HomeMy WebLinkAbout1998 04 13 Consent Item D
(~OMMISSION AGENDA
Il~EM D
REGULAR
CONSENT X
INFORMATIONAL
_April 13. 1998
Meeting
MGR fll/l^ IDEPT
Authorization
REQUEST: The City Clerk requests the City Commission adopt Resolution 844 approving anti-
cruelty investigators and agents for the Humane Society of Seminole County, Jnc.
PURPOSE: The purpose of this item is to have the Commission adopt Resolution 844 approving
the individuals named as anti-cruelty investigators and agents for the Humane Society
of Seminole County, Jnc,
CONSIDERA TIONS:
The Humane Society of Seminole County, Inc., has asked each City in Seminole
County to adopt a Resolution approving individuals named in the Resolution as anti-
cruelty investigators and agents for the Humane Society.
The Humane Society is responsible for investigating animal cruelty in the County.
This authorization is needed, in accordance with F.S. 828,03 and 828,27, for the
Humane Society to investigate any reports of animal cruelty in the City.
The City of Winter Springs does not have its own animal cruelty investigator, and
relies on the Humane Society to investigate any reports of animal cruelty,
The City has previously adopted a Resolution approving anti-cruelty investigators and
agents fOlr the Humane Society,
FUNDING: None,
RECOMMENDATION:
It is the recommended that the City Commission adopt Resolution No. 844
approving anti-cruelty investigators and agents for the Humane Society of Seminole
County, Jnc,
IMPLEMENTATION:
Upon adoption
ATTACHMENTS:
Resolution No. 844
Copy of previous Resolution signed by former Mayor John F, Bush
Copy of Florida Statute 828,03 and 828.27
COMMISSION ACTION:
IN THE CITY OF
COUNTY OF SEMINOLE,
STATE OF FLORIDA
IN RE: RESOLUTION OF THE
HUMANE ~;OClETY OF
SEMINOLE COUNTY, INC.
IN ACCORDANCE WITH FLORIDA STATUTE 828,03 AND FLORIDA
STATUTE 828.27, THE INDIVIDUALS NAMED AS ANTI-CRUELTY
INVESTIGATORS AND AGENTS IN THE ATTACHED RESOLUTION,
ORIGINALLY ADOPTED THE FIRST DAY OF JANUARY, 1984 AND
RE-ADOPTED THE 22ND DAY OF DECEMBER, 1997 ARE HEREBY APPOINTED
AND APPROVED.
DONE AND ORDERED IN CITY HALL CHAMBERS, IN THE CITY OF
, SEMINOLE COUNTY, FLORIDA, THIS DAY
OF ,19___.
MAYOR,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT A COPY OF THE FOREGOING HAS BEEN
FURNISHED BY I\.1AIL ON THE DAY OF , 19 _ TO THE
HUMANE SOCIETY OF SEMINOLE COUNTY, INC., P,O. BOX 784, SANFORD,
FLORIDA 32772-0784.
CITY CLERK
-rHE HUMANE SOCIETY
OF SEMINOLE COUNTY, INC.
COUNTY HOME ROAD. P.D, BOX 784 . SANFORD. FLORIDA 32772-0784
TELEPHONE (407) 323-8685
RESOLUTION
The Board of Direl~tors of the Humane Society of Seminole County, Inc. resolve as
follows:
1. That it is in the best interest of the animals of Seminole County that the
Humane S()'ciety of Seminole County, Inc. assist the law enforcement officers
in enforcing and assisting in matters of inhumane treatment of animals and
animals found in distress.
2. That the fol~owing named individuals are deemed, considered and hereby
appointed :llDd designated by the Humane Society of Seminole County, Inc.
to be investigators and agents as provided in the Florida Statutes 828.03 and
828.27, Laws of Florida.
Betty Munoz
109 Woodfield Drive
Sanford, FI.I 32773
Annie Evans
P.O. Box 773
Oviedo, FL 32765
KeUy Kemp
109 Woodfield Drive
Sanford, FI~ 32773
3. That it is in the best interest of the animals of Seminole County that the
Humane Society of Seminole County, Inc. relieve aU other previously named
individuals of their responsibilities of anti-cruelty investigators and agents as
provided for in Florida Statute 828.03, Laws of Florida.
