| Legal Disclaimer:
This document has Ordinance 03-8 merged into the applicable sections of Ordinance 00-26
as provided for in Ordinance 03-8.
Readers are advised that the information contained within the pages of this document is
believed to be accurate. However, no claims, promises or guarantees about the accuracy, completeness,
or adequacy of the information are made. Readers are encouraged to review the official version
of all documents upon which they plan to rely.
The official recorded copy of these documents are located in the Clerk of the Circuit Court,
BOCC Records Section. Reference copies are available at public libraries and the County Attorney’s
Office.
|
An Ordinance Relating to Animals in Hillsborough County; Providing For Title; Providing For
Definitions; Requiring Rabies Vaccination of Dogs, Cats, And Ferrets And Providing For Medical
Exemption; Requiring Registration And Licensure of Dogs, Cats, And Ferrets And Establishing Fees
And Exemptions And Requiring Notification of Changes in Ownership; Requiring The Reporting of
Animal Bites And Exposure to Rabies; Requiring The Display of Dog Tags And Dog And Cat Identification;
Requiring The Humane Treatment of Animals And Prohibiting Animal Fighting And The Dumping of
Dead Animals; Prohibiting Cruelty to Animals; Providing For Regulations And Restrictions on Vicious
Animals And Dangerous Dogs; Prohibiting Dogs or Cats to Be at Large And Providing Exceptions;
Prohibiting Striking or Interfering With a Service Animal; Prohibiting Interference With an Animal
Control Officer; Requiring Proper Enclosure of Dogs or Cats in Heat; Requiring The Removal of
Animal Waste; Prohibiting Nuisance by Animals; Requiring Disclosure of Animals With Contagious
Diseases; Requiring Permits For Pet Dealers, Kennels, Catteries, Animal Rescue Adoption Organizations
And Guard Dog Businesses; Providing For Permit Application And Renewal Procedures; Providing
For Minimum Permit Standards; Providing For Restrictions on Commercial Guard Dogs And Requirements
of Guard Dog Users; Establishing Denial, Suspension And Revocation of Permit Procedures; Providing
For Additionally Required Emergency Vaccinations And Quarantine; Requiring Veterinarians to Provide
Certain Information And Make Available For Sale Tags And Registration And Allowing The Hillsborough
County Department of Animal Services or Other Organizations to Provide Tags And Registration;
Providing For a Spay And Neuter Rebate Program; Providing For Certain Consumer Rights And Remedies
For The Sale of Dogs or Cats Unfit For Purchase; Providing For The Establishment of Hearing Procedures;
Providing For Impoundment of Animals by The Hillsborough County Department of Animal Services;
Providing For Redemption of Animals; Providing For Surrender of Animals; Providing For Adoption
of Animals; Providing For Restriction on Animals in Vehicles; Establishing Restrictions on the
Sale of Pet Pigs; Establishing Persons Authorized to Issue Citations; Providing for Civil Citations
and Penalties; Prohibiting the Refusal to Sign and Accept a Citation; Providing for Fees; Providing
for Additional Administrative Fees; Providing for Enforcement; Providing for Applicability; Providing
for Compliance with State Law; Providing for Severability; Providing for Resolution of Conflict
of Laws; Providing for the Repeal of Hillsborough County Ordinance No. 81-20, as Amended by Hillsborough
County Ordinance No. 83-5, as Amended by Hillsborough County Ordinance No. 92-6, as Amended by
Hillsborough County Ordinance No. 99-14; and Providing an Effective Date.
WHEREAS, Section 125.01, Florida Statutes (1999), authorizes the Board of County Commissioners
of Hillsborough County to provide and maintain for the citizens of the County, standards which
ensure their health, welfare and well being; and
WHEREAS, Section 828.27, Florida Statutes (1999), specifically provides for creation of a county
ordinance related to animal control and cruelty; and
WHEREAS, Section 767.14, Florida Statutes (1999), specifically authorizes the county to place
further restrictions or additional requirements on the owners of dangerous dogs; and
WHEREAS, the Board of County Commissioners of Hillsborough County recognizes that the public
health, interest and safety of the residents of the County will best be served by progressively
improving the existing Hillsborough County Animal Ordinance; and
WHEREAS, the public health, safety and welfare of County residents are affected by the pet population
through contact with and the spread of contagious diseases as well as the dangers inherent with
animals running at large; and
WHEREAS, the Board of County Commissioners of Hillsborough County also recognizes the need to
encourage humane and responsible animal ownership; and
WHEREAS, in many instances Hillsborough County is currently unable to locate owners of sick and
injured animals; and
WHEREAS, the nature of some animal illnesses and injuries necessitate expedient, humane euthanasia
of the animal; and
WHEREAS, it is the owners' sole responsibility to ensure that owner identity is readily ascertainable
so that the County may locate and notify owners of their animal's status; and
WHEREAS, there is a need to reduce the over-population of unwanted animals in Hillsborough County;
and
WHEREAS, there is a need to prevent neglect of, and cruelty to, animals; and
WHEREAS, dogs and cats transported, transferred, or offered for sale, or breeding purposes should
be in good health, kept in sanitary conditions and treated humanely; and
WHEREAS, there is a need to ensure that each person owning, harboring, keeping or providing services
directly or indirectly to animals maintain minimum humane care standards;
WHEREAS, there is a need to protect citizens from dangerous and bothersome animals and to prevent
animal bites, attacks and accidents caused by free roaming animals; and
WHEREAS, there is a need to ensure that service animals are able to perform services without
interference for disabled persons; and
WHEREAS, a civil citation system enforced through the Hillsborough County Animal Services Department,
appropriate law enforcement, and the Hillsborough County Court system is the most appropriate
means of encouraging citizens to comply with the requirements of this Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA,
THIS 28 DAY OF June , 2000, AS FOLLOWS:
SECTION 1. TITLE
This Ordinance shall be known and may be cited as the "Hillsborough County Animal Ordinance."
Return to Ordinance Index....
SECTION 2. DEFINITIONS
The following terms shall have the meanings as indicated. No attempt is made to define any words
which are used in accordance with their established dictionary meaning, except when necessary
to avoid misunderstanding. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular number, words in the
singular number include words in the plural number, and the use of any gender shall be applicable
to all genders whenever the sense requires. The words "shall", "will" and "must" are
mandatory and the word "may" is permissive.
- ABANDON - shall mean to forsake an ANIMAL entirely or to neglect or refuse to provide or
perform the legal obligations for care and support of an ANIMAL.
- ANIMAL - shall mean any living dumb creature that is a member of the mammalian, avian, reptilian
or amphibian species, except that sections of this Ordinance controlled by statute shall be
governed by the statutory definition of animal.
- ANIMAL CONTROL OFFICER - shall mean any individual employed, contracted with, or appointed
by the COUNTY who is appropriately trained and authorized to investigate, on public or private
property, civil infractions relating to ANIMAL control or CRUELTY and to issue CITATIONS. ANIMAL
CONTROL OFFICERS are not authorized to bear arms or make arrests but are otherwise empowered
as provided for in Section 828.27, Florida Statutes (1999), as may be amended.
- ANIMAL RESCUE ADOPTION ORGANIZATION - shall mean a not-for- profit organization or individual
that engages in placing homeless ANIMALS into homes to live the remainder of their lives in
a humane and safe manner as COMPANION ANIMALS and that obtains a PERMIT from the DEPARTMENT
to obtain ANIMALS from the DEPARTMENT's adoption program. Such organizations may also foster
ANIMALS or enlist others to foster ANIMALS.
- APPROVED GOVERNMENTAL AGENCY - shall mean an agency of the federal, local or state government
which owns DOGS trained for service in the government, and which registers with and is approved
for exemption from certain fee requirements by the DEPARTMENT.
- AT LARGE - shall mean not on the OWNER's property, and not under restraint or the DIRECT
CONTROL, custody, charge or possession of the OWNER, or other responsible PERSON.
- AUTHORIZED SHELTER - shall mean a society or association for the prevention of CRUELTY to
ANIMALS organized under the laws of the state and authorized by the DEPARTMENT to own or operate
a shelter for the humane confinement and maintenance of DOGS, CATS and other ANIMALS.
- BAITING - shall mean to attack with violence, to provoke, or to harass an ANIMAL with one
or more ANIMALS for the purpose of training an ANIMAL for, or to cause an ANIMAL to engage
in, fights with or among other ANIMALS.
- BITE - shall mean any cut, puncture or breakage of skin or tissue made with the teeth or
fangs of any ANIMAL.
- BOCC - shall mean the Board of County Commissioners of Hillsborough County, Florida.
- CAT - means but is expressly not limited to domestic cats, Felis catus, and any genetic hybridization
thereof, including but expressly not limited to ocelot hybrids and bobcat hybrids, that is
not under the jurisdiction of the Florida Game and Fresh Water Fish Commission.
