YEAR 2001
ANIMAL
ENFORCEMENT ORDINANCE
Brevard
Chapter 14
Adopted
January 9, 2001
PROVIDED AS A PUBLIC SERVICE BY
ANIMAL
SERVICES AND ENFORCEMENT
TABLE OF CONTENTS
ANIMAL SERVICES AND ENFORCEMENT
ORDINANCE
|
Introduction |
|
3 |
|
Sec. 14-36. |
Definitions |
4 |
|
Sec. 14-37. |
Penalty |
6 |
|
Sec. 14-38. |
Alternative remedies |
6 |
|
Sec. 14-39. |
Authority and purpose |
6 |
|
Sec. 14-40. |
Jurisdiction |
6 |
|
Sec. 14-41. |
Administration and enforcement |
6 |
|
Sec. 14-42. |
Proceedings for violations |
7 |
|
Sec. 14-43. |
Resisting or interfering with an officer |
7 |
|
Sec. 14-44. |
Impoundment of animals |
7 |
|
Sec. 14-45. |
Disposition of impounded animals |
8 |
|
Sec. 14-46. |
Unauthorized removal from custody |
8 |
|
Sec. 14-47. |
Disposal of dead animals |
8 |
|
Sec. 14-48. |
Quarantine of animals |
9 |
|
Sec. 14-49. |
Classification of dogs as dangerous |
9 |
|
Sec. 14-50. |
Attack or bite by a dangerous dog;
destruction |
11 |
|
Sec. 14-51. |
Failure to surrender animal or carcass |
12 |
|
Sec. 14-52. |
Rabies vaccination of ferrets, dogs and
cats |
12 |
|
Sec. 14-53. |
Cruel and inhumane treatment of animals
prohibited |
12 |
|
Sec. 14-54. |
Rabies vaccination certificates and animal
license tags |
13 |
|
Sec. 14-55. |
Responsibility for animals |
14 |
|
Sec. 14-56. |
Animal at large |
14 |
|
Sec. 14-57. |
Creation of nuisance |
14 |
|
Sec. 14-58. |
Causing injury, property damage |
14 |
|
Sec. 14-59. |
Defecating, urinating on public or private
property |
14 |
|
Sec. 14-60. |
Public parks or beaches |
15 |
|
Sec. 14-61. |
Service animals |
15 |
|
Sec. 14-62. |
Transporting in open bed of vehicle |
15 |
|
Sec. 14-63. |
Confinement of females in estrus (heat) |
15 |
|
Sec. 14-64. |
Feral animals and feral cat colonies |
15 |
|
Sec. 14-65. |
Abandonment of animals |
16 |
|
Sec. 14-66. |
Mandatory neutering of cats and dogs
adopted from shelters |
16 |
|
Section
6. |
Severability |
17 |
|
Section
7. |
Conflicting Provisions |
17 |
|
Section
8. |
Effective Date |
17 |
|
Section
9. |
Area Encompassed |
17 |
|
|
Civil Penalties for Civil Infractions |
18 |
|
|
Service Fees |
18 |
|
AN ORDINANCE AMENDING CHAPTER 14, ANIMAL
ENFORCEMENT ORDINANCE, CODE OF ORDINANCES FOR BREVARD COUNTY, FLORIDA;
SPECIFICALLY ADDING SECTION 14-66 MANDATORY NEUTERING OF CATS AND DOGS; AND
PROVIDING AN EFFECTIVE DATE. |
WHEREAS, the Florida
Legislature enacted Chapter
828, Florida Statutes prohibiting cruel and inhumane treatment of animals,
setting forth specific law and punishment for abusive treatment of animals;
adding definitions of certain terms used; and
WHEREAS, the Florida
Legislature enacted Chapter
767, Florida Statutes, "Damage by Dogs", setting forth specific
law and procedures for declaring dogs to be dangerous and authorizing counties
to develop criteria, procedures, and penalties to implement the chapter by
local ordinances, clarifying certain verbiage and terms used; and
WHEREAS, the Florida
Legislature has declared that dangerous dogs are an increasingly serious and
widespread threat to the safety and welfare of the people of this state because
of unprovoked attacks which cause injury to persons and domestic animals, and
that such attacks are, in part, attributable to the failure of owners to
confine and properly train and control their dogs, and that existing laws
inadequately address this growing problem; and
WHEREAS, the Division
of Unintentional Injury Prevention, National Center for Injury Prevention and
Control, U.S. Department of Health and Human Services, U.S. Public Health
Service, Centers for Disease Control and Prevention, Atlanta; and the Humane
Society of the United States, Washington D.C. conducted a nation-wide study of
fatal dog attacks and published its report entitled "Fatal Dog Attacks, 1989-1994"
through the American Academy of Pediatrics, in PEDIATRICS Vol. 97 No. 6 June
1996.
WHEREAS, said Report
concludes that the dog bite problem is a largely preventable epidemic and that
the best effective resolution to the problem is through public education about
responsible dog ownership and dog bite prevention, stronger animal control
laws, and better reporting of bites; and
WHEREAS,
the Board of County Commissioners of Brevard County, Florida, concurs with the
Florida Legislature and the Fatal Dog Attacks Report and finds that amendment
of its ordinance to ensure the maintenance and protection of the health,
safety, welfare, and property of the people of Brevard County, Florida, and the
animals therein; and
WHEREAS, licensing
dogs and cats has been shown to be an effective means of identifying ownership
of stray animals and preventing unnecessary expense and hardship on people and
animals alike to maintain a rabies-free environment,
NOW,
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD
COUNTY, FLORIDA,
as follows:
BREVARD
COUNTY CODE CHAPTER 14
ANIMAL ENFORCEMENT ORDINANCE
SECTION 1.
Sec. 14-36. Definitions. Code of
Ordinances of Brevard County, Florida, is hereby amended to read as follows:
For the purpose of this article, the
following words, terms, and phrases shall have the meaning set forth in this
section. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular,
words in the singular number include the plural, and words in the male gender
include the female gender. The word "shall" is always mandatory and
not merely supervisory.
Abandoned means for an
owner or caregiver to forsake an animal entirely or to neglect or refuse to
provide or perform the legal obligations for care and support of an animal.
Aggressive animal means an
animal that has shown a habit or practice of attacking or exhibiting hostile,
injurious or destructive actions or behaviors.
Aggressive attack means an
attack without noticeable provocation of the attacker by the attacked.
Animal means any
living non-human creature.
Animal enforcement officer means any
person employed or appointed by the County who is authorized to investigate, on
public or private property, infractions relating to chapter 14 of the Code of
Ordinances of Brevard County, Florida, pertaining to animal control or cruelty
to animals, and to issue citations as provided in this chapter, and in
accordance with F.S.
§ 828.27.
Animal
Services and Enforcement Director means the Director of Brevard County
Animal Services and Enforcement Department.
At large means off the premises of the owner,
and not under the physical control and restraint of the owner by means of a
leash, cord, or chain of sufficient strength to control the animal, not to
exceed six (6) feet in length. A police dog or police horse, as defined in F.S.
§ 843.19, while in use by a law enforcement agency, shall not be deemed at
large.
Board means the Board of County Commissioners of Brevard County,
Florida.
