HomeMy WebLinkAboutOrdinance No.10-1970A.AENOF
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ORDINANCE NO. 10 -70
AN ORDINANCE ADOPTING BREVARD COUNTY
ORDINANCE NO. 70 -15 PROVIDING FOR ANIMAL
CONTROL IN BREVARD COUNTY AND WITIIIN
TIM CONFINES OP THE CITY 01: CAPE CANAVERAL,
1'LORIDA; INSTRUCTING TIIE CITY MANAGER TO
NEGOTIATE AN AGREEMENT WITH BREVARD COUNTY;
REPEALING ALL OR PAR'I'S 01: ORDINANCES IN CON-
. FLIC'1'; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAVIED BY Till: CITY COUNCIL 01: THE CITY
01: CAPE CANAVERAL, FLORIDA, as foI IowS:
WHEREAS, the Brevard County Board of County Commissioners
approved Ordinance No. 70 -15 providing for animal control on
September 17, 1970, ..hick ordinance will serve as it foundation for
a uniform program throughout Brevard County, Florida, end
WHEREAS, the City of Cape Canaveral will benefit from it
uniform animal control lea, and
WHEREAS, the City of Cape Canaveral, Florida, desires
to participate in this cannty -wide animal control ordinance, and also
to enter into all agreement with Brevard County as provided in the
County Ordinance wherein Brevard County will provide animal control
service to the City of Cape Canaveral, Florida, :nd
WHEREAS, the City wishes to adopt Brevard County Ordin-
nice No. 70 -15, a copy of which is attached hereto and made a part
hereof.
NOW, 411E11EFORE, F.E IT ORDAINED B1' Tim CITY COUNCIL OF
Till' CITY 01: CAPE CANAVERAL, FLORIDA:
SECTION 1. Brevard County Ordinance No. 70 -15, adopted
by the Board of County Commissioners on September 17, 1970, rel-
ating to animal control in Brevard County, a copy of which is
attached hereto and made a part hereof, is hereby adopted as the
rules and regulations governing animal control within the City of
Cape Canaveral, Florida.
SECTION 2. The City Manager is instructed to negotiate
it satisfactory Agreement with Brevard County Commission to make
arrangements for the use of facilities as provided in Brevard
County Ordinance No. 70 -15, said Agreement to be approved and
accepted by the City Council of the City of Cape Canaveral, Florida.
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* SECTION 3. Section 4 -1 (1) of Brevard County Ordinance
No. 70 -15 is hereby amended to read "hoard shall mean Board of
County Commissioners of Brevard County, Florida and City Council
of the City of Cape Canaveral, Florida where applicable."
* SECTION 4. Pursuant to Section 4 -14 of Brevard County
Ordinance No. 70 -15, the City Council of the City of Cape Canaveral,
I'lorida does hereby designate all Public Parks and Public Beaches
as an area in which such animals are prohibited.
SECTION 5. All Ordinances or parts of Ordinances in
conflict are hereby repealed.
SECTION G. This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of Cape Canaveral, 171orida,
this 20th day of October, 1970.
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First reading: October G, 1970
Posted: October 7, 1970
Second reading: r,ctober 20, 1970
* Amended on second reading.
PAGE Z. OFZ,
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PHILLIP N. STREIT, AORINISTOATOR +
September 17, 1970
Gentlemen% A
The Brevard County Board of County Commissioners
approved in regular session September 17, 1970, an ordinance 7.
providing for animal control in Brevard County. Adoption of
this ordinance will serve as a foundation for a uniform pro-
gram throughout the county. -
A copy of the approved ordinance is attached for
your review and acceptance. Please note Section 4 -89, OPERA-
TIVE IN UNINCORPORATED AREAS; AGREEMENTS WITH MUNICIPALITIES.
We will continue to provide normal service while your city is
taking action regarding the ordinance.
Following your acceptance, the county attorney's -
office will draft the agreements so we can continue our cooper- I
ative program as in the past.
We would appreciate it if you would advise, as
soon as possible, your ,position regarding this ordinance.
��You a truly,
wc -C/ .ICJ %UCLf/� i
Philip N. Streit,
Administrator.
PNS:pd
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ORDINANCE NO. 70- 15
AN ORDINANCE PROVIDING FOR ANIMAL CONTROL IN t
UNINCDRPORATED AREAS OF BREVAFD COUNTY; PROVIDING {
FOR ESTABLISHMNNT AND STAFFING OF COUNTY ANIMAL
CONTROL POUND; PROVIDING THAT ANIMALS AT LARGE, i
DOGS CREATING NUISANCE, ANIMAL DEFECATING OR
URINATING ON PROPERTY NOT BELONGING TO OWNER AND
ANIMALS IN OR ON PUBLIC PARK OR BEACH WHERE PRO-
HIBITED BY RESOLUTION ADOPTED BY COUNTY COMMIS -
SIGNERS SHALL BE IN VIOLATION OF ORDINANCE; PRO-
VIDING THAT OWNERS OF ANIMALS IN VIOLATION OF -
ORDINANCE ARE GUILTY OF MISDEMEANOR; PROVIDING !,
THAT PERSONS WHO FAIL TO LICENSE DOGS OR CATS, {
WHO POISON ANIMALS, WHO ARE CRUEL TO ANIMALS,
WHO INTERFERE WITH IMPOUNDING OFFICER, WHO RE-
LEASE IMPOUNDED ANIMALS, WHO INJURE COUNTY POUND' 1
OR WHO CONCEAL CERTAIN ANIMALS SHALL BE IN VIOLATION.
