The URL can be used to link to this page

Home My WebLink About1990-0232/14/90(SPB02)SPB/b RESOLUTION NO. 90-23 A RESOLUTION OF INDIAN RIVER COUNTY PROVIDING FOR: ESTABLISHMENT OF CIVIL PENALTTF�Fati SPrTTFTC_SFFT I ONS aF-TRF-ARTIW{L-�aATRbL-�6TA7{AFF . WHEREAS, the Board of County Commissioners of Indian River County pursuant to Florida Statutes Chapter 828.27 has adopted an animal control ordinance which provides for the Issuance of citations to persons who have committed civil Infractions in violation of the duly enacted ordinance and which provides that the Board may establish civil penalties up to $500 for violation of provision of the ordinance, NOW, THEREFORE, be it resolved by the Board of County Commissioners of Indian River County, Florida, as follows: 1. The County does hereby adopt the following schedule of civil penalties to be imposed for violations of specific sections of the animal control ordinance; CODE SECTION DESCRIPTION_ OF VIOLATION 1ST 2ND 3RD Sec. 3-3 Failure to vaccinate, license, collar or harness $25 $100 $200 Sec. 3-5(1) Failure to keep animal under restraint $25 $50 $75 Sec. 3-5(2) Animal creating nuisance $10 $25 $75 Sec. 3-5(3) Failure to confine female dog or cat in heat $25 $50 $100 Sec. 3-5(4) Failure to confine or restrain vicious animal $100 $200 $300 Sec. 3-5(5) Failure to provide adequate care to animal $25 $50 $100 Sec. 3-5(6) Exposing poisonous substance in common area or property of another $100 $200 $300 Sec. 3-5(7) Failure to notify owner or authority of injury to animal $25 $50 $75 Sec. 3-5(8) Teasing or molesting an animal $25 $50 $75 Sec. 3-5(9) Failure to properly confine or restrain animal in pick-up truck $25 $100 $200 Sec. 3-6(c) Violation of provision of Chapter 825, F.S. $50 $100 $200 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the establishment of civil penalties for specific sections of the animal control ordinance be provided. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Wht!eTBPr-------- '- ___--_ and upon being put to a vote the vote was as-1'oTTows- Chairman Carolyn K. Eggert ___fie Vice Chairman Richard N. Bird ___Aye Commissioner Margaret C. Bowman —fie Commissioner Don C. Scurlock, Jr. _fie Commissioner Gary C. Wheeler _e The Chairman thereupon declared the resolution duly passed and adopted at public hearing held this 20th day of February , 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. By lc 'Ial5e-� CaroTyn.- Eggert, airman By _ e ey IF. Barton, Clerk �..0 . Indian River Ca ( Approved O�te I Admin. Legal tiudget Sec. 3-9(c) Failure to comply with Jam- vicious dog licensing and maintenance requirements $100 $200 $300 Sec. 3-10 Livestock running at large $20 $50 $75 Sec. 3-10 Keeping wild animal In violation of F.S. 372 $50 $100 $200 Sec. 3-14 Interference with animal control authority $50 $100 $200 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the establishment of civil penalties for specific sections of the animal control ordinance be provided. The foregoing resolution was offered by Commissioner Scurlock and seconded by Commissioner Wht!eTBPr-------- '- ___--_ and upon being put to a vote the vote was as-1'oTTows- Chairman Carolyn K. Eggert ___fie Vice Chairman Richard N. Bird ___Aye Commissioner Margaret C. Bowman —fie Commissioner Don C. Scurlock, Jr. _fie Commissioner Gary C. Wheeler _e The Chairman thereupon declared the resolution duly passed and adopted at public hearing held this 20th day of February , 1990. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. By lc 'Ial5e-� CaroTyn.- Eggert, airman By _ e ey IF. Barton, Clerk �..0 . Indian River Ca ( Approved O�te I Admin. Legal tiudget Deg 1. 