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HomeMy WebLinkAboutOrdinance 126 Animal Control ORDINANCE NO. 126 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING THE ANIMAL CONTROL AND PROTECTION ORDINANCE OF SEMINOLE COUNTY, FLORIDA, COUNTY ORDINANCE NUMBER 74-8; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH EXCEPT SECTION 4-27(b), ARTICLE II. DOGS AND CATS, CHAPTER 4, CODE OF ORDINANCES, CITY OF WINTER SPRINGS, FLORIDA; SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City Council of The City of Winter Springs, Florida, is desirous of entering into an inter-local agreement with the Board of County Commissioners of Seminole County, Florida, pro viding that the Board of County Commissioners shall administer the animal control and protection ordinance of Seminole County, Florida NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION 1. ANIMAL CONTROL AND PROTECTION ORDINANCE OF SEMINOLE COUNTY, FLORIDA, ADOPTION. That the City of Winter Springs, Florida hereby adopts by reference as though fully set forth herein the "Animal Control and Protection Ordinance of Seminole County, Florida", County Ordinance No. 74-8, and all amendments and additions thereto except as otherwise provided in this ordinance. SECTION 2. CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict herewith are hereby repealed except Section 4-27(b), Article II. Dogs and Cats, Chapter 4, Code of Ordinances, City of Winter Springs, Florida, which is not repealed but shall remain in full force and effect. SECTION 3. SEVERABILITY. If any section or part of section of this Ordinance proves to be invalid, unlawful or un- constitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or part of section of this Ordinance. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this 6th day of October, 1975. FIRST READING: SEPtEMBER 22, 1975 SECOND READING: OCTOBER 6, 1975 CITY OF WINTER SPRINGS, FLORIDA By Troy J. Piland MAYOR ATTEST: Mary T. Norton CITY CLERK NEWMAN D. BROCK ATTORNEY AND COUNSELOR AT LAw 818 EAST SEMiOBAN BOULEV....RD ALTAMONTE SPRINGS, FLORIDA 32701 I!IUIT1l: 807 SBKOBAX BUILDING ;jr)^'jte,'nl)(:r ~~, 1'')75 :tELEPHONE 1(011) a30-6808 Si(~rle''}. ~lib.lcr., ~.Jr., Chatrm,ll-:1 Board of Cour:t'T COYIrlissioners Seminole County ':ourthollse Sanford, Florida 3~771 PJ:;. }'\.nimal Control and Prote.ction Ordinance of Seminole Count:?, Flori..da 0r(lir:c.::ce j~lo. 7L~-B Dear ~i<J: The City of T'!intc:.:r Springs is planning to adopt by reference, in. its entirety, t!:'.'1 above-referenced ordinance :lnd :"L'lC set a public h,eari.n? For saJ11e onSentcnber 22, 1975. 'Please check ,',it:I t'le County Attorney ref',arding: preparation of the inter-local agreement in order that the agreement and ordinance ~~la'l ~:)e taker: care of s inl"...11taneous 1;" . Thank in?' vou in adv:'!.rtce " for your usual cocneration, I am Very truly yours, I!I NEWMAN D. BROCK ;';E':w"l'la~} 1). '?,rock. City Attornc'l Ci.tv 0 F T,Ti,ntc.~'!~ S~rings, Florid:1 HDF>/djh cc ::'farv 'T ';orton COUNTY OF SEMINOLE FLORIDA BOARD OF COUNTY COMMISSIONERS PHONE; (305) 323 - 4330 September 17, 1975 COURTHOUSE N. PARK AVE. SANFORD, FLORIDA 12771 Honorable Troy J. Piland, Mayor City of Winter Springs City Hall Winter Springs, Florida 32707 Dear Mayor Piland: In reference is made to your September 15, 1975, letter regarding animal control services as furnished by Seminole County to the City of Winter Springs and please be informed that the County Commission has authorized the employment of an additional animal control officer to assist with this specific expansion and service, including new services that will be rendered to the City of Altamonte Springs. We can reasonably insure the Winter Springs City Council that your citizens will receive adequate service through the animal control interlocal agreement. Thank you very much for your interest. Respectfully, BOARD OF COUNTY COMMISSIONERS Sidney L. Vihlen, Jr., Chairman SLVjr/dr cc: Board of County Commissioners Bruce Clark, Animal Control Officer ORDINANCE NO. SEMINOLE COUNTY, FLORIDA An ordinance relating to Seminole County, Florida; providing for comprehensive animal control; provid- ing that the ordinance shall be applied and enforced in all unincorporated areas of Seminole County and in all incorporated areas ef Seminole County which shall repeal all inconsistent municipal ordinances and exe- cute an agreement for the administratien of said ordinance; providing title and definitions; prohibit- ing animal cruelty; prohibiting the running of animals at large; prohibiting animal nuisances; regulating female dogs and cats in heat; providing for the con- finement of fierce, dangerous and vicious animals; providing for disposal of fierce, dangerous or vicious animals; creating an Animal Control Board; requiring rabies vaccination; requiring animal license tags; setting forth conditions for issuance of animal license tags; setting forth the duration of animal license tags; regulating commercial and non-commercial kennels; requir- ing licenses for commercial kennel operations; prohibit- ing nuisances in or about non-commercial kennels; prov- iding for the impoundment, disposition and redemption