OF ORDINANCE; PROVIDING METHODS AND PROCEDURES•FOR
ENFORCEMENT OF VIOLATIONS OF ORDINANCE; PROVIDING' !
FOR ENTRY UPON PRIVATE PROPERTY FOR ENFORCEMENT OF
ORDINANCE; PROVIDING FOR IMPOUNDMENT OF ANIMALS AND '
THEIR CARE; PROVIDING FOR REDEMPTION OR DISPOSITION j
OF IMPOUNDED ANIMALS; ESTABLISHING APPREIIENSIO14 AND
MAINTENANCE FEES; DEFINING VICIOUS ANIMAL; REQUIRING
THE CONFINEMENT WITHIN BUILDING OR SECURE. ENCLOSURE
OR IMPOUNDMENT OF CERTAIN ANIM1%LS; PROHIBITING RE-
DEMPTION OF SAID IMPOUNDED ANIMALS; ADOPTING RULES
AND REGULATIONS'FOR ANIMALS KNOWN OR SUSPECTED TO
BE INFECTED WITH RABIES; PROVIDING FOR THE COMPULSORY
QUARANTINE OF SUCH ANIMALS AND THE FEES AND REGULA-
TIONS FOR SUCH QUARANTINE; PROVIDING FOR THE DIS-
POSITION AND PATHOLOGICAL EXAMINATION OF ANIMALS
FOUND TO BE RABID; PROVIDING THAT FAILURE TO SURRENDER
ANIMAL FOR QUARANTINE OR DESTRUCTION AND DESTRUCTION
OR REMOVAL FROM COUNTY OF ANIMALS IN QUARANTINE SHALL
BE MISDEMEANORS; PROVIDING RULES, REGULATIONS AND
FEES FOR MANDATORY INNOCULATION OF DOGS AND CATS
AGAINST RABIES; PROVIDING RULES AND REGULATIONS FOR
MANDATORY LICENSING OF DOGS AND CATS; PROVIDING FOR
RULES AND REGULATIONS REGARDING LICENSE CERTIFICATES
AND LICENSE TAGS; DEFINING KENNELS; PROVIDING FOR
LICENSING OF KENNELS; ESTABLISHING ANNUAL FEES AND
�- PENALTIES FOR KENNEL LICENSE; ESTABLISHING HEALTH
STANDARDS FOR OPERATION OF KENNELS; PROVIDING FOR
PROPER FEEDING AND CARE OF ANIMALS AT LICENSED
KENNELSI ESTABLISHING PROCEDURES FOR NOTIFICATION OF
LICENSED KENNELS OF VIOLATIONS OF SAID RULES, REGULA-
TIONS AND HEALTH STANDARDS; PROVIDING FOR INSPECTION
OF KENNELS; PROVIDING FOR CLOSING OF KENNELS FOR
VIOLATION OF PROVISIONS OF THIS ORDINANCE; DECLARING
VIOLATIONS OF ORDINANCE TO BE MISDEMEANORS; PROVIDING
FOR MUTUAL AGREEMENTS BETWEEN COUNTY AND MUNICIPALITIES
OF EXCLUSIVE OPERATION OF ORDINANCE PROVISIONS WITHIN
THEIR CORPORATE LIMITS; REPEALING SPECIAL. LAWS OF THE
STATE OF FLORIDA, CHAPTER 61 -1901 AND CHAPTER 65 -1282;
REPEALING RESOLUTION ADOPTED JULY 11, 1968, REGULATING
IMPOUNDMENT AND DISPOSITION OF ANIMALS DISEASED OR RUNNING
AT LARGE; PROVIDING FOR AN EI'YRCTIVE DATE.
WHEREAS, the present legislation and rules and regulations
do not provide fair, enforceable and effective animal control
legislation, and
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WHEREAS, the Board of County Commissioners recognize that
Brevard County is a densely populated area and that the public
health and safety of the residents of the County will be served
by enacting animal control legislation, and
WHEREAS, effective animal control includes the licensing
of certain animals, .impoundment of strays, operation of an animal
pound, disposition of impounded animals, confinement of certain
animals,prohibiting certain acts contrary to public health and
general welfare, administration of rabies vaccination programs, in-
spection of kennels and protection of animals against cruelty, and
WHEREAS, the Board of County Commissioners has the power
of home rule,
THEREFORE, BE IT ORDAINED AND ENACTED, by the Board of
County Commissioners of Brevard County, Florida.
Section 1. Special Laws of the State of Florida, Chapter
61 -1901 and Chapter 65 -1282, codified as Chapter 4 of the Code of
Brevard County, Florida, are hereby repealed in their entirety.
Section 2. The Rules and Regulations adopted on the
11th day of July, 1968, pursuant to authority of aforesaid Special
Laws are hereby repealed.
Section 3. A new Ordinance of the Code of Brevard County,
Florida, to be designated Chapter 4 of the Code of Brevard County,
Florida, is hereby adopted to read as follows:
CHAPTER 4
ANIMAL CONTROL ACT OF BREVARD COUNTY
Sec. 4 -1. DEFINITIONS.
As used in this Ordinance:
(a) PERSON shall mean natural person or persons, firm,
association or corporation. ,
(b) OWNER shall mean any person, as herein defined, who .
owns, keeps,harbors or controls an animal.
(c) ANIMAL shall mean any living dumb creature capable
of self locomition.
