YEAR 2001

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

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.

(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.

(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.