of animals; establishing precedures pertaining to ani- mal bites and animals suspected of having rabies; pre- viding exemption; setting forth the duties of the Animal Welfare Officer; requiring the disposition of dead ani- mals; protecting animals found in distress; providing penalties; contruction and severability clauses; and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: Section 1. AUTHORITY AND PURPOSE. This ordinance is enacted under authority of Article VIII, Section 1{f) of the Constitution of The State of Florida, under authority of Florida Statutes, Chapter 125 (1973), and under the general Home Rule Power of the County of Seminole for the purpose of providing a comprehensive animal control ordinance in the interests ef the public health, safety, and welfare of the citizens and inhabitants of Seminole County, Florida. Section 2. SCOPE. This ordinance shall be applied and enforced within all unlncorporated areas of Seminole County and within all incorporated areas of Seminole Ceunty in which the governing bodies shall: (a) repeal all municipal ordinances or pertions thereof inconsistent with this ordinance, and (b) exe- cute an inter-local agreement with the Board of County Commis- sioners of Seminole County fer the administration of this ordin- ance. Section 3. TITLE. This ordinance shall be referred to as the Animal Control and protection Ordinance of Seminole County, Florida. Section 4. DEFINITIONS. In construing this ordinance: (a) "Board" shall mean the Board of County Commission- ers of Seminole County, Florida. (b) "Seminole County" shall mean the unincorporated areas of Seminole County, a political subdivision of the State of Florida, and those incorporated areas of Seminole County which shall become governed by this ordinance in accordance with Sec- tion 2 above. (c) "Animal," unless otherwise clearly required by the context, shall mean every living, non-human creature, other than livestock, swine, poultry, horses, and other creatures normally associated with, or produced by, farming and ranching endeavors; provided, however, that livestock, swine, poultry, horses and other creatures normally associated with or produced by ranching and farming endeavors shall be included when the same shall be an "animal in distress." (d) "Rabies-susceptible animals" ,shall mean all warm- blooded animals which are capable of contracting rabies, and which are domestic by nature, domesticated or tamed. -2- (e) "Bird" shall mean any animal belonging to the class Aves. (f) "Dangerous animal" shall mean all animals which by reason of their wild nature, training, venomous charactcristics, size or other attributes pose a special hazard to humans or other animals. Said term shall include, by way of illustration and not limitation: bears, lions, leopards, cheetahs, venomous reptiles, constricting reptiles, piranha, sharks, poisonous insects and spiders, alligators and crocodiles, attack dogs, tigers, eagles, hawks, large primates and elephants. Any rabies-susceptible animal which, because of the non-availability of an approved and accepted vaccince, cannot be vaccinated against rabies shall also be deemed a dangerous animal fer purposes of this ordinance. (g) "Fierce animal" shall mean any dangereus animal or rabies-susceptible animal which has for no observable motive exhibited aggressive or threatening tendencies towards humans or other animals. (h) "Vicious animal" shall mean any dangerous animal or rabies-susceptible animal which has, for any motive other than for self-defense, caused bodily harm to humans or other animals. (i) "Animal at large" shall mean any animal off its owner's property and not under restraint. (j) "Animal in distress" shall mean any animal found abandoned, neglected, cruelly treated, injured or wounded. (k) "Under restraint" shall mean controlled by chain, tether or leash, controlled by a competent person and obedient to said person's commands, confined within a vehicle being driven or parked on the street, confined within the property limits of the animal's owner, or confined within a crate or cage. (1) "Commands" shall mean any effective verbal or non- verbal control by a competent person of an animal's behavior. (m) "Owner" shall mean any person, group, corporation, partnership, joint venture, or other legal entity controlling, harboring, keeping, possessing, boarding or owning an animal or -3- animals. (n) "Animal shelter" shall mean the premises designated by the Board for the purpose of impounding and caring for animals taken into custody for violation of, or pursuant to, this ordin- ance. (o) "Animal welfare officer" shall mean the person appointed, designated, or employed by the Board to enforce this ordinance, and where the context will allow, shall also mean agents of said officer. (p) "Commercial kennel" shall mean any premises used commercially (and any operation or business) for the boarding, breeding, buying, selling er rearing of animals; providing that said term shall not include animal hospitals unconnected with boarding, beauty parlors unconnected with boarding, pet shops or incidental breeding, buying, selling or rearing of animals--which incidental activities shall comprise less than twenty-five (25%) percent of the owner's or operator's livelihood. (q) "Non-commercial kennel" shall mean any premises as the demicile of an animal owner, on which pre- mises said owner shall breed purebred or pedigreed animals pri- marily for the purposes of improving the physical soundness, temperament and conformation of a given breed or breeds; pre- vided that where said animals shall be offered fer sale, sold or exchanged for profit, and where said sales shall comprise twenty- five (25%) percent er more ef said owner's livelihood, such oper- ation shall be deemed a "commercial kennel" as defined above. (r) "Licensed veterinarian" shall mean a veterinarian licensed to practice medicine by any state in the United States. (s) "Person" shall mean individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, and all other legal entities, groups or combinations. ( t) Reference to any office or officer shall include any person authorized by law to perform the duties of such office or officer. -4- (u) Reference to the singular shall include the plural and vice versa, and the masculine shall include the feminine and neuter and vice versa. Section 5. ANIMAL CRUELTY PROHIBITED. 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; to abandon, poison, cruelly beat, cruelly whip or kill any animal under his, another's, or no one's control and/or cus- tody; and to mutilate, 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 non-brutal metheds nor to wild rats, mice, insects, fish, arthropods or vermin. Furthermore, this section shall not apply to medical research organizations duly licensed and/or otherwise recognized or supported by state or federal law. Section 6. ANIMALS AT LARGE PROHIBITED CUSTODY AND CON- FINEMENT AUTHORIZED. It shall be unlawful for any animal owner to allow his animals to run at large upon public property, unless said public property expressly authorizes the same, or upon pri- vate property of others (including common areas of condominiums, cluster homes, planned unit developments, and community associa- tions without the consent of all owners thereof) unless said pri- vate property's owner authorizes the same by express er implied consent. When any animal shall be found at large anywhere within Seminole County, whether licensed or otherwise and whether owned or otherwise, said animal may be taken into custody by the animal welfare officer or other law enforcement officer to be impounded at the animal shelter and disposed of as hereinafter provided in Section 23. Section 7. ANIMAL NUISANCES PROHIBITED. It shall be unlaw- ful for any,animal owner to permit, either wilfully or through failure to exercise due care and control, any animal to urinate or defecate upon the sidewalk of any public street or road, the floor of,any theatre, shop, store, office building, or other building used in common by the public or of any common hall of -5- any apartment building, tenement house, hotel, or other multiple dwelling, or, the entrance way, stairway, or wall immediately abut- ting on a public sidewalk; to bark, cry, howl, whine, or cause other objectionable noise which shall disturb the comfort, peace, quiet, or repose of any person residing in the vicinity; or to damage, harm, or destroy the property or animal of another person. The noise provisions of this section shall not apply to dogs actually engaged in the hunt. No owner shall maintain his animal or animals, or premises upon which said animal or animals are maintained, in such a manner as to omit such offensive odors as shall disturb the comfort, peace or repose ef any person residing ln the vicinity. Section 8. FEMALE ,DOGS AND CATS IN HEAT. It shall be unlaw- ful for the owner of any female dog or cat in heat to fail to confine said animal, either wilfully or through failure to exer- cise 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. Section 9. CONFINEMENT OF FIERCE, DANGEROUS AND VICIOUS ANIMALS. The owner of any fierce animal, dangerous animal, or vicious animal 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 unless said animal shall be securely leashed, tethered, chained, muzzled, anesthetized, and/or otherwise restrained so as to protect persons and other animals; provided, however, that this section shall not apply to law enforcement or rescue animals actually engaged in law enforce- ment or rescue operations. Any owner either intentionally or negligently violating this section shall be guilty of a misdemean- or and punished as hereinafter provided. Section 10. DISPOSAL ,OF FIERCE, DANGEROUS OR VICIOUS ANI- MALS. When any fierce, dangerous or vicious animal shall be found at large anywhere within Seminole County, whether licensed or otherwise and whether owned or otherwise, said animal shall be taken into custody by the animal welfare officer or any other law -6- enforcement officer to be impeunded at the animal shelter and disposed of as fellows: (a) Where such animal bears no indicia of ownership, such animal shall be confined by the animal welfare officer fer five (5) days frem the date said animal is taken into custedy. At the expiration of said five (5) days, if the animal