Caregiver means any person who provides food,
water, or shelter to, or otherwise cares for any animal, feral or tame, over a
designated period of time that the person, whether of their own volition or by
request of the owner of that animal, provides care for the animal(s).
Citation means a written notice issued to a
person by an officer who has probable cause to believe that the person to whom
the citation has been issued has committed a civil infraction in violation of a
duly enacted ordinance or code and that the county court shall hear the charge.
The citation shall contain:
(1) The date and
time of issuance.
(2) The name and
address of the person whom the citation was issued.
(3) The date and
time the civil infraction was committed
(4) The facts
constituting probable cause.
(5) The ordinance
section violated.
(6) The name and
authority of the officer.
(7) The procedure
for the person to follow in order to pay the civil penalty or to contest the
citation.
(8) The applicable
civil penalty if the person elects to contest the citation.
(9) The applicable
civil penalty if the person elects not to contest the citation.
(10) A conspicuous
statement that if the person fails to pay the civil penalty within the time
allowed, or fails to appear in court to contest the citation, he shall be
deemed to have waived his right to contest the citation, and that in such case,
judgment may be entered against the person for an amount up to the maximum
civil penalty.
Council means the animal services and
enforcement authority’s designated representatives who will hear appeals of
notices of sufficient cause findings set forth in section 14-49 below.
County means Brevard County, Florida.
Cruelty means any act of neglect, torture, or
torment that causes unjustifiable pain or suffering of an animal.
Dangerous dog means any dog that, according to the records
of county animal services and enforcement:
(1) Has, without
provocation, aggressively bitten, attacked, or endangered a human being, or has
inflicted severe injury on a human being on public or private property; or
(2) Has, without
provocation, severely injured or killed a domestic animal while off the owner’s
property; or
(3) Has been used
primarily, or in part, for the purpose of fighting, or is a dog trained for dog
fighting; or
(4) Has, without
provocation, chased or approached a person upon the streets, sidewalks, or any
public grounds in an aggressive, menacing fashion or apparent attitude of
attack; provided that such actions are attested to in a sworn statement by one
or more persons, and dutifully investigated by the appropriate authority.
(5) A dog shall
not be declared dangerous if the threat, injury or damage was sustained by a
person who, at the time, was unlawfully on the property or, while lawfully on
the property, was teasing, tormenting, abusing, or assaulting the dog or its
owner or a family member.
(6) No dog may be
declared dangerous if the dog was protecting or defending a human being within
the immediate vicinity of the dog from an unjustified attack or assault.
Domestic animal means any horse, cow, goat, sheep,
swine, dog, cat, poultry, or other historically domesticated beast or bird.
Exotic animal is an animal
of any non-domestic species that is not indigenous to Florida.
Farm animal is a domestic
animal, not a dog or cat, which is normally raised for harness, riding, food,
milk, eggs, or wool for local consumption or sold to others, or those animals
bred for those purposes and may be an ungulate (such as horses, cattle, sheep,
swine, and other animals in the Orders Perissodactyla and Artiodactyla), bird
or other animal commonly referred to as livestock.
Feral animal means an
animal that exists in a wild or untamed state, either due to birth or reversion
to a wild state from domestication and has no known owner. Stray animals may be
feral or tame, but are considered feral where they are not known or are unwanted.
Harborer means any
person or entity that performs acts of care, shelter, protection, restraint,
refuge, food or nourishment in such a manner as to control an animal's
activities.
High-risk rabies animal is an animal
of a species designated by the National Center For Disease Control as having a
high susceptibility to contracting rabies and infecting other animals. It
includes members of the families Canidae (dogs), Felidae (cats), Mustelidae
(skunks, otters), Procyonidae (raccoons), and certain species of the Order
Chiroptera (bats).
Hybrid animal is any animal
resulting from a cross between parents that are genetically unlike, such as
breeding a domestic cat (Felis catus) or dog (Canis familiaris) with a wild
species of the same family such as bobcat (Felis rufus) or wolf (Canis lupus).
Insecurely fenced property means real
property that an animal can readily enter upon, or leave, by going over, under
or through an existing fence.
Kennel means any
locked structure or enclosure in which an animal is humanely confined and
secured.
Licensed veterinarian means any
person who is licensed to engage in the practice of veterinary medicine in this
state, under the authority F.S.
§ ch. 474.
Minor injury is any injury
that does not meet the definition of severe injury.
Notice means written
notice by registered mail, certified hand delivery, or service in conformance
with the provision of F.S.
§ ch. 48 relating to service of process.
Nuisance means:
(a) Disturbing the
peace and quiet of any person by habitually or continually barking, howling,
crying, screaming, or making other bothersome noises.
(b) Disturbing the
peace of any person by habitually or repeatedly destroying, desecrating or
soiling public or private property, chasing persons, livestock, cars or other
vehicles, running at large, or other behavior that interferes with the
reasonable use and enjoyment of the property.
Officer means any law
enforcement officer, as defined in F.S.
§ 943.10, and any veterinarian, as defined in F.S.
§ 474.02, and any animal enforcement officer, as defined in this section.
Owner means any
person, firm, corporation, partnership, association, trust, estate, or any
other legal entity, business unit, or organization processing, harboring,
keeping, or having control or custody of an animal, temporarily or permanently,
or, if the animal is owned by a person under the age of 18 years, that person's
parent or legal guardian. This definition is intended to include a
harborer/caregiver.
Police dog means any dog
which is owned, or the service of which is employed, by a law enforcement
agency for the principle purpose of aiding in the detection of criminal
activity, enforcement of laws, or apprehension of offenders.
Probable cause means
reasonable grounds, based on personal knowledge of facts and circumstances or
trustworthy information, sufficient to warrant a belief that there is a
violation of this article.
Secure enclosure means:
(1) A building in
which an animal is confined, such as the owner's dwelling; or
(2) A locked
kennel with secure top and sides, consisting of at least 11 gauge chain link
wire and secure floor, to prevent the animal from escaping, and which provides
protection from the elements.
Service animal means any
animal, including a non-human primate, that is especially trained to assist or
provide personal care services for a disabled person, as defined under the
Americans With Disabilities Act.
Severe injury means any physical
injury to an animal or human that results in a fractured or broken bone or
bones, or a damaged ligament, tendon, nerve or vessel, multiple bites,
disfiguring lacerations or injuries requiring sutures, or reconstructive
surgery.
Suitable shelter means shelter
that provides the animal or animals suitable protection from rain, sun or
elements. For example, a tree does not qualify for dogs or cats but could
qualify for horses, cows or other livestock.
Sustenance means food or
feed appropriate to the species consuming it and providing the essential
materials for good health, growth, reproduction and general life functions. It
also includes clean, portable water in sufficient quantity and quality to
sustain vital functions of the animal and which the animal has constant access.
Both food and water must be in containers designed and situated to allow the
animal easy access to them.
Unprovoked means an
animal attacks a human or another domestic animal despite the victim conducting
himself peacefully and lawfully, without threatening, teasing, or attacking the
offending animal.
Zoonoses or zoonotic disease means those
diseases transmittable to humans from animals, including parasitic, bacterial,
fungal and viral diseases.
SECTION 2.
Sec. 14-37. Penalty.
(a) A violation of
this article shall constitute a civil infraction.
