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HomeMy WebLinkAboutOrdinance 101 Dogs/Cats EXEMPTION ORDINANCE NO. 101 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, TO LICENSE AND REGULATE THE KEEPING OF DOGS AND CATS WITHIN THE CITY 0F WINTER SPRINGS, FLORIDA; ESTABLISHING THE METHODS FOR OBTAINING LICENSES; FIXING THE FEES TO BE PAID FOR SAID LICENSES; PRESCRIBING CERTAIN RULES AND REGULATIONS PERTAINING TO THE KEEPING OF DOGS AND CATS; PROVIDING FOR THE IMPOUNDMENT OF DOGS AND CATS; PROVIDING PENALTIES FOR THE VIOLATIONS OF THIS ORDINANCE; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS; SECTION 1. Definitions: 1. The use of the term OWNER is hereby defined to include any person, firm, association, or corporation owning, keeping or maintaining a dog or a cat within the territorial limits of the City of Winter Springs, Florida. 2. The use of the term ANIMAL CONTROL OFFICER shall mean the animal control officer who is designated by the City Councilor the Chief of Police or such police officer as the Chief of Police may designate to assist him to carry out and enforce the provisions of this ordinance. 3. The use of the term DOG POUND shall mean any confinement pound designated by the City Council of the City of Winter Springs, Florida. SECTION 2. Licensing: That hereafter it shall be unlawful for any person, persons, firms, or corporations to own, possess, keep, or harbor a dog or a cat within the City of Winter Springs, Florida without first having the said dog or cat inoculated for rabies and thereafter obtaining a license for such dog or cat in com- pliance with the provisions hereinafter set forth. SECTION . 3 Term of License : That the owner of every dog or cat shall procure an annual licensefor such dog or cat on or before the first day of August of each year except as herein above setforth; said license to be issued by the Chief of police of the City of Winter Springs, Florida, and shall expire one year from the date of issuance. SECTION 4. Conditions of Licensing: That theAnimal Control Officer of the City of Winter Springs, Florida, shall issue a dog or cat license to each owner upon the application therefor , first having com- plied with the following regulations: (a.) Eachowner shall file an application with the Chief of police of the City of Winter Springs, Florida, on a form to be furnished, stating there in the full name and resident address of the said owner, together with a description of the dog or cat to be licensed. Said application shall be accompanied by a certificate of a veterinary doctor certifying that within thirty days prior to the date of the application, the dog or cat has been inoculated against rabies and the date and place of such inoculation. In the event that a dog or cat was inoculated more than thirty days prior to the date of application, and the owner furnishes sufficient proof thereof, an initial license, may be obtained on a pro-rated basis until such time as the inoculation peried expires. Upon reinoculation, a license shall be required to run concurrent with the reinoculation peried. (b) Each applicant shall pay to the City of Winter Springs , Florida, an annual license fee of $3.00 for each dog or cat. -2- (c) Should a change occur in the ownership of a licensed dog or cat within the City of Winter Springs, Florida, the license so issued may be transferred to the new owner and the license so transferred to the new owner shall be valid for the unexpired term of the license year for which it was issued. SECTION 5. Issuance of Tags: That the Animal Control Officer shall furnish each applicant or owner, simultanerously with the issuance of the license, and without additional charge, a plastic tag which shall have plainly printed or stamped thereon the following. "The City of Winter Springs, Florida," the year of expiration, and consecutively numbered. A record of each number and the date the license was obtained shall be maintained by the Animal Control Officer to be used for identifying lost, strayed dogs or cats. SECTION :6. Contol of Dog or Cat: That no dog or cat licensed, muzzled, unmuzzled or inoculated against rabies shall be allowed upon the public thoroughfares, streets, avenues, or alleys of the City of Winter Springs, Florida, or in public places such as restaurants, theaters, public conveyances and the like , or upon property other than that of its owner, unless the dog or cat shall be fastened to a suitable leash of dependable strength, not to exceed 8 feet in length, or unless the animal is under the control of the owner or other responsible person known ,to the dog or cat; said owner or other responsiible person shall be within a distance of three hundred (300)' feet from the animal at all times, unless the dog er cat is running on property other than -3- that of its owner with the express or implied consent of the owner of the property. Any female dog or cat in heat must be on leash at all times when in public places or on the public streets or on premises other than that of the owner. SECTION 7. Areas probhited: That no dog or cat, whether on leash or without leash muzzles, or unmuzzled, shall be permitted at any time to enter a store in the City of Winter Springs, Florida, where food for human consumption is held for sale, and it shall be the duty of the owner or manager of such store to post a sign in a conspicuous place and manner apprising dog or cat owners that dogs or cats are not