ADOPTED PURSUANT TO THE BY-LAWS OF THE HUMANE SOCIETY OF
SEMINOLE COUNTY, INe. AT ITS OFFICE AT 2800 COUNTY HOME ROAD, P.O.
BOX 784, SANFORD, FLORIDA 32772-0784 ON THIS 22ND DAY OF DECEMBER
1997.
r!4rLL~
President
"ALL LIFE IS P!'IECIOUS"
.
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r N Tl n~ c: I TY OF _l'!!.1i1:~~_s.!:l!,~~.GS_,
COUNTY OF SEI'IINOLE, STATE OF
FLORIDA
IN RE:
RESOLUTION OF THE
HUMANE SOCITY OF
SEI'II !'tOLE COUNTY, I!'IC .
IN ACCORDANCE WITH FLORIDA STATUTE 828.03 AND
FLORIDA STATUTE 828.27, THE INDIVIDUALS NAMED AS ABUSE
INVESTIGATORS AND AGENTS IN THE ATTACHED RESOLUTION
ORIGINALLY ADOPTED THE FIRST DAY OF JANUARY, 1984 AND RE
ADOPTED THE FIRST DAY OF JANUARY 1989, ARE HEREBY
APPOINTED AND APPROVED.
DONE AND ORDERED IN CITY HALL CHAMBERS,__________
sEMINOLE COUNTY ~ FLORID(j, TI'ITS ______ DAY OF ______,
19
Mr:l'(t1r ~
_ ].A-~___
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT A COpy OF THE FORGOING HAS
BEEN FURN I SHED BY MA I L THE /.I)U__ DAY OF 14. "'r-
1 9!?l..~ TO THE Hut1ANE SOC I ET Y OF SEM I NOLE QfjUN~Y, NC: ' P .0.
BOX 784, SANFORD, FLORIDA 32772-0784
'htA~,,_ 7L_~___
CiTYCURK
/
/
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Resolution
The Board of Oirectors of the Humane society of Seminole
County, Inc. Resolve as follows:
1. That it is in the best interest of the animals of
Seminole County that The Humane ~ociety of Seminole
County, Inc. assist the law enforcement officers in
enforcing and assistinq in matters of inhumane treatment
of animals and animals found in distress.
2. That the following named individuals are deemed.
considered and herebY appointed and designated by the
Humane society of Seminole County, Inc. to be
.,~, investigators and agents as provided in Florida Statutes
828.03 and 828.27, Laws of Florida.
3. That it is in the best interest of the animals of
Seminole County that the Humane society of Seminole
County, Inc. relieve all other named individuals of their
responsibilities as anti-cruelty investigators and agents
as provided for 1n Florida statute 828.03, laWS~1
Florida.