(b) The maximum
civil penalty for a civil infraction shall not exceed $500.00 per violation.
(c) By resolution,
the Board shall establish the amount of any civil penalty for a civil
infraction.
(d) Any person who
willfully refuses to sign and accept a citation issued by an officer pursuant
to this article, shall be guilty of a misdemeanor of the second degree,
punishable as provided by F.S.
§ 775.082, 775.083,
or 775.084.
(e) The County
shall request an order to show cause for any person failing to pay the civil
penalty, appear in court to contest a citation, or appear in court as required
by citation. The order shall require such person to appear before the court to
explain why action on the citation has not been taken. If any person issued
such order fails to appear in response to the court's directive, that person
may be held in contempt of court.
Sec. 14-38. Alternative remedies.
In
addition to the penalties otherwise provided in this article, the Board shall
have the right to enforce by injunction, or any other appropriate legal means,
compliance with the regulations and requirements of this article.
Sec. 14-39. Authority and purpose.
This
article is hereby enacted, pursuant to the provisions of F.S.
§ 125.01 and F.S.
§ 828.27, and F.S.
§ 767, with the purpose of regulating the possession, ownership, keeping,
care and custody of animals, in the interest of the health, safety and welfare
of the people of the County.
Sec.
14-40. Jurisdiction.
This
article shall be effective throughout the unincorporated areas of the County
and within the incorporated areas of the County to the extent this article does
not conflict with any applicable municipal ordinance.
Sec.
14-41. Administration and enforcement.
(a) The
Board shall employ or appoint an Animal Services and Enforcement Director to
administer and enforce the provisions of this article.
(b) The
Board may employ animal enforcement officers to assist in the administration
and enforcement of this article. Such
animal enforcement officers shall successfully complete a training program as
provided by County policies and in accordance with F.S.
§ 828.27.
(c) Animal
enforcement officers are not authorized to bear arms or make arrests.
(d) The
Animal Services and Enforcement Director and animal enforcement officers may
enter upon public property and unfenced or insecurely fenced private property,
except residential dwellings, to administer and enforce the provisions of this
article.
(e) The
Animal Services and Enforcement Director and animal enforcement officers shall
investigate complaints of alleged violations of this article.
(f) The
Animal Services and Enforcement Director and animal enforcement officers are
hereby authorized to catch, seize or pick up:
(1)
Any sick or injured animal, including
any animal subject to cruelty, or in need of immediate medical attention.
(2)
Any animal infected with, or suspected
of carrying, rabies or any other infectious disease.
(3)
Any dangerous dog not properly confined
or restrained.
(4)
Any animal not properly quarantined.
(5)
Any animal at large or any animal not
properly confined, restrained or secured.
(6)
Any animal causing injury, or threat of
injury, to any person by being at large, endangering or chasing persons, or by
causing property damage to a person other than the owner of the animal.
(7)
Any female dog or cat in estrus (heat)
not properly confined.
(g) The Animal
Services and Enforcement Director and animal enforcement officers shall impound
any animal caught, seized or picked up pursuant to this article.
(h) The Animal
Services and Enforcement Director may declare a dog to be a dangerous dog,
pursuant to the provisions of this article, and shall order the owner of such
dog to confine or restrain such dog as required by this article. Animal enforcement officers shall routinely
inspect the premises of the owner of such dog to determine compliance with any
order of the Animal Services and Enforcement Director under this section, and
all other provisions of this article.
(i) The County
shall conduct an ongoing public information campaign on the problems resulting
from abandoning and neglecting animals, and the penalties under law for
abandoning or neglecting animals.
Sec.
14-42. Proceedings for violations.
(a) An officer who
has probable cause to believe a person has committed an act in violation of
this article may issue a citation to such person.
(b) Any citation
issued pursuant to this article may be contested in the county court.
(c) If the person
issued a citation elects not to contest the citation, that person shall pay the
applicable civil penalty to the Clerk of the county court within ten business
days after issuance of the citation. If a person issued a citation elects to contest
the citation, that person shall request a hearing before the county court,
through the Clerk of the county court, within ten business days after issuance
of the citation. The Clerk shall
schedule a hearing in the county court and shall provide written notice of the
date, time and location of the hearing to the person issued the citation and
the applicable officer.
(d) If the person
issued a citation fails to pay the applicable civil penalty within the time
period allowed, or fails to appear in court to contest the citation, that
person shall be deemed to have waived his right to contest the citation and, in
such case, judgment may be entered against the person for an amount up to the
maximum civil penalty provided for such a violation of this article.
Sec.
14-43. Resisting or interfering with
officer.
It
is a violation of this article for any person to resist, obstruct, hinder, or
interfere with the Animal Services and Enforcement Director or an animal
enforcement officer in the administration and enforcement of this article.
Sec.
14-44. Impoundment of animals.
(a) The Board may
purchase, construct, lease, operate and maintain county shelters, or contract
for other shelter facilities, to maintain any animal authorized to be caught,
seized or picked up by the Animal Services and Enforcement Director or animal
enforcement officer.
(b) It is a
violation of this article for any person to remove, or attempt to remove, any
impounded animal from a county shelter or other shelter facility contrary to
the provisions of this section.
(c) The Animal
Services and Enforcement Director may engage the services of a licensed
veterinarian to treat any sick or injured animal, including any animal subject
to cruelty, or any animal infected with or suspected of carrying rabies, which
animal has been impounded pursuant to this article. The owner of such animal shall be liable for
payment of all veterinary and shelter expenses, and reimbursement of the
county's expenses for treating such animal.
(d) By resolution,
the Board shall establish fees to be charged for transporting, impounding,
boarding, care and feeding animals pursuant to this article.
(e) No animal
impounded pursuant to this article shall be released until:
(1) The owner of
an impounded ferret, dog or cat which is not vaccinated against rabies, or
which does not have a valid animal license tag, arranges for rabies vaccination
and obtains an animal license tag for the dog or cat;
(2) The owner of
an impounded animal pays the fees for impoundment, board and feed, and any
additional fees for rabies vaccination, veterinary expenses, citation fees and
an animal license tag;
(3) The owner of
an impounded animal provides proof of ownership or custody, such as a rabies
vaccination certificate, sales receipt, affidavits of neighbors, photographs or
other documentary evidence.
(4) If a dangerous
dog is impounded, the owner of such animal must comply with all provisions of
this article applicable to such dangerous dog; and
(5) If an animal
which has been subjected to cruelty is impounded, the court of competent jurisdiction
issues a release order, as provided by F.S.
§ 828.073.
(6) Lawful
exercise of discretion by the Animal Services and Enforcement Director to
destroy an animal or the failure of an owner to redeem an animal shall no
relieve the owner of liability for violations, fines and accrued charges and
fees, regardless of the ultimate disposition of the animal.
Sec.
14-45. Disposition of impounded animals.
(a) An animal
enforcement officer or designee shall attempt to identify and locate the owner
of an animal impounded pursuant to this article. If the owner is identified and located, the
animal enforcement officer or designee shall provide notice to the owner that
the animal has been impounded and may be redeemed within five (5) days of such
notice. The five (5) day period for
redemption shall not include the first day of impoundment. In the event that the last day of impoundment
falls on a day that the animal shelter is not open for business, the animal
shall be held until the end of the following day that the animal shelter is
open for business. Fees shall be
assessed beginning the first day of impoundment or a fraction thereof.