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(d) VICIOUS ANIMAL shall mean any animal of fierce or
dangerous propensities which is likely to cause injury
to person or persons or damage to property or any
animal which exhibits traits which are ungovernable
or any animal which displays a habit of unprompted
biting or.has a history of biting persons three (3)
times within a period of eighteen (18) months.
(e) AT LARGE shall mean when an animal is off of the
premises of the owner and not under the actual control,
custody, charge or possession of the owner or other
responsible person either by leash, cord, chain or
otherwise.
(f) IMPOUNDING OFFICER shall mean the person or persons
appointed by, contracted with, or employed by t)ie'Board'.
of County Commissioners pursuant to sec. 4 -3 as Animal
Control officer and such agents or employees designated
by such Officer to carry out the duties of such Officer
under this Ordinance.
(g) COUNTY HEALTH OFFICER shall mean the person appointed, ,
pursuant to Chap. 154, Florida Statutes, as director of
the Brevard County Health Department and.his designated
agents.
(h) KENNEL shall mean any place of business where dogs or
cats, regardless of number, are kept for sale, breeding,
boarding or treatment purposes, except a dog hospital, dog
beauty parlor, or pet shop, all as allowed by the zoning
regulations of Brevard County, or any premises used for
residential purposes where five (5) or more dogs or cats
six (6) months* or older, are kept, harbored or main-
twined.
(i) BOARD shall mean the Board of County Commissioners of
Brevard County, Florida.
Sec. 4 -2. ESTABLISHMENT OF COUNTY POUND. The Board is empowered
and authorized to create, institute, construct, operate and maintain
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a County Pound or Pounds at locations selected by the Board in
order to provide adequate animal control facilities for the
entire county.
Sec. 4 -3. ANIMAL CONTROL OFFICER.
(a) The Board is empowered and authorized to appoint,,
contract with or employ a person or persons• to have full
and complete authority to discharge the duties of this
office and enforce the regulations herein. Such officer
shall be known as the Animal Control Officer of Brevard
County. The Board shall have supervision and control of
the performance of duties of the Animal Control Officer.
(b) The Animal Control Officer shall give bond in the
sum of One Thousand Dollars ($1,000.00) to faithfully dis-
charge the duties of this office.
Sec. 4 -4 through 4 -10. RESERVED FOR FUTURE EXPANSION.
Sec. 4 -11. RUNNING AT LARGE PROHIBITED. No animal, whether
licensed or unlicensed, shall be at large. Any animal found at
large shall be deemed to be committing an act in violation of
this Ordinance. Any person who owns, keeps or harbors any
animal found at large shall be guilty of a misdemeanor and pun-
ished as provided for in Sec. 4 -87 of this Ordinance.
Sec. 4 -12. ANIMALS CREATING NUISANCE PROHIBITED. Any animal
which habitually barks, whines, howls, or causes other object-
ionable noise, which is at large, chases or'runs after persons
or vehicles, which destroys or damages any property of another
person, which causes serious annoyance to a neighboring resident
and interferes with the reasonable use and enjoyment of his
property, or which is otherwise offensive so as to create a
nuisance shall be deemed to be committing an act, in violation of
this Ordinance. Any person who owns, keeps or harbors any
animal which is deemed in violation of this section shall be guilty ;
of a misdemeanor and punished as provided for in Sec. 4 -87 of
this ordinance.
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Sec. 4 -13. ANIMALS CREATING NUISANCE PROHIDITL•'D. Any animal
which defecates or urinates upon the sidewalk Of any public
street, or upon the floor of any common hall in any apartment
house, tenement house, hotel or other multiple dwelling, or
upon entranceway, stairway or wall immediately abutting on a
publip sidewalk,'or upon the floor of any theater, shop, store,'
office building, or other building used in common by the public,
or upon any property or premises owned by any person except the
property or premises of owner of such animal shall be deemed to
be committing an act which constitutes a violation of this
Ordinance. Any person who owns, keeps, or harbors or has charge,
animal which is deemed in viola-
care, custody or control of any
tion of this section shall be guilty of a misdemeanor and pun -
ished as provided for in Sec. 4 -87 of this Ordinance.
4 -14. ANIMAL PROHIBITED IN PARRS AND ON BEACHES. No animal
Sec.
beach in the County
shall enter into or on any public park or
where such animals are specifically prohibited; provided, how-
ever, this provision shall not apply unless the prohibition is
posted at the public park or beach so restricted. The Boar
shall be authorized to designate, by resolution, any Public
such animals shall be prohibited. No pro-
park or beach where ist or aid
vision shall be made prohibiting dogs trained to ass
disabled or handicapped persons, when such dogs are actually
being used to assist or aid such persons,from any public park
or beach. Any animal found in an area restricted for such animal
shall be deemed to be committing an act in violation of this
Ordinance. Any person owning Or having charge, care, custody, or
control of any animal deemed in violation of this Ordinance shall.
be guilty of a misdemeanor and punished as provided for in Sec.
4 -87 of this Ordinance.
Sec. 4 -15. UNLICENSED DOGS AND CATS PROHIBITED. Any person
who shall own, keep or harbor any dog or cat within Brevard County
that is not licensed as provided in this Ordinance shall be
guilty of a misdemeanor and punished as provided for in Sec. 4 -87
of this Ordinance. The lack of a license tag on the collar
or harness of a dog or cat or the lack of approved license
marking shall be deemed prima facie evidence that the animal
has not been licensed or vaccinated and of evidence of the
violation of-this Ordinance.