- CATTERY - shall mean any premises wherein 6 or more CATS are kept for the purposes of boarding,
training, or any other similar business purposes. COUNTY-operated or city-operated ANIMAL control
agencies and registered nonprofit humane organizations are not included.
- CITATION - shall mean a written notice, issued to a PERSON by an OFFICER that the OFFICER
has probable cause to believe the PERSON has committed a civil infraction in violation of this
Ordinance, and that the Hillsborough County Court System will hear the charge.
- CIVIL PENALTY - shall mean a sum of money assessed as a pecuniary penalty for a violation
of any provision of this Ordinance.
- COMPANION ANIMAL - shall mean any DOG, CAT or other ANIMAL that is legally owned, harbored
or kept for companionship or pleasure on or about the habitat or environment of a PERSON and
such DOG, CAT, or other ANIMAL is dependent upon a person for sustenance or survival, including
all ANIMALS except indigenous and non- indigenous wildlife under the exclusive jurisdiction
of the state and ANIMALS used in connection with pari-mutual wagering, horses, or ANIMALS raised
in connection with food or fiber industries.
- CONFINE OR CONFINEMENT - shall mean to HUMANELY, safely and securely hold or restrict an
ANIMAL in a designated area or to keep an ANIMAL within certain parameters.
- COUNTY - shall mean Hillsborough County, a political subdivision of the State of Florida.
- CRUELTY - shall mean every act, omission or neglect whereby unnecessary or UNJUSTIFIABLE
PAIN or SUFFERING is caused, permitted, or allowed to continue when there is reasonable remedy
or relief, unless excepted by law.
- DANGEROUS DOG - shall be defined in accordance with Section 767.11, Florida Statutes (1999),
as may be amended.
- DEPARTMENT - shall mean the COUNTY's Department of Animal Services.
- DIRECT CONTROL - shall mean immediate, continuous physical control of an ANIMAL at all times
such as by means of a fence, leash, cord or chain of such strength to restrain the ANIMAL.
- DIRECTOR - shall mean the person in charge of the day to day administration
of the DEPARTMENT or his or her authorized designee.
- DOG - means but is expressly not limited to domestic dog, Canis familiaris,
and any genetic hybridization thereof, including but expressly not limited to wolf hybrids
and coyote hybrids, that is not under the jurisdiction of the Florida Game and Fresh Water
Fish Commission.
- EXPOSURE TO RABIES - shall mean an action whereby a potentially rabid ANIMAL
has bitten, scratched or put its saliva in contact with the mucous membrane or an open lesion
of another ANIMAL or human being.
- FEE - shall mean money chargeable pursuant to this Ordinance that is not
assessed as a pecuniary penalty for violation of this Ordinance.
- FERAL CAT - shall mean a CAT that: (i) has an uncared for condition, such
as rough haircoat, underweight, or poor general health; (ii) cannot be handled without injury
to the CAT or a PERSON; (iii) displays violent or aggressive behavior; and (iv) has no observable
indication of ownership or identification, such as a TAG, ear tag, microchip, or TATTOO.
- FERRET - shall mean any member of the domestic ferret species Mustela putorius
furo regardless of age.
- GUARD DOG - shall mean any type of DOG used primarily for the purpose of
defending, patrolling or protecting individuals or property at any commercial establishment.
It does not include any stock DOGS used primarily for handling and controlling livestock or
farm ANIMALS.
- HANDLING EQUIPMENT - shall mean equipment used for training or handling
fighting ANIMALS, including but not limited to sparring muffs, gaffs, harnesses, treadmills,
CAT mill cages, decoys, feeding apparatuses, training pens and related devices and equipment.
- HARBOR - shall mean to perform any of the acts of providing care, shelter,
protection, refuge, food or nourishment in such a manner as to control the ANIMAL's actions.
- HUMANE MANNER or HUMANELY - shall mean the responsible practice of good
ANIMAL husbandry, management and care in regard to feeding, watering, ventilation, space and
confinement, exercise, lighting, shelter with protection from the elements, handling and treatment
in a manner consistent with the physical and behavioral needs of the species as more particularly
described in the COUNTY's Animal Care Standards promulgated by the DEPARTMENT. The definition
also includes the provision of euthanasia consistent with lawful practices.
- IMPOUND or IMPOUNDMENT - shall mean the taking of an ANIMAL into custody
through lawful means by the DEPARTMENT.
- INTACT - shall mean any DOG or CAT that has not been spayed or neutered.
- KENNEL - shall mean any premises wherein 6 or more DOGS are kept for the
purpose(s) of boarding, training, or any other similar business purposes. COUNTY-operated or
city-operated ANIMAL control agencies and registered nonprofit humane organizations are not
included.
- NUISANCE ANIMAL - shall mean any COMPANION ANIMAL that unreasonably annoys
humans, endangers the life or health of other ANIMALS or individuals, or substantially interferes
with the rights of citizens, other than its OWNER, thereby interfering with the reasonable
use and enjoyment of property, and as further defined in Section 15 of this Ordinance.
- OFFICER - shall mean any law enforcement officer in the COUNTY as defined
in Section 943.10, Florida Statutes, or any ANIMAL CONTROL OFFICER.
- OFFICIAL CERTIFICATE OF VETERINARY INSPECTION - shall be defined in accordance with Section
828.29(3)(b), Florida Statutes (1999), as may be amended.
- OWNER - shall mean any PERSON, owning, HARBORING, possessing or otherwise
keeping or exercising control or custody of any ANIMAL, or if the ANIMAL is owned by an individual
under the age of 18, that individual's parent or guardian. Knowledge and acts of agents and
employees of the OWNER in regards to ANIMAL transportation, employment or custody shall be
held to be the knowledge and acts of the OWNER.
- OWNER RELEASE AND SURRENDER STATEMENT - shall mean an ANIMAL release form
or statement signed by the OWNER or his or her authorized agent which relinquishes and vests
all ownership and possessory rights to the COUNTY.
- PERMIT - shall mean a formal authorization from the COUNTY which allows
an OWNER to engage in a regulated business involving ANIMALS as provided for by this Ordinance.
- PERMITTEE - shall mean any PERSON to which a permit is issued.
- PERSON - shall mean any individual, child, firm, association, joint venture,
partnership, estate, trust, business trust, syndicate, fiduciary, corporation, entity or any
group or combination thereof.
- PET DEALER - shall mean any PERSON who engages in the sale of more than 20 DOGS or CATS per
year. This definition includes breeders of DOGS or CATS who sell such ANIMALS directly to a
consumer. COUNTY or city operated ANIMAL control agencies and registered nonprofit humane organizations
are not included.
- PET PIG - shall mean any member of the domestic pig species Sus scrofa regardless
of age, that is raised or intended to be raised as a COMPANION ANIMAL, for personal use or
enjoyment, or if it is raised or intended to be raised for non-commercial or non-agricultural
purposes.
- PROPER ENCLOSURE - shall mean for a DANGEROUS DOG or a female DOG or CAT
in heat, that while on the OWNER's property, the DOG or CAT is securely confined indoors or
in a securely enclosed and locked pen or structure, suitable to prevent the entry of other
DOGS, CATS, or young children and designed to prevent the DOG or CAT from escaping over, under,
or through the structure and shall also provide protection from the elements in a HUMANE MANNER.
- QUARANTINE - shall mean the strict, humane, confinement, isolation and observation
of an ANIMAL suspected of carrying or being infected with rabies or some other contagious disease
or dangerous condition.
- RABIES VACCINATION - shall mean inoculation with a United States Government
approved vaccine for the prevention of rabies.
- REBATE - shall mean an incentive payment made to a PERSON residing in the
COUNTY who has had their DOG or CAT surgically STERILIZED under the conditions specified in
this Ordinance, which shall be funded from the TAG FEE differential assessed for INTACT DOGS
and CATS versus STERILIZED DOGS and CATS and such other funds as deemed appropriate by the
COUNTY.
- REGISTRATION - shall mean filing a COUNTY REGISTRATION CERTIFICATE for an
ANIMAL with the DEPARTMENT informing them of ownership and for TAG purposes.
- REGISTRATION CERTIFICATE - shall mean a document evidencing REGISTRATION
and VACCINATION for rabies of a DOG, CAT, or FERRET residing in the COUNTY which contains at
a minimum the information required by Section 828.30, Florida Statutes (1999), as may be amended.
- RESOLUTION - shall mean an expression of the BOCC, concerning some matter
of administration within its official competence.
- SERVICE ANIMAL - shall mean any guide or signal DOG or other ANIMAL that
is individually trained to provide assistance to an individual with a disability.
- SERVICE ANIMAL USER - shall mean a person who is visually impaired, blind,
hearing impaired, deaf, physically challenged or similarly health impaired person whom by reason
thereof is aided by a SERVICE ANIMAL.