(b) An animal
impoundment pursuant tot his article shall become the property of the County
when:
(1) The owner of
such animal is not identified or located within five (5) days after
impoundment.
(2) The owner of
such animal is notified, but does not redeem the animal within five (5) days
after notification.
(3) Confinement of
a wild or feral animal creates unusual risk to such animal or an animal
enforcement officer.
(4) The animal is
examined by a licensed veterinarian who determines that the medical condition
of the animal warrants humane destruction.
(c) When an animal
becomes the property of the County, the Animal Services and Enforcement
Director or designee may, without further notice to the former owner:
(1) Transfer
ownership of such animal to a humane society, humane agency, law enforcement
agency, zoo or other person, institution or agency, provided that such person,
institution or agency agrees to record the name and address of the new owner
upon subsequent transfer of ownership of the animal; or
(2) Destroy such
animal in a humane manner.
(d) Any animal
subjected to cruelty impounded under this article shall be disposed of as
provided by F.S.
§ 828.
(e) Any livestock,
as defined in F.S.
§ 588.13, impounded pursuant to this article shall be disposed of as
provided by F.S.
§ 588.
Sec.
14-46. Unauthorized removal from
custody.
It
is a violation of this article for any person to remove, or attempt to remove,
an animal from the custody of the Animal Services and Enforcement Director or
animal enforcement officer.
Sec.
14-47. Disposal of dead animals.
(a) By resolution,
the Board shall establish fees to be charged by the county to dispose of
domestic dead animals from private property.
(b) The owner of
any real property may bury or dispose of any dead animal on such property,
unless otherwise prohibited by law.
Sec.
14-48. Quarantine of animals.
(a) The provisions
of F.A.C. ch. 64D-3.001 through 64D-3.014 are hereby adopted by reference in
this article. A copy of F.A.C. ch. 64D
has been attached to the ordinance enacting this article, and is available for
inspection in the office of the Clerk to the Board of County Commissioners, as
amended from time to time.
(b) It is a
violation of this article for any person to commit an act, or cause an act to
be committed, which is in violation of any provision of F.A.C. ch. 64D-3.001
through 64D-3.014.
(c) If quarantine
of a ferret, dog or cat cannot be maintained at the owner's home, or at another
location permitted under F.A.C. ch. 64D-3.013(2), the animal shall be
quarantined at the county shelter or other shelter facility or veterinary
clinic. It is a violation of this
article for the owner of a ferret, dog or cat to refuse or fail to maintain the
animal under rabies quarantine, as required by F.A.C.
ch. 64D-3.013(2) and Section 14-41 of this article.
(d) By resolution,
the Board shall establish fees to be charged for quarantine of animals pursuant
to this article.
(e) A police dog
with current rabies vaccination that bites in the line of duty shall be exempt
from confinement under this section, and allowed to continue in a working
capacity.
Sec.
14-49. Classification of dogs as
dangerous.
(a) An animal
enforcement officer shall investigate reported incidents involving any dog that
may be dangerous and shall, if possible, interview the owner and victim and
require a sworn affidavit from any person, including any animal enforcement
officer or other enforcement officer desiring to have a dog classified as
dangerous. The Animal Services and
Enforcement Director or any animal enforcement officer shall immediately
impound any dog that is the subject of a dangerous dog investigation and that
dog shall remain impounded until released by the Director of Animal Services
and Enforcement.
(b) Any dog that
is subject of an investigation that is not impounded with the animal services
and enforcement authority shall be humanely and safely confined by the owner in
a locked, secure enclosure on the owner's premises pending the outcome of the
investigation and resolution of any hearings related to the classification. The owner shall provide the address where the
dog being investigated shall be confined and the manner of confinement during
the investigation to the Animal Services and Enforcement Director. No dog that is the subject of an
investigation may be relocated or ownership transferred pending the outcome of
the investigation or any hearings related to the classification. In the event the county determines that a dog
is to be destroyed, these same provisions shall apply and the dog shall not be
relocated or ownership transferred.
(c) After the
investigation, the Animal Services and Enforcement Director shall make an
initial determination as to whether there is sufficient cause to classify the
dog as dangerous. The Animal Services
and Enforcement Director shall provide notice of sufficient cause finding to
the owner.
(d) In the event
the notice of sufficient cause finding classifies a dog as dangerous, the owner
may make a written request for a hearing before the Animal Services and
Enforcement Council within seven (7) calendar days from the date of receipt of
the notice on sufficient cause finding.
The owner shall make the written request to the Animal Services and
Enforcement Director at the address indicated on the notice of sufficient cause
finding. If requested, the hearing shall
be held as soon as possible, but not more than twenty one (21) calendar days
and no sooner than five (5) calendar days after the Animal Services and
Enforcement Director's receipt of the written request from the owner. The Board shall nominate an Animal Services
and Enforcement Council to affirm or reverse staff's sufficient cause
finding. The Council members shall be
one veterinarian and one alternate veterinarian, one dog behavioral trainer and
one alternate dog behavioral trainer, and one kennel worker and one alternate
kennel worker. Council members shall
serve one (1) year or until a replacement is duly appointed. The Animal Services and Enforcement Council
shall adopt rules of procedure to govern such hearings, as necessary. A copy of the rules of procedures shall be
made available to any person who requests a hearing. The Council is not an advisory board subject
to the uniform advisory board ordinance, and public comment shall not be
required at each council meeting. The
Council shall hear all relevant evidence from the animal owner and animal
services and enforcement staff, and within seven (7) calendar days of the
Council hearing described above, shall determine if a dog is to be classified
as a dangerous dog. The Council shall
provide notice of its determination to the owner of such dog. If classified as dangerous, the notice shall
include the basis for declaring the dog dangerous, a description of the dog,
and describe the responsibility of the owner for maintenance of the dog. If the owner fails to request a hearing
before the Council after receiving the notice of sufficient cause finding, no
further hearing or appeal procedure as set forth in this article shall be
available to the owner, and the sufficient cause finding shall become a
declaration of the applicable classification.
The Animal Services and Enforcement Director shall provide the owner
with notice of such declaration, which shall include the basis for declaring
the dog dangerous, a description of the dog, and describe the responsibility of
the owner for maintenance of the dog.
(e) If the owner
appealed the sufficient cause finding to the Council as set forth in subsection
(d) above, and the Council has determined the dog to be declared dangerous, the
owner may appeal the Council's determination by filing a written request for a
hearing before the county court in and for Brevard County, Florida within ten
(10) business days after the owner's receipt of the Council's notice of
determination. The owner or the County
must continue to confine the dog in a locked, secure enclosure pending a
resolution of the appeal.