Sec. 4 -16. POISONING DOGS OR CATS PROHIBITED. Any person who
shall poison, or aid, abet or assist in the poisoning, or putting
out or placing of poison at any point or place outside of build-
ings where dogs or cats may secure•the same shall be guilty of
a misdemeanor and punished as provided for in Sec. 4 -66 of
this Ordinance.
Sec. 4 -17. CRUELTY TO ANIMALS PROHIBITED. Any person who shall
deprive of food or water, cruelly beat or whip, torture, tor:.a_
ment, mutilate, kill, or otherwise cruelly ill use any animal
or cause or procure the same to be done by others, or any person
who has charge or custody of any animal, whether as owner or
otherwise, who shall overdrive, overload, overwork, or in-
sufficiently feed such animal,'or cause or procure the same to
be done by others, shall be guilty of a misdemeanor and punished
as provided for in Sec. 4 -86 of this Ordinance. t
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'Sec. 4 -18. INTERFERING WITH IMPOUNDING OFFICER; DAMAGING
COUNTY POUND; RELEASING ANIMALS PROHIBITED. Any person who shall
in any manner interfere with, hinder, resist, obstruct, or molest
the Impounding Officer in the performance of his duty, or with-
out authority of a Court having jurisdiction to try violations
of this Ordinance or without authority under this Ordinance seek
to release or remove any animal from the custody of the Impound-
ing Officer, or tear.down, burn, deface, destroy, or otherwise
injure any County Pound or enclosure thereof shall be guilty of
a misdemeanor and punished as provided for in Sec. 4 -86 of this
Ordinance.
Sec. 4 -19. CONCEALMENT OF ANIMALS PROHIBITED. Any person who
shall hold, hide, or conceal any animal to which he does not have
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legal title shall b e guilty uilt of a misdemeanor and punished as
provided for in sec. 4 -07 of this Ordinance; provided, however,
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that no person shall be in violation of this section if he shall r
have reported his possession of such animal to the County Im-
pounding officer within forty-eight (45) hours after acquiring
possession of such animal.
Sec. 4 -20 throw h 4 -30. RESERVED FOR FUTURE EXPANSION.
Sec. 4 -31. COMPLAINTS FOR VIOLATION. Upon receipt of an
"Affidavit of Complaint ", signed by two (2) or more residents
of Brevard County, each complaintant residing in separate
dwellings in the vicintiy in which the violation in issue
occurred, made under oath before an individual authorized by
law to take acknowledgements, setting -forth the nature of and
the date of the act, the owner of the animal, the address of
the owner and a description of the animal doing such act, the
Impounding Officer shall investigate the complaint to determine
whether the act complained of violates this ordinance. In the
event the act complained of constitutes a violation of this
Ordinance, the Impounding Officer shall enforce this ordinance
pursuant to the provisions of Sec. 4 -32.
Sec. 4 -32. ENFORCEMENT FOR VIOLATION.
(a) The Impounding officer shall impound:
(1) Any animal found to be cruelly treated as de -
fined in Sec. 4 -17, or any animal suspected or believed
to be infected with rabies or any infectious disease.
Each animal so apprehended which is suspected to have
or exhibits symptoms of having rabies or an infectious
or contagious disease shall be segregated from other
animals so as to prevent said animal from coming in
contact with any animal.
(2) Any dog or cat not licensed as provided for
in this Ordinance.
(b) The Impounding officer shall, in the event an animal
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is deemed in violation of this Ordinance or is owned,
kept, harbored, or maintained in violation of this
Ordinance:
(1) Issue a "Notice of Violation" to the owner of
such animal; such "Notice of Violation" shall state the
date and time of the issuance of the Notice, the name and
address cif the person(s) in violation, the date(s) of the
offense(s), the offense(s) committed, a description of the
animal(s) involved and a demand that the offense(s) be
abated within seventy -two (72) hours after the issuance
of the Notice. If the person(s) shall fail to abate the
offense(s), the Impounding Officer shall file a complainti,
against the person(s) in violation of this Ordinance with
the County Solicitor of Rrevard County, Florida, or
(2) Impound such animal.
Sec. 4 -33. RIGHT TO ENTER UPON PRIVA'T'E PROPERTY. For purposes of
discharging the duties imposed by this Ordinance, including investiga-
tion of possible violations and for enforcing its provisions, the
Impounding Officer or the County Health Officer, is empowered to
enter without authority of any court of competent jurisdiction upon
any private property, not including any dwelling house or structure
or fenced enclosure, and, but not by way of limitation, to demand'
that the animal or, if applicable, the license tag of such an
be exhibited to said officer, provided the Impounding Officer shall
be empowered to enter into any such fenced enclosure to impound
any animal known or suspected of biting or scratching any person
.or any animal infected with or showing suspicious symptoms of rabies.
Sec. 4 -34 and 4 -35. RESERVED FOR FUTURE EXPANSION.
Sec. 4 -36. REDEMPTION OF IMPOUNDED ANIMALS.
(a) If any animal is impounded and such animal is not redeemed
within seven (7) consecutive days after impoundment of
such animal, including the day of impoundment, the Impound-
ing Officer, without notice to the owner of such animal,
if any, may dispose of the animal as provided for in
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section 4 -37; provided, however, if the owner of the
animal is known to the Impounding Officer or can be
identified by the Impounding Officer by reason of some
marking or collar attachment on the animal, thevImpound.ing
Officer shall notify the owner of the fact that his animal
has been impounded and that he may redeem his animal with-
in seven (7) days of notification. The final day of the
seven (7) day period shall only occur on a day in which
the County Pound in which the animal is impounded is open
for normal operating activities. The Impounding Officer
• shall give notification by first class United States
mail within twenty -four (24) hours after impoundment. The
depositing of a letter of notification in the United States
mail shall constitute notification. This section shall not
apply to animals impounded pursuant to Section 4 -40 and -
Sec. 4 -47 of this Ordinance.
