HomeMy WebLinkAboutCode Master Project 1978: Chapter 701: Animals ControlledCodified Sept 91
ORDINANCE NO. 4-91
AN ORDINANCE AMENDING CHAPTER 701 , ANIMALS
CONTROLLED, OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, BY AMENDING THE APPEAL PROCESS;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral , Brevard County, Florida, as follows :
SECTION 1 . Chapter 701 , Animals Controlled, is hereby amend-
ed by repealing Section 701 . 05 in its entirety and replacing with
the following :
Sec . 701 . 05 Animals Prohibited in Parks and on Beaches .
No animal shall be allowed in any public park or on any
beach in the City of Cape Canaveral , unless a specific
park or beach area is designated as an area where
animals shall be permitted . Such designation shall be
by Resolution adopted by the City Council . Parks and
beach areas so designated shall be properly identified
and posted . Any animal found in a park or on a beach
not designated for such shall he deemed a violation of
this Chapter, and the owner thereof shall be punished
by issuance of a citation by the Animal Control
Officer, or a Law Enforcement Officer with jurisdiction
in the City of Cape Canaveral . Such citation shall
result in a fine of thirty-five dollars ( $35 . 00 ) .
Failure to pay the fine within ten ( 10 ) days of issu-
ance of the citation shall result in the citation being
transferred to the State Attorney 's Office and shall be
considered to be punished as provided for in Section
801 . 01 . Dogs trained to assist or aid disabled or
handicapped persons, when such dogs are actually being
used to assist or aid such persons, shall not be
prohibited from any park or beach .
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed .
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral ,
Florida, this 19th day of February , 1991 .
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
KEDZIERSKI YES
PORTER YES
RANDELS YES
SALAMONE YES
THURM NO
First Reading: February 5, 1991
Posted: February 7, 1991
Advertised: February 9, 1991
Second Reading: February 19, 1991
Hold Check Files
ORDINANCE NO. 19-74 18 June 1974 -
AN ORDINANCE AMENDING ORDINANCE NO. 10-70 AS
ENDED, KNOWN AS THE ANIMAL CONTROL ACT, BY
PROVIDING FOR ADDITIONAL METHODS OF COMPLAINTS
FOR VIOLATION AND ENFORCEMENT FOR VIOLATION
OF SAID ORDINANCE; BY PROVIDING MINIMUM AND
MAXIMUM PENALTIES FOR THE VIOLATION OF SAID
ORDINANCE; BY REPEALING ORDINANCE No. 14-71 AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN-CON-
FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA AS FOLLOWS:
SECTION 1. Ordinance No. 10-70 as amended, known as
The Animal Control Act, is hereby amended as follows:
(a) Section 4-31, Complaints for Violation, is deleted in
its entirety, and the following section is substituted therefor:
701.32 "Section 4-31 Complaints for Violation.
Upon receipt of an "Affidavit of Complaint," signed by
one or more persons, made under oath by an individual authorized
by law to take acknowledgments, 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 or any law enforcement officer of the City of Cape Canaveral,
Florida shalt investigate the complaint to determine whether the act
complained of violates this Ordinance. In the event the act complain-
ed of constitutes a violation of this Ordinance, the impounding officer
or the law enforcement officer shall enforce this Ordinance pursuant
to the provisions of Section 4-32." *"In the event sufficient facts
are not available to enable a complainant to prepare an affidavit
of complaint, then such afficavit of complaint shall be executed after
an investigation by law enforcement officer, if warranted."
4-321 Enforcement for Violation, is deleted in
its entirety,and the following section is substituted therefor:
701.33 "Section 4-32 Enforcement for Violation.
(a) The Impounding Officer shall impound:
(1) Any animal found to be cruelly treated as defined
701.18 in Section 4-17, or any animal suspected or
believed to be infected with rabies or any infectious
disease. Each animal so apprehended which is sus-
pected 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 is
deemed in violation of this Ordinance, or is owned, kept,
harbored or maintained in violation of this Ordinance:
*Amended on Second Reading 6-18-74
19-74 18 June 1974
(1) Advise the Cape Canaveral Police Department of
the name and address of the person or persons in
violation of the Ordinance, the date or dates of the
offense, the offense or offenses committed, a des-
cription of the animal or animals involved, where-
upon a proper warrant shall be issued by said Police
Department.