(f) Within
fourteen (14) calendar days of the owner's receipt of a declaration by the
Animal Services and Enforcement Director, the Council's determination after
hearing, or of the date of the county court order upholding the Council's
determination, the owner of the dangerous dog must obtain a certificate of
registration for the dangerous dog from county animal services and enforcement,
and such certificate shall be renewed annually. Dogs declared dangerous before October 28,
1997, which have not been subsequently cited for a violation of this article
shall be subject to the registration and maintenance requirements of the
dangerous dog ordinance applicable at the time the dog was declared; except
that any dog declared dangerous as of October 28, 1992 shall be subject to the
insurance requirements of paragraph (5) of this subsection. The County is authorized to issue such
certificates of registration, and the renewals thereof, only to persons who are
at least 18 years of age and who present to the county animal services and
enforcement the following evidence:
(1) A current
certificate of rabies vaccination and animal license tag for the dog.
(2) A locked, secured
enclosure to confine the dangerous dog, and the posting on the premises 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.
(3) Proof of
permanent identification of the dangerous dog, such as a tattoo or an
electronic implantation, as specified by the Animal Services and Enforcement
Director, within twenty-four (24) hours of release.
(4) Payment of the
applicable annual fee for the issuance of certificate of registration required
by this section. The annual fee shall be
established by resolution of the Board.
(5) Proof that the
owner had procured liability insurance in the amount of at least one hundred
thousand dollars ($100,000) covering any damage or injury, which may be caused
by the dangerous dog during the twelve-month period for which licensing is
sought. The owner shall name the county
as a certificate holder and notify Animal Services and Enforcement of any
cancellation, modification, expiration or termination of the liability policy
required by this section.
(6) The owner
shall obtain a dangerous dog tag from the Animal Services and Enforcement
Director or designee which shall be worn by the dog at all times. The purpose of the tag shall be to provide
immediate identification to animal services and enforcement and the public that
the dog has been declared dangerous.
(7) The owner
shall have the dangerous dog sterilized and shall present appropriate evidence
of said sterilization by the veterinarian who performed the operation within
sixty (60) days of the effective date of the dangerous dog declaration.
(8) Within ninety
(90) days, the owner, at his or her own expense, shall complete approved owner
responsibility training and provide proof of completion to the Animal Services
and Enforcement Director.
(9) Five years
after the date that the dog was declared dangerous, the owner may request a
reduction of the annual dangerous dog certificate fee, as provided by
resolution. Any such request shall be granted in the event that there have been
no violations of this article since the cog has been declared dangerous.
(g) The owner
shall immediately notify the Animal Services and Enforcement Director when a
dog that has been declared dangerous is:
(1) Loose, at
large or unconfined
(2) Sold, given
away, stolen or dies.
(3) Moved to an
address other than that stated in the certificate of registration
(h) Any dog
declared dangerous shall be confined in a secure enclosure on the premises of
the owner of such dog. No dangerous dog
shall be permitted or allowed off the premises of the owner, unless such owner
receives approval by the Animal Services and Enforcement Director, or the dog
requires veterinary treatment and remains:
(1) Inside a
locked animal carrier; or
(2) Under the
physical control of the owner, and is securely muzzled and restrained within
the vehicle by a chain or lead, with a minimum tensile strength of 300 pounds
and which does not exceed three feet in length; and
(3) Subject to
such further conditions as established by the Animal Services and Enforcement
Director.
(i) It is a
violation of this article for any person to release or remove a dangerous dog
from a secure enclosure, contrary to the provisions of this section. However, the owner may exercise the dog in a
securely fenced or enclosed area that does not have a top, without a muzzle or
leash, if the dog remains within the owner's sight and only members of the
owner's immediate household are allowed in the enclosure when the dog is
present.
(j) No dangerous
dog impounded pursuant to this article shall be released until:
(1) The owner of
such dangerous dog demonstrates compliance with the requirements of paragraph
(f) of this section; and
(2) The owner of
such dangerous dog executes a sworn affidavit acknowledging that the dog has
been declared dangerous, and agreeing to confine and restrain the dog, and
recognizing the county's right to ownership and custody of the dog if the dog
bites or injures a human or domestic animal without provocation after being
declared dangerous.
(3) The owner of
such dangerous dog has paid all fines and fees associated with this procedure.
(k) This section
does no apply to police dogs engaged in the detection of criminal activity,
enforcement of laws or apprehension of offenders.
(l) The owner of a
dangerous dog shall permit unannounced inspections by animal services and
enforcement to determine the owner's compliance with this section.
(m) Hunting dogs
are exempt from the provisions of this section when engaged in any legal hunt
or training procedure. Dogs engaged in
training or exhibiting in legal sports such as obedience trials, conformation
shows, field trials, hunting/retrieving trials and herding trials are exempt
from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times and
respects shall be the subject to this section.
Dogs that have been classified as dangerous shall not be used for
hunting purposes.
(n) In the event a
dog is lawfully declared dangerous pursuant to this section, the owner shall be
responsible for a violation of this section and subject to a civil penalty not
to exceed $500 dollars.
(o) The failure to
comply with the requirements contained in this section for keeping and
maintaining a dog that has been declared dangerous is a violation of this
article. In the event of a violation
that results in an immediate and direct risk of harm to the general public, the
Animal Services and Enforcement Director shall impound the dangerous dog to
dispose of in such a humane manner, after written notice to the owner. If the owner of a dog impounded under this
paragraph believes that there has not been such a violation, the owner may file
a petition for injunctive relief in the circuit court of the eighteenth
judicial circuit in and for Brevard County, Florida, that the impounded dog not
be destroyed. The petition must be filed
within the ten (10) calendar days of the owner's recent notice of impoundment
of the dog, and notice of the petition must be timely served upon the Animal
Services and Enforcement Director. If the
circuit court finds that there has been no violation of this section, such dog
shall be released to the custody of the owner.
In the event that the circuit court denies the petition for injunction,
the owner shall be responsible for all impoundment fees and maintenance costs
incurred for such dog.
(a) If a dog that
previously has been declared dangerous attacks or bites a person or domestic
animal without provocation, the owner of the dog, upon conviction, shall be
guilty of a misdemeanor of the first degree, punishable as provided under F.S. § 775.082 or 775.083. In addition, the dog shall be immediately
confiscated by county animal services and enforcement, placed in quarantine, if
necessary, for the proper length of time, and impounded while the Animal
Services and Enforcement Director investigates and provides, if warranted, the
owner with a notice of sufficient cause finding to destroy the dog. The notice of sufficient finding may be
appealed as set forth in section 14-49.
If the owner appeals the sufficient cause finding, the dog shall remain
impounded for the duration of the appeal process and the owner shall be
responsible for payment of all boarding costs and other fees as may be required
to humanely and safely keep the dog during any appeal procedure. If the owner fails to appeal within ten (10)
calendar days after receipt of the sufficient cause finding, the dog shall
thereafter be destroyed in an expeditious and humane manner.
(b) If a dog that
has not been previously declared dangerous under this article attacks and
causes severe injury to, or death of, any human, the dog shall be immediately
confiscated by county animal services and enforcement, placed in quarantine, if
necessary, for the proper length of time, and impounded while Animal Services
and Enforcement Director investigates and, if warranted, provides the owner
with a notice of sufficient cause finding to destroy the dog. The notice of sufficient cause finding may be
appealed as set forth in section 14-49.