Patricia Deane Wiseman ~~TtAt~ WIN' (: )pJ
207 Ventura Dr. !ti.:r/HIA ONTe Sft."Jtt'S I) J6(
Sanford, FL 32773 pt.. 3"'4- ^
Jeff Norman Morris
118 Hickory Tree Rd.
Longwood, FL 32750
Barry L. Black
587 Brlghtvlew Dr.
Lake Mary, FL 32746
Rachel Harie Bennett
417 Hidden Meadows Apt 109
Fern Park, FL 32730
Timothy Michael Thompson
212 Sanora Blvd.
Sanford. FL 32773
Betty Finch Munoz
198 N.5th St.
Lake Mary, FL 32746
ADOPTED PURSUANT TO THE BY LAWS OF THE HUMANE SOCIETY OF
SEHINOLE COUNTY, INC.. AT ITS OFFICE AT 2800 COUNTY HOME
t')ROAD, P.O. BOX 7A. ..\ SANFO~ FLORIOA 3~78' ON THIS
q~OAY OF~~_ ~~ 19 /
President
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Ch.828
828.02
828.03
828.05
828.055
828.058
828.065
828.073
-=::..;~;
828.08
828.12
828.121
828.122
828.125
828.13
828.14
828.16
828.161
828.17
828.22
828.23
828.24
828.25
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828.26
828.27
828.29
828.30
828.40
828.41
828.42
828.43
ANIMt.LS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
F.S. 1997
CHAPTER 828
ANIMJ.LS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
Definitions. agents and employees of corporations in regard to ani-
Agents of countie~;, societies, etc., may pros- mals transported, owned, employed by or in the cus-
ecute violators. tody of a corporation, shall be held to be the knowledge
Killing an injured or diseased domestic ani- and act of such corporation.
mal. . Hlatory.-s. 10. ch. .971, 1901; GS 3156; RGS .982; CGI. 7071; So 2. d\.
Sodium pentobarbital; permits for use in ;t;79.
euthan~sia of clomestic animals. ;tIfr 828.03 Agents of counties, societies, etc., may
Euthanas~a of d~!~s and cats. prosecute violators.-
Euthanasia of animals offered for sale by pet (1) Any county or any society or association for the
~hops. ". prevention of cruelty to children or animals, organized
Ammals found. In dl~tre.ss: whe.~ a~ent may under the laws of this state, may appoint agents for the
take charge, hE:anng, .dISposltlon, sale. purpose of investigating violations of any of the provi-
Penalty for e:cposlng pOison. sions of this chapter or any other law of the state for the
Cruelty to ammal~;. f t t' h'ld d' Is
C d t f . I t d b Ilfi ht' exhl'bl'- purpose 0 pr~ ec Ing c I ren an amma or prevent-
o~ uc 0 slmu a e u Ig Ing ing any act of cruelty thereto.
. ti~~s. . . '. . (2) All appointments of such agents by such
Fig, hng or baltln9 ammals, offenses, penal- societies or corporations must have the approval of the
hes. 1 th 'ty' h' h th' . .
K'fI" t d b f . t d mayor 0 e CI In W IC e society or association
I Ing or aggra\la e a use 0 regls ere exists and if the society or association exists or rks
~reed horses I)r cattle; offenses; penal- outsid'e of any city, the appointment must be apP;o~ed
ties. .' . by the county court judge or the judge of the circuit
Confinement of amma.ls :Vlthout sufficient court for the county, and the mayor or judge shall keep
~On~~a%ater, or exerCise, abandonment of a record of such appointment. The approval of the
Water and food fl)r stock on trains vessels ~ppointment of any agent by a county for either the
etc " Incorporated or umncorporated areas of such county
C '. . shall be by the county commission.
ont~~I?US dlse~,ses. Hlatory.-s. 12. ell. 4971. 1901: GS 3158; RGS .984: CGL 7073; So 32. ell.
Prohibiting artifiCial coloring and sale of cer- 73-334: So I. ell. 75-223; s. I. ch. 76-102; s. 1. ell. 77.174.
tain animals arid fowls; construction.
Officer to arrest without warrant.
Humane slaughtElr requirement.
Definitions.
Prohibited acts; E!xemption.
Administration; rules and regulations;
inspection; fee:;.
Penalty.
Local animal control or cruelty ordinances;
penalty.
Dogs and cats i!ransported or offered for
sale; health requirements; consumer
guarantee.
Rabies vaccination of dogs and cats.
Short title.
Definitions.
Animal enterprisEl disruption; criminal penal-
ties.
Injunction.
828.02 Definitions.-In this chapter, and in every
law of the state relating to I)r in any way affecting ani-
mals, the word .animal- shall be held to include every
living dumb creature; the words "torture," "torment:
and .cruelty" shall be held to include every act, omis-
sion, or neglect whereby unnecessary or unjustifiable
pain or suffering is caused, except when done in the
interest of medical sciencl~, permitted, or allowed to
continue when there is re,asonable remedy or relief;
and the words .owner" and .person" shall be held to
include corporations, and the knowledge and acts 01
828.05 Killing an injured or diseased domestic
anima\.-
(1) The purpose of this section is to provide a swift
and merciful means whereby domestic animals which
are suffering from an incurable or untreatable condition
or are imminently near death from injury or disease
may be destroyed without unconscionable delay and in
a humane and proficient manner.
(2) As used in this section, the term .officer" means:
(a) Any law enforcement officer,
(b) Any veterinarian; and
(c) Any officer or agent of any municipal or county
animal control unit or of any society or association for
the prevention of cruelty to animals, or the designee of -,
such an officer or agent. ' ,.
(3) Whenever any domestic animal is so injured or -:~:
diseased as to appear useless and is suffering, and .iI.. :,>1
reasonably appears to an officer that such animal IS . ';
imminently near death or cannot be cured or rendered
fit for service and the officer has made a reasonable
and concerted, but unsuccessful, effort to locate the ,~:
owner, the owner's agent, or a veterinarian, then su:h_ ~~
officer, acting in good laith and upon reasonable, befJef. -;~.
may immediately destroy such animal by shooting the ~.:
animal or injecting it with a barbiturate drug. If the ()/fi-::l.
cer locates the owner or the owner's agent, the 0 '
shall notify him or her 01 the animal's location and ct:Ilt"_
dition. If the officer locates only a veterinarian,' th~c6-
cer shall destroy the animal only upon the adVice ~
veterinarian. However, this section does not prohllJl&
1718
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Ch.828
ANIMALS: CRUEL TV; SALES; ANIMAL ENTERPRISE PROTECTION
F.S.1997
(2) No slaughterer, packer, or stockyard operator
shall bleed or slaughter any liivestock except by a
humane method.
(3) This act shall not apply to any person, firm or
corporation slaughtering or proc:essing for sale within
the state not more than 20 head 'Jf cattle nor more than
35 head of hogs per week.
Hlllory.-s. 1, en. 61.254: 53. '4,3.5, ch, 69-106: s. 241, en. n'lo.,
828.25 Administration; rules and regulations;
inspection; fees.-
(1) The department shall administer the provisions
of this act It shall promulgate and may from time to time
revise rules and regulations which shall conform sub-
stantially to the rules and regulations promulgated by
the Secretary of Agriculture of the United States pursu-
ant to the Federal Humane Slau~lhter Act of 1958, Pub.
L. No. 85-765, - 72 Stat. 862, Clnd any amendments
thereto; provided, however, that the use of a manually
operated hammer, sledge or poleax is declared to be
an inhumane method of slaughler within the meaning
of this act.
(2) The department may appoint any member of its
staff as an official inspector for the purposes of this act.
Such inspector shall have the power to enter the prem-
ises of any slaughterer for the purposes of verifying
compliance or noncompliance with the provisions of
this act.
(3) As soon as practicable after October 1, 1961,
an inspection shall be made of the premises of each
slaughterer. Additional inspections shall be made not
less frequently than quarterly. No fee shall be charged
for such inspection.
HI~ory.-s. 1. ch. 61.254: 53. 14.3.5, en. 69-106,
~~
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828.26 Penalty.-
(1) No slaughterel' found by the department in
accordance with the above not tel be in compliance with
the provisions of this act shall :.ell any meat or meat
products to any public agency i:n the state, or to any
institution supported by state, county, or municipal
funds. Failure to comply with this provision shall be a
misdemeanor of the second degree, punishable as pro-
vided in s. nS.083.
(2) Upon failure to be in compliance with the provi-
sions of this act after a period of 1 year from the date of
the first inspection required under s. 828.25, the
department shall direct the ~;Iaughterer to cease
slaughtering livestock. Failure to comply with this direc-
tive shall be a misdemeanor of the second degree, pun-
ishable as provided in s. n5.0:33, and constituting a
separate offense for each day of continued slaughter-
ing operations beyond the first week following mailing
of such directive to the slaughterer by the department.
HI~ory.-s. I, ch. 61-254: sa. 14,3.5, en. 69-106: s. 958. en. 71.136.
';j:. 828.27 Local animal control or cruelty ordinances;
penalty.-
(1) As used in this section, the term:
(a) "Animal" means any living dumb creature.