2-I Q Risk Mgr. Jam- 1/17/90(SPB02)LEGAL(SPB/nhm) ORDINANCE NO. 90- 5 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 3-2, 3-5, 3-10, and 3-16 OF THE INDIAN RIVER COUNTY ANIMAL CONTROL ORDINANCE OF THE INDIAN RIVER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR DEFINITIONS; PROVIDING FOR OWNERSHIP RESPONSIBILI- TIES; PROVIDING FOR PUBLIC RESPONSIBILITIES; PROVIDING FOR VIOLATION FOR UNLAWFULLY HARBORING WILD ANIMALS; PROVIDING FOR ADOPTION OF RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA SETTING FINES FOR CITATIONS FOR VIOLATIONS OF THE INDIAN RIVER COUNTY ANIMAL CONTROL ORDINANCE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION IN CODE; AND PROVIDING FOR EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County that Chapter 3 of the Indian River County Code of Laws and Ordinances is hereby amended as follows: SECTION 1. Section 3-2 (Definitions), Code of Laws and Ordinances of Indian River County, is hereby amended to add the following definitions: Enclosure: Enclosure shall mean a fence or structure at least six feet in-Lj.LqIjL formin uji[jq an enclosuresuitableto prevent the injury of -young -children, andsuitableto confine a vicious-do2_1n conjunction with other measures which may- be taken —by -the- owner or keeper_ such as tethering of the vicious doh _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. Owner: Any- person _ partnership, or corporation ---------------------------- ----- ownin , kee incl, or harborin one or more animals, includin ----------p---------------91----------re ani--------------� CODING: Words intype are deletions from existing law; words underlined are additions. 1 ORDINANCE NO. 90 - any custodian orother-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. Any animal which_ a. attacks passersby or _passing__vehicles without_provocation; restraint; b, attacks other animal; C. is _repeatedly__at large or not under d, damages private_or_public_property_ e. barks, whines, or howls in an excessive, continuous fashion so as to disturb adjacent residents; or f._ causes -an annoyance in -the neighborhood_by acts such as over turning -garbage cans, defecating-, digging holes on other than its owner's property__or such other acts as aregenerally regarded to create an annoyance. Crueljy: Any -act of neglect, torture, or torment that causes_ the unjustifiable pain _ or sufferingof an animal. Tattoo: Tattoo shall mean -any -permanent numbering of a vicious dog bar means of permanent ink with the license tai number _issued _to_the vicious dog__or_any_other_permanent acceptable_ method of tattooing_ ---------------- Vicious Dog: Vicious dog_shall mean: a. Any-dog_which, when unprovoked__approaches any person -inapparent- attitude of attack upon the streets, sidewalks, or any public grounds or_Places in a vicious or terrorizin manner; or ny doh wi th_a_ known _propens i ty� tendency or_d isilos i t i r to at tack unprovoked_ to cause _i n_' ur_y or_to otherwise endae_safetY of human_bein�s or domestic animals; or CODING: Words in Afe0tfklW60§0 type are deletions from existing law; words underlined are additions. 2 ORDINANCE NO. 90- c. Any doh which_____ bites, Inflicts inju , assaults or otherwise attacks_ a _human being or _domestic animal without provocation_on_public_or private_property; or d,_Any_dojowned orp _harbored rimari�r or in Part for the_purpose of dot fighting SECTION 2. Section 3-5 (Additional ownership responsibilities), Code of Laws and Ordinances of Indian River County, is hereby amended to add the following: SECTION 3-5. Additional ownership responsibilities. Responsibilities of_the_public_ (4)_ Keep any vicious animal, following a formal determination of that status in accordance with Sections 3-9 and 3-10, confined within a building or other secure enclosure, or