(2) Impound such animal, if in the opinion of the Im-
pounding Officer ot any law enforcement official of
the City of Cape Canaveral, Florida, it is in the
best interest of the public welfare that said animal
be impounded.
[checkmark] (c) Upon investigation of a complaint for violation provided
for in Section 701.3 of this Act by a law enforcement officer
of the City of Cape Canaveral, if there appears to be a
violation of this Ordinance, then a proper warrant shall be
issued by the Police Department based on the affidavit of
complaint provided for in Section 701.3. Nothing herein con-
tained shall prevent a law enforcement officer of the City of
Cape Canaveral from arresting any person or persons who
violate this Act in his presence, whether or not a complaint
for violation has been filed in accordance with Section 701.3.
701.87 (c) Section 4-86, Penalties for Violation of Ordinance, is
deleted in its entirety, and the following substituted therefor:
701.87 "Section 4-86 Penalties forViolation of Ordinance.
Any person violating or deemed in violation of any of the
provisions of this Ordinance, shall be guilty of a misdemean-
or and punished by a fine of not more
than $100.00, or by imprisonment for not more than 30 days,
or by both fine and imprisonment. Each day or fraction
thereof the violation continues shall be considered as a
separate offense. " new ch. •
(d) Section 4-87, Alternative Penalties for Violation of
Ordinance is deleted in its entirety.
SECTION 2. Ordinance No. 14-71 and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 18TH day of JUNE , 1974.
[signature]
Mayor Pro Tem
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attorney
FIRST READING: MAY 21, 1974
POSTED: MAY 22, 1974
ADVERTISED: MAY 27, 1974
SECOND READING: JUNE 18, 1974
NAME YES NO ABS
MACLAY YES
RHAME YES
GRAEFE YES
SALVAGGIO YES
THURM YES
19-74 18 June 74
ORDINANCE NO. 14-71
AN ORDINANCE AMENDING ORDINANCE NO. 10-70
TO ESTABLISH HOURS THAT ANIMALS SHALL BE
PERMITTED IN THE DESIGNATED AREA COVERED
BY THE ANIMAL CONTROL ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1 . Ordinance no . 10-70 shall be amended by
adding the following:
"Animals shall be permitted to enter into or on public
beaches as designated by Resolution by the City of Cape Canaveral,
Florida, from 7:00 P.M. to 7 : 00 A.M. each day of the week. "
SECTION 2 . This Ordinance shall become effective
immediately upon its adoption by the City Council of the City of
Cape Canaveral, Florida.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, this 7th day of September 1971.
[illegible signature]
ATTEST:
[signature]
City Clerk
APPROVED AS TO FORM:
[signature]
City Attorney
First Reading: August 17, 1971
Posted: August 19, 1971
Second Reading: September 7, 1971
ORDINANCE NO. 16-71 21. Sep 1971
AN ORDINANCE AMENDING ORDINANCE NO. 10-70
PROVIDING A DEFINITION FOR "AT LARGE", AND
PROVIDING FOR THE ADDITION OF PUBLIC BEACHES
TO SECTION 4-13 ; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. Ordinance no. 10-70 is hereby amended as
follows:
1. Section 4-1 (e) is hereby amended to read:
ok "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 or chain."
701.14 ok 2. Section 4-13 is hereby amended to read:
"Any animal which defecates or urinates upon
a public beach, 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 entrance-
way, stairway or wall immediately abutting on
a public sidewalk, or upon the floor of any
theatre, 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, etc."
SECTION 2 . This Ordinance shall become effective immediat-
ely upon its adoption.
SECTION 3 . ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA this 21st d y of September 1971 .
[signature]
Mayor
ATTEST:
[signature]
City Clerk
APPROVED AS TO FORM:
[signature]
City Attorney
First reading: September 7, 1971
Posted: September 8, 1971
Second reading: September 21, 1971
AMENDED BY ORD. 14-11
AMENDED BY ORD. Emerg. Ord. 18-74
AMENDED BY ORD. 19-74
ORDINANCE NO. 10-70 20 Oct 70
AN ORDINANCE ADOPTING BREVARD COUNTY
ORDINANCE NO . 70-15 PROVIDING FOR ANIMAL
CONTROL IN BREVARD COUNTY AND WITHIN
THE CONFINES OF THE CITY OF CAPE CANAVERAL,
FLORIDA; INSTRUCTING THE CITY MANