HomeMy WebLinkAbout2000 04 10 Informational C Current City Codes Regarding Animal Control
COMMISSION AGENDA
ITEM C
Consent
Informational X
Public Hearing
Regular
April 10.2000
Meeting
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C(;;
Mgr. I
Authorization
REQUEST:
The Community Development Department-Code Enforcement Division requests
the City Commission consider infonnation on current city codes regarding animal
control.
PURPOSE:
The purpose of this agenda item is to request the Commission consider information on current
city codes regarding animal control.
APPLICABLE LAW AND PUBLIC POLICY:
The City of Winter Springs has adopted the Seminole County animal control ordinance that
provides an Animal Control Board to review cases. Procedures are in effect that require certain
measures be taken when an animal has been found to be dangerous, fierce or vicious. When an
animal has exhibited aggressive behaviors then it may be deemed dangerous, fierce or vicious
depending on the extent of the behavior. Certain criteria for containment of the animal must be
adhered to in order for the owner to keep the animal.
CONSIDERA TIONS:
2 (two) years ago a young girl was bitten by a dog on Cheetah Trail when the girl entered the
yard of the animal. Recently, a man was bitten on the hand during a scuffle between his small dog
and the German Shepherd-type dog on Cheetah Trail. The man, Mr. Erbes, presented a petition
to this Division and to the Seminole County Animal Control Division containing 34 signatures
asking that the dog not be returned to the owner.
APRIL 10,2000
INFORMATIONAL AGENDA ITEM
Page 2
Seminole County Animal Control Division confined the animal until an investigation was
conducted. The Division interviewed the owners and some neighbors and presented this
information to the Animal Control Board. The Animal Control Board declared the dog to be
dangerous and returned the dog to its owner with instructions for confinement. The animal must
be securely confined within the owner's residence or within a specially constructed pen. When
outside the pen or residence, the dog must be muzzled and restrained by a substantial chain or
leash. The premises where the dog is confined must be posted with a clearly visible warning sign
at all entry points of the residence and the owner must present evidence of current rabies
vaccination.
If this animal, or any animal is reported loose in the area, Seminole County Animal Control staff
will respond and remove the animal if a city police officer verifies that the animal is off the
owners property and if the officer confines and holds the animal for pick-up. Currently, the City
of Winter Springs does not have an animal control division and relies on Seminole County for
these services.
The City Attorney is reviewing our code for possible alternatives and options available to the city.
STAFF RECOMMENDATION:
Staff recommends the City Commission review this information.
ATTACHMENTS:
A. Chapter 4, City Code, which is Chapter 20 of Seminole County Code
B. Petition from Mr. Erbes
COMMISSION ACTION:
ATTACHMENT A
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Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
ANIMALS AND FOWL
ANIMALS AND FOWL
Enabling Legislation, SS 20.1 - 20.10
Animal Control, SS 20.11 - 20.110
Art I In General, SS 20.11 - 20.48
Art II Rabies - Susceptible Animals, SS 20.49 - 20.67
Art III Kennels, SS 20.68 - 20.84
Art IV Care and Housing of Animals, SS 20.85 - 20.100
Art V Trust Fund, SS 20.101 - 20.110
Enforcement of Animal Control Ordinance, SS 20.111 - 20.140
Art I Enforcement Enabling Legislation, SS 20.111 _
20.120
Art II Citation Issuance, SS 20.121 - 20.140
Bear Lake Game and Bird Sanctuary, SS 20.141 - 20.143
Celery City Bird Reservation, SS 20.144 - 20.150
Illegal Harvest of Deer or Other Wildlife, SS 20.151 - 20.152
PART 1
ENABLING LEGISLATION
Sec. 20.1 Power to adopt ordinances to control animals.
The Board of County Commissioners of Seminole County
empowered to adopt ordinances for the control and leashing
domestic animals in the unincorporated areas of the County.
Laws of Fla., 7-9-69).
is authorized and
of dogs and other
(S 1, Ch. 69-1613,
Secs. 20.2 - 20.10. Reserved.
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Supplement No. 6
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20-1
[The next page is 20-5)
Chapter 20 - Animals and Fowl
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PART 2
ANIMAL CONTROL
ARTICLE I IN GENERAL
Sec. 20.11 Definition..
As used in this Part, the following terms shall mean as indicated below:
(a) Animal: Unless otherwise clearly required by the context, every
living, nonhuman creature.
(b) Animal at-large: Any animal off its owner's property and not under
restraint.
(c) Animal in distress: Any animal found abandoned, neglected, cruelly
treated, injured, starving or wounded.
(d) Animal shelter: The premises designated by the Board of County
commissioners for the purpose of impounding and caring for animals taken into
custody for violation of, or pursuant to, this Part.
(e) Animal control official: The person appointed, designated, or
employed by the County to enforce this Part.
(f) Bird: Any animal belonging to the class Aves.
(g) Commands: Any effective verbal or nonverbal control by a competent
person of an animal's behavior.
(
(h) Commercial kennel: Any premises operation or busine.8 used for the
commercial boarding, breeding, buying, selling or rearing of animals; providing
that said term shall not include animal hospitals unconnected with boarding,
beauty parlors unconnected with boarding, or incidental breeding, buying, selling
or rearing of animals by non commercial kennels.