- SEVERE INJURY - shall mean any physical injury that results in broken bones,
multiple BITES, or disfiguring lacerations requiring sutures or reconstructive surgery or as
further defined in Section 767.11(3), Florida Statutes (1999), as may be amended.
- SHELTER - shall mean, provision of and access to a three-dimensional structure
having a roof, walls and a floor, which is dry, sanitary, clean, weatherproof and made of durable
material. At a minimum, the structure must: (i) be sufficient in size to allow each sheltered
ANIMAL to stand up, turn around, lie down, and stretch comfortably; (ii) be designed to protect
the sheltered ANIMAL from the adverse effects of the elements and provide access to shade from
direct sunlight and regress from exposure to inclement weather conditions; (iii) be free of
standing water, accumulated waste and debris, protect the sheltered ANIMAL from injury, and
have adequate ventilation and for DOGS and CATS, provide a solid surface, resting platform,
pad, floormat or similar device that is large enough for the ANIMAL to lie on in a normal manner;
and (iv) be properly lighted to provide a regular lighting cycle of either natural or artificial
light corresponding to the natural period of daylight unless otherwise directed by a VETERINARIAN.
Structures with wire, grid or slat floors which permit the ANIMAL's feet to pass through the
openings, sag under the ANIMAL's weight or which otherwise do not protect the ANIMAL's feet
or toes from injury are prohibited except for birds where perches are provided.
- STERILIZED - shall mean rendered permanently incapable of reproduction such
as by surgical or chemical means.
- SUSTENANCE - shall mean access to and the provision of palatable nourishment
appropriate for the type of ANIMAL which is to eat it, free from contamination and provided
in a clean and sanitary manner. Food shall be of sufficient nutritional value to maintain the
ANIMAL in good health and shall be provided at suitable intervals for the species, age and
condition of the ANIMAL but not less than once daily except as otherwise prescribed by a VETERINARIAN
or as dictated by naturally occurring states of hibernation or fasting normal to the species.
- TAG - shall mean a current COUNTY ANIMAL license tag.
- TATTOO - shall mean an indelible mark made on a designated part of an ANIMAL's
body for the purpose of identification and REGISTRATION.
- TETHER - shall mean a rope, leash, or other means of constraint, which must
be attached to the ANIMAL by a properly applied collar, halter or harness and configured so
as to protect the ANIMAL from injury and prevent entanglement with other objects and/or ANIMALS.
The TETHER shall not extend over an object or edge in such manner that could result in the
strangulation of or injury to the ANIMAL. The length of the TETHER must be at least three times
the length of the ANIMAL measured from the nose to the base of its tail, unless the TETHER
is being used to secure the ANIMAL to the bed of an open VEHICLE.
- TIME COMPUTATIONS - Except as otherwise provided in Section 28, unless the
time period specifies "business days", all days shall be calendar days that exclude:
(i) the day the act, event, or default occurred, and (ii) the last day of the time period whenever
it falls on a Saturday, Sunday, or legal holiday (in which case the last day shall be the next
calendar day that is not a Saturday, Sunday or holiday).
- TORMENT - shall mean every act, omission or neglect whereby unnecessary
or UNJUSTIFIABLE PAIN or SUFFERING is caused, permitted, or allowed to continue when there
is reasonable remedy or relief; except when done in the interest of medical science pursuant
to and in compliance with the applicable law.
- TRANSFER - shall mean to convey or shift ownership from one PERSON to another,
with or without the exchange of money or other consideration.
- UNJUSTIFIABLE PAIN OR SUFFERING - shall mean the character of an act which
can not reasonably be excused, defended or vindicated (such as in connection with the practice
of veterinary medicine, law enforcement activities, to end needless suffering, or in defense
of persons or other ANIMALS).
- UNPROVOKED - means that the victim, who has been conducting himself or herself
peacefully and lawfully, has been bitten, chased in a menacing fashion, or attacked by a companion
animal.
- VACCINATION - shall mean an inoculation with a vaccine as a protection against
disease.
- VEHICLE OR MOTOR VEHICLE - shall mean any vehicle propelled by a means other
than muscle power, including but not limited to mopeds, go-carts, motorcycles, dune buggies,
boats, recreational vehicles, trucks, trailers, semi-trailers, truck-tractors, semi- trailer
combinations, or any other attachment to such a vehicle, operated on the roads of the COUNTY.
- VETERINARIAN - shall mean an individual who is licensed to engage in the
practice of veterinary medicine in Florida or is exempt from the state licensure requirements
under the authority of Chapter 474, Florida Statutes (1999), as may be amended, or who is licensed
in the area in which the veterinarian is practicing if outside of the State of Florida.
- VICIOUS ANIMAL - shall mean a DOG or CAT that when unprovoked has bitten,
attacked, endangered, or inflicted injury on a human, or domestic ANIMAL while on public or
private property; or has chased or approached a person upon the streets, sidewalks, or any
public grounds in a menacing fashion or apparent attitude of attack.
- WATER - shall mean provision of and access to clean, fresh potable water
of a drinkable temperature which is free from contamination and provided in a suitable manner,
in sufficient volume, and at suitable intervals to at all times maintain normal hydration for
the age, species, condition, size and types of each ANIMAL except as otherwise prescribed by
a VETERINARIAN or as dictated by naturally occurring states of hibernation. An ANIMAL confined
outdoors shall have a continuous supply of clean, fresh, and potable water, unless the ANIMAL
is under the direct supervision of a responsible PERSON at events such as DOG or CAT shows
or field trials. In such cases, the responsible PERSON shall ensure sufficient water is provided
to the ANIMAL in order to maintain normal hydration for the species of ANIMAL.
Return to Ordinance Index....
SECTION 3. DOG, CAT, AND FERRET RABIES VACCINATION
REQUIREMENT; MEDICAL EXEMPTION
- All DOGS, CATS, and FERRETS that are 4 months of age or older must be vaccinated for rabies
in accordance with Section 828.30, Florida Statutes (1999), as may be amended. DOGS, CATS,
and FERRETS shall be vaccinated annually for rabies. However, DOGS and CATS vaccinated by a
VETERINARIAN using a USDA-approved triennial vaccine are considered currently vaccinated for
the entire 3-year period and will not be required to have an annual re-vaccination for the
purpose of obtaining a RABIES TAG except that DOGS and CATS vaccinated at less than one year
of age, must be re-vaccinated with a booster one year after the initial vaccination.
- No PERSON may directly or indirectly provide false information or otherwise mislead members
of the public concerning the propriety or legality of administering VACCINATIONS to DOGS, CATS,
or FERRETS for rabies by someone other than a VETERINARIAN. The retail seller of DOG, CAT or
FERRET rabies vaccine shall advise the buyer of such vaccine that Florida law requires all
DOGS, CATS, and FERRETS that are 4 months of age or older be VACCINATED in accordance with
state law.
- Proof of RABIES VACCINATION in a form containing the information required by the REGISTRATION
CERTIFICATE, shall be provided to the OWNER and the DEPARTMENT by the vaccinating VETERINARIAN.
Upon request, such certificate shall be made available to any OFFICER or representative of
any enforcement agency.
- In the event the vaccinating VETERINARIAN does not practice in Florida, other verifiable
evidence of a current RABIES VACCINATION as deemed acceptable by the DEPARTMENT may be substituted.
- MEDICAL EXEMPTION
- A medical exemption from any VACCINATION requirement of this Ordinance may be granted by the
DEPARTMENT if the following requirements are satisfied:
- A VETERINARIAN examines the ANIMAL and certifies in writing that at the time of such
examination, in his or her professional opinion, administering the VACCINATION would
endanger the health or life of the ANIMAL. The VETERINARIAN's certification must include
the basis for his or her opinion (i.e. -- age, infirmity, disability, illness, or other
injurious condition), the anticipated duration of this condition, and the dates of
administration for the last occurring series of VACCINATIONS or a statement that this
information was not available;
- The ANIMAL is registered with the DEPARTMENT by submitting the VETERINARIAN's certification
and completing any other required forms and paying the applicable FEE within 30 days
of the exam; and
- The ANIMAL is securely and HUMANELY CONFINED.
- In no event shall any exemption granted pursuant to this section be in effect for more
than 1 year without re-certification by a VETERINARIAN. As soon as the ANIMAL's condition permits,
it must be VACCINATED and otherwise come into full compliance with the Ordinance.
- The DEPARTMENT must be contacted upon expiration or termination of the exemption and/or
the ANIMAL's condition and provided proof of compliance with all VACCINATION requirements within
14 days.
SECTION 4. DOG, CAT, AND FERRET REGISTRATION AND LICENSE TAGS; REQUIREMENTS;
FEES; EXEMPTIONS; CHANGES IN OWNERSHIP
- REQUIREMENTS
- Except as provided for in section 4(C) of this Ordinance, all DOGS, CATS, and FERRETS
that are 4 months of age or older must be registered with the DEPARTMENT. The length of
time that such REGISTRATION will remain valid may be based on the expiration of the ANIMAL's
RABIES VACCINATION, but in no instance shall it be greater than 1 year.