securely_ leashed and muzzled or-cagedwhenever not so confined; or to forfeit any such animal_ or remove same from_county as required by the Indian River Animal Control Division. (5) It shall be a_violation of this chapter for any _person_to_impound_or confine_anYr_animal in any place without— sufficientfood and _ water dais_ except _under veterinary supervision; to keel any animal in any enclosure without_providing—_sufficient_- exercise _ and --adequate ventilation; to fail to provide shelter from the weather, clean_Suarters, and medical attention for_sicklyr__diseased, or iniured animals: or to fail to inoculate the animal a ainst rabies as required _by this chapter__ However_ this chapter shall_ not require the provision ofshelterfrom the weather and clean quarters for livestock in open -pasture, (6) It shall be unlawful for any person_to-leave or deposit_any_poison-or_any substance containln2_2olson in any_common street, alley, lane, orthrouhfare of_anY-kind, or in any-yard_or enclosure_ other -than the yard_or_enclosure occupied-or-owned_by_such-person_ CODING: Words in type are deletions from existing law; words underlined are additions. 3 : ORDINANCE NO. 90- (7) _It shall be unlawful for a2y_person_!!j2rIn2 any dog, cat, or livestock -by -any -means, to fail to notify the owner of said animal, the animal control officer, or to re ort the Incident to the Count 911 S stem. (8) It shall be unlawful for am 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 -securing the animal in a manner which does not present_a danger to the animal or to others. SECTION 3_ Section 3-9 (Dangerous and vicious animal determinations), Code of Laws and Ordinances of Indian River County, is hereby amended as follows: ��Ila�b�ltlAtlt��A�>itlto�d��4l��t/k,�tdl�ktslbd�lltin! bt lfiaS! / /ddriYdd V / /a't1UNdr/i/t/�/ / /sA1/all/I/ / AhArk/s/tAkjA3hk/ / bh�y/ / 1 dot l dddit t6tb11bt�tlbt�l/�tt�tlEkdl/lblittrh(/ttt�ttihkd/bt/btlM1dtv4/tk/t�vSttdl IbVil4t/tai/ /ih�itfi/dt/ld�iditl4/ id/�ith14/Ibbttblhl /btlAdt/dbfi6ttlt/�1M1IfiA/ 1d�14btt/4�tlbd�/IYNdYIItMId/kAAk�b�tAbhb/ldddllshlpldddUdcV /by//iht dtt�t6t/v4bJdlhi/df/tV�b/tlGldbrhtkl!!t/81A�11/debt/fiG/tlhk/bv4d�bt/11h Jvt ! t ! tM1d l Myl / k k/'k A fA bd/ l V d UYd d / bA`/ / YMd ! blfA`khlskl / drAd / /tA>✓a/t/ l t tM1t �fi/fiAl/Malsl/bkkh//ddYddfiVrAdd//t!d/Ibk/lddri�drldtldJ//A'hk//d�mtltb t IA �/! l l 9J d Yiid d/ /s/t!a/t/e/ / k h b A/ l d ri }I / /Sh./brs/dc/t te'r1�U l ISA hJi A bA•l l d f f b b t E vol iihld�/ tiAb/ fbl Ibv4ld��lbldihtbtd�/ (181/fib�M1tlAt/ld��Gbl �Fld�d / ilhb/>;bfib b b J thA !! /shhA A! I d d dtl V tll 1 O l bl ld d 1l d rlyd Vrial b Vdri ! t h A t/ lthkl /a(ri Vrda(V / J t OIt/60S//aWliO1616tt/lUd/Add/t 664/!IrlelstIr/alikYtIItiAOItbfiE6tit TIAb! kikhklhKihla/tAbh/ ldHa(VV I iht! fttlk/ /af /rAdYYdd! bkl IrkkhMkV /Vd / tlht tatfit t� l /d� i� / tlGttbfil (fb I / YJpbh/ kb/r�¢A bl hh/,/ /ikJv/e/s/diA3/a/t/i/wW,/ /a�r/d / 9 Vnid Ynicj / ib1G ilAb/�rM1lfi�/ /tt�M1t tbl /�JrtlAbt/114/ tlA�i / ilhk/�thld�ti! /fh�� /tbfifil i ibd/71 ittbOd! ldflf7(Yrlsrd ! iivAhhAh! I4 VOMY4441 /(/1A3/)! /dibhAhk/ ld tl l Ahk! If I tAl CODING: Words in ittOt{kltfbt6000 type are deletions from existing law; words underlined are additions. 