permitted within the premises. SECTION 8. Collar Required: That each dog or cat over the age of six months shall wear a substantial, durable collar or harness at all times, to which a license tag shall be securely attached; said tag shall not be used on the collar or harness of any dog or cat other than the one for which it was issued, and no person shall remove the collar or tag, or both, from any dog or cat without the consent of the owner to whom the license was issued. SECTION 9 . Running at Large prohibited: That any unlicensed dog or cat running at large shall be seized by the Animal Control Officer of the City of Winter Springs, Florida, and impounded in the Dog Pound. That upon any dog or cat licensed or unlicensed being impounded in the Dog Pound under this ordinance, the Animal Control Officer shall promptly notify the owner of such dog or cat if the name and address is known. Notice shall be givenby -4- mail and telephone when possible. If the name and address is unknown, notification shall be given by posting the same in three conspicuous places within the City of Winter Springs, Florida. Notice to the owner as herein provided for, shall contain a description of the dog or cat, the date impounded, and the date that the dog will be disposed of and the date of such action or the date that the cat will be disposed of and the date ef such action. That no household in the City of Winter Springs, Florida, shall own er contain more than two dogs and two cats without the express consent of the City Council of the City of Winter Springs, Florida. Once permission is obtained from the City Council, additional dogs or cats may be maintained in the same house- hold until such time as a public complaint is registered against their domicle or maintenance. The City Council of the City of Winter Springs, Florida, shall have the right to revoke the granting of this special exemption as set forth above at any time. SECTION 10. Lost Dog or Cat: It shall be the duty of every owner of a dog or cat, licensed or unlicensed, which is lost, strayed, or stolen, to promptly notify the Animal Control Officer in writing, the said notice shall contain a description of the dog, the day when lost, strayed, or stolen, and the owner's name and residence address. SECTION 10. Fees for Impounded Dog or Cat: That the owner of any impounded dog or cat may reclaim and repossess said dog or cat during the first twenty four (24) hour period for a $500 charge and at any time within six (6) days after the impounding and upon payment of a fee of $3.00 per day for the care and maintenance of the dog or -5- cat while impounded, and in the case of an unlicensed dog, or cat, upon the obtaining of a license for such dog or cat as herein provided for. SECTION 12. Owner may Reclaim: That if the owner of any dog or cat, licensed or unlicensed, fails to reclaim and repossess such dog or cat within six days from the day of imopounding, the Animal Control Officer may cause said dog or cat to be sold or otherwise disposed of, and in the event of sale, the proceeds of the sale shall first be applied to defray the cost of care and maintenance of the dog or cat while impounded, and the balance then remaining shall be paid to the owner of the dog or cat, if known, and if the said owner is unknow, the said balance shall be paid into the treasure of The City of Winter Springs, Florida, and credited to the General Fund, the same as all other fees and charges collected under this ordinance, and which fees, charges, and proceeds of sales are hereby appropriated to defray the cost of license tags, clerical costs, and the care of impounded dogs and cats which are not claimed and respossessed by the Onwer. SECTION 13. Rabies: that any dog inflicted with rabies, or which displays symtoms of rabies, or any cat inflicted with rabies, or which displays symptoms of rabies, or any dog or cat that has bitten a person or persons within a period of fifteen days prior to knowledge of such biting being brought to the attention of the Animal Control Officer, shall be sized and impounded in the Dog Pound and maintained therein for a period not exceeding fifteen days. Upon expiration of such -6- fifteen day period if the dog or cat shall not be afflicted with rabies during this time it shall be returned to the owner. All charges for care and mainteuance of such dog or cat while in quarantine shall be paid by the owner of the dog or cat. If it is impractical to capture such dog or cat for the purpose of impounding it shall be the duty of the Animal Control Officer to kill such dog or cat. SECTION 14. It shall be unlawful for any person or persons to keep or harbor or own any dog or cat in the City of Winter Springs, Florida, which is destructive or indulges or engages in frequent or habitual barking, yelping or howling, or which is mean or vicious. It shall be unlawful for any person who shall refuse to deliver his dog or cat or dogs or cats to the Animal Control Officer when requested to do so under the provisions of this ordinance. SECTION 15. Cruel & Inhuman Treatment: It shall be unlawful for any person or persons owning a dog or cat to treat the said animal in a cruel and inhuman manner. SECTION 16: Violations: That any person or persons, firms, associations or corporations violating any of the provisions of this ordinance, upon conviction thereof, shall be punished by a fine not to exceed TWO HUNDRED DOLLARS ($200.00), or by