- Except as provided for in section 4(C) of this Ordinance, all DOGS and CATS in the COUNTY
that are at least 4 months of age or older must have been issued a TAG. The length of time
that such TAG will remain valid may be based on the expiration of the ANIMAL's RABIES VACCINATION,
but in no instance shall it be greater than 1 year.
- In order to register or renew REGISTRATION for a DOG, CAT, or FERRET, a current and
complete REGISTRATION CERTIFICATE must be provided to the DEPARTMENT along with any and
all applicable FEES for the REGISTRATION CERTIFICATE and TAG.
- The TAG may be obtained either from the DEPARTMENT, a VETERINARIAN, or any other organization
authorized by the DEPARTMENT pursuant to Section 23 of this Ordinance. Only REGISTRATION
CERTIFICATES signed by a VETERINARIAN and TAGS approved for issuance by the DEPARTMENT
shall be valid.
- FEES
- The FEE for REGISTRATION CERTIFICATES and TAGS shall be established by BOCC Policy. There
shall be a differential between the FEE assessed for REGISTRATION CERTIFICATES and TAGS
of INTACT DOGS or CATS versus STERILIZED ANIMALS, with INTACT ANIMALS to be charged at
a higher rate.
- There will be no TAG FEE assessed for SERVICE ANIMALS.
- There will be no REGISTRATION FEE or TAG FEE assessed to APPROVED GOVERNMENT AGENCIES
or government owned or operated ANIMAL shelters.
- EXEMPTIONS TO REGISTRATION AND TAG REQUIREMENTS
- Visiting DOGS, CATS, or FERRETS The REGISTRATION and TAG requirements of this Ordinance
shall not apply to any ANIMAL that will only remain in the COUNTY for a period of 90 days
or less and for which the DEPARTMENT has been provided proof of domicile outside of the
COUNTY, a current, valid certificate of RABIES VACCINATION, and any applicable registration,
required license, or permit required by the laws of the jurisdiction of domicile. This
exemption is not intended to apply to those ANIMALS that are born or raised in the COUNTY
for possible distribution outside the COUNTY.
- Newly acquired The OWNER of a newly acquired DOG, CAT, or FERRET shall have 30 days to
register the ANIMAL and obtain a TAG for the DOG or CAT. This provision does not excuse
the previous OWNER from any applicable REGISTRATION or TAG requirements.
- AUTHORIZED SHELTERS The COUNTY SHELTER, shall be exempt from the REGISTRATION and TAG
requirements of this Ordinance. AUTHORIZED SHELTERS and ANIMAL RESCUE ADOPTION ORGANIZATIONS
REGISTRATION and TAG requirements will be provided for by RESOLUTION.
- CHANGES IN OWNER INFORMATION
The PERSON named as the OWNER and the address, as it appears on the REGISTRATION CERTIFICATE,
shall be prima facie evidence of ownership and domicile of the ANIMAL. The DEPARTMENT must
be notified within 30 days of any change in ownership or any other change in the information
contained in the REGISTRATION CERTIFICATE including the address or telephone number.
- COSTS
The OWNER is responsible for all costs associated with the REGISTRATION and TAG requirements
of this Ordinance.
Return to Ordinance Index....
SECTION 5. REPORT OF ANIMAL BITES/EXPOSURE TO RABIES
- Pursuant to the applicable provisions of the Florida Administrative Code 64D-3, as may be
amended, when any individual has been exposed to rabies by any ANIMAL or has knowledge that
an individual has been exposed to rabies, that individual must report the incident promptly
to the COUNTY Health Department in accordance with the law. The individual making the report
shall state, to the best of his knowledge, the name and address and phone number of the individual
who has been exposed to rabies, the time and place of such exposure, and if known, the location,
description and type of ANIMAL involved, information about the OWNER, and circumstances surrounding
the incident.
- The Director or Administrator of the COUNTY Health Department or the appropriate state health
officer shall determine which ANIMALS are subject to QUARANTINE and shall issue appropriate instructions
pursuant to the applicable provisions of the Florida Administrative Code 64D-3, as may be amended.
Return to Ordinance Index....
SECTION 6. DISPLAY OF TAG; CAT IDENTIFICATION
- DOGS
Unless otherwise exempted by this Ordinance, all DOGS required to have a TAG must wear the TAG
when outside. Other types of identification, such as microchips or TATTOOS, are also encouraged.
- CATS
Unless otherwise exempted by this Ordinance, all CATS are required to have a TAG. A CAT shall
be required to wear its TAG or be microchipped, tattooed, or have an ear tag that can be used
to identify the CAT and link it to the OWNER when outside. The numbers/letters from the microchip,
TATTOO, or ear tag that uniquely identify the CAT must be provided to the DEPARTMENT at the time
of licensure.
- EXCEPTIONS
- An ANIMAL actively participating in a field trial, obedience trial, training exercise, conformation
show and/or match or any other organized legal public competition, will not be required to wear
its TAG while participating in the activity. However, the handler must keep the TAG on his or
her person during the event. DOGS or CATS kept in an enclosure such as a kennel or cage are not
required to wear TAGS. TAGS for such ANIMALS shall be in the possession of the OWNER or the PERSON
responsible for the ANIMAL.
- AUTHORIZED SHELTERS and APPROVED GOVERNMENT AGENCIES shall be exempt from the provisions
of this section.
- TRANSFER OF TAGS
A TAG shall not be transferred from one ANIMAL to another ANIMAL.
- LOST TAGS
A replacement TAG must be purchased and in place within 10 calendar days if the original TAG
is lost, misplaced or stolen.
SECTION 7. HUMANE TREATMENT OF ANIMALS
- Any PERSON owning, caring for, harboring, or keeping an ANIMAL must treat the
ANIMAL HUMANELY at all times.
- No PERSON shall:
- Breed, own, possess, HARBOR, keep or train any ANIMAL with the intent that such
ANIMAL be engaged in ANIMAL fighting;
- Build, make, maintain, or keep a pit or other area on premises
owned or occupied by him or allow an area to be built, made, maintained, or kept on such
premises, for the purposes of ANIMAL fighting;
- Own, manage, possess, maintain, sell or operate
any facility, staging equipment, concession equipment, HANDLING EQUIPMENT, or exhibition
equipment related to ANIMAL fighting;
- Advertise, for the purpose of ANIMAL fighting;
- Encourage or instigate ANIMAL fighting
in any manner; or (6) Perform any service, with or without pay, in the furtherance
of, or to facilitate, any ANIMAL BAITING or fighting, including refereeing, advertising,
acting as a stakes or security holder of wages or handling ANIMALS intended to be used in
fighting.
- Any ANIMAL that is CONFINED must be provided appropriate care, sufficient quantities of
good and wholesome food and WATER on a daily basis, kept in sanitary conditions, provided with
sufficient room to stand up, turn around, and sit comfortably, proper air ventilation and quality
of air, and protection from the elements and from excessive exposure to fleas, ticks, other
harmful insects or external parasites.
- A deceased ANIMAL may not be disposed of by abandoning,
dumping or burying it on the property of another, either private or public, without the written
consent of the property owner.
Return to Ordinance Index....
SECTION 8. CRUELTY TO ANIMALS
- Pursuant to Section 828.12, Florida Statutes (1999), as may be amended, CRUELTY
to ANIMALS is a criminal offense. The DEPARTMENT shall investigate reported incidents involving
CRUELTY to ANIMALS or support investigations by other law enforcement agencies when so requested
and refer cases where probable cause exists to the state attorney's office for criminal prosecution.
- The following acts or omissions shall constitute CRUELTY to ANIMALS under this Ordinance:
-
Unnecessarily overloading, overdriving, tormenting, depriving of necessary sustenance,
shelter, or medical care, or unnecessarily mutilating, or killing any ANIMAL or causing
the same to be done, or carrying in or upon any VEHICLE, or otherwise, any ANIMAL in a
cruel or inhumane manner.
- Intentionally committing an act to any ANIMAL which results in the cruel death,
or excessive or repeated infliction of unnecessary pain or suffering, or causes the same
to be done.
- Poisoning a DOG, CAT, FERRET, PET PIG, or other pet ANIMAL.
- Pursuant to Section 828.13,
Florida Statutes (1999), as may be amended, confining an ANIMAL without sufficient food,
WATER or exercise, or abandonment of an ANIMAL is a criminal offense. The DEPARTMENT shall
investigate reported incidents involving such action or support investigations by other law
enforcement agencies when so requested and refer cases where probable cause exists to the state
attorney's office for criminal prosecution.
- The following acts or omissions shall constitute
improper CONFINEMENT or abandonment:
- Impounding or confining an ANIMAL without a sufficient
quantity of good and wholesome food and WATER.