welfare officer shall determine that said animal is fierce, dangerous or vicieus and if no ewner has appeared to claim said animal, said animal shall be deemed unowned and destroyed in a humane fashien or otherwise safely dispesed of alive. (b) 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 welfare officer for five (5) days from the date ~aid certified mail return is received by the animal contrel efficer. At the expiration ef said five (5) days, if the animal welfare officer shall determine that said animal is fierce, dangerous or vicious and if no owner has appeared to claim said animal, said animal shall be deemed unewned and destroyed in a humane fashion or etherwise safely dispesed ef alive. (c) Where such animal shall be claimed in writing by its ewner, said animal shall remain confined by the animal wel- fare officer at the animal shelter (or, at the ewner's request and expense, at some other secure quarters subject to the sele centrol ef the animal welfare officer) pending a hearing befere the animal control board of Seminole County as created in Section 12 below to determine whether said animal is fierce, dangerous or vicieus. Said hearing shall be held not sooner than five (5) days nor later than twenty (20) days frem the date upon which the owner, of said animal shall claim 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 whe1Jler said animal is fierce, dangerous or vicious. If the ani- mal control board shall determine that said animal is fierce, -7- dangerous or vicious, the animal control board shall apply to a court of competent jurisdiction ,in the name of Seminole County for an order requiring that the vicious animal shall be destroyed in a humane fashion or otherwise safely disposed of alive. In a criminal proceeding under this ordinance, the animal control board may, if requested, make recommendations based on independent find- ings to the 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 shall determine that said animal is not fierce, dangereus or vicious, said animal shall be returned to its owner. Section ll. DISPOSAL OF FIERCE, DANGEROUS OR VICIOUS ANIMALS 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, whether said animal shall then be at large or in its owner's custody, the State Attorney's office or any other law enforcement agency may apply to a court of competent jurisdiction for an order permitting the I 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 ordinance and a threat to the public safety. (b) Once said animal is impounded pursuant to Court order, a determination of the animal's viciousness or non-vicious- ness shall be made by the animal control board in the manner and mode set forth in Sectien 10(c) above. (c) Nothing in this section shall be deemed to affect any criminal proceeding, nor shall any determination or delibera- tion by the animal control board be admissible in evidence in any criminal proceeding against the owner of said impounded animal. (d) The court in entering its order hereunder, may order impoundment at the animal shelter or, at the request and expense of the animal owner, may in its discretion require -8- impoundment to be at some other secure quarters. Section 12. ANIMAL CONTROL BOARD CREATED., There is hereby created a Seminole County Animal Control Board which shall consist of seven (7) members appointed by and serving at the pleasure of the Board of County Commissioners. The animal control board shall be composed of a licensed veterinarian, a Seminole County Humane Society representative, and five (5) Seminole County citizens-at- large. Each member of the Board of County Commissioners shall appoint one citizen-at-large. The members of the animal control board shall receive no salaries for their services. The functions of the animal control board are these set forth in Section 10(c) above. A majority of the members of the board shall constitute a quorum. Section 13. RABIES VACCINATION REQUIRED. It shall be unlaw- ful for the owner of any rabies-susceptible animal (for which an approved, accepted vaccine is available) to fail to have said rabies-susceptible animal vaccinated against rabies by a licensed veterinarian of his choice. Evidence of vaccination shall consist. of a county certificate signed by the licensed veterinarian administering the vaccine. The certificate in triplicate shall show the date and type of vaccination, the name and address of the owner, the year and serial number of the animal's tag, the breed, age, color and sex of the animal, and any other pertinent data for preper identification of the animal. One copy of the certificate shall be given to the owner, one copy filed with the animal welfare officer, and one copy retained by the veterinarian administering the vaccine. For their services provided in the handling of said certificates, veterinarians may be allowed to retain such portion of the certificate fee as shall be established by the Board of County Commissioners by resolution. No rabies- susceptible animal need be vaccinated for rabies where: (a) a licensed veterinarian has examined the rabies- susceptible animal and certified that vaccination would endanger said animal's health at that time becuase of its age, infirmity, debility, or ether physiological consideration; and -9- (b) such certificate is presented to the enforcing agency within five (5) days of such examination; provided that such certificate shall not be valid for more than twelve (l2) months from the date of issuance. All rabies-susceptible animals shall be vaccinated with a modified live virus, rabies vaccine, tissue rabies vaccine or other vaccine that may be developed and approved by the United States Public Health Service and the State Division of Health. Section l4. ANIMAL LICENSE TAG REQUIRED. Every person own- ing, keeping, harboring or controlling any rabies-susceptible ani- mal within Seminole County, or bringing any rabies-susceptible animal into Seminole Ceunty, shall within thirty (30) days of the effective date of this ordinance, or within thirty (30) days of bringing such animal into the County, register said rabies-sus- ceptible animal with the animal welfare officer and obtain a license tag therefor. Said tag shall be worn by the rabies-sus- ceptible animal at all times unless a licensed veterinarian or the animal welfare officer shall certify that the wearing of said tag is impossible, impractical or dangerous to the particular type of animal involved. Section l5. CONDITIONS FOR ISSUING ANIMAL LICENSE TAGS. As a prerequisite to the issuance of a license tag for any rabies- susceptible animal, the animal welfare officer shall require sat- isfactory proof that such animal has been innoculated against rabies within three (3) months immediately prior to the applica- tion. The certificate of a licensed veterinarian shall be accepted as cenclusive evidence to the fact and time of such inno- culation or a certificate of a licensed veterinarian certifying that innoculation for rabies would endanger the health of the par- ticular animal as provided by Section l3 above shall be accepted. Section l6. DURATION OF ANIMAL LICENSE TAGS. License tags for rabies-susceptible animals shall be issued for each fiscal year beginning October 1st and ending September 30th upon payment of the proper fee and receipt of a certificate from a licensed veterinarian that the animal has been innoculated against rabies -10- for the period lapsing from the date of vaccination to the expir- ation date of the license. Each tag shall have a number and show the expiration date. Section 17. COST OF ANIMAL LICENSE TAGS. License tags for rabies-susceptible animals shall be issued after payment of such license fee as shall be established by the Board of County Commis- sioners by duly adopted resolution. If the license is not secured within sixty (60) days after the animal first becomes subject to the licensing provisions or within sixty (60) days after the expiration date of the prior licensing period, a penalty fee of Two ($2.00) Dollars shall be added to the cost of the license. The fee for any license issued to the owner of a rabies-suscepti- ble animal first becoming subject to the licensing provisions after March 31st of any calendar year shall be one-half (1/2) of the full fee for that year. If a tag is lost or damaged, the owner may secure a duplicate by presenting a copy of the certifi- cate of vaccination to the animal welfare officer and by making payment of such fee as shall be established by the Board of County Commissioners by duly adopted resolution. Effective October 1, 1975, the licensing fee for a sterilized or neutered cat or dog, whether male or female, shall be waived, provided the owner pre- sents a certification of sterilization or neutering for the dog or cat and provided further that tags shall still be required of such animals. For their services performed in connection with the issuance of animal license tags, licensed veterinarians may be permitted to retain such portion of the license tag charge as shall be established by the Board of County Commissioners by duly adopted resolution. Sectien 18. COMMERCIAL KENNEL LICENSE REQUIRED. Every per- son owning or operating a commercial kennel within Seminole County shall register said kennel with the animal welfare officer and obtain a license which shall be prominently displayed on the kennel premises. Section 19. CONDITIONS FOR MAINTANING KENNEL LICENSE. Every person owning and operating a commercial kennel within -11- Seminole County shall properly feed and care for all animals in their custody. The premises of said kennel shall be periodically inspected during reasonable business hours by the animal welfare officer who shall issue a notice of violation if any kennel is not kept in a clean and sanitary condition. Said premises shall be re-inspected within three (3) days after issuance of said notice of violation. Failure to correct the unclean and unsani- tary condition after notice shall constitute a violation of this ordinance. The animal control officer may choose to close the kennel and revoke its license or file a complaint with the State Attorney's office. Section 20. DURATION OF KENNEL LICENSE. License for commer- cial kennels shall be issued for each fiscal year beginning Octo- ber 1st and ending September 30th upon a payment of the proper fee. Each license shall have a number and show the expiration date. Each license shall be posted in a prominent place readily available for public inspection. Sectien 21. COST OF KENNEL LICENSE. Licenses for commercial kennels shall be issued after payment of such llcense fee as I shall be established by duly adopted resolution of the Board of County Commissioners. If the license is not secured within sixty (60) days after the kennel becomes subject to these licens- ing provisions, or within sixty (60) days after the expiration date of the prior licensing period, such penalty fee as shall be established by duly adopted resolution of the Board of County Com- missioners shall be added to the cost of the license. The fee for any license issued to a kennel first becoming subject to the licensing provisions after March 31st of any calendar year shall be one-half (1/2) of the full fee for that year. If a license is lost or damaged, the kennel may secure a duplicate by making pay- ment of such fee as shall be established by duly adopted resolu- tion of the Board of County Commissioners. Section 22. NON-COMMERCIAL KENNELS. Non-commercial kennels shall be exempt from those licensing requirements of Sections 18, 19, 20 and 21 hereof; provided, it shall be unlawful for the owner -12-- or operator of any non-commercial kennel to allow said kennel to become a nuisance or to emit such offensive odors or noises as shall disturb the comfort, peace, quiet or repose of any person residing in the vicinity of said kennel. Section 23. IMPOUNDING, DISPOSITION AND REDEMPTION OF ANI- MALS. (a) When any rabies-susceptible animal shall be found without a current tag or when any animal shall be found in viola- tion of any provision of this ordinance, said animal may be taken into custody by the animal welfare officer or any other law en- forcement efficer to be impounded at the animal shelter and dis- posed of as follows: (i) Where such animal bears no indicia of owner- ship, said animal shall be confined by the animal welfare officer 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 shalll be deemed unowned and destroyed in a humane fashion or other- wise disposed of alive. (ii) Where such animal bears an indicia of owner- ship, 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 welfare officer 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 corpor- ation, for experimentation or vivisection purposes, or to any person, firm, association or corporation providing, selling, or supplying dogs and cats and other animals to any medical school, college, university, person, firm, association, or corporation fer experimentation or vivisectien purposes. -13- (c) Animals shall be released to owners only upon pre- sentation of proof of ownership and after preper innoculation, licensing, and payment of an impounding fee of Three ($3.00) Dollars per day and a redemption charge of Five ($5.00) Dellars. Subsequent redemptien charges to the same owner within a twelve- month (12) period from the first redemption shall be Ten ($10.00) Dollars. Each redemption of the same animal thereafter shall be subject to a redemption charge of Twenty-Five ($25.00) Dollars. In addition to the innoculation, licensing, and impounding fees, the redemption charge to the owner of a female dog or cat impounded while "in heat" shall be Ten ($10.00) Dollars. Section 24. ANIMALS SUSPECTED OF HAVING RABIES. Any rabies- susceptible animal suspected of having rabies or having bitten any person shall be impounded at the owner's expense at a place designated by the animal welfare officer or the Seminole County Department of Public Health or placed at the animal owner's ex- pense in the custody of a licensed veterinarian for ten (10) days. At the discretion of the Seminole County Department of Public Health or its representative, any licensed and vaccinated rabies- susceptible animal having bitten any person may be impounded and quarantined at the animal owner's home for ten (10) days. Any rabies-susceptible animal bitten by a known rabid animal shall be placed under the surveillance of the animal welfare officer, the Seminole County Department of Public Health, or their authorized representatives. Section 25. REPORT OF ANIMAL BITES. It shall be the duty of every attending practitioner licensed to practice medicine, osteopathic medicine, or veterinary medicine or any other person knowing of or in attendance on a case to promptly report to the Seminole County Department of Public Health every instance in which a person is bitten by an animal. Any animal reported to have bitten a person shall be captured alive if possible and quarantined at a place designated for that purpose under observ- ation for a period of ten (10) days. In the event an animal is killed, a complete report of the conditions and reasons for kill- -14- ing the same shall be filed with the animal control officer within ten (10) days of such killing. If the animal is killed or dies during the quarantine period, its head must be detached without mutilation and submitted without delay to the local State Board of Health laboratory. Section 26. ANIMALS EXEMPT. The licensing provisions of this ordinance 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; to animals remaining in the county for a period of less than thirty (30) days; or to purebreds kept, maintained, or brought into the county for the purpose of winter training. However, 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 13 above upon order of the animal welfare officer. During legally declared hunting sea- sons, as the same shall be designated from year to year by the Florida Game and Fresh Water Fish Commission, hunting dogs shall be exempt from the terms of Section 6 of this ordinance when actually engaged in the hunt or at large as a result of the hunt. Section 27. ANIMAL WELFARE OFFICER. The Board of County Commissioners shall designate by duly adopted resolution the per- son or agency that shall serve as the animal welfare officer. Said animal welfare officer shall be responsible fer enforcement of this ordinance, other than the misdemeaner provision hereof, and said animal welfare officer may, in a manner consistent with law and with this ordinance, recommend to the Board of County Commissioners rules and regulations incident to the proper admin- istration, implementation, and enforcement of the provisions of this ordinance. Employees of the animal welfare officer shall have the right to enter upon any public or private property within Seminole County; except a building designated and used for resid- ential purposes, for the purposes of examining or capturing any animal. Said employees shall have apprepriate official identifi- -15- cation with them which identifies said employees as agents of the county when they enter private property for the purposes of this section. Section 28. DISPOSITION OF DEAD ANIMALS REQUIRED. When any animal dies on public or private property, it shall be the res- ponsibility of the owner of said animal or the owner of said pri- vate property to remove and dispose of said animal immediately. Should the owner not be aware of said animal's presence, the fel- lowing procedures shall be followed: (a) When any dead animal shall be found upon public property, the owner of said animal shall remove and dispose ef said animal, upon notification by the animal welfare officer or any other law enforcement officer, so as not to constitute a nuisance. If the owner of said animal 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. (b) When any dead animal shall be found upon private property, the owner of said animal or the owner of said property shall remove and dispose of said animal, upon netification by the animal welfare officer or any other law enforcement officer, so 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, if not known then to the owner of said property. Section 29. ANIMALS FOUND IN DISTRESS; HEARING. (a) Upon the written, sworn complaint of any person averring that an animal has been found ahandoned, neglected, cruelly treated, injured or wounded, whether said animal shall be at large or in its owner's custody, the State Attorney's office or any other law enforcement agency may apply to a court of com- petent jurisdiction for an order permitting pickup and impoundment of said animal. In entering its order, the court shall make a preliminary finding that probable cause exists to believe the -16- animal to be abandoned, neglected, curelly treated, injured or wounded. (b) Once said animal is impounded pursuant to court order, a determination of the animal's being abandoned, neglected cruelly treated, injured or wounded shall be made by the animal control board. (c) Nothing in this section shall be deemed to affect any criminal proceeding, nor shall any determination er delibera- tion by the animal centrel board be admissible in evidence in any criminal proceeding against the owner of said impounded animal. (d) The State Attorney's office may forthwith petition a court of competent jurisdiction for a hearing to be set not more than ten (10) days from the date ef seizure of the animal to determine whether the owner, if known, is able to adequately pro- vide for the animal and is a fit person to own the animal. (e) The officers or agent taking charge of any animal under this section shall have written notice personally served, as civil service of process, upon; the owner of the animal, if known, at least five (5) days prior to the hearing set forth above. If the owner of the animal is known but is residing out- side of the jurisdiction of the court wherein the hearing has been set or if the owner is not known, notice of the hearing shall be by publication in conformance with the provisions of Chapter 4 of Florida statutes. (f) The officer or agent taking charge of an animal under the provisions of this section may provide for the animal until the owner is adjudged by the court to be fit to adequately provide for the animal and to be a fit person to own such animal, in which case the animal shall be returned to the owner upon pay- ment by the owner for the care and provision of the animal as set forth in Section 23. (g) If the owner is adjudged by the court to be unable to adequately provide for his animal or is adjudged to be an unfit person to own such animal, the court shall order the animal to be disposed of, provided that the person adjudged ,unfit -17.