If the owner appeals the sufficient cause finding, the dog shall remain
impounded for the duration of the appeal process and the owner shall be
responsible for payment of all boarding costs and other fees as may be required
to humanely and safely keep the dog during any appeal procedure. If the owner fails to appeal within ten (10)
calendar days after receipt of the sufficient cause finding, the dog shall
thereafter be destroyed in an expeditious and humane manner. In addition, if the owner of the dog had
prior knowledge of the dog's dangerous propensities, yet demonstrated a
reckless disregard for such propensities under the circumstances, the owner of
the dog is guilty of a misdemeanor of the second degree, punishable as provided
in F.S.
§ 775.082 or 775.083.
(c) If a dog that
has been previously declared dangerous under this article attacks and causes
severe injury to, or death of, any human, the owner of the dangerous dog shall
be guilty of a felony of the third degree, punishable as provided in F.S. § 775.082, 775.083
or 775.084. In addition, the dog shall be immediately
confiscated by county animal services and enforcement, placed in quarantine, if
necessary, for the proper length of time, and impounded while the Animal
Services and Enforcement Director investigates and, if warranted, provides the
owner with a notice of sufficient cause finding to destroy the dog. The notice of sufficient cause finding may be
appealed as set forth in section 14-49.
If the owner appeals the sufficient cause finding, the dog shall remain
impounded for the duration of the appeal process and the owner shall be
responsible for payment of all boarding costs and other fees as may be required
to humanely and safely keep the dog during any appeal procedure. If the owner fails to appeal within ten (10)
calendar days after receipt of the sufficient cause finding, the dog shall
thereafter be destroyed in an expeditious and humane manner.
(d) If the owner
requests a hearing under section 14-50(c) or files a written appeal under
section 14-49(d), the dog must be impounded or securely confined as provided in
this section and may not be destroyed while the appeal is pending.
(e) If a dog
attacks or bites a person who is engaged in or attempting to engage in a
criminal activity at the time of the attack, the owner is not guilty of any
crime specified under this section.
(f) In the event
it is determined that humane destruction of a dog is justified pursuant to this
section, the owner is responsible for a violation of this section and is
subject to a civil fine not to exceed $500 dollars, in addition to any criminal
charges.
Sec.
14-51. Failure to surrender animal or
carcass.
It
is a violation of this article for any person to fail to surrender an animal
for rabies quarantine, impoundment or destruction, or produce the carcass of a
dead animal, upon lawful demand by the Animal Services and Enforcement Director
or any animal enforcement officer. A
citation issued pursuant to this section shall be set for hearing in county
court no later than five (5) days from the issuance of the citation.
Sec.
14-52. Rabies vaccination of ferrets,
dogs and cats.
(a) The owner of a
ferret, dog or cat in the county shall have their animal vaccinated against
rabies and shall maintain that animal with current rabies vaccination.
(b) It is a
violation of this article for the owner of a ferret, dog or cat to refuse or
fail to have the animal vaccinated against rabies as required by this section;
provided, however, that rabies vaccination is not required if:
(1) The animal is
less than four months of age.
(2) The animal has
been vaccinated against rabies in another state and that vaccination is
current, provided that the owner of such animal presents a certificate of
rabies vaccination to the Animal Services and Enforcement Director or designee.
(3) A licensed
veterinarian examines the ferret, dog or cat and certifies in writing that
rabies vaccination would endanger the health of such animal because of age,
infirmity, disability, illness or other medical condition; provided that the
licensed veterinarian presents such certificate to the Animal Services and
Enforcement Director within five (5) days after the examination, and that
ferret, dog or cat is confined in a secure enclosure until a licensed
veterinarian properly administers the vaccination.
Sec.
14-53. Cruel and inhumane treatment of
animals prohibited.
(a) The provisions
of F.S. § 828.12 and 828.13,
as they may be amended from time to time, are hereby adopted by reference in
this article, and shall be enforced as if fully set forth herein. A copy of F.S.
§ 828, is attached to the ordinance enacting this article, and is available
for inspection in the office of the Clerk to the Board of County Commissioners.
(b) It is a
violation of this article for any person to commit an act or omission, or cause
an act to be committed, in violation of F.S.
§ 828.12 or 828.13.
(c) Inhumane
treatment of animals is prohibited. It
is a violation of this article, by any person, to inhumanely treat any animal
as set forth herein. For the purpose of
this section, the term "inhumane" means acts which:
(1) Are physically
cruel; or
(2) Expose an
animal to unusual, unnecessary and otherwise avoidable physical harm.
(d) Inhumane
treatment includes, but is not limited to, any of the following acts or
omissions by an animal's owner or caregiver:
(1) An animal is
allowed to become overheated, or is not supplied with adequate food, water,
shade or protection from elements;
(2) An animal
which is improperly or inhumanely contained or denied proper exercise or rest,
for the purposes of this section, United States Department of Agriculture and
Florida Game and Fresh Water Fish Commission regulations pertaining to
containment, exercise and rest shall be the standard for proper containment,
exercise and rest, as revised from time to time;
(3) In the case of
a stunt or entertainment act:
(a) No allowance
is made for an animal's reasonable limits of endurance;
(b) The owner or
operator has failed to determine whether equipment operated in conjunction with
the working animal is in safe operating condition;
(c) An animal is
killed or injured during the stunt or act;
(d) An equine
animal, including a horse, mule or donkey, is allowed to fall or drop into
water from a platform or structure more than ten (10) feet above the water; or
(e) An equine
animal is not properly trained for such a fall or drop.
Sec.
14-54. Rabies vaccination certificates
and animal license tags.
(a) The owner of a
ferret, dog or cat in the county that is vaccinated against rabies shall obtain
a rabies vaccination certificate. The
owner shall obtain an animal license tag for each dog or cat annually.
(b) It is a
violation of this article for the owner of a ferret, dog or cat to refuse or
fail to obtain a rabies vaccination certificate and animal license tag for the
animal as provided by this section.
(c) All
veterinarians in the county shall provide the Animal Services and Enforcement
Department a copy of each and every rabies vaccination certificate issued. Veterinarians shall display, in a
conspicuous place that can be seen and easily read by all customers, a sign indicating
that Brevard County License Tags are required and indicate where they can be
purchased.
(d) A rabies
vaccination certificate or animal license tag are not required if the owner of
the ferret, dog or cat has not resided in the county for more than 28 days in
the previous 12 month period.
(e) The Animal
Services and Enforcement Director shall approve the form, content and design of
the rabies vaccination certificate and animal license tag. No other animal license tag shall be valid in
the county.
(f) By resolution,
the Board shall establish and may change fees to be charged for issuance of
license certificates and license tags.
(g) Any resident
of the county who owns or keeps a service animal especially trained for such
purpose, and which is being used to assist disabled person, as defined under
the Americans Disabilities Act, may obtain an animal license tag, when
applicable, at no charge.
(h) A rabies
vaccination certificate and animal license tag shall be issued by:
(1) The Animal
Services and Enforcement Director or designee; or
(2) Any licensed
veterinarian who administers the rabies vaccination and who has been authorized
by the County to collect the fee for such animal license tag.
(i) The rabies
vaccination certificate shall be signed by the licensed veterinarian
administering the rabies vaccination, and shall list the date of the rabies
vaccination, the type of vaccine, information identifying the owner's name,
address, and telephone number, and describing the ferret, dog or cat. An identification number shall be printed on the
rabies vaccination certificate and shall correspond to the same number on the
animal license tag, if required.
(j) If an animal
license tag is lost or destroyed, the animal owner shall obtain a replacement
animal license tag. The replacement
animal license tag may be issued to the owner upon presentation of the
corresponding license certificate and payment of the applicable fee.
(k) The license
tag shall be attached to the collar or harness of the dog or cat and shall be
worn at all times, except when such animal is confined for treatment in a veterinary
hospital or clinic operated by a licensed veterinarian, or while competing in
organized animal show, trial or training therefore.
(l) It is a
violation of this article for the owner of a dog or cat to permit or allow the
dog or ca to be without a physically attached animal license tag as required by
this section.
(m) An animal
license tag shall be valid for a period of one year from the date of issuance.
(n) It is a
violation of this article for the owner of a dog or cat to permit or allow the
dog or cat to wear an animal license tag that has expired.
(o) A rabies
vaccination certificate or animal license tag issued for one dog or cat is not
valid for any other animal, and it is a violation of this article for the owner
to intentionally allow the animal to wear an animal license tag which has not
been issued for such dog or cat.
(p) A police dog
shall be exempt from wearing an animal license tag while being used by a law
enforcement agency.
Sec.
14-55. Responsibility for animals.
(a) The owner of
any animal shall exercise reasonable care to protect humans, or other animals,
or property from injury or damage caused by the behavior of such animal.
(b) The owner of
an animal shall exercise reasonable care to prevent such animal, while
unattended, from leaving the premises of such owner by:
(1) Confinement in
a secure enclosure, fence or pen from which the animal cannot dig, climb, jump,
or escape and which is locked when the animal remains unattended; or
(2) Restraint by
chain, cable, and trolley, or other tether of sufficient strength to prevent
escape; or
(3) Leash and
physical control of a person capable of preventing such animal from escaping.
(c) The owner of
an animal shall exercise reasonable care to maintain such animal off the
premises of such owner by:
(1) Confinement in
a vehicle from which the animal cannot climb, jump or escape; or
(2) Leash and
physical control of a person capable of preventing such animal from escaping.
(d) It is a
violation of this article for an owner or caregiver not to exercise reasonable
care in restraining animals as specified in this section.
Sec.
14-56. Animals at large.
No
animal shall be permitted or allowed to be at large. It is a violation of this article for the
owner of an animal to permit or allow the animal to be at large.
Sec.
14-57. Creation of nuisance.
(a) No animal
shall be permitted or allowed to create a nuisance. It is a violation of this article for the
owner of an animal to permit or allow the animal to create a nuisance.
(b) For the
purpose of this section, noise from farm animals, including exotic birds, shall
not constitute a nuisance within an AU zoning classification; provided,
however, that the following setback requirement shall apply only to exotic
birds kept on AU property which abuts non-AU property of a residential
character: A minimum set back of 100 feet between the noise source and the
abutting non-AU residential property.
(c) Any nuisance
complaint may be investigated by Animal Services and Enforcement. However, before a citation may be issued,
the animal enforcement officer must have personal knowledge of the nuisance or
at least two (2) affidavits from different parties residing in close proximity
to the alleged nuisance must be received.
One affidavit may be sufficient to warrant investigation where there is
only one party in close proximity to the alleged nuisance.
(d) It shall be an
unlawful nuisance for an animal owner to either be found guilty of or
effectively admit guilt to more than four (4) violations of this article within
a twelve-month period of time. The
failure to contest or pay a citation shall be considered an effective admission
of guilt for the purpose of this section.
A violation of this section is a civil infraction punishable by a fine
not to exceed $500 dollars.
Sec.
14-58. Causing injury, property damage.
No
animal shall cause injury, minor or severe, or threat of injury, to any person,
or domestic animal, or cause any property damage to a person other than the
owner. It is a violation of this article
for the owner of an animal to permit or allow the animal to violate this
section.
Sec.
14-59. Defecating, urinating on public
or private property.
No
animal shall be permitted or allowed to defecate or urinate upon any public
property, or any private property, without permission of the property
owner.
It
shall be the responsibility of the owner or person in control of the animal to
dispose of or remove any excretions caused by the animal. It is a violation of this article for the
owner of an animal to permit or allow an animal to defecate or urinate upon any
public property, or any private property, without permission of the property
owner.
Sec.
14-60. Public parks and beaches.
(a) No animal
shall be permitted or allowed into or on any public park or beach; provided,
however, that an area in public parks may be designated for animals by
resolution of the Board, or by the governing body of any applicable
municipality. In that event, the area
provided for animals must be properly identified and posted by the county or
the appropriate municipality.
(b) It is a
violation of this article for the owner of an animal to permit or allow the
animal into, or on, any public beach, or any public park not designated for
animals and not properly identified and posted.
However, a disabled person, as defined under the Americans With Disabilities
Act, shall have the right to be accompanied into or on any public park or beach
by a service animal without violating this section.
Sec.
14-61. Service animals.
Every
disabled person, as defined under the American With Disabilities Act, shall
have the right to be accompanied by a service animal.
Sec.
14-62. Transporting in open bed of
vehicles.
Any
animal being transported in the open bed of a pickup truck or other similar
vehicle from which the animal can easily escape, shall be confined in a humane
manner inside a locked animal carrier or restrained by a minimum of two
tethers, with one tether each being affixed to the opposite side of the truck
or other similar vehicle, and both tethers being attached to the collar or
harness of such animal. It is a
violation of this article for the owner of an animal, as well as the driver of
the pickup truck or other similar vehicle being used to transport an animal, to
refuse or fail to confine and restrain the animal being transported as required
by this section.
Sec.
14-63. Confinement of females in estrus
(heat).
Any
female dog or cat in estrus (heat) shall be confined in a secure enclosure,
veterinary hospital or boarding facility, so as to prevent such dog or cat from
coming into contact with another dog or cat, except for intentionally breeding
purposes. It is a violation of this
article for the owner of a female dog or cat in estrus to refuse or fail to
confine the dog or cat as required by this section.
Sec.
14-64. Feral animals and feral cat
colonies.
(a) The County may
establish a fund or provide services to offset costs of trapping, neutering and
vaccinating captured feral cats that can be returned to an appropriate,
controlled, and registered colony site.
Caregivers for such colonies, whether one or several animals, will be
aided by the County in properly managing and caring for those colonies, to the
extent that funding is available.
(b) Each feral cat
colony will be registered by the caregivers with an agency designated by the
County, which will serve as a clearinghouse for information on current
caregivers, education for new caregivers, and assistance for persons found in
violation of (d)(1) through (4) below.
(c) Any feral cat
picked up by Animal Services and Enforcement which has an appropriate ear
tipping or other distinguishing mark indicating that it belongs to a registered
feral cat colony will be returned to that colony unless veterinary care is
required or the criteria listed in 14-64(d) applies. The designated agency will be notified in
such instances.
(d) Any person or
caregiver determined to be in violation of subsections (1) through (4) below,
shall be issued a written warning and be allowed a period of time to come into
compliance, or provide satisfactory evidence of working to achieve
compliance. That period of time shall
not exceed ninety (90) days from issuance of the initial warning notice. Failure to comply shall result in violation
of this article, which may result in the issuance of a citation. Caregivers of feral cat colonies shall
implement proper management and sterilization practices as follows:
(1) Register the
feral cat colony with the agency designated in (b).