- Keeping an ANIMAL in any enclosure without
wholesome exercise and change of air.
- ABANDONING to die any ANIMAL that is maimed, sick,
infirm, or diseased.
- ABANDONING an ANIMAL to suffer injury, malnutrition or illness without
veterinary care.
- A VETERINARIAN rendering services is exempt from the provisions of this
section.
- Pursuant to Section 828.122, Florida Statutes (1999), as may be amended, fighting
or BAITING ANIMALS is a criminal offense. The DEPARTMENT shall report incidents involving
such action to the appropriate law enforcement agency and support investigations when so requested
and refer cases where probable cause exists to the state attorney's office for criminal prosecution.
- The following acts or omissions shall constitute improper fighting or BAITING under
this Ordinance:
- BAITING or using any ANIMAL for the purpose of fighting or BAITING any other
ANIMAL.
- Knowingly owning, managing, or operating any facility kept or used for the purpose
of fighting or BAITING any ANIMAL.
- Promoting, staging, advertising, or charging any admission
fee to a fight or BAITING between two or more ANIMALS.
- These provisions shall not apply
to any PERSON: (i) simulating a fight for the purpose of using the simulated fight as part
of a motion picture which will be used on television or in a motion picture, (ii) using ANIMALS
to pursue or take wildlife or to participate in any hunting regulated or subject to being
regulated by the rules and regulations of the game and fresh water fish commission, (iii) using
ANIMALS to work livestock for agricultural purposes, (iv) simulating bloodless bullfighting,
or (v) using ANIMALS to hunt wild hogs or to retrieve domestic hogs.
- Nothing in this section
shall be construed to prohibit, impede, or otherwise interfere with recognized ANIMAL husbandry
and training techniques or practices not otherwise specifically prohibited by law.
SECTION 9. VICIOUS ANIMALS AND DANGEROUS
DOGS
- VICIOUS ANIMALS
No person shall allow a companion animal, when unprovoked, to bite, attack, endanger, or inflict
injury on a human, domestic animal, or livestock while on public or private property; or
chase or approach an individual upon the streets, sidewalks, or any public grounds in a menacing
fashion or apparent attitude of attack. Violations of this Section may constitute proof of “prior
knowledge of a dog’s dangerous propensities” under Section 767.13(2), Florida
Statutes (2002), as may be amended.
- DANGEROUS DOGS
The provisions of Chapter 767, Florida
Statutes (2002), as may be amended, pertaining to dangerous dogs are adopted in their entirety
as a part of this Ordinance. All procedures, regulations, requirements, and restrictions
pertaining to dangerous dogs are applicable under this Ordinance, and a violation of the
statute shall constitute a violation of this Ordinance. Each day the owner of a dangerous
dog fails to comply with the requirements of this Section or requirements of Section 767.12,
Florida Statutes (2002), as may be amended, shall constitute a separate and distinct offense.
- DANGEROUS DOGS
- If the OWNER wishes to appeal the initial decision of the DEPARTMENT
to a hearing master, he or she must file a written request for a hearing within
7 days from the date of receipt of the notice of intent to declare the DOG dangerous and,
if requested, a hearing shall be held as soon as possible but not more than 21 calendar
days and no sooner than 5 days after the DEPARTMENT's receipt of the request.
- After a dog has been classified as dangerous or a dangerous dog classification is upheld on appeal, the owner of the dog must obtain a certificate of registration from the department within 14 days, and the certificate must be renewed annually. The department will only issue certificates of registration and their renewals to individuals who are at least 18 years of age, pay the appropriate fee, and present sufficient evidence of the requirements provided for in Section 767.12, Florida Statutes (2002), as may be amended. In addition to those requirements, the DOG�S owner must:
- Sterilize the dog within 30 days of being declared dangerous; and
- Register for, and attend to completion, dog obedience training from an instructor
approved by the department; and
- Provide the department proof of a current health
certificate for the dog issued by a veterinarian; and
- Have the dog micro-chipped
and registered to the owner at his or her current address; and
- Post approved signage
obtained from the department at intervals determined by the department and at all
entrances to the property; and
- When outside its proper enclosure, dangerous dogs must be
muzzled, restrained by a substantial chain or leash, and under control of a competent
person. In addition, the use of a physical control device such as a passive head restraint
collar or harness recommended by the department is required; and
- Provide access
to property and the dog for no less than two inspections annually by the department
to verify compliance with the provisions of this Ordinance and Chapter 767, Florida Statutes
(2002) as may be amended; and
- Receive training provided by the department on responsible
pet ownership of dangerous dogs.
- The department may provide notification to appropriate neighbors and
the public advising them of the presence of a declared dangerous dog. Photographs of the
dog may be used in providing the public with internet access to dangerous dog information.
- The department may confiscate any dog classified as dangerous for euthanasia
as a result of the owner's failure to comply with any or all requirements of Chapter 767,
Florida Statutes (2002), as may be amended, or any requirement of this Section. Should the
department confiscate any dog under this section, notice of sufficient cause to confiscate
the animal shall be provided in writing to the owner in accordance with Section 767.12, Florida
Statutes (2002), as may be amended. The animal shall be held for 10 business days after the
owner is provided this written notice and thereafter destroyed in an expeditious and humane
manner. This 10 day time period shall allow the owner to request a hearing under Section
26 of this Ordinance.
- Any dog that is exempted from the provisions of Chapter 767, Florida Statutes (2002), as
may be amended, shall be exempt from the provision of this Section of the Ordinance.
- Any person who owns, harbors, or otherwise provides custody for a dangerous dog shall be
responsible for any damage or injury caused by that dog, including, but not limited to, veterinary
or medical bills or property damage.
- DANGEROUS DOG/SEVERE INJURY; SECOND
ATTACK
- If a dog previously declared dangerous attacks or bites a human being or a domestic animal
without provocation, in accordance with section 767.13, Florida Statutes (2002), as may be
amended, the owner is guilty of a criminal offense.
- 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 the pendency of any hearing or appeal
procedure, as well as any and all investigative fees accrued by the department.
- If the owner files a timely written appeal, the department may not destroy the dog while
the appeal is pending, except to prevent unnecessary suffering as determined by 2 veterinarians
Return to Ordinance Index....
SECTION 10. CONFINEMENT TO PROPERTY; DOGS AND CATS AT LARGE; EXCEPTIONS
- Excluding public right-of-way on an owner's private property, no DOG or CAT
shall be allowed to stray, run or go, AT LARGE upon any public property or street, sidewalk,
park, or on the private property of another without the consent of the property owner.
- Any CAT that is outdoors while not under DIRECT CONTROL must be
STERILIZED.
- Any DOG or CAT that is on private property without the consent of the property
owner or resident may be captured in a humane trap or otherwise HUMANELY confined. PERSONS
capturing AT LARGE DOGS or CATS will be responsible for the humane care of the ANIMAL until
the captured ANIMAL is turned over to the DEPARTMENT, other humane organization, or licensed
wildlife trapper. A PERSON shall not entice a DOG or CAT to become AT LARGE for the purpose
of trapping or apprehending when that DOG or CAT would otherwise not be AT LARGE.
- No PERSON
shall under any circumstance TETHER or otherwise CONFINE
any ANIMAL in a manner that is injurious to its health.
In order for a dog or cat to be allowed on a public street, road, park or other public property, excluding public right-of-way on an owner's private property or unless otherwise specifically permitted, the dog or cat shall be under the direct control of the owner or keeper, except while hunting pursuant to permit or during a legitimate obedience demonstration, show, trial, training exercise, competition, show and/or match or educational program, so long as proper precautions are taken by the owner of the dog and/or sponsor of the event to insure the safety and protection of both the public and other animals.
SECTION 11. STRIKING OR INTERFERING WITH A SERVICE ANIMAL
- No individual shall intentionally strike or interfere with a service animal in performance
of its duties. Interference includes any activity intended to distract the service animal from
performing its duties including, but not limited to, throwing or waving objects, chasing, calling,
blocking, or any similar activity.
- It is a defense that the accused party was engaged in a training activity or discipline with
the animal, and acted as an employee or agent of a service animal user.
- In addition to any fine imposed for the violation of this section, the court may order the
violator to make restitution to the service animal user for reimbursement of:
- Veterinary bills;
- Cost of retraining;
- Temporary loss of use; and/or
- Replacement cost if the animal is disabled, unable to perform its duty, or is killed.
SECTION 12. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER
No individual shall interfere with an Animal Control Officer in the legal performance
of his or her duties. This includes but is not limited to, striking or attempting to strike the
Animal Control Officer; providing the Animal Control Officer with false information; taking or
attempting to take any animal from any Animal Services officer in the legal performance of his
or her duties, from any official vehicle used by the department to transport animals, or from
the department without proper authority; or to taking or damaging any county property used in
conjunction with the legal performance of the Animal Control Officer's duties. In addition to
constituting a violation of this Ordinance, such action may be punishable pursuant to Section
838.021, Florida Statutes (1999), as may be amended.