(b) "Animal control officer" means any person
employed or appointed by a county or municipality who
is authorized to investigate, on public or private prop-
erty, civil infractions relating to animal control or cruelty
'and to issue citations as provided in this section. An
animal control officer is not authorized to bear arms or
make arrests; however, such officer may carry a device
to chemically subdue and tranquilize an animal, pro-
vided that such officer has successfully completed a
minimum of 16 hours of training in marksmanship,
equipment handling, safety and animal care, and can
demonstrate proficiency in chemical immobilization of
animals in accordance with guidelines prescribed in the
Chemical Immobilization Operational Guide of the
American Humane Association.
(c) .Control" means the regulation of the posses-
sion, ownership, care, and custody of animals.
, (d) "Cruelty" means any act of neglect, torture, or
torment that causes unjustifiable pain or suffering of an
animal.
(e) .Officer" means any law enforcement officer
defined in s. 943.10 or any animal control officer.
(I) .Citation" means a written notice, issued to a
person by an officer, that the officer has probable cause
to believe that the person has committed a civil infrac-
tion in violation of a duly enacted ordinance and that the
county court will hear the charge. The citation must
contain:
1 . The date and time of issuance.
2. The name and address of the person.
3. The date and time the civil infraction was com-
mitted.
4. The facts constituting probable cause.
5. The ordinance violated.
6. The name and authority of the officer.
7. The procedure for the person to follow in order
to pay the civil penalty, to contest the citation, or to
appear in court as required under 'subsection (5).
8. The applicable civil penalty if the person elects
to contest the citation.
9. The applicable civil penalty if the person elects
not to contest the citation. .
10. A conspicuous statement that if the person fails
to pay the civil penalty within the time allowed, or fails
to appear in court to contest the citation, the person
shall be deemed to have waived his or her right to con-
test the citation and that, in such case, judgment may
be entered against the person for an amount up to the
maximum civil penalty.
11. A conspicuous statement that if the person is
required to appear in court as mandated by Isubsection
(5), he or she does not have the option of paying a fine
in lieu of appearing in court. '
(g) .Ordinance" means any ordinance relating to
the control of or cruelty to animals enacted by the gov-
erning body of a county or municipality the violation of
which is a civil infraction.
(2) The governing body of a county or municip~fity
is authorized to enact ordinances relating to anrmal
control or cruelty, which ordinances must provide: ...
(a) That a violation of such an ordinance is a CIVil
infraction.
(b) A maximum civil penalty not to exceed $5Q0: ..
(c) A civil penalty of less than the maximum CIvil
penalty if the person who has committed the civil infrac-
tion does not contest the citation.
1724
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F.S. 1997
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
Ch. 828
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(d) For the issuance ot a citation by an officer who
has probable cause to believe that a person has com-
mitted an act in violation at an ordinance.
(e) For the contesting of a <:itation in the county
court.
(t) That, it a person fails to pay the civil penalty,
fails to appear in court to contest the citation, or tails to
appear in court as required by 'subsection (5), the court
may issue an order to show caUSIEl upon the request of
the goveming body of the county or municipality. This
order shall require such persons to appear before the
court to explain why action on the citation has not been
taken. If any person who is iSSUEld such order fails to
appear in response to the court's directive, that person
may be held in contempt of court..
(g) Such procedures and provisions as are neces-
sary to implement any ordinances enacted under the
authority of this section.
(3) The commission at a charged infraction at a
hearing authorized pursuant to this chapter must be
proven by a preponderance of thEl evidence.
(4)(a)1. County-employed animal control officers
shall, and municipally employed animal control officers
may, successfully complete a 40-t1our minimum stand-
ards training course. Such courSE' shall include, but is
not limited to, training for: animal cruelty investigations,
search and seizure, animal handling, courtroom
demeanor, and civil citations. The course curriculum
must be approved by the Florida Animal Control Asso-
ciation. An animal control officer who successfully com-
pletes such course shall be issued a certificate indicat.
ing that he or she has received a passing grade.