(b) The owner or owner's agent shall be entitled to resume
possession of any impounded animal upon compliance, if
applicable, of the licensing provisions in this Ordinance
and the payment of impoundment fees set forth herein.
Proof of ownership must be given prior to being entitled
to resume possession. Proof of ownership may include a
license receipt, affidavits'of neighbors, photographs, or
other reliable documentary evidence.
Sec. 4 -37. DISPOSITION OF IMPOUNDED ANIMALS. Any animal impounded
under the provisions of the Ordinance and not redeemed as provided
for in Sec. 4 -36 shall become the property. of Brevard County,
Florida. The Impounding Officer shall humanely destroy such animal,
transfer its title to the Humane Society, or place it in the custody
of some person, by gift or sale, deemed to be a responsible and
suitable owner, who will agree to comply with all the provisions
of this Ordinance.
Sec. 4 -38. IMPOUNDING FEES. Any person seeking to redeem or !"
reclaim any animal or ownership of any animal shall pay the
impoundment fees herein provided. The Impounding Officer shall
charge and collect an arrest, apprehension or detention fee of ��
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five dollars ($5.00) and a care, feeding and maintenance fee of
two dollars ($2.00) for each day or fraction thereof for any '
dog or cat apprehended or impounded. The Impounding Officer -
shall charge and collect an arrest, apprehension or detention
fee of twenty -five dollars ($25.00) and a care, feeding and
maintenance fee of two dollars ($2.00) for each day or fraction
thereof for all other animals apprehended or impounded.
sec. 4 -39. RESERVED FOR FUTURE EXPANSION.
Sec. 4 -40. VICIOUS ANIMALS. The owner of-any vicious animal which
is not confined in a building or secure enclosure or any person
who shall release, either wilfully or through a failure to
exercise due care or control, or take such animal out of such
building or secure enclosure in such a manner which is likely
to cause injury to another person or damage to the property of
another person shall be guilty of a misdemeanor and punished
as provided for in Sec. 4 -86 of this Ordinance. Any vicious
animal not confined.as herein provided shall be impounded and
shall be redeemed as provided for in Sec. 4 -38 of this Ordinance.
if such vicious animal is not redeemed within seven (7) consecutive
days or if such vicious animal is impounded a second time for not
being confined as herein provided, Erevard County shall be deemed
to be the owner of and have legal -title to such animal and the
Impounding Officer shall have title to such animal transferred
to any public or private zoo or to any public law enforcement
agency within the State of Florida, or shall destroy such animal.
Sec. 4 -41. FEI4ALE DOGS AND CATS IN SEASON. The Owner of any `
female dog or cat in heat which is not kept confined in a building
,
or secure enclosure, veterinary hospital, or boarding kennel in
such a manner that such female dog or cat cannot come in contact
with another dog or cat, except for intentional breeding purposes, t
shall be guilty of a misdemeanor and punished as provided for
in Sec. 4 -87 of this Ordinance. Any female dog or cat not con-
fined as herein provided shall be impounded and shall not be re-
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deemed during said period of heat. Such female dog or cat shall
be redeemed in accordance with the provisions of Sec. 4- 36(b).
Sec. 4 -42 through 4 -44. RESERVED FOR FUTURE EXPANSION.
Sec. 4 -45. ANIMALS INFECTED WITH RABIES. It shall be the duty
of the owner of and 'any person knowing of any animal infected
with or showing auspicious symptoms of rabies or any unusual be-
havior to report the same within twelve (12) hours to the County
Health Officer.
Sec. 4 -46. REPORT OF PERSON OR ANIMAL BITTEN OR SCRATCHED BY
SUSPECTED INFECTED ANIMAL. It shall be the duty of any person
bitten or scratched or having knowledge of or treating any person
bitten or scratched by any animal to report the fact of such bite'
or scratch within twelve (12) hours to the County Health Officer.
It shall be the duty of any person knowing of or treating any
animal bitten by another animal having or suspected of having
rabies to report the facts thereof within twelve (12) hours to
the County Health Officer.
Sec. 4 -47. DUTIES OF COUNTY HEALTH OFFICER IN SUSPECTED RABIES
CASES. Whenever the County Health Officer shall be informed that
any animal has bitten or scratched any person or is suspected of -
having or showing suspicious symptoms of rabies or any other
infectious or contagious disease or any unusual behavior, it
shall be the duty of said County Health Officer to require that%
(a) The Impounding Officer shall capture such animal. In
the capture of such animal, the Impounding Officer shall
not kill such animal unless in its capture a clear and
present danger of harm or injury to the Impounding officer
or other persons exists. Such animal shall be placed in
quarantine for observation for a Fleriod of at least ten
(10) days from the date of bite or scratch. The County
Health Officer shall cause the detachment without mutiliation
and send to the State Board of Health Laboratories for
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pathological examination the head of any wild animal
or any animal tamed from a wild environment which has
bitten or scratched any person, if in the opinion of
the County Health Officer, such injury was the result
of an aggressive and overt act, if, in the opinion of
the County. Health Officer, such animal is suspected to
have or exhibits symptoms of having rabies, or if such
is the request of the person bitten or scratched, his
parent or legal guardian, or his physician and the
County Health Officer. All other wild animals or
animals tamed from wild environments which shall bite
or scratch any person shall be quarantined for observa-
tion for a period of twenty -one (21) days•from the date
of such bite or scratch. At the end of this period,
unless .herein provided to the contrary, the wild animal
shall be released to its owner or returned to its
wild habitat, whichever is applicable.