imprisonment for a term not to exceed sixty (60) days, or by both such fine or imprisonment. SECTION 17 Any person who in any way interferes with the police or the Animal Control Officer or hinders any officer in the -7~ performance of any required duty under this ordinance shall, upon conviction thereof be punished as provided in Section 16 of this ordinance. SECTION :18 That all ordinances, or parts of ordinances in con- flict herewith shall be and the same are hereby repealed. SECTION 19. that if any section or portion of section or sub- section of this ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or portion of a section or subsection or part of this ordinance. SECTION 20 : This ordinance shall take effect immediately upon passage. FIRST READING April 22, 1974 FINAL READING May 6, 1974 Troy J. Piland MAYOR OF THE CITY OF WINTER SPRINGS, FLORIDA ATTEST: Mary T. Norton CITY CLERK -8- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO CONSIDER the adoption of an ordinance by the City Council of the City of Winter Springs, Florida TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of WINTER SPRINGS, FLORIDA, that said City Council will hold a public hearing at 7:30 p.m., or as soon thereafter as possible, on Monday, April 22, 1974, to consider the adoption of an ordinance by the City of WINTER SPRINGS, FLORIDA, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, TO LICENSE AND REGULATE THE KEEPING OF DOGS AND CATS WITHIN THE CITY OF WINTER SPRINGS, FLORIDA; ESTABLISHING THE METHODS FOR OBTAINING LICENSES; FIXING THE FEES TO BE PAID FOR SAID LICENSES; PRESCRIBING CERTAIN RULES AND REGULATIONS PERTAINING TO THE KEEPING OF DOGS AND CATS; PROVIDING FOR THE IMPOUNDMENT OF DOGS AND CATS; PROVIDING PENALTIES FOR THE VIOLATIONS OF THIS ORDINANCE; SEVERABILITY; CONFLICTS AND EFFECTIVE DATE A copy of said ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Flerida, for all persons desiring to examine same. ALL INTERESTED PARTIES ARE INVITED to attend and be heard. THIS NOTICE SHALL be posted in The Orlando Sentinel Star Legal Review, a newspaper of general circulation in said city, one (1) time at least 15 days prior to the time of the public hearing. DATED this 1st day of April, A.D. 1974. Mary T. Norton, CITY CLERK WINTER SPRINGS, FLORIDA THOMAS G. FREEMAN, ESQ. P. O. Box 548, Altamonte Springs, Fl Attorney for the City of Winter Springs, Fl Thomas G. Freeman Attorney at Law (305) 831-1896 March 28, 1974 1007 Highway 436, P.O. Box 348 Altamonte Springs, Florida 32701 Legal Notices The Orlando Elentinel Star Legal Review Publication P. O. Box 2833 Orlando, Florida 32802 Re: City of Winter Springs, Florida Public Hearing, April 22 Gentlemen: Enclosed is a copy of a Notice of Public hearing for publishing on Thursday, April 4 (one time) in the Legal Review Section. Please furnish me with a proof of publication, on which I would appreciate it if you would add "and also circulated in Seminole County." Also, please send the bill to me. If there are any questions, please telephone my office. Sincerely yours, LAW OFFICES OF THOMAS G. FREEMAN Thomas G. Freeman TGF:mlm Enclosure LAW OFFICES OF THOMAS G. FREEMAN THOMAS G. FREEMAN EDMUND T. WOOLFOLK March 28, 1974 POST OFFICE BOX 548 1007 HIGHWAY 436 ALTAMONTE SPRINGS, FLORIDA 32701 TELEPHONE (305) 831-1896 Mrs. Mary T. Nerton City Clerk, City Hall Winter Springs, Fl 32707 Re: Public Hearing April 22 (Dog & Cat Ord) Dear Mary: Enclosed is the Original Notice ef Public Hearing in relation to the above captioned matter. I have also enclosed three copies ef same. This has been sent to' the Orlando Sentinel for publicatien en April 4 in the Legal Review Section. Sincerely yours, LAW OFFICES OF THOMAS G. FREEMAN Thomas G. Freeman TGF:mlm Enclosures April 23. 1974 Attorney Thomas Freeman Dear Mr. Freeman : Enclosed please find Ordinance No. 101 which is to be retyped. Thank you very much for letting me make a copy of it. Yours truly, Mary Norton, City Clerk ADVERTISING CHARGE . ,1:2. (JI~~ i5fa~ ttf J1l1ttriba} SS. COUNTY OF ORANGE he iB----- .d V2r t i ~)L nF~ ,;entinel Star 1Jircctor of the Before the undersigned authority personally appeare<l _1'.. J. j\u::,)tin , who on oath says that a Daily newspaper published at Orlando, in Orange County, Florida; that the attached copy of advertisement, being a riotice of 'u':;lic He.rinG in the matter of To con::'3ictel' the ado;,ti"n of em ordinr.nce h" tl',(; Cit;'1 of Lin+-c'r"'Y'r~p'~c: 1-<) lic(.)n3e (,nd :t,p:n,l,d'p fhe J:ce.j,)in~'. of d6'''',~;; :)lnd CElts" ete.;. '. ." " III tne Court, was published in said newspaper in the issues of j. ))r i 1 1;., 1 C) 7 4. anel Ell;.:o circuL,ted ::..n ,;8Llin,:jle County, lloricb Affiant further says that the sai<l ;ent,inel ,jt,lr is a newspaper published at Orlando, in said Orange County, Florida, and that the said newspaper has heretofore been continuously published in said Orange County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Orlando, in said Orange County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement, or is a direct successor of a newspaper which together have been so published; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the ooid new,p"p" /fY/1O .u/J;t;:;u Sworn to and subscribed before me this.. LF 1., 1l day ~v ~ ;. nr 11 , A. D. 19--24.-, h1,,~~~ In tfh~~ Notary Public, Notary Public, Slate of Florida at La M rg. Y Commission I:xpires May' 4, 1977 Bondad by A . f' .,mencgn Ire & Casualty Co. oL---