4 ORDINANCE NO. 90- b f f kb bt t / lslaliA� / bq1 rrh6 r / /shbn n/ /a4 / AikftkA•htli hkli/ I tld / �d/ /a► /,c ► t 1641 t btiifib l l / /Tlhk/ dLkhdt A k>y/ MhMA A / pMbh�ltll yl MaAJeI la► I #ddd dd /d 1 / i0to 4101 i tfil 06116th / fiA AN MW /ddd tl dd V / f I 16 / Mhd/ /sA Ja/I/I/ /49fa<Vd 1166 f I f 1i NO/ / I htelWelr/ / /10/ / Iddi/UiAY / / I6* / / /delr/t/i/f/lMd l l It fit 1 I/ ldfl l / 1 ih ► t diflfdl!lhAtIO 1 (t1/ID166616/1K/H/bfftthbt/01fM16/lfht/ktoo fi6owtholAfA 06 t 1641111 k Ihk / I MMM / fshbn n/ l Adel l lalcjal ilrf l ldd tl V I Md l /JMd // 104 11 IF6tf001fY1INdrddIddVryllliddidUtl/Mel I/aHiM/IIIAh/ IA1b611Ads/fibl JOIN Ttot I/aMAYddi/W/fbhl/d HIM VVVtldd/b1;/IlY/k1Wt/e/rAYlh slIfibtf 000A0614 60106hiifIiIAII161f041tom;bviIf$I (411//lWe'rfyf/I Whi,I//dIII bh/II Adslfial1II /sk"jwt/II f6 ib tbt kt41 / d'� t / i,hlikM/ ltM Usl / t kt f / bth / A;hbA A / Maldd / f fA t / Mn ghft/ lVd / ArA k�14lkrhl / A 0141 hkbA•A hg/ labd /tlHd / A l / kd tdl / b/fA`khl;k/ A�elf/dr/el /YHd / t641k krhfbttifi0r6f/Mdzldd'J//1JbftAA:klldl lltkfe/ /FA�Ihk/ltld l fth/i/s//IAkAflthj tlhA / I/ Md I dMll A lrkhkdl I Yd l ItAlel / 6*6b t / /ard / AN -Al /d I/ lthkl Nt 111 kat 661 It 4 / /df/ / 11hk/ /daWcjdr/dr/d 101 lJ Yd Ydd d l /ah/iMa/I/ /dk f i tfil d,b f 1661 Tlbk/bviithkt/ tlhA / I/ 16AWA6066/ (71 /41AW f fbfi/ f04/04 f 616f / fktklOf 6 f l lthW I d d Yd drb hid Y NO /A h/ A4111101 l k bl lrldddeld tf 166116 / ftlelahfilrfgr / hb 416 ►10k t I Ot I I lal 110 11140 / / Mk14Aa1b/s1t/ l I Vd 1/ 00 / /afrfib/af l/ / It 60f tb / AtGMWIf* I/IMh IbAJMMA//tbWV/sHa/l/I/ 1sfthfyf1dlJiiVVddVVdd/d1/f6lt tit 11661k"0111 If 164 1 / /rk/s1bAhA1l1bh/ I d 1 / hhkl bald tltld d l bPl ltAYel / t6d4 06f6tthhhhf /16640411 (k1//Tlblt//tktllbt6//tfbAll //thbf//AibI61yG//fb//AdtlfiAit ft616441/lfbtllSMA ikAW/hkllk,Walrldl//1'h/r/r/dsldsf//lifddVYddd//1160 IOt14146flAWollNkii/Idddtldddd/ lhtAAb/ Me/ Iddddt4/W11ldddiJdl6f i ih t 6/ if" P1 // NOM/ lWaI I/I/ l d riV /I ri t 16 i ti f/ i)k I AikkMIN lard l d f f d d d d l i 1 If / ldddt/dsl hkA k hA h/ l tlHd l A-kbA I 10 d d tid V VV / /111 Hi ftls/ / of / /tAt/e/ / 6066t I 004-14100/ lt/Ifd l 0hPlakkkI l Y I/ /cjQWs/pri/cr 0"s/lM / ahbabil/ laid / A:bl 1 f IAO ibtkt0fit0/bf/fln0/6Ad�dkt6Uit/6t/pit/btlit/Ads/fiAl l (f1/A/t//sMiM/Ib0/fthk/IWWI/ /410ifIbnYlddddylIiditA66 olh o / Ha/s/ / 60 t 0 t Pito 1 /a/r/ 1060 to 'P61E 041 / /a/thla/ctw / 6 t / AJi/t/!hv /I ot I a1 k dt f 100614,1 the / bh/ /akAtrib/I/ /sANi/ddt/ / Yd /I 1h 1 t / bkk1tA bh/ AU l d dbd d tl / i0 ilh I I/666fto1101 ttif6tl CODING: Words in tfW{kIW6000 type are deletions from existing law; words underlined are additions. 5 ' ORDINANCE NO. 90- (a) In the _-event that __an_Y officer has_probable 1 cause to believe a dM_is- vicious_- he shall_ conduct an Investigation.If the officer is satisfied -after such (, investigation- that the do2_is_ vicious as defined in this i" chapter, he sha I I _d_ec_I are ___t_h_e_ dog-_a_s___a__v_i c_i o_u_s_ dog and properly -- not i�—the owner of- the _do2__inwwr i t i n2of -such ----------- kdeclaration. If a determination has been made that a d_og_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 the determination made _by -the officer, he or she mayY_within five (5) _days of _such determination, appeal -the declaration of viciousness _to_the Director of Department of Emer222S.X_SeE.vLLctj__by way 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 —m—y 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 should be in writing,_si�ned- and -dated by _the Director, and should contain the finding_of_facts_supporting the determination. The determination of the Director m2Y 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 for any-subseguent actions of the - dog -(b) Not withstanding- the _definition of "vicious do2111 as provided in this cha ter, no do ma be declared ------- -------------4'----------- _a_y vicious if an-injury_or-damage_ is sustained_ by -2 ---------- ------ at the time that such injury or damage -was sustained, was --------------------------- --------- ---------------- corrmittin --a --w-illfu-----------P l tres ass or other -------p--tort u on remises ---_— ---------------p------ CODING: Words in type are deletions from existing law; words underlined are additions. 