2. Any animal control officer who is authorized
prior to January 1, 1990, by a county or municipality to
issue citations is not required to complete the minimum
standards training course.
3. In order to maintain valid c:ertification, every 2
years each certified county-employed animal control
officer shall complete 4 hours of postcertification con-
tinuing education training. Such training may include,
but is not limited to, training for: animal cruelty investi-
gations, search and seizure, animal handling, court-
room demeanor. and civil citations.
(b) The goveming body ot a county or municipality
may impose and collect a surchaf!~e of up to $5 upon
each civil penalty imposed for viola'lion of an ordinance
relating to animal control or cruelty. The proceeds from
such surcharges shall be used to pay the costs of train-
ing for animal control officers.
(5) Any person who willfully nElfuses to sign and
accept a citation issued by an officler is guilty ot a mis-
demeanor of the second degree, punishable as pro-
vided in s. n5.082 or s. n5.083.
(6) The goveming body ot a co'unty or municipality
may require mandatory court appearances for certain
aggravated violations at a local ordinance resulting in
the unprovoked biting, attacking. or wounding at a
domestic animal; violations resulting in the destruction
or loss of personal property; second or subsequent vio-
lations ot local animal cruelty laws; or violations result-
ing in the issuance ot a third or subsequent citation to
a person. The citation must clearly inform the person of
the mandatory court appearance. The goveming body
of the county or municipality shall maintain records to
prove the number ot citations issued to the person. Per-
sons required to appear in court do not have the option
of paying the fine instead at appearing in court.
(7) Nothing contained in this section shall prevent
any county or municipality from enacting any ordinance
relating to animal control or cruelty which is identical to
the provisions of this chapter or any other state law,
except as to penalty. However, no county or municipal
ordinance relating to animal control or cruelty shall con-
flict with the provisions ot this chapter or any other state
law.
Hlatary.-5. 1, ell, 86-96: s. 1. ctl. 89-108; s. 43. ell. 91.110; s. 204, ell. 91-224;
s, 2, ell. 91-229; s, 6. ell, 94-339; s. 1289. ell, 97.102.
'Nal..-Aedesignaled as subs<lction (6) by s. 6. ctl. 94-339.
828.29 Dogs and cats transported or offered for
sale; health requirements; consumer guarantee.-
(1 )(a) For each dog transported into the state for
sale, the tests, vaccines, and anthelmintics required by
this section must be administered by or under the direc-
tion of a veterinarian, licensed by the state of origin and
accredited by the United Slates Department of Agricul-
ture, who issues the official certificate of veterinary
inspection. The tests, vaccines, and anthelmintics must
be administered no more than 30 days and no less than
14 days before the dog's entry into the state. The offi-
cial certificate of veterinary inspection certifying compli-
ance with this section must accompany each dog trans-
ported into the state for sale.
(b) For each dog offered for sale within the state,
the tests, vaccines, and anthelmintics required by this
section must be administered by or under the direction
of a veterinarian, licensed by the state and accredited
by the United States Department ot Agriculture, who
issues the official certificate of veterinary inspection.
The tests, vaccines, and anthelmintics must be admin-
istered before the dog is offered for sale in the state,
unless the licensed, accredited veterinarian certifies on
the official certificate of veterinary inspection that to
inoculate or deworm the dog is not in the best medical
interest of the dog, in which case the vaccine or
anthelmintic may not be administered to that particular
dog. Each dog must receive vaccines and
anthelmintics against the following diseases and inter-
nal parasites:
1. Canine distemper.
2. Leptospirosis.
3. Bordetella (by intranasal inoculation or by an
altemative method at administration if deemed neces-
sary by the attending veterinarian and noted on the
health certificate, which must be administered in this
state once before sale).
4. Parainfluenza.
5. Hepatitis.
6. Canine paIVo.
7. Rabies, provided the dog is over 3 month,S of
age and the inoculation is administered by a licensed
veterinarian.
8. Roundworms.
9. Hookworms.
It the dog is under 4 months of age, the tests, vaccines,
and anthelmintics required by this section must be
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