- shall not be allowed to bid for or purchase said animal. (h) In determining a person's fitness to own an animal under the provisions of this ordinance, the court shall consider among other things: (i) the owner's past record of convictions under the provisions of this ordinance; (ii) convictions under the provisions of state statutes prohibiting cruelty to animals; and (iii) the owner's mental and physical condition. Section 30. PENALTIES. Any person violating any of the pro- visions of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Five Hundred ($500.00) Dollars or by imprisonment in the County Jail not to exceed sixty (60) days or by both such fine and imprisonment. In the case of con- tinuing offenses, each day shall constitute a separate offense. Section 31. CONSTRUCTION. This ordinance shall be deemed to be cumulative and supplemental and in addition to any other act, law or ordinance relating to animals in Seminole County, Florida; provided, however, that this ordinance supersedes and repeals any existing ordinance or Seminole County regulation or law which is in direct, irreconcilable conflict herewith--it being the specific intent of this ordinance to repeal and supplant Ordinance No. 72-10 and amendments thereto of the Ordinances of Seminole County, Florida. Notwithstanding anything herein to the contrary, this section shall not be construed as repealing or affecting in anywise any ordinance of any municipality within Seminole County except in that manner and mode set forth in Sec- tion 2 above. The provisions of this ordinance shall be liberally construed in order to effectively carry out the purpose of this ordinance in the interests of the public health, safety, and wel- fare of the citizens and residents of Seminole County and the State of Florida. Section 32. SEVERABILITY. If any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding -18- or invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid, or inoperative part therein and the remainder of this ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein. If this ordinance or any provision hereof shall be held inapplicable to any person, property, or circumstances, such holding shall not affect the applicability hereof to any other person, property, or circumstances. Section 33. EFFECTIVE DATE. As to all unincorporated areas of Seminole County, Florida, this ordinance shall take effect on December 1, 1974, when the Board of County Commissioners has received notification from the Secretary of State; as to all incorporated areas of Seminole County, Florida, this ordinance shall take effect after notification from the Secretary of State and immediately upon either the effective date of the repealing ordinance as set forth in Section 2(a) above or the effective date of the inter-local agreement as set forth in Section 2(b) above, whichever event shall occur later in time. ENACTED this day of , 1974. BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By Chairman -19- -... ...... NEWMAN D. BROCK ATtORNEY Al'Q) CO\1NeJllLOa A,T LAw 616 E..-r SJ!lJrlOB41'l' BouLJ!IV4JtD .'(;l.~7 ...... atflLDDrO ALTA,MONTE SPRINGS, FL~IDA. :32701 August 27. 1975 1:BLBPll()1(E (SOIJI &90-0808 The Evening Herald Post Office Box 1657 Sanford, Florida 32771 City of Winter Springs Notice of Public Hearing: Gentlemen: Enclosed is copy of Notice of Public Hearing to be published asa legal advertisement in The Evening Herald one time at laast fifteen (15) days prior to September 22, 1975. Please forward your proof of publication 8nd8tat~ent to Mrs. Mary T. Norton, City Clerk, Winter Springs, Florida. We appreciate your continued cooperation with this office. Sincerely, Newman D. Brock, City Attorney City of Winter Springs. Florida NDBI dj b Kncll.8ure cc :~rs. Hary T. l'lorton City of Winter Springs . . 102 North Moss Road Winter Springs, Florida 32707 .r- "- Evening IIetaId An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared...........;............... . . . . . . . . . . . . . . . R'\1:t! h . r. ,. . ~~.~ gg~ . . . . . . . . . . . . . . . . . . . . who on oath says that :!Ie is ............... Q:t'.tic~. ~aqge;r.. .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a". .Legal. .!Jot.ice...................:..............in the matter of ... .!{Q:t1.Q~.. ~t.. ?l,1~l.i~. ~~;r.j..t)g. ~~.;. .9.~~. ~..~. .!.l).j..l\l"+.. ~Qnt.~~il1<L .~.. ?~~~.~~~.~9.~.....................................in the.. .~~~~~~~... .Cour~ was published in sald newspaper in the issues of..................................... . . . . . . . . . . . . . .!:ug. . ..31,. .19.75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole Count:! Florida, and has been entered as second class mail matter at the post oftlce in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and aftlant 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 said newspaper. SWorn to and subscribed before me this . . . . . . . . .3.1::1. t. . . . . . . . . . . . . . . . . . . . . day of d:J ~ :~~:: :ih:.: >~:.:9;.~~ ......~. .~. /3a..1f"'H (SEAl:) ~-,' - Notilry Public . . .Notar}t ~~<<.. state of Florida at large. MlCo~ioll Expires June 18, 1979 ....