6 ' ORDINANCE NO. 90- occupied by the owner or keeper of the doq_ or was _teasinq- tormentin2,_abusin2 or assaulting thedoh or was_committin9 or attem-ia----------- tin to commit a crime. No do may be declared ---9------- ---------- vicious if an injpM or damage_was sustained by_a domestic animal which at the time such injury_or damage was sustained was teasing, tormenting, abusing_or assaultin_the_do9. No dog maw -be declared vicious _if- the -doq_ was protecting or defending a_human being within the-immediate_vicinity of the dog from a unjustified attack or assault. (c) No vicious dog shall_ be licensed within Indian River Count unless the owner and keeper_ of such vicious dog_shall_meet_ the -following requirements: 1. The owner or keeper shall resent -to -the Indian River County Animal Control Division proof _that the owner has _procured _liability_insurance in the amount of at least one hundred thousand- dollars ($100,000.00), covering any damage or injur _which may_be caused such vicious dog durinq the 12 -month period for which licensinq is sou ht. 2. The owner or keeper shall—at_his own expense have the -registration number assigned to such vicious dog bythe Animal Control Division tattooed on such vicious dog by a veterinarian _or- other _ person trained as a tattooist.—The tattoo _shall _be_placed on the _inside right thigh_of the vicious_ dog. 3. The owner or Lee er shall also, at his own expense, purchase a collar or harness from the Animal Control Division which shall be worn by -the doq_at all times. The purpose of the collar or harness shall be to Provide --immediate- identification to the Animal Control --------------------------------------- Division and the public at large that the doq_ has been ----------------------------------------•------------ declared vicious. ---------------- 4. The owner or keeper shall display -a sign ----------------------------------- on his or her premises warning_ that there is a vicious dog CODING: Words in type are deletions from existing law; words underlined are additions. ORDINANCE NO. 90 - on the premises_Said sign shall be visible and_caQable_-f being read from the_public_hicohwaY_or-street_ 5. The owner or—keeper—of a vicious dog must at ail times ensure that the doh_ is _securely _confined Indoors, -or�confined in an enclosure as defined herein.- At any time that_a vicious_do_g is not so confined__ the dog shall_ be muzzled with a- wire basket type muzzle in such -a manner as toprevent_it_from biting or in L!. i. �ay_person or animal, and keit on _a_leash with the owner or custodian in attendance except for the following_exceptions_ a._—Anexception__of_ this section— is hereby provided for any vicious doh while being transported within the cab or -passenger portion_of_any motor vehicle, provided said vehicle has a roof, and the dosis incapable of escape through an open window, however_ the doq_ shall_be muzzled with a wire basket -type muzzle in such a manner as to prevent it from biting-or_in�urin2_a2y-person or animal. 6. The owner orkeepeer— sha I I s ign a statement attesting—.that: a. The owner or keeper_ shall maintain and not voluntarily cancel_ the _liability _Insurance_reguired by this section during_ the 12_month— period for which licensing_ is sought_ unless the owner or keeper shall cease to own or kee the vicious do rior to the expiration_of such license. b. The owner or keeper shall, on or priorto the effective date of such license for which application-is_bein made, have an enclosure for the vicious do on the pro ert where the vicious do will be kept or —g-----------�'------------------------ ---------- --p---- maintained. c.The - owner or keeper shail_notifY-the — --------------- ------ ---- --- Indian River County Animal Control Division of any ---------------------------------------- CODING: Words in MUfk/WOOtO type are deletions from existing law; words underlined are additions. 