Return to Ordinance Index....
SECTION 13. FEMALE IN HEAT
The owner of a female dog or cat in heat (estrus) shall humanely confine such dog or cat in
a building or proper enclosure so as to make her inaccessible to any male dog or cat, except
for controlled, intentional permitted breeding purposes. When not in a proper enclosure, such
dogs or cats shall be under the direct supervision of a responsible individual so that the dog
or cat is not allowed to unintentionally come into contact with a male dog or cat and breed.
Return to Ordinance Index....
SECTION 14. ANIMAL WASTE REMOVAL
Any feces deposited by a dog, cat, or pet pig on public property, public walks, recreation areas
or the private property of others must be immediately removed by the person who has custody
or control of the animal unless otherwise authorized by the property owner.
SECTION 15. COMPANION ANIMALS CREATING NUISANCE
- No companion animal shall be allowed to unreasonably annoy humans, to endanger
the life or health of other animals or persons acting lawfully, or to substantially interfere
with the rights of others thereby interfering with the reasonable use and enjoyment of property.
It shall be prima facie evidence of nuisance if a companion animal:
- consistently and/or constantly makes excessive noise;
- causes damage to or destruction
of another's property;
- causes unsanitary, dangerous or offensive conditions, including
the fouling of the air by offensive odor emanating from excessive excrement; or
- creates
a pest, parasite or scavenger control problem which is not effectively treated.
- Upon receipt of an "Affidavit of Complaint," signed by 2 or more unrelated county
residents, each residing in separate dwellings in the vicinity in which the alleged violation
occurred, made under oath or affirmation before an individual authorized by law to take acknowledgments,
setting forth the nature and the date of the act or acts, the owner of the companion animal,
the address of the owner and description of the companion animal doing such act or acts, an
Animal Control Officer shall conduct an investigation of the incident. In the discretion of
the department, other reliable evidence may replace one of the required affidavits.
SECTION 16. CONTAGIOUS DISEASES
An animal that is known to be suffering from or afflicted with a contagious or infectious
disease shall not be transferred, sold, bartered, or disposed of without first disclosing to
the person to whom the same is transferred, sold, bartered or disposed of that such animal is
so diseased, nor shall such animal be or knowingly allowed to come into contact with any animal
of another person without his or her knowledge or permission. Such action may be subject to additional
penalties pursuant to Section 828.16, Florida Statutes (1999), as may be amended.
Return to Ordinance Index....
SECTION 17. PET DEALER, KENNEL, CATTERY, ANIMAL RESCUE ADOPTION ORGANIZATION,
AND GUARD DOG PERMITS
- In addition to complying with all other applicable provisions of this Ordinance, all
pet dealers, kennels, catteries, Animal Rescue Adoption Organizations or guard dog services
must obtain a permit prior to operating a business in the county, and must maintain such permit
at all times in order to conduct business in the county.
- Permits shall be issued by the
department, and a separate permit or combination permit shall be required for each permitted
business. Each individual location maintained or operated in the county that is subject to
regulation pursuant to this Ordinance shall be considered a separate business subject to
the permitting requirements of this section. permits shall not be transferrable between locations
or persons.
- COMBINATION PERMITS A combined permit may be obtained by a person engaged
in more than one type of permitted activity. The applicant for a combined permit shall be
required to meet the standards for each type of business permitted and the permit shall state
on its face the specific types of businesses covered by the permit.
- Each permit shall be
valid for 1 year, and is renewable on an annual basis. Application and annual issuance fees
shall be established by BOCC Policy.
- EXEMPTIONS
- A veterinarian operating a facility that has a current, state premise permit issued pursuant
to the provisions of Chapter 474, Florida Statutes, shall be exempt from the pet dealer,
kennel, cattery permit, and animal rescue adoption organization requirements.
- An animal
rescue adoption organization that does not obtain animals from the department is not
required to obtain a permit to operate in the county.
- VIOLATIONS In addition to being
punishable in accordance with section 34 of this Ordinance, a permit may be denied, suspended
or revoked by the department pursuant to section 21 of this Ordinance, and the county may
seek a temporary or permanent injunction from the appropriate court enjoining the violator
from engaging in the regulated activity.
SECTION 18. PERMIT APPLICATION AND RENEWAL PROCEDURES
- Application for a permit, or for a renewal of a permit, shall be made in a manner
and on the forms prescribed by the department. Application for all permit renewals must be
submitted to the department at least 30 days prior to expiration. The applicable fee must accompany
the application for a permit or its renewal.
- Each applicant shall be required as part of the application process to submit a sworn
or affirmed statement that they are in compliance with all permit requirements and standards,
and shall disclose any previous denial, suspension or revocation of a prior permit. In addition,
each applicant shall submit to an annual inspection of the business premises on the behalf
of the department during the application or renewal process. The inspection of a pet dealer,
kennel, cattery or permitted animal rescue adoption organization must be conducted by a veterinarian
or a qualified employee of the department. If the inspection is conducted by a veterinarian
who is not employed by the county, the applicant must provide to the department his or her
name, address, and telephone number at least 2 weeks before the planned inspection. The veterinarian
shall use inspection criteria and forms provided by the department and must sign an agreement
with the department pertaining to this prior to being authorized to perform the inspection.
- Each permit application must be completed and signed by the owner of the business, if an
individual. If the applicant is a partnership, the application shall contain the name and address
of each partner thereof. If the applicant is a corporation, firm, or association, the application
shall contain the entity name and address, state of incorporation (if applicable), the names
and addresses of each director and officer, and the name and address of the registered agent.
The application shall be signed by a duly authorized officer.
- The application and supporting
documentation must be complete, truthful and correct. Falsification of applicant information
is grounds for denial or revocation of a permit in accordance with section 21 of this Ordinance
and is also punishable in accordance with the provisions of Chapter 837, Florida Statutes.
The department shall examine the application, notify the applicant of errors or omissions,
and request any additional information needed to complete the application.
- In the event an
inspection reveals the permitted activity is not in compliance with the provisions of this
Ordinance, a written statement shall be furnished to the applicant or permittee by the department
indicating the provisions being violated and either allowing the applicant or permittee to
correct the items within a specified length of time as determined by the department from
receipt of the statement, or informing the applicant or permittee that the permit will be denied,
suspended or revoked. A temporary permit may be issued pending full compliance. Failure of
an applicant or permittee to correct all violations within the time allowed may result in the
denial, suspension or revocation of the permit.
- A permit may be denied if a person fails to
certify that he or she has no prior criminal conviction relating to the maltreatment of animals.
Such denial may extend to the employees of the business for which the permit is being sought.
- First time applicants shall be required to complete an education program provided by the
department that illustrates proper care of animals and an overview of the permitting process.
If a permittee is cited for a violation of the conditions of the permit, that individual may
be required to attend a seminar, provided by the department, that illustrates proper care of
animals.
- Each permit shall be issued in the name of the owner and is non-transferable.
- The permit
must be prominently displayed in a conspicuous place inside the permittee's facility. The
permit shall bear the distinctive seal of the County of Hillsborough.
- The department shall
issue or renew a permit upon being satisfied that all standards required by this Ordinance
and any other applicable laws, rules or regulations have been satisfied. The department shall
grant or deny the reapplication for a permit within 30 days from the date upon which the
applicant submits a completed application or receipt of timely requested additional information
or correction of errors or omissions. Upon the effective date of this Ordinance, permitted
businesses may continue to operate without a permit for 45 days, provided they are operating
in accordance with the provisions of the other sections of this Ordinance.
- If a permitted business
is sold or changes ownership, the new or prospective owner must make application to the department
for a new permit within 15 days.
SECTION 19. MINIMUM PERMIT STANDARDS
The following minimum standards shall apply to each business requiring a permit under
this Ordinance:
- All dogs and cats in the care, custody or control of the business must be treated in a humane
manner at all times.
- Records must be maintained and kept for each dog or cat in the care, custody
or control of the business which include, at a minimum, the following information:
- The name,
address and telephone number of the legal owner of the animal;
- The name, address and telephone
number of the attending veterinarian;
- Current vaccinations;
- A record of any medications administered to the animal that includes
the date, time and dosage amounts while the animal is being treated; and
- Tag number.
In the event any of the above information cannot be obtained from an owner
or other source, a notation to that effect should be included in the record.
- All sick, diseased and/or injured
dogs and cats must be provided appropriate veterinary care. If necessary, any animal which
is injured or which shows signs of illness or symptoms of contagious disease must be isolated
in such manner so as to prevent the spread of such illness or disease to other animals or
the exacerbation of the injury.
- All applicable state and federal statutes, codes, rules, ordinances,
the applicable provisions of this Ordinance and any applicable community care standards established
by the department must be complied with.