(b) The quarantine shall be maintained in the County Pound
or, at the owner's request, in a veterinary hospital of
his choice. Any animal under quarantine shall not be
released or moved from the place of the initial quarantine
confinement unless permission is obtained from the County
Health officer. The owner, if any, shall bear the cost
of the care, feeding and maintenance cost of a quarantined
animal. If quarantine is maintained at the County Pound,
the care, feeding and maintenance fee shall be two
dollars (52.00) for each day or fraction thereof.
(c) If rabies is diagnosed or suspected or if the animal in
quarantine dies within the quarantine period, it shall
be the duty of the County Health Officer to cause the
detachment without mutilation, the head of the animal and
forward it to one of the State Board of Health Laboratories
for pathological examination.
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3.1.3.30
(d) If the report of the pathological examination indicates
a positive diagnosis of rabies, the County Health
Officer shall invoke an area -wide quarantine for a
minimum period of sixty (60) days. During such
quarantine the owner of any animal shall confine his
animal to his property and shall not permit the animal,
under any circumstances, off his property or premises.
(e) The owner of any dog or cat vaccinated with an approved
anti - rabies vaccine within the past twelve (12) months,
except such dog or cat exempted from the vaccination
in Sec. 4 -65, after receiving approval of the County
Health Officer, may have such dog or cat quarantined
and confined in a place other than that specified in
Sec. 4- 47(b). If the animal is quarantined at aplace
other than the places specified in Sec. 4- 47(b), and at
any time during the quarantine it is determined by the
County Health Officer that the quarantine is not proper-
ly maintained in order to insure isolation of the animal,
the privilege of this exemption shall become inapplicable.
In the event this exemption shall become inapplicable,
the Impounding Officer, at the owner's expense, shall
impound the animal in the County Pound.
Sec. 4 -48. SURRENDER OF ANIMAL FOR OUAPW4TINE OR DESTRUCTION.
Any person who shall fail to surrender any animal for quarantine
or destruction as required herein, when demand is made therefore
by the County Health Officer or the Impounding Officer at the
direction of the County Health Officer, shall be guilty of a
misdemeanor and punished as provided for in Sec..4 -86 of this
Ordinance.
Sec. 4 -49. KILLING OR REMOVAL FROM DREVARD COUNTY OF RABID ANIMAL.
Any person, except as provided in sac. 4- 47(a), who shall kill,
or cause to be killed, or remove from Brevard County, Florida any
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rabid animal, any animal suspected of having or showing sus-
picious symptoms of rabies or any other infectious or contagious
disease or unusual behavior, or any animal biting a human, .
without consent of the County Health Officer, shall be guilty
of amisdemeanor and punished as provided for in Sec. 4 -86 of
this Ordinance. .
Sec. 4 -50. SURRENDER OF CARCASS OF RABID ANIMAL. Any person
who, upon demand, shall not surrender to the County Health
Officer the carcass of any dead animal exposed to or suspected
of having been exposed to rabies shall be guilty of a misdemeanor
and punished as provided for in Sec. 4 -86 of this Ordinance. -
Sec. 4 -51 and 4 -52. RESERVED FOR FUTURE E%R;VSION.
Sec. 4 -53. LICENSE_ CERTIFICATE REQUIRED. Every person who owns,
i
keeps, or harbors within Brevard County any dog or cat over thel-) "_r �
age of four (4) months shall obtain a Drevard County Animal '•�'�
(. l
License for such dog or cat, except that no License shall be
issued unless such dog or cat shall have been innoculated against
rabies as herein provided. Such License shall be valid for one
(1) year after the date of vaccination. The License Certificate
shall have printed thereon a number which corresponds to a
license identification number required in Sec. 4 -54 and the date
of vaccination and type of vaccine administered, the person who
administered the vaccine, the name, address and telephone number
of the owner, the breed, age, sex, color and markings of the
animal and other pertinent facts for proper identification of
the animal.
Sec. 4 -54. LICENSE TAG. Each dog or cat licensed as provided for
in Sec. 4 -53 shall be issued a metallic license tag or shall be marked.
or tagged by a method approved by the Animal Control Officer. Such
tag or mark shall have a license identification number which corres-
ponds to the number on the License Certificate. The color of the
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metallic license tag shall be changed each calendar year. No
other license identification tags or marks shall be valid under
the provisions of this Ordinance. No license identification
tags or marks issued for one animal shall be valid for another
animal.
Sec. 4 -55. ISSUANCE OF LICENSE CERTIFICATE A14D TAG., The
Brevard County License Certificate and license tag or mark
shall be issued by;
(a) The Impounding Officer, or
(b) Any veternarian who is herein authorized to administer
anti - rabies innoculations and who agrees to collect the
fee for the License Certificate and license tag. Such
Certificates shall be executed in triplicate. A.copy,
of the License Certificate shall be given to the owner
of the animal, to the Impounding Officer and to the
.person administering the innoculation. The copy re-
tained by the veternarian shall be deemed to be the
Certificate of Vaccination required in Sec. 4- 64(b).