(2) Assure
responsibility and arrangements for feeding the cat or cat colony regularly
throughout the year, including weekends, holidays and vacations of the feral
cat caregiver.
(3) Sterilize
(neuter) all adult cats that can be captured.
(4) Vaccinate, as
required by law, all cats that can be captured.
(a) Against
rabies, preferably with a three-year vaccine.
(b) And any other
infectious disease as mandated by law.
(5) Make every
attempt to sterilize all kittens over eight (8) weeks of age and before sixteen
(16) weeks of age.
(6) Make every
attempt to remove kittens from the colony before eight (8) weeks of age for
domestication and placement.
(7) Make every
attempt to remove sick or injured cats from the colony for immediate
veterinarian care or humane euthanasia.
(8) Ear crop all
cats with a single cut preferably on the left ear, at least one (1) inch from
the outside tip of the auricle. Providing
either a tattoo on the inside the right ear or an electronic implant will aid
in animal identification.
(9) Maintain proof
of sterilization, vaccination, tattoo or implant and medical records for all
cats. These records must be provided to
Animal Services and Enforcement upon request.
(e) Animal
Services and Enforcement has the right to immediately seize and remove all, or
parts, of any colony for the following reasons:
(1) Public health
and public safety concerns including rabies, other epizootic and certain
zoonoses identified by the County Public Health Unit; or
(2) Animals
creating a public nuisance as defined in section 14-36. The designated agency will be notified within
twenty-four (24) hours of removal of any feral cats.
(3) In the event
the feral cat caregiver fails to comply with this section, the designated
agency will be notified at least a day before removal of any animal. The designated agency will attempt to resolve
the situation prior to removal by Animal Services and Enforcement.
SECTION 5.
Sec. 14-65. Abandonment of animals.
Pursuant
to Section
§ 828.13, Florida Statues, any person who is the owner, possessor, or
caregiver, or has charge or custody of any animal who abandons such animal to
suffer injury or malnutrition or abandons any animal in or on a street, road or
public place without providing for the care, sustenance, protection and shelter
of such animal is guilty of a misdemeanor of the first degree, punishable as
provided in F.S.
§ 775.082, or a fine of not more than $5,000 or by both punishment and a
fine.
Sec.
14-66. Mandatory neutering of cats and
dogs.
All
cats and dogs offered for adoption by animal shelters in Brevard County must be
neutered (spayed or castrated) prior to adoption unless certified by a
veterinarian licensed in Florida that such procedures would be injurious to the
animals health. Shelters may enter into
a written agreement with the adopter guaranteeing that sterilization will be
performed within 30 days prior to sexual maturity; in such cases, the shelter
shall require a sufficient deposit from the adopter to cover reasonable costs
of the neutering operation. Such deposit
will be refundable upon presenting written evidence from the veterinarian performing
the surgery that the sterilization has been completed. It is a violation of this article to fail to
comply with the provisions set above. A
violation of Florida Statue
823.15 may also be dealt with in accordance with F.S.
812.25 (2) (b).
SECTION
6. Severability.
In
the event any provision of this ordinance is invalidated by a court of
competent jurisdiction, the remaining provisions shall remain in full force and
effect.
SECTION
7. Conflicting provisions.
In
the case of direct conflict between any provision of this ordinance and a
portion or provision of any other appropriate federal, state or county law,
rule, code or regulation, the more restrictive shall apply.
SECTION
8. Effective date.
This
ordinance shall take effect immediately upon its adoption and filing as
provided by law. A certified copy of
this ordinance shall be filed with the Office of the Secretary of State, State
of Florida, within ten (10) days of enactment.
SECTION
9. Area encompassed.
This Ordinance shall be effective through the unincorporated areas of Brevard County. Adopted by the Brevard County Board of County Commissioners during regular session on the 9th day of January, 2000.
Includes
BASE Fine + $10 Court Cost + $5 Surcharge
|
Code |
|
1st |
2nd |
3rd |
4th |
|
Section |
Description
of Violation |
Offense |
Offense |
Offense |
Offense |
|
14-43 |
Resisting or interfering with officer |
$300.00 |
$400.00 |
$500.00 |
$500.00 |
|
14-48 |
Violation of Quarantine (FL ADM
64D-3.001-64D3.014) |
$215.00 |
$315.00 |
$415.00 |
$500.00 |
|
14-49 |
Violation of dangerous dog restrictions |
$500.00 |
$500.00 |
$500.00 |
$500.00 |
|
14-50 |
Violation of dangerous dog provisions |
$500.00 |
$500.00 |
$500.00 |
$500.00 |
|
14-50 |
Attack causing severe injury |
$500.00 |
$500.00 |
$500.00 |
$500.00 |
|
14-51 |
Failure to surrender animal or carcass |
$300.00 |
$300.00 |
$300.00 |
$300.00 |
|
14-52(b) |
Failure to vaccinate dog, cat or ferret |
$115.00 |
$215.00 |
$315.00 |
$415.00 |
|
14-53(a) |
Cruelty to animals |
$200.00 |
$300.00 |
$400.00 |
$500.00 |
|
14-54(b) |
Failure to obtain rabies certificate |
$115.00 |
$215.00 |
$315.00 |
$415.00 |
|
14-54(b) |
Failure to obtain animal license tag |
$115.00 |
$215.00 |
$315.00 |
$415.00 |
|
14-54(k) |
Dog or cat without attached animal license
tag |
$115.00 |
$215.00 |
$315.00 |
$415.00 |
|
14-54(n) |
Dog or cat intentionally wearing tag not
issued |
$100.00 |
$200.00 |
$300.00 |
$400.00 |
|
14-55 |
Failure to properly secure animal |
$50.00 |
$165.00 |
$265.00 |
$415.00 |
|
14-56 |
Animal at large |
$50.00 |
$165.00 |
$265.00 |
$415.00 |
|
14-57(a) |
Creation of a nuisance |
$100.00 |
$200.00 |
$300.00 |
$400.00 |
|
14-58 |
Animal causing property damage |
$100.00 |
$200.00 |
$300.00 |
$400.00 |
|
14-58 |
Attack causing injury |
$215.00 |
$315.00 |
$415.00 |
$465.00 |
|
14-59 |
Animal defecating/urinating on property |
$50.00 |
$65.00 |
$65.00 |
$65.00 |
|
14-60(b) |
Animal on public park or beach |
$50.00 |
$65.00 |
$65.00 |
$65.00 |
|
14-62 |
Failure to confine or restrain animal in
pickup truck |
$100.00 |
$200.00 |
$300.00 |
$400.00 |
|
14-63 |
Failure to confine female dog or cat in
estrus (heat) |
$200.00 |
$300.00 |
$400.00 |
$500.00 |
|
14-66 |
Failure to comply with mandatory neutering |
$75.00 |
$125.00 |
$250.00 |
$500.00 |
|
Service Fees |
|
|
|
Transport |
|
$25.00 |
|
Office Bite Investigation |
|
$35.00 |
|
Field Bite Investigation |
|
$75.00 |
|
Initial License Tag |
|
$7.00 |
|
Replacement License Tag |
|
$1.00 |