- The department must be provided a copy of the official
certificate of veterinary inspection within 30 days of the date of the sale of a dog or cat.
- The buyer or new owner of any dog or cat must be provided with the applicable permit and
tag numbers for that particular business and animal.
- Include in any advertisement related to
the regulated activity, service or business, a valid permit number. This requirement includes,
but is not limited to, advertisements in the yellow pages of the telephone directories, community
bulletin boards, flyers, pamphlets, classified advertisements, signs, radio and television
announcements, and other advertising circulations. This requirement does not apply to classified
advertisements for employment purposes.
SECTION 20. RESTRICTIONS ON COMMERCIALLY SUPPLIED GUARD DOGS; ADDITIONAL
MINIMAL PERMIT REQUIREMENTS; INABILITY TO USE DANGEROUS DOG; REQUIREMENTS OF USERS
- Every guard dog business operating in the county must comply with the following
additional requirements:
- The guard dog business must have each guard dog examined by a
veterinarian on at least an annual basis and certified to be healthy, normal and free from
intestinal parasites and in his or her best judgment physically fit for service as a guard
dog. Said proof shall be provided to the department upon request.
- Newly acquired guard
dogs must be properly vaccinated, tagged, and registered with the department within 30
calendar days of acquisition.
- All guard dogs must be microchipped or tattooed.
-
Each guard dog must be tattooed or microchipped and will be assigned a registration
number from the department. All tattoos must be unique and clearly visible and placed
on the inside right thigh, with each letter and number at least one-half (2) inch in
height.
- Any guard dog registered with the American Kennel Club or similar organization,
may have the tattoo placed in its ear.
- A guard dog already displaying a tattoo need
not obtain an additional tattoo if the existing tattoo is unique and identifiable,
identifies the guard dog, and the number is registered with the department.
- The department must be provided the following additional
information for each guard dog:
- The name, address, day time telephone number, and
after hours telephone number of the individual responsible for managing the guard dog
business and the individual responsible for training and/or caring for the guard dogs
must be provided to the department;
- The breed, sex, weight, age, color, tattoo and/or
microchip registration number;
- A color photograph; and
- A description of any distinguishing physical features.
- The following information
must be maintained and made immediately available to the department upon request:
- The name, address and telephone number of each client procuring the use of a guard
dog and the physical location of the guard dog, if different than the client's address;
- The name, address and telephone number of the individual responsible for providing
food, water, shelter and exercise for the guard dog; and
- For each guard dog, any
veterinary program of preventative medical care and any prescribed treatment certified
by a licensed veterinarian.
- In the event that a guard dog is transferred
to another owner, allegedly bites or attacks a human being or another animal, dies, or
disappears, the guard dog business must immediately notify the department in a writing
containing, at a minimum, the applicable tattoo or microchip identification, the tag
information, the date and time of the occurrence, the new owner's name, mailing address
and residence address, if ownership has been transferred, and the last known whereabouts
of the guard dog, in the event of disappearance.
- Any vehicle used to transport guard
dogs pursuant to a person's business must be clearly marked to show that it is transporting
guard dogs, and must be maintained and arranged to ensure maximum ventilation and protection
for the animals.
- Any dog previously classified by the
department as a dangerous dog in accordance with the provisions of this Ordinance and applicable
Florida law, shall be ineligible to serve as a guard dog.
- REQUIREMENTS OF PERSONS USING GUARD DOGS
- Any person who hires or uses a guard dog must
provide proper fencing or a secure enclosure sufficient to keep the guard dog from digging
or jumping out and which must contain proper shelter and protection from the elements.
If the guard dog is confined to an area that does not allow for sufficient exercise, the
guard dog must be provided with minimum daily exercise consisting of either 30 minutes
of leash activity or 15 minutes of free activity, unless a veterinarian issues a written
medical exception.
- At each appropriate location and entry point, and at each 50 foot interval along the
fence perimeter, a sign must be posted that includes the words "DANGER - GUARD DOG" or
words of similar meaning and warning.
- Each entry point must have a sign posted with the telephone number of the guard dog's
trainer or handler and/or owner in case of an emergency.
Return to Ordinance Index....
SECTION 21. DENIAL, SUSPENSION OR REVOCATION OF PERMIT; PROCEDURES
- The department may deny, suspend or revoke a permit if the permittee:
- Has violated any law relating to the keeping, care, or use of any animal including
federal, state and local laws and ordinances;
- Has falsified any information given to the
department in connection with obtaining a permit;
- Has refused to allow the inspection
of any animal or premise covered by the permit;
- Holds a permit with the wrong classification;
- Transfers, sells or otherwise disposes
of the business for which the permit was issued or changes location; or
- Violates any provision
of this Ordinance.
- The procedures for notifying an applicant of the department's decision to deny, suspend,
or revoke a permit shall be established by resolution.
- The applicant or permittee shall have
a right to challenge such a decision by the department. The procedures for such a challenge
shall be established by resolution.
Return to Ordinance Index....
SECTION 22. EMERGENCY VACCINATIONS AND QUARANTINE
The BOCC may, upon the recommendation of the county Health Department's director/administrator
pursuant to the applicable provisions of the Florida Administrative Code 64D-3, as may be amended,
take appropriate action to require the vaccination and/or quarantine of animals other than
dogs, cats, or ferrets against rabies, or any other disease communicable to humans, or the
vaccination of companion animals for any disease not otherwise specified in this Ordinance,
at such time and in such areas within the county as deemed necessary in order to prevent and
assist in controlling any potential outbreak of disease.
Return to Ordinance Index....
SECTION 23. PROVIDING INFORMATION AND REGISTRATION AND SALE OF TAGS
BY VETERINARIANS, PROVIDING REGISTRATION AND SALE OF TAGS BY THE DEPARTMENT OR OTHER AUTHORIZED
ORGANIZATIONS
- All veterinarians practicing in the county must make available to their clients
tags and registration certificates.
- All veterinarians practicing in the county and any other person who owns or operates
a veterinarian's office or a companion animal clinic within the county must post in a conspicuous
place within the waiting area and/or in each examination room and/or area, a department
issued or approved information poster describing the legal obligations of companion animal
ownership.
- All veterinarians practicing in the county must make available to their clientele
educational and informational pamphlets or other materials provided by the department.
- All
veterinarians practicing in the county must, upon administering a rabies vaccination, inform
the owner that the dog, cat, or ferret is required to be registered with the department and
offer the owner the option of purchasing a tag from the veterinarian or the department.
- Prior to offering tags for sale, a veterinarian must submit a completed IRS form
W-9 and proof of a valid veterinary license and current premise permit to the department.
In the event the veterinarian fails to maintain his or her veterinary license or premise
permit he or she will no longer be authorized to sell tags.
- A veterinarian cannot charge more for the tag than is provided for by BOCC Policy and
is responsible to the department for all fees collected less any administrative or performance
fee established by BOCC Policy. The veterinarian must submit payment to the department
for each tag sold during the previous 30 days. Payment shall be made by check or money
order made payable to the BOCC and is to include any other accounting information or documentation
required by the department.
- Veterinarians may elect to donate any applicable administrative
fee for which they would otherwise be entitled to the Hillsborough County Animal Health
Foundation, Inc.
- All veterinarians
must keep records of the information required for the registration certificate for each dog,
cat, or ferret vaccinated for rabies and must submit to the department, on a monthly basis,
copies of the completed registration certificates for each animal they vaccinate for rabies
during the prior month. The owner is also to be provided a copy of the registration certificate.
- The department is authorized to provide registration and sale of tags.
- OTHER ORGANIZATIONS Other organizations may be authorized by the
department at its discretion, to sell tags to their customers or clients. To be authorized
to sell tags, other organizations shall enter into a contract with the county.
- VIOLATIONS In
addition to the penalties provided for in section 34 of this Ordinance, the department may
assess interest on any payment overdue by more than 30 days in an amount authorized by Section
687.01, Florida Statutes (1999), as may be amended, and pursue any other remedies that may
be applicable at law or in equity for failure to remit money collected for the tags.
SECTION 24. DOG AND CAT SPAY AND NEUTER "REBATE" PROGRAM
- To encourage sterilization, the BOCC shall, by resolution, establish rebates from fees generated
pursuant to this Ordinance for those persons who have their dogs or cats sterilized.
- To be eligible for a rebate:
- the owner must reside in the county at the time application for the rebate is submitted
to the department;
- have purchased one or more tags for the animal at the intact rate;
- have a current
registration certificate and tag for the sterilized animal; and
- submit the county
spay and neuter certificate signed by a veterinarian, to the department within 90 days
of the sterilization. Failure to submit the required documentation within the specified
time will result in a waiver of any claim to the rebate. No rebate shall be paid for
animals sterilized by the department.