8 ORDINANCE= NO. 90- cancellationn,modification,_expiration_or_ termination _of the liability_ insurance policy reguired_by_this section. d . The owner or keeper shall notify the Indian River County Animal Control Division immediately if a vicious doh -is on theloose, -is-unconfined, is -unconfined_- hasattacked another animal or has attacked a human_ being,_ or has -died or has been sold or given awayIf the vicious dock-has_been sold orRiven aw�ty__the owner or keeper shall also provide to the Division the name, address -and telephone number of the new owner of the vicious dot. 7._ The _Division_ 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 herebyempoweredto seize and impound any _vicious dog- whose_owner or keetper_ fai Is 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. (d) The provisions of this section shall not appy to canine docs owned by a law enforcement -department while such _do_qs are pMp2ed En the scope of law enforcement duties. (e)__Any v1cIous dot wt! ch_does not have a vai Ed license in accordance with the provisions of this section or whose owner or keeper does not secure the liability insurance coverage-reguired_in accordance with this section or which is not maintained -on -property -with an enclosure, or which shall be outside of the dwelling_of the own -e -r or ----------------------------------- ----------- keeper, or outside of an enclosure except_as__p 1v ed in subsection (d)4, or which -is_ not tattooed_ shall be CODING: Words in type are deletions from existing law; words underlined are additions. ORDINANCE NO. 90 - confiscated by an officer and disposed_of_in_a humane manner after written notice is rovided to the owner that such dog —__--L------------------------------ has been confiscated. (f)if anY vicious dog_shall,__when _unprovoked_ kill or -wound -or assist in ktllinq or toundLlnq_22Y domestic animal or attack_ assault_ wound__ bite or otherwise_injure or kill a human bean , theofficer 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. (g- No person shall be charged under this section unless the dog_ prior to the offense alleged_ shall have been declared vicious pursuant to ------ the provisionsof this section_ (h) If the owner or keeper of a do_q_ which has been impounded under this section shall believe that there has not been a violation of such sections hereof, the owner or kc3per mry file a petition -for injunctive relief in the Circuit Court of the Nineteenth Judicial Circuit in and -for Indian River County, Florida_ that the _impounded dog_not be destroyed.The petition must be_filed -within the five (5) days of owner's receipt -of -notice -of impoundment of the dog, and notice of the petition_ must be_ttmelv_served upon the Animal Control Division. The officer or the Division shall have the right to_deciare a dog_to be vicious for any action of the_doq_subseguent to the _date of the violation in question. if the circuit court shall _find that _there has been no violation of this chapter - such _doh shall be released to the custodY_of-the owner -or keeper_ ( i ) In the event that the owner or keeper of a vicious dgq_is_a_minor, the parent_or guardtan_of such minor shall ------b--e --r-e-sponsible for complyinqwiththepii-of ___ s--- CODING: Words in $ttURI ifh6001A type are deletions from existing law; words underlined are additions. 