Sec. 4 -56. LICENSE TAG TO BE ATTACHED TO COLLAR OR HARNESS OF
ANIMAL. The metallic license tag shall be attached to the collar
or harness of the dog or cat and shall be worn at all times.
Sec. 4 -57. COST OF LICENSE. The cost of each Brevard County
Animal License shall be Two Dollars ($2.00).
Sec. 4 -58. ISSUANCE OF DUPLICATE TAG. In the event of loss or
destruction of the metallic license tag issued pursuant to Sec.
4 -54, the owner shall obtain duplicate tag. The duplicate tag
shall be issued at a cost of One Half Dollar ($.50).
Sec. 4 -60. EXCEPTIONS TO LICENSING REQUIREMENTS.
�(a) The licensing requirements of this section shall not
apply to dogs trained to assist or aid disabled or
handicapped persons; provided, however, such dogs arc
actually being used for the purpose of assisting or
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cm
aiding such persons.
(b) The licensing requirements of this section shall not
apply to animals whose owners arc not residents of
Drevard County. For purposes of this Ordinance, any
person who shall live in Brevard County for more than
twenty -eight (28) consecutive days shall be deemed to
be a resident- of Brevard County.
(c) The licensing requirements of this section shall not
apply to the owners and operators of a kennel which is
licensed as provided for in this Ordinance.
Sec. 4 -61 and 4 -62. RESERVED FOR FUTURE EXPA,4SION.
Sec. 4 -63. VACCINATION OF DOGS AND CATS. Each year every per-
son who shall own, keep or harbor any dog or cat over the age
of four (4) months within Brevard County shall have such dog or
cat vaccinated against rabies with a vaccine approved of by the
County Health Officer. The County Health Officer shall only
designate anti- rabies vaccines produced or manufactured by
authorities licensed by the United States Department of Agriculture.
Sec. 4 -64. ADMINISTRATION OF RABIES VACCINATION.
(a) All veterinarians actively engaged in the practice of
veteninary medicine in Brevard County, who are duly
registered and licensed as such by the State of Florida,
are hereby authorized to vaccinate dogs and cats against
rabies.
(b) Any authorized veterinarian who shall administer any
anti - rabies inoculation shall execute, in duplicate,
a Certificate of Vaccination; provided, however, that
any veterinarian who issues the Brevard County Animal
License and license tag shall not be required to execute
and issue a Certificate of Vaccination. The Certificate
of Vaccination shall state the date of vaccination and
type of vaccine administered, the person who administered
the vaccine, the name, address and telephone number of
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F:'ICROFI L10 ED
r 3.13.80
the os+rer, the breed, age, sex, Color and markings of
the ar:i:cal and other pertinent facts for proper identi-
fication of the animal. One cOPy of the Certificate
shall be given to the owner and one retained by the per-
son administering the innoculation.
Sec. 4 -65. EXCEPTIONS TO VACCINATION REQUIREMENTS. No dog or cat
shall require vaccination if:
(a) A licensed veterinarian has examined the animal and cer-
tified that at such time vaccination would endanger its
health because of its age, infirmity, debility, illness
or other medical consideration; and
(b) A certificate evidencing such exception be presented to
the Impounding officer within five (5) days of such
examination.
Such exempt animal shall be vaccinated against rabies as soon as its
health permits, and then shall be licensed as required in sec. 4 -53.
Sec. 4 -66. COST OF•VACCINATION. T:.a cost of the rabies vaccination
.shall be borne by the owner of the animal.
Sec. 4 -67 through 4 -69. RESERVED FOR FUTURE EXPANSION.
Sec. 4 -70. ANNUAL KENNEL LICENSE. REQUIRED.
(a) Every person who owns or operates a kennel shall pay an
annual license fee of Fifteen Dollars ($15.00); provided, .
however, that any person owning or operating such kennel
may elect to license individual dogs or cats as provided
in Sec. 4 -53. violation of this section shall be a mis-
demeanor and punishable as provided for in Sec. 4 -87
of this Ordinance.
(b) All kennel licenses shall be issued for one (1) year be-
ginning with the 1st day of April. Applications for
licenses shall be made to the Animal Control Officer and
may be made prior to and for thirty (30) days after the -
start of the licensing year without penalty, but when
application is made after thirty (30) days of the
licensing year have elapsed, the applicant shall be
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FvI ICRUII.r'ED
3.13 -SO
assessed a penalty of fifty percent (50t) of the
licensa fee which acrount shall be added to and collected
with the regular license fee; provided, however, no
penalty shall be assessed against the owners and opera-
tors of kennels which were not subject to licensing
until after the start of the licensing year, if the
license is secured within thirty (30) days after beginn-
ing any operations as a kennel.
(c) The owners and operators of any kennel shall properly
feed and care for all animals in their care. The
premises of said kennel shall be periodically inspected
during reasonable business hours of said establishment
by the County Health Officer. The County Health Officer
shall issue a Notice of Violation if any kennel is not
kept in a clean and sanitary condition. Said premises
shall be re- inspected within three (3) days after the
issuance of said Notice of Violation. Failure to correct .
the unclean and unsanitary condition shall be deemed a
violation and punishable as provided for in Sec. 4 -87 of
this Ordinance. The County Health Officer shall close
the kennel and revoke its license or file a complaint
with the County Solicitor of Drovard County, Florida. ,
Sec. 4 -71 through 4 -73. RESERVED FOR FUTURE E;{PA.:;SION.