(i) county: The unincorporated areas of the County, and those
incorporated areas which shall become governed by this Part in accordance with
section 20.12.
(j) Dangerous animal: All animals which by reason of their wild nature,
training, venomous characteristics, size or other attributes pose a special
hazard to humans or other animals. Said term shall include, by way of illustra-
tion and not l~itation, bears, lions, leopards, cheetahs, venomous reptiles,
constricting reptiles, piranha, sharks, poisonous insects and spiders, alligators
and crocodiles, attack dogs, tigers, eagles, hawks, simians, large prLmates and
elephants. Any rabies-susceptible animal which, because of the nonavailability
of a licensed vaccine, cannot be vaccinated against rabies shall also be deemed
a dangerous animal. This def inition shall also include any animal which has been
designated as dangerous by the Animal Control Official, or by the Animal Control
Board pu~suant to a temperament hearing.
(k) Dangerous dog: A dog defined as dangerous in section 767.11, Florida
Statutes, or which has been declared dangerous by the Animal Control Official or
supplement No. 6
20-5
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SEMINOLE COUNTY CODE
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the Animal Control Board. Dogs which have been declared dangerous by another
jurisdiction are also considered to be dangerous dogs in Seminole County.
(1) Domestic animal: Any equine or bovine animal, goat, sheep, swine,
dog, J;at, bird, poultry or other domestic animal or livestock.
~ (m) 'Fierce animal: Any dangerous animal or rabies-susceptible animal
whi'ch has for no observable motive exhibited aggressive or threatening tendencies
towards humans or other animals.
(n) Licensed veterinarians: A veterinarian licensed to practice medicine
by any state in the United States.
(0) Noncommercial kennel: Any premises used primarily as the domicile
of an animal owner, on which premises said owner breeds purebred or pedigreed
animals primarily for the purposes of improving the physical soundness, tempera-
ment and conformation of a given breed or breeds; provided that where said
animals are offered for sale, sold or exchanged for profit, and where said sales
shall comprise twenty-five (25) percent or more of said owners' income, such
operation shall be deemed a commercial kennel.
(p) Owner: Any person controlling, harboring, keeping, possessing,
boarding or owning an animal.
(q) Rabies-susceptible animals: All warm-blooded animals which are
capable of contracting rabies, and which are domestic by nature, or domesticated
or tamed.
(r) Severe injury: Any physical injury which results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive
surgery.
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(S) Under restraint: Controlled by chain, tether or leash, controlled
by command of a competent person and obedient to said person's commands, conf ined
within a vehicle being driven or parked on the street, confined within the
property limits of any parcel of land with the property owners' consent, or
confined within a crate or cage. To be under restraint by command, the animal
must be under the express effective command of a competent person at all times.
An animal is not to be construed to be "under restraint" simply because it can
be demonstrated that the animal is responsive to command it, in fact, the animal
is not actually under restraint by command or otherwise. It shall be prima facia
evidence that the animal was not under restraint by command if said animal bites
a person or another animal or trespasses upon private property without the
property owner's consent.
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// (t) Vicious animal: Any dangerous animal or rabies-susceptible animal
wh~Ch has, for any motive other than for self-defense, caused bodily harm to
humans or other animals.
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(S i>-.Q.rd: No. 72-10, 12-19-72; S 4, Ord. No. 74-8, 10-29-74; S 3, Ord. No. 76-
13, 6-15=76; S 4-1, sec, 9-27-77; S 1, Ord. No. 84-19, 3-13-84; S 1, Ord. No. 93-
12, 7-13-93).
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Supplement No. 6
20-6
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ANIMALS AND FOWL
Sec. 20.12 Scope.
This Part shall be applied and enforced within all unincorporated areas and
within all incorporated areas in which the governing bodies repeal all municipal
ordinances or portions thereof inconsistent with this Part and execute an
inter local agreement with the Board of County Commissioners for the administra-
tion of this Part. (S 2, Ord. No. 72-10, 12-19-72; S 2 Ord. No. 74-8, 10-29-74;
S 2, Ord. No. 76-5, 2-17-76; S 2, Ord. No. 76-13, 6-15-76; S 4-2, SCC, 9-27-77).
Sec. 20.13 ADLaal control board established.
There is hereby established a Seminole County Animal Control Board. (S 12,
Ord. No. 74-8, 10-29-74, S 4-3, SCC, 9-27-77).
Sec. 20.14 eo.pouition, appointaaDt aDd tara of .eaber. of board.
(a) The Animal Control Board shall consist of a licensed veterinarian,
a county humane society representative, a representative of the sheriff's depart-
ment and five (5) county citizens at-large, with each member of the Board of
County Commissioners appointing one such citizen at-large.
(b) All members of the Animal Control Board shall be appointed by and
serve at the pleasure of the Board of County Commissioners. The chairman of the
board shall be elected annually by the Animal Control Board from among its
members.
(5 12, Ord. No. 74-8, 10-29-74; S 4-4, SCC, 9-27-77; S 2, Ord. NO. 84-19, 3-13-
84) .
)
Sec. 20.15 Function of board.
The functions of the Animal Control Board shall be as follows:
(a) Hear and determine fierce, dangerous or vicious animal hearings in
accordance with Section 20.30, and dangerous dog hearings in accordance with
Section 20.33.