- Funds for this program shall be appropriated
from the tag fee differential amounts collected for intact animals as compared to sterilized
animals, along with any other funds appropriated by the BOCC. A percentage of the fee differential
amount as indicated by resolution shall be appropriated to the spay and neuter fund and public
education efforts related to animal sterilization.
- This program will, for the specified
time period, cease upon the complete depletion of the appropriated funds. The director shall
provide prompt written notice to all participating veterinarians in the event the funds for
a particular time frame have been or are about to be exhausted. Any sterilization performed
prior to the veterinarian receiving such notice will receive first consideration when additional
funds are appropriated. Any other dog or cat sterilized during the affected time period is
ineligible as a basis for a rebate.
Return to Ordinance Index....
SECTION 25. DOGS AND CATS TRANSPORTED, TRANSFERRED, OR OFFERED FOR
SALE; CONSUMER GUARANTEE
- The provisions of Section 828.29, Florida Statutes (1999), as may be amended,
pertaining to consumer rights and remedies for dogs or cats that were unfit for purchase are
incorporated herein and shall apply in the county and are enforceable pursuant to this Ordinance.
- This section does not in any way limit the rights or remedies that are otherwise
available to a consumer under any other law.
- Every pet dealer who sells a dog or cat to
a consumer must provide the consumer at the time of sale with a written notice, printed or
typed, which reads as follows:
You have the right pursuant to Hillsborough County Ordinance 00-26, to receive a certificate
of veterinary inspection with each dog or cat purchased. Such certificate shall list all
vaccines and deworming medications administered to the animal and shall state that the animal
has been examined by a veterinarian who certifies that, to the best of the veterinarian's
knowledge, the animal was found to have been healthy at the time of the veterinary examination.
In the event that you find the animal to have been unfit for purchase as provided in Section
828.29, Florida Statutes, you must notify the pet dealer within 2 business days of the veterinarian's
determination that the animal was unfit. You have the right to retain, return, or exchange
the animal and receive reimbursement for certain related veterinary services rendered to
the animal, subject to the right of the pet dealer to have the animal examined by another
veterinarian.
- County operated animal control agencies and registered nonprofit humane organizations
are exempt from this section.
- A pet dealer may not knowingly misrepresent the breed, sex,
or health of any dog or cat offered for sale within the county.
SECTION 26. HEARING PROCEDURES
Hearing procedures for any administrative hearing required pursuant to this Ordinance
or Florida State Statute, including permit appeals, dangerous dog determinations, and confiscations
for euthanasia shall be established by resolution.
Return to Ordinance Index....
SECTION 27. IMPOUNDMENT BY THE DEPARTMENT
- The department has the authority to pick up, catch or procure and impound any
companion animal in the county in a manner reasonably necessary to effectuate its capture when
it appears abandoned or one or more of the following sections of this Ordinance appear to have
been violated: 3, 5, 7, 8, 9, 10, 13 16, 22, 30, or 31.
- Every animal, including feral cats,
which has been impounded shall be held for redemption for a period time and/or dispositioned
as established by resolution, ordinance, and/or the provisions of Chapters 767 and 828, Florida
Statutes (1999), as may be amended.
- The department has the authority to pick up, catch or
procure and impound any animal in the county, in a manner reasonably necessary to effectuate
its capture, which has bitten a human and/or is infected or believed to be infected with
rabies or other disease which may be contagious or infectious to humans or animals.
Return to Ordinance Index....
SECTION 28. REDEMPTION OF ANIMALS
- The owner of an animal registered and vaccinated pursuant to the requirements of this
Ordinance shall have the right to redeem their animal unless it has been impounded pursuant
to: (i) further investigation, (ii) quarantine, or (iii) the department seeking custody, an
order to provide care, or a dangerous dog determination, in which case the animal may be redeemed
only when the department, the public health unit, or a court of competent jurisdiction has
determined that all applicable state law, statutes, ordinances, and or administrative and/or
policies have been fulfilled.
- The department will attempt to contact the owner of an impounded
animal that is wearing any form of identification.
- An owner shall redeem his or her animal
after being notified by the department that the animal is ready for release within the time
lines established by resolution. If not redeemed within this time, the owner will have been
deemed to have waived his or her rights to the animal, and the department may, in its discretion,
make appropriate disposition of the animal as allowable by law.
- The department shall have
the sole discretion to determine whether unregistered animals may be redeemed by the person
claiming ownership in accordance with department policy and completion of the following requirements:
- Proof of ownership: Proof of ownership must be provided and may be established by
any or all of the following:
- the registration certificate;
- a bill of sale;
- photographs of the animal in question;
- microchip or tattoo information;
- affidavits from neighbors;
- veterinary records;
- other reliable documentary or anecdotal evidence considered
reliable by the department; along with a sworn or affirmed statement of ownership.
- TAGS: No dog or cat shall be
released from the department's custody unless and until the owner either produces or
purchases a current registration certificate or, in the event a medical exemption is applicable,
purchases an advance registration certificate from the department.
- FEES AND COSTS: The
owner of the impounded animal must pay all assessed impound/service fees and applicable
costs which may include but not be limited to, daily boarding costs, medical expenses,
investigative costs, sterilization deposit, boarding fees and any other related costs
as applicable in order to redeem an animal. The impound/service fees, boarding costs, and
sterilization deposit amounts, shall be established by BOCC Policy. fees and costs shall
be paid in full prior to release of the animal.
- VACCINATIONS AND MICROCHIPPING
- Unless exempted
by this ordinance, proof of rabies vaccinations must be provided to the department
prior to redemption or the owner must arrange for administration of the vaccinations
prior to or contemporaneously with the release of the animal.
- Any animal may be microchipped
by the department at the time of redemption at the discretion of the department unless
a veterinarian recommends against microchipping.
- The owner may have his or her veterinarian
implant the microchip and/or administer the rabies vaccination. In such cases, a
refundable deposit as established by resolution may be required prior to the animal
being redeemed.
- The department may allow redemption of an
animal to a designated authorized agent of the owner, upon proof of ownership and authorization
to release the animal to the agent.
- Animals, which have not been redeemed or for which an
owner has not been identified or located within the time period provided in this Ordinance,
shall become the property of the county. Thereafter, the department may, in its discretion,
place such animals for adoption, or transfer them pursuant to Hillsborough County Ordinance
Number 87-7, or make any other disposition pursuant to law.
- If an impounded animal is
suffering from or suspected to have an infectious or contagious disease, or is injured or
debilitated to such an extent that it is experiencing unjustifiable pain or suffering as determined
by a county veterinarian or his or her designee, the animal may be humanely euthanized prior
to the expiration of the time period for redemption set forth in this Ordinance.
Return to Ordinance Index....
SECTION 29. SURRENDER OF ANIMAL BY OWNER
- An animal may be signed over to the department by its owner or his or her designee by executing
an unconditional release and surrender statement.
- An animal that has been surrendered to the department except as noted in (C) below, immediately
becomes the property of the county, and the department may place the animal for adoption or
otherwise make disposition in accordance with the law.
- An animal that has bitten a human may be surrendered to the department for quarantine pursuant
to the applicable provisions of the Florida Administrative Code 64D-3, as may be amended.
Return to Ordinance Index....
SECTION 30. ADOPTION
- Any animal that has not been timely redeemed, has been released to the department,
or is otherwise the legal property of the county, may be placed for adoption.
- The adoption
fee shall be established by BOCC Policy.
- The department has the final authority to approve
the adoption of any animal. The department may refuse an adoption if it determines that the
adoption is not in the best interest of the animal, or detrimental to the health, safety
or welfare of the general public.
- In order to adopt an animal, the prospective owner shall
be required to participate in an educational program provided by the department and to satisfactorily
demonstrate knowledge of the subject matter. In addition, the new owner must complete the
department's application process, execute an adoption agreement with the department, and comply
with its provisions. Failure to do so will constitute a breach of the agreement subject to
penalty provided for by this Ordinance as well as forfeiture of the animal to the department.
- All dogs and cats adopted out by the department shall be sterilized prior to release
or their new owner must make a deposit pursuant to Section 823.15, Florida Statutes (1999),
as may be amended, guaranteeing timely sterilization, and the adoption agreement must provide
for these requirements. To be eligible for the return of the deposit, the following requirements
must be satisfied:
- Sterilization procedure must be performed by a veterinarian within
30 days of the date of adoption or transfer, or at the time of sexual maturity, unless
a medical exemption applies; and
Written evidence by the veterinarian performing the sterilization must be presented to
the department within 90 days of the procedure. Failure to comply with these requirements
within the time specified shall result in a forfeiture of the deposit and shall constitute
a breach of the adoption agreement.
- The adopted animal shall be microchipped by the department
prior to release unless a county veterinarian determines it is not in the best interest of
the animal.
- The new owner is responsible for payment of all fees and costs pertaining
to the animal and undertakes all liability and risk associated with the ownership of the
animal. The county bears no responsibility or liability for the actions of the anima
|