Sec. 4 -74. DISPOSITION OF DEAD ANIMMLS.
(a) Any dead animal weighing more than one hundred (100)
pounds, or any animal killed or found dead on public
property, or any other dead animal, upon request of
the owner, shall be disposed of by the Impounding Officer.
(b) Any person may, on his own real property, bury or dis-
pose of any dead animal weighing one hundred (100) pounds
or less; provided such person complies with the rules and
regulations for the disposition of dead animals establish-
ed by the Drevard County Health Department.
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i
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)
r;.
hMCROFII.P'*
3.13.go
(c) Ti:e Impounding Officer shall charge and collect
from the ot:;:cr, if any, for the disposition of dead
animals, a fee of 71wenty -Five Dollars ($25.00);
provided, however, that the fee shall be Fifty Dollars
($50.00) if said Officer is-not notified of the death
of an animal within forty -eight (48) hours of its
death.
Sec. 4 -75 through 4 -83. RESERVED FOR FUTURE EXPANSION.
Sec. 4 -84. ANIMNL CONTROI. RECORDS EROUIRED.
(a) It shall be the duty of the Impounding Officer to keep,
or cause to be kept, accurate and detailed records of
the licensing, impoundment, and disposition of,all
animals coming into his custody.
(b) It shall be the duty of the Impounding Officer to keep, ,
or cause to be kept, accurate and detailed records of
all monies belonging to Brevard County. Such records
shall be open to inspection at rc.:Lon.,b2c times by such
persons responsible for similar records of Brevard
County, and shall be audited by Brevard County annually
in the same manner as other County records are audited.
(c) It shall be the duty of the County .Health Officer to
keep, or cause to be kept, accurate and detailed re-
cords of all bite cases .reported to him, and his in-
vestigation of same.
Sec. 4 -85. EXEMPTIONS FROM ORDINANCE. Hospitals, clinics and
other premises, except kennels, Operated by licensed veterinarians
for the care and treatment of animals are exempt from the pro-
visions of this Ordinance, except where expressly stated; pro-
vided, however, that this section shall not be deemed to preclude
a kennel, as heroin defined, from existing at the location of
exempt facilities.
Sec. 4 -86. P;'•NALTIES FOR VIOLATION Or ORDINANCE.' Any person
violating or deemed in violation of any of the provisions of
_lg_
f , n- icRCr- n.rs�r�
� -13.00
„_.:... �...:c, not 'i r, viola�ior, oL or pm:is}-.cd a.: provided for
.. _.c. ;_g7, sY.all be guilty of a misdc:ac a:.or and pur,ishcd by a
f o_ not 7.,ore than One Iiucdred Dollar:: ($100.00) or by imprison -
....x.t in the County Jail for not more than thirty (30) days, or by
bot:: fine and imprisonment. Each day or fraction thereof the viola-
tion ccntinucsshall• be considered as a separate offense.
Sec. 4 -87. AL'1'E i.?7A ^IVE PEN.' :S FOR VIOLATIO% OF ORDINANCE. Any
Person violating or deemed in violation of any of the provisions
of this Ordinance that specifically refer to this section shall
be guilty of a misdemeanor and punished by a fine of not more than
One Hundred Dollars ($100.00). Each day or fraction thereof the
violation continues shall be considered as a separate offense.
Sec. 4-88. COPY OF REGULATIMS TO ALL OWNERS, Upon receipt of
a Brevard County Animal License and metallic license tag, the
owner shall be given without u`.arge a summarized codification of
the rules and regulations set forth herein.
Sec, 4 -89. OPERATIVE IN UNIItCORPORATED AREAS; AGREE}:ENTS WITH
I,:L'SICIPALITIES. This Ordinance shall apply to and be enforced
in all areas of Brevard County, Florida, not within the boundaries
of any municipality in the County; provided, however, that the
Board may enter into an agreement with any or all of the several
municipalities in the County to provide for the employment of
any personnel and for the use of any facilities provided for in
this Ordinance; provided that no agreement made by the Board
shall be operative and effective unless the municipality which
is or is to be party to the agreement has duly adopted and
enacted the provisions of this Ordinance. Any municipality may
adopt and enforce additional regulations governing animal control
within the boundaries of such municipality; provided, that any
such municipal regulations shall not conflict with the provisions
of this ordinance, and that the personnel necessary for and costs
of enforcement of such additional municipal regulations shall be
borne by the municipality.
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MICROFIIi!ED
1 3.13.80
gn•-;,ait,7'cY. the provisions of this Ordinance shall
to be separate and indcPendcnt of all other provisions
if arty provisions of this ordinance are declared in-
or void for any reason, the invalidity thereof shall not
a.fect. the remaining provisions of this Ordinance.
Section 4, This Ordinance shall become effective
itacdiately upon passage as provided in Florida Statutes.
DOZE AND ADOPTED in Regular Session this l7thday of
sentember 1970. ,
ATTEST:: -
Curtis R. Barnes, Clerk
BOARD OF COU::TY CO:R4ISSIOSERS
OI'• BREVARD COUNTY, FLORIDA
By
Andrew J. tturst C m n
VAST OF FLORIDA
COUNTY OF CRTYARO
ThN N to 1-1, t��lf.IM 1.1, NO 11 a
' Iv �.y,�cl wpY OlSItIlLNSL�Bec
NO na- mY MAN
CURTIS R. BARNES
CNrL C.T<w, C,u1
' Br.?4}•T. \0.'M tiw.., ..�
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