"(b) Hear and determine appeals by any person, firm or corporation
aggrieved by the issuance or denial of a license or permit by the animal control
official. All decisions of the Animal Control Board on any such appeal shall be
final, subject only to review by the Board of County Commissioners.
(c) Make recommendations to the Director of Public Safety regarding
animal care and regulations consistent with Florida Statutes and Chapter 20,
Seminole County Code. Said recommendations must first be approved by a majority
of the Animal Control Board prior to submission to the Director of Public Safety.
(d) The Animal Control Board shall meet at least three (3) times per
year. Special meetings may be called by the Chairman, or Vice-Chairman, or by
any three members of the Board upon forty-eight (48) hours notice to all members
and to the Animal Control Official and Director of Public Safety.
(5 4-5, SCC, 9-27-77; S 3, Ord. No. 84-19, 3-13-84; S 2, Ord. No. 93-12, 7-13-
93).
Supplement No. 6
20-7
)
SEMINOLE COUNTY CODE
s.c. 20.16 Quorua of board.
(
A majority of the members of the Animal Control Board shall constitute a
quorum. (5 4-6, SCC, 9-27-77).
Sec. 20.17 eo_pensatioD of board .embers.
The members of the Animal Control Board shall receive no compensation for
their services. (S 4-7, sec, 9-27-77).
S.c. 20.18 R..erved.
S.c. 20.19 Duty of aD1aal control official generally.
The animal control official shall be responsible for enforcement of this
Part other than the misdemeanor provisions hereof and the provision of the
Florida Statutes relating to animal welfare. (5 27, Ord. No. 74-8, 10-29-74;
S 4-9, sec, 9-27-77; 5 5, Ord. No. 84-19, 3-13-84).
S.c. 20.20 AD~l cODtrol official to reco".Dd rules aDd regulatioD..
The animal control official may, in a manner consistent with law and with
this Part reconvnend rules and regulations which are incident to the, proper
administration, implementation and enforcement of the provisions of this Part.
(S 27, Ord. No. 74-8, 10-29-74; 5 410, SCC, 9-27-77; 5 6, Ord. No. 84-19, 3-13-
84; S 4, Ord. No. 93-12, 7-13-93).
S.c. 20.21 Entry power of ..ploy.e..
(a) The animal control official and all employees of the animal control (
official shall have the right to enter upon any public property or may enter
private property with the written consent of owner or proper warrant or as
otherwise provided by law within the County, for the purposes of examining or
capturing any animal. Said employees shall have appropriate official identifica-
tion with them which identifies said employees as agents of the County when they
enter private property for the purpose of this section.
(b) lt shall be unlawful to interfere with any animal control official
or employees thereof in the legal performance of their duties, or to take or
attempt to take the animal from any animal control official or employees thereof,
or from any vehicle used by them to transport any animal; or to take or to
attempt to take any animal from the animal shelter without proper authority. Any
person found guilty of this section shall be punished as provided by law.
(S 27, Ord. No. 74-8, 10-29-74; S 4-11, SCC, 9-27-77; 5 7, Ord. No. 84-19, 3-13-
84) .
Sec. 20.22 Cruelty to aniaal..
It shall.be unlawful for any animal owner or person to cruelly deprive
food, water, shelter, and protection to any animal under his control and/or
custody, or to abandon, poison, cruelly beat, cruelly whip or kill any animal
under his, another' 8 or no one's control and/or custody, or to mutilate,
Supplement No. 6
20-8
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ANIMALS AND FOWL
overdrive, overload, overwork, torment, torture or otherwise cruelly ill-use any
animal. This section shall not apply to wild animals killed in the hunt by
customary and nonbrutal methods nor to wild rats, mice, insects, fish, arthropods
or verminl nor shall this section apply to medical research organizations duly
licensed and/or otherwise recognized or supported by state or federal law. (5
5, Ord. No. 74-8, 10-29-74, S 4-12, scc, 9-27-77).
State law reference - Similar provisions, S 828.12, F.S.
Sec. 20.23 ADi..la at-large prohibited; cuatody and confine..nt authorised.
(a) It shall be unlawful for any animal owner to allow either willfully
or through failure to exercise due care and control, his animals to run at-large
upon public property, unless said public property expressly authorizes the same,
or upon private property of others, including COrMlon areas of condominiums,
cluster homes, planned unit developments, and community associations without the
consent of all owners thereof, unless said private property owners authorize the
.ame by expre.. or implied con.ent.
(b) When any domestic animal is found at-large anywhere within the
County, whether licensed or otherwise and whether owned or otherwise, said animal
may be taken into custody by the animal control official or other law enforcement
officer to be impounded at the animal shelter and disposed as provided in Section
20.36.
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(C) Seminole County shall not be liable for any injury that may occur
while any animal control official or employees thereof or other law enforcement
officer is trying to capture, or transport, load, or unload any animal found at-
large in violation of this Part. In the event an animal is injured, the animal
control official shall file a written report of the circumstance. with the
Director of Public Safety within one (1) working day of such incident.
(S 4, Ord. No. 72-10, 12-19-72; S 6, Ord. No. 74-8, 10-29-74, S 4-13, sec, 9-27-
77; S 8, Ord. No. 84-19, 3-13-84; S 5, Ord. No. 93-12, 7-13-93).
Sec. 20.24 Urinating and defecating.
It ehall be unlawful for any animal owner to permit, either wilfully or
through failure to exercise due care and control, any animal to Boil, defile,
urinate, defecate, on any private or public property other than that of the owner
without expressed or implied consent. (s 7, Ord. No. 74-8, 10-29-74, S J, Ord.
No. 76-5, 2-17-76; 5 4-14, SCC, 9-27-77; 5 9, Ord. No. 84-19, 3-13-84).
Sec. 20.25 Noisy an~la.
It ahall be unlawful for any animal owner to permit, either wilfully or
through failure to exercise due care and control, any animal, in a continuing or
repeating manner, to bark, cry, howl, screech, squawk, scream, whine or cause
other objectionable' noises which disturb the comfort, peace, quiet or repo.e of
any per.~n re.iding in the vicinity. Upon the receipt of documentation of a
complaint from a law enforcement agency or a statement signed by three (3) or
more residents of Seminole County who reside in separate dwelllnqs in the
vicinity of the animal(s) or incident(B), averring that a violation of this
Supplement No. 6
20-9
)
SEMINOLE COUNTY CODE
(
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Section exists, the animal control official shall have reasonable cause to
determine that a violation of this Section has occurred. The statements mUBt be
made under oath before an individual authorized by law to take acknowledqment.
and must Bet forth the pertinent facts relating to the incident(s), including the
time(e), date(s), and location, the address or location of the owner of the
animal as well as the complainants and a description of the animal(e). The
animal control official shall also have the authority to investigate suspected
violations of this Section arising under any other circumstances. ($ 7, Ord. No.
74-8, 10-29-74; S 3, Ord. No. 76-5, 2-17-76; S 4-15, see, 9-27-77; 5 6, Ord. No.
93-12, 7-13-93).
Sec. 20.26 >>...qiDg or d~atroying property or ani.al..
(a) It ahall be unlawful for any animal owner to permit, either wilfully
or through failure to exercise due care and control, any animal to damage, harm
or deatroy the property or animal of another person.
(b) Every animal owner who intentionally, wilfully, carelessly, or negli-
gently suffers or permits ouch animal to run at-large, shall be liable in damages
for all injury and property damage by any person or animal by reason thereof.
(5 4-16, see, 9-27-77).
Sec. 20.27 Odor..
It ahall be unlawful for any animal owner, either wilfully or through
failure to exercise due care and control, to maintain his animal or the premiaes
upon which said animal is maintained, in auch a manner as to emit such ottensive
odors which disturb the comfort, peace or repose of any person residing in the
vicinity. (5 7, Ord. No. 74-8, 10-29-74; 5 3, Ord. No. 76-5, 2-17-76; S 4-17, (
see, 9-27-77).
Sec. 20.28 Bi~che. and f...le ca~. in hea~.
It shall be unlawful. for the owner of any female dog or cat in heat to fail
to confine said animal, either wilfully or through failure to exercise due care
and control, in such a manner so as to make said animal unaccessible to any male
dog or cat except for intentional breeding purposes. (s 8, Ord. No. 74-8, 10-29-
74; S 4-18, see, 9-27-77).
Sec. 20.29 COnfine.ent of fierce, dangerouB or vicious animal..
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(a) The owner of anY-fIerce animal, dangerous animal or vicious an~al
shall confine said animal within a building, cage or other secure enclosure and
shall not take said animal from said building, cage or secure enclosure unleaa
aaid animal is securely leashed, tethered, chained, muzzled, aneethetized and/or
otherwise restrained so as to protect persons and other animals, provided,
however, that this Beet ion .hall not apply to law enforcement or re.cue antmal.
actually engaged in law enforcement or rescue operations. Such animale of wild
or exotic nature, so classified by the Florida Game and Fresh Water Fiah Commis-
slon as requiring specific pen or enclosure, shall be caged in accordance with
the commission's regulationa. Any outside enclosure housing a trained attack dog
muet be completely surrounded by a fence or other wall at least six (6) feet in
height and have an anticlimbing device. All gates and entrances thereto must be
kept closed and locked and all fences or walls maintained escape proof.
Supplement No. 6
20-10
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ANIMALS AND FOWL
(b) Any owner either intentionally or negligently violating this section
shall be guilty of a misdemeanor and punished as provided by law.
(S 5, Ord. No. 72-10, 12-19-72; S 9, Ord. No. 74-8, 10-29-74; S 4-19, see, 9-27-
77; S 10, Ord. No. 84-19, 3-13-84).
Sec. 20.30 Diapoaal of fierce, daogerous or vicious aoiaala found at-large.
When any fierce, dangerous or vicious animal is found at-large anywhere
within the County, whether licensed or otherwise, and whether owned or otherwise,
said animal shall be taken into custody by the animal control official or any
other law enforcement officer to be impounded at the animal shelter and disposed
of a8 follows:
(a) Where such animal bears no indicia of ownership, it shall be confined
by the animal control official for five (5) days from the date it was taken into
custody. At the expiration of said five (5) days, if the animal control official
determines that said animal is fierce, dangerous or vicious, and if no owner has
appeared to claim said animal, said animal shall be deemed unowned and destroyed
in a humane fashion or otherwise safely disposed of alive.
