be
codified.
SECTION 3. SEVERABILITY.
If any section, or any sentence, paragraph, phrase, or word of this ordinance is
for any reason held to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this ordinance, and it shall be construed to have been
the legislative intent to pass the ordinance without such unconstitutional, invalid or
inoperative part.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Florida Secretary of State,
whichever occurs later. This ordinance was advertised in the
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ORDINANCE NO. 2019- 0,13
Press Journal on the 7th day of June, 2019, for a public hearing, on the 18th day of
June, 2019, at which time it was moved for adoption by Commissioner Flescher , and
seconded by Commissioner Adams and adopted by the following vote:
Chairman Bob Solari
Vice Chairman Susan Adams
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
AYE
AYE
AYE
AYE
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 18th
day of June, 2019.
Attest: Jeffrey R. Smith, Clerk of
Court and Comptr"olller
�Deputvlerk 41&
Approved as to form and legal
sufficiency
William K. DeBraal
Deputy County Attorney
INDIAN RIVER COUNTY, Fkt.R]b
by its Board of County CorrtrssioCD
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Bob Solari, Chairman •:��vey PNa
ACKNOWLEDGMENT by the Department of State of the State of Florida, this 1 gth day
of June , 2019.
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