10 ORDINANCE NO. 90 - this section and shall be liable for all Injuries and ro er.0 damage sustained by Any -person or domestic animal caused b unlRroyoked attack -by said-vicious-doq. SECTION 4. Section 3-10 (Unlawful for livestock to run at large), Code of Laws and Ordinances of Indian River County, Is hereby amended as follows: SECTION 3-10. Unlawful for livestock to run at large; harboring -wild animals_ It shall be unlawful for any livestock to run at large within Indian River County, Florida. It shall_ be unlawful to kee an wild animal in violation of the - 2k-- ---��_ provisions of Chapter -372, Florida Statutes, and -regulations promulgated__by-_the-_Florida Game and Fresh Water Fish SECTION 5. Section 3-16(a), Code of Laws and Ordinances of Indian River County, is hereby amended as follows: (a) Any violation of this chapter, constitutes a civil infraction and may be punishable by a civil penalty not to exceed five hundred dollars ($500.00). Al//dVJVI 06641 t*/ blf/ /I/e/s(sf MAW l Mil l fhb hated /ik/I/IkMkl lv$fi✓aa 0101Y ldidy 100 lrhoolidl/!f/u6mlttidlfMoulol1/lomit16th 0660/MAI /dQWt/e/s/t/Mid /i fAl1d6l Penalties for violation of spec1fIc_sect Ions of this ordinance shall be established by resolution of the Board of County Commissioners. If the person -who -has committed the violation does not contest the citations a civil penalty_of_less than the maximum allowed will be assessed, and ma be unishable b a civil enalt not to exceed five hundred dollars ($500.00)_ Each day or fraction thereof during which the violation continues shall be considered as a separate offense. Pursuant -to Chapter CODING: Words in sftfalklk/M6000 type are deletions from existing law; words underlined are additions. I " ORDINANCE NO. 90- 828.27, Florida Statutes the board of _county commissioners shall impose and collect a surcharge of_two dollars (;2.00) upon each civil��enalty 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. SECTION 6. ( Conflicting_Provisions. 1, In case of a conflict between the provisions of } this ordinance and prior ordinances, the prior ordinance I - shall be deemed repealed to the extent of such conflict. f' SECTION 7. Severability. If any section, or if 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 8. Incorporation _in_Code. This ordinance shall be incorporated into the Code of 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 r elettered to accomplish such purposes. CODING: Words in $Ztf0JR11W060 type are deletions from existing law; words underlined are additions. 12 ORDINANCE NO. 90--5-- Effective 0-5 SECTION 9. Effective Date. This ordinance shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment 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 _ nth day of _February -1 1990, The effective date is 1st day of April, 199 This ordinance was advertised in the Vero Beach Press -Journal on the 30th_ day of Jan�Ld_CX _. 1990, for a public hearing to be held on the _ 2-Qlhday of _Eeh.r"?_ry _, 1990, at which time it was moved for adoption by Commissioner Scurlock___, seconded by Commissioner Wheeler _ , and adopted by the following vote: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman �YQ_ Commissioner Don C. Scurlock, Jr. 9xgY Commissioner Gary C. Wheeler Aye BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA taiN Riva Co. AOGloved Date � ^ Admin. -7-14-CIO B CL Legal Z -l+90 y Caroiyn� 1?ggert haT i5an Butlgel '� -�� Mgr. �.,.�. Attest By�1�a e ey I a to Clerk Acknowledgment by the Department of State of the State of Florida, this _28thday of Februa>1990. Effective date: Acknowledgment from the Department of State received on this 5th day of March , 1990, at 9:00 a.m./p.m. and filed in the Office of tf e Clerk of the hoard of County Commissioners of Indian River County, Florida. CODING: Words in type are deletions from existing law; words underlined are additions. 13