)
(b) Where such animal bears an indicia of ownership, the animal control
official shall notify the owner of said animal by certified mail, return receipt
requested, of the animal's impoundment. Said animal shall be confined by the
animal control official for five (5) days from the date said certified mail
return is received by the animal control official. At the expiration of said
five (5) days, if the animal control official determines that said animal is
fierce, dangerous or vicious and if no owner has appeared to claim said animal,
said animal shall be deemed unowned and destroyed in a humane fashion or other-
wise safely disposed of alive.
(C) Where such animal is claimed in writing by its owner, said animal
shall remain confined by the animal control official at the animal shelter, or,
at the owner's request and expense, at some other secure quarters subject to the
sole control of the animal control official, pending a hearing before the Animal
Control Board to determine whether said animal is fierce, dangerous or vicious.
Said hearing shall be held not sooner than five (5) days nor later than twenty
(20) days from the date upon which the owner of said animal claims the same in
writing. At said hearing, the animal owner or his representative and any other
interested person may present any evidence relative to a determination of whether
said animal is fierce, dangerous or vicious. If the Animal Control Board
determines that said animal is fierce, dangerous, or vicious, the Animal COntrol
Board shall enter an order requiring that the vicious animal 8hall be de8troyed
in a humane fashion or otherwise safely disposed of alive. Any order providing
for the disposal of the animal alive, whether through release to the owner or
otherwi8e, 8hall be 8ubject to such conditions a8 the Animal Control Board shall
impose. Violation of any of the conditions imposed shall constitute a violation
of this Chapter and be punished as such. Violation of any conditions shall also
be sufficient grounds for the animal control official to obtain an additional
pick up order from a court of competent jurisdiction. The Animal Control Board
shall thereupon hold an additional hearing to determine further disposition of
the animal. Unless the owner of the animal consents, the animal shall only be
destroyed upon a finding that no reasonable alternative other than the destruc-
tion of the animal is sufficient to adequately protect the public. Any order
which provides for the destruction of the animal shall include a date before
which the destruction of the animal shall not take place. All decisions of the
Supplement No. 6
20-11
)
SEMINOLE COUNTY CODE
(
Animal Control Board shall be final and subject to review only by a court of
competent jurisdiction upon petition of the owner. Orders of the Animal Control
Board may be stayed pending court review, only by court order or by the Animal
Control Board upon payment by the owner of all impoundment and other f..es
incurred to the date specified and, in the event the animal is being confined at
the animal shelter, advanced payment of such fees as would accrue in the
succeeding six-month period. If court review should exceed six months, the owner
shall be required to pay, at the expiration of the initial six-month period, and
every month thereafter, one month fees in advance. At the time the animal is
released from the animal shelter by court order or destroyed or transferred to
other secure quarters, as provided above, any excess fees shall be refunded to
the owner within thirty (30) days. The owner of said animal shall be responsible
for all impoundment and other fees incurred regardless of the final determination
of the Animal Control Board or the court. This subsection shall not apply to
dogs which are found at-large.
(d) In a criminal proc....ding under this Part, the Animal Control Board
may, if r..que.t..d, make rocommendations based on independent finding. to a court
of competent jurisdiction and upon a conviction by the jury, the judge having
jurisdiction may order the vicious animal destroyed in a humane fashion or
otherwise safely disposed of alive. If the court of competent jurisdiction
determines that said animal is not fierce, dangerous or vicious, said animal
shall be returned to its owner upon payment of such fees as have been ,incurred
by reason of impoundment.
(S 6, Ord. No. 72-10, 12-19-72~ S 10, Ord. No. 74-8, 10-29-74, S 4-20, SCC, 9-27-
77~ S 11, Ord. No. 84-19, 3-13-84~ S 7, Ord. No. 93-12, 7-13-93).
Sec. 20.31 Dispo.al of fierce, dangerous or vicious animal. not at-large.
(a) Upon the written, sworn complaint of any person averring that an
animal has actually bitten, mauled, attacked, or otherwise injured any person or
any animal, the County may take the animal into custody with the owners consent,
or may require that the owner confine the animal in a securely fenced or enclosed
area. The County also may apply to a court of competent jurisdiction for an
order permitting the pickup and impoundment of said animal. In entering its
order, the court shall make a preliminary finding that probable cause exists to
believe the animal to be fierce, dangerous or vicious under this Part and a
threat to the public safety. If an animal has been taken into custody and
quarantined pursuant to Section 20.36, said animal shall remain in the cu.tody
of "the County until a determination has been made with regard to the fierceness,
dangerousness or viciousness of the animal. All costs of impounding the anLmal
shall be paid by the owner prior to releaBe of the animal.
(b) Once said animal is impounded pursuant to court order or after being
quarantined, a determination of the animal's fierceness, dangerousness or
viciousness shall be made in accordance with the procedure set forth in Section
20.30(c), or Section 20.32 and 20.33, if applicable, if the animal is a dog.
(C) Nothing in this section shall be deemed to affect any criminal
proceeding, nor shall any determination or deliberation by the Animal Control
Board be admissible in evidence in any criminal proceeding against the owner of
said impounded animal.
Supplement No. 6
20-12
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ANIMALS AND FOWL
(d)
impoundment
owner, may
quarters.
The court in entering its impoundment order hereunder, may order
at the animal shelter or, at the request and expense of the animal
in its discretion require impoundment to be at some other secure
(S 11, Ord. No. 74-8, 10-29-74; S 4-21, SCC, 9-27-77; S 12, Ord. No. 84-19, 3-13-
84; S 8, Ord. No. 93-12, 7-13-93).
Sec. 20.32 Procedure for Declaring Dog- Dangerou..
(a) If a dog which the animal control official believes may be dangerous
is impounded by the animal control official, the animal control official shall
investigate and determine if the dog is dangerous and if the animal should be
destroyed or released upon conditions. The owner may then file a written request
for a hearing before the Animal Control Board to appeal the classification by the
animal control off icial within ten (10) business days after receipt of the
written notice that the dog has been declared dangerous. If the owner has
custody of the dog at this time he must continue to confine the dog in a securely
fenced or enclosed area pending a hearing and determination by the Animal Control
Board. The dog shall not be destroyed while the appeal is pending.
(b) If an owner does not appeal the animal control official's designation
of the dog as dangerous, the owner must obtain a valid Certificate of Registra-
tion For Dangerous Dog within thirty (30) days of the designation.
(S9, Ord. No. 93-12, 7-13-93).
Sec. 20.33 Procedure for Dangerou. Dog Bearing.
)
(a) If a dog owner appeals the decision of the animal control official
pursuant to Section 20.32, the Animal Control Board shall hold a hearing to
decide if the dog should be declared dangerous. The hearing shall be held not
sooner than five (5) days nor later than twenty (20) days from the date upon
which the owner of said dog claims the dog in writing. At the hearing, the dog
owner or his representative and any other interested person may present any
evidence relevant to a determination of whether Baid dog is dangerous.
(b) The Animal Control Board shall hear and consider the evidence
presented at said hearing and make a determination as to whether or not the dog
meets the statutory definition of dangerous dog as incorporated in this Part.
In making a determination, the Animal Control Board must make a finding as to
whether or not the dog has inflicted a "severe injury".
(c) If a dog is found by the Animal Control Board to have aggressively
attacked and caused severe injury or death to any human, the dog shall be found
to be dangerous, held for ten (10) business days after the owner is given written
notification, and thereafter destroyed in an expeditious and humane manner.
(d) If a dog that has previously been declared dangerous by the Animal
Control Board, animal control official or another jurisdiction is found by the
Animal Control Board to have attacked or bitten a person or a domestic animal
without provocation, the dog shall be held for ten (10) business days after the
Supplement No. 6
20-13
)
SEMINOLE COUNTY CODE
owner is given written notification, and thereafter destroyed in an expeditious
and humane manner.
(
(e) If the Animal Control Board determines that a dog is dangerous but has
never previously been declared dangerous and has not inflicted a severe injury,
it shall enter an order that the dog be destroyed in an expeditious and humane
manner or be released upon conditions. If the Animal control Board determines
that said dog is dangerous and allows the dog to be released, the owner shall
comply with Section 20.34 and obtain a valid Certificate of Registration For
Dangerous Dog prior to the dog being released. Any order providing for the a
dog's release to its owner or otherwise, shall be subject to such conditions as
the Animal Control Board shall impose. Violation of any of the conditions
imposed shall constitute a violation of this Part and be punishable as Buch.
Violation of any conditions shall also be sufficient grounds for the Anitaal
control official to obtain an additional pick up order from a court of competent
jurisdiction. The Animal Control Board shall thereupon hold an additional
hearing to determine further disposition of the dog.
(f) Any order which provides for the destruction of a dog shall include
a date before which the destruction of the dog shall not take place. All
decisions of the Animal Control Board shall be final and subject to review only
by a court of competent jurisdiction upon petition of the owner. The destruction
of a dog may be stayed pending court review, only by court order or by th~ Anitaal
Control Board, upon payment by the owner of all impoundment and other fees
incurred to the date specified and, in the event the dog is being confined at the
animal shelter, advanced payment of such fees as would accrue in the 8ucceeding
six (6) month period. If court review should exceed six (6) months, the owner
shall be required to pay, at the expiration of the initial six (6) month period,
and every month thereafter, one (1) month fees in advance. At the time the dog
is released from the animal shelter by court order or destroyed, any excess fees ('
shall be refunded to the owner within thirty (30) days. The owner of said dog
shall be responsible for all impoundment and other fees incurred regardless of
the final determination of the Animal Control Board or the court. All costs of
impounding the dog shall be paid by the owner prior to release of the dog.
(S 10, Ord. No. 93-12, 7-13-93.)
Sec. 20.34 Confine.ent of Dog. Declared Dangerou. by tbe ADaal Control Official
or ADiaal Control Board.
(a) A dog which has been dec lared dangerous by the animal control
official or Animal Control Board shall be kept securely confined in one (1) of
the following ways:
(1) The dog may be securely confined inside the owner's residence.
(2) The dog may be securely confined inside a pen constructed on
the owner's property according to the following specifications:
(A) The floor shall consist of a concrete pad, no lees than
four feet (4') by eight feet (8') (thirty-two (32) square feet).
Supplement No. 6
20-14
~
')
)
).
ANIMALS AND FOWL
(B)
The sides must consist of chain link at least six feet
(6') in height.
(C) The top must be enclosed and provide adequate shade and
protection from the elements.
(D) The structure must have secure sides and a secure top to
prevent the dog from escaping over, under or through the structure.
(E) The gate must be lockable and remain locked when the dog
is penned and must be suitable to prevent the entry of young children and
designed to prevent the dog from escaping; provided, however, that before the
release of said dog from the animal control official, the pen must be completed
and inspected by the animal control official. The owner shall have the Bole
responsibility to contact the animal control official to arrange for the
inspection.
(b) The dog shall be kept in the locked pen or inside the owner's
residence when the owner is not present on the property.
(c) The dog shall not be let outside the residence or pen unless the dog
is muzzled and restrained by a substantial chain or leash and under control of
a competent person. The muzzle shall be made in a manner that will not cause
injury to the dog or interfere with its vision or respiration but shall prevent
it from biting any person or animal. The owner may exercise the dog in a
se~urely fenced or enclosed area without a muzzle or leash if the dog remains
within sight of the owner and only members of the owner's immediate household or
persons eighteen (18) years of age or older are allowed in the enclosure when the
dog is present.
(d) The premises at which the dog is located shall must be posted by the
owner with a clearly visible warning sign at all entry points that informs both
children and adults of the presence of a dangerous dog on the property.
(e) Prior to release to the owner, the owner shall show proof that the
dog meets the following requirements:
(1) Current rabies vaccination.
(2) Current Seminole County Pet License.
(f) The owner shall irrunediately notify the Seminole County animal control
official if the dog:
(1) Is loose or unconfined.
(2) Has bitten a human being or attacked another animal.
(3) Is sold, given away or dies.
(4) Is moved to another address.
Supplement No. 6 20-15
SEMINOLE COUNTY CODE
(
(g) Prior to the dog being sold or given away, the owner shall provide the
name, address and telephone number of the new owner to the animal control
official.
(h) When being transported, the owner shall insure dog is safely and
securely restrained within a motor vehicle or trailer.
<s 11, Ord. No. 93-12, 7-13-93).
Sec. 20.35 Reporting aniDal bite..
It shall be the duty of every attending practitioner licen.ed to practice
medicine, osteopathic medicine, or veterinary medicine or any other pereon
knowing of or in attendance on a case to promptly report to the Seminole County
Health Department every instance in which a person is bitten by an animal. (5 25,
Ord. No. 74-8, 10-29-74; S 4-22, SCC, 9-27-77; 5 13, Ord. No. 84-19, 3-13-84; S
9, Or. No. 93-12, 7-13-93).
Sec. 20.36 capture, iapoUDdaeot, etc., of aoiaal. which bite people.
(a) Any rabies susceptible animal which is reported to have bitten a
person shall be captured alive, if possible, or taken into custody pursuant to
Sec. 20.31. If the animal is subject to the jurisdiction of the State of
Florida, it shall be placed under the surveillance of the Seminole County Health
Department or their authorized representative and shall be handled pursuant to
State law and Department of Health and Rehabilitative Services Rules and
Regulations. If not subject to State jurisdiction, such animal shall be
impounded and quarantined by the animal control official while the applicable
procedures are followed to determine whether the animal is fierce, dangerous or
vicious.
(b) In the event the animal is killed, a report of the conditions and
reasons for killing the same shall be filed by the animal control official with
the Director of Health and Human Services within ten (10) days of such killing.
(c) If the animal is deemed unowned pursuant to Sec. 20.30, it shall
either be quarantined for a period of time necessary to determine if it has
rabies, or be immediately destroyed in a humane fashion, and its head detached
without mutilation. The head shall immediately be submitted to the nearest
Department of Health and Rehabilitative Services Virus Laboratory.
(d) It the animal is claimed by its owner pursuant to Section 20.30(3)
the animal shall not be released until it has been quarantined for a period of
ten (10) days or such longer period as the animal control official determines is
necessary to determine the presence of rabies. In the event there is no licensed
vaccine available for the species of animal being held and the necessary incuba-
tion period would, in the opinion of the animal control official, unnecessarily
jeopardize the health or life of the bite victim, then the animal shall be
immediately destroyed and the head shall immediately be submitted to the nearest
Department of Health and Rehabilitative Services Virus Laboratory. If, at any
time during the period the animal is impounded, it is determined by the animal
control official that the animal has rabies, the animal shall immediately be
destroyed. The owner shall be notified of the provisions of this section at the
Supplement No. 6
20-16
ANIMALS AND FOWL
time the animal is claimed. Failure to provide this notice shall not impose any
civil or criminal liability upon Seminole County, its agents or employees.
(S 25, Ord. No. 74-8, 10-29-74; S 4-23, see, 9-27-77; S 14, Ord. No. 84-19, 3-13-
84; SS 9, 12, Ord. No. 93-12, 7-13-93).
Sec. 20.37 Disposition of dead an~.18; required; procedure.
When any animal dies on public or private property, it ahall be the reapon-
sibility of the owner of said animal or the owner of said private property to
remove and dispose of said animal immediately. Should the owner not be aware of
said animal's presence, the following procedures shall be followed:
(a) When any dead animal is found upon public property, the owner of said
animal'shall remove and dispose of said animal, upon notification by the animal
control official or any other law enforcement officer, so as not to constitute
a nuisance. If the owner of said animal should fail to do so within a reasonable
time, the County shall remove and dispose of said animal and charge the cost of
said removal and disposal to the owner of said animal if known.
(2) When any dead animal is found upon private property, the owner of
said animal or the owner of said property shall remove and diapose of said
animal, upon notification by the animal control official or any other law
enforcement officer, 80 as not to constitute a nuisance. If the owner of said
animal or the owner of said property shall fail to do so within a reasonable
time, the County shall remove and dispose of said animal and charge the cost of
said removal and disposal to the owner of said animal if known, and if not known,
then to the owner of said property.
)
(S 28, Ord. No. 74-8, 10-29-74; S 4-24, see, 9-27-77; S 15, Ord. No. 84-19, 3-13-
84; S 9, Ord. No. 93-12, 7-13-93).
Sec. 20.38 ADiaAls found in distress. - Repealed
(S 29, Ord. No. 74-8, 10-29-74; S 4-25, see, 9-27-77; S 16, Ord. No. 84-19,
3-13-84; S 9, Ord. No. 93-12, 7-13-93).,
State 'law reference - Animals in distress, S 828.073, F.S.
Sec. 20.39 Iapounding, dispo.ing of and redeeming animal..
(a) When any rabies-susceptible animal is found without a current tag,
or when any animal is found in violation of any provision of this Part, said
animal may be taken into custody by the animal control official or any other law
enforcement officer to be impounded at the animal shelter and disposed of as
follows:
(1) Where such animal bears no indicia of ownership, sald animal
shall be confined by the animal control official for five (5) days from the date
said animal is taken into custody. At the expiration of said five (5) days, if
no owner has appeared to claim said animal, said animal shall be deemed unowned
and destroyed in a humane fashion or otherwise disposed of alive.
Supplement No. 6
20-17
)
SEMINOLE COUNTY CODE
(
"
(2) Where such animal bears an indicia of ownership, the animal
control officer shall notify the owner of said animal by certified mail, return
receipt requested, of the animal's impoundment. Said animal shall be confined
by the animal control official for five (5) days from the date said certified
mail return is received. At the expiration of said five (5) days, if no owner
has appeared to claim said animal, said animal shall be deemed unowned and
destroyed in a humane fashion or otherwise disposed of alive.
(b) Live animals may not be disposed of to any medical school, college,
university, person, firm, association or corporation, for experimentation or
vivisection purposes, or to any person providing, selling, or supplying dogs and
cats and other animals to any medical school, college, university, person, firm,
association or corporation for experimentation or vivisection purposes.
(1) Live animals that, in the personal discretion of the animal
control official, or a licensed veterinarian, are ill or injured so seriously
that medical treatment would needlessly prolong the animal's life, may be put to
death, provided that the animal bears no indicia of ownership.
(c) Animals shall be released to owners only upon presentation of proof
of ownership and after proper inoculation, licensing, and payment of impounding
fees, "in-heat" fees and such other fees as the Board of County Commissioners
shall establish from time to time by resolution.
(d) At the discretion of the animal control official, animals may be
disposed of by adoption, under conditions specified by the animal control
official. Those animals may be adopted by agreement in writing to the conditions
of adoption and payment of such fees as may be established by resolution of the
Board of County Commissioners. The conditions and cost of adoptions shall be
prominently displayed at the animal shelter.
(
(S 23, Ord. No. 74-8, 10-29-74; S 4, Ord. No. 76-13, 6-15-76; S 1, Ord. No. 80-
45, 9-30-80; S 4-26, SCC, 9-27-77; S 17, Ord. No. 84-19, 3-13-84; S 9, Ord. No.
93-12, 7-13-93).
Sec. 20.40 Animals exempt fro. Part.
(a) The licensing provision of this Part shall not apply to greyhounds
kept, maintained or brought into the County for the purpose of racing at licensed
greyhound tracks; animals used as part of entertainment acts when properly
controlled, nor shall said provisions apply to animals remaining in the County
for a period of less than thirty (30) days; or to livestock, or to purebreds
kept, maintained or brought into the County for the purpose of training; pro-
vided, however, that nothing in this section shall prohibit the demand for proof
of vaccination done in another state, and failure to provide said proof upon
demand shall require said animal to be vaccinated under the provisions of Section
20.,49 upon order of the animal control official.
(b) During legally declared hunting seasons, as the same shall be desig-
nated from year to year by the Florida Game and Fresh Water Fish Commission or
the Legislature, hunting dogs shall be exempt from the terms of Section 20.23
when engaged in a hunt or at-large as a result of a hunt.
(S 26, Ord. No. 74-8, 10-29-74; S 4-27, sec, 9-27-77; S 18, Ord. No. 84-19, 3-13-
84; S 9, Ord. No. 93-12, 7-13-93).
Secs. 20.41 - 20.48 Re.arved.
Supplement No. 6
20-18
(The next page is 20-25]
I
(
A TT ACHMENT B
"
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We the residents on cheetah trail recommend that the animal
control do declare the dog is a very da,ngerous animal and that it
not be returned to 1216 cheetah trail. This dog has attacked and
bitten two people. )
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control do declare the dog is a verecommend that.the animal
n?t be returned to 1216 cheetah trZ.ld~~~erous aOlmal and that it
bitten two people. I . IS dog has attacked and
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We the residents Of1l cheetah trail recommend that the animal
control do declare the dog is a very dangerous animal and that it
not be returned to 1216 cheetah trail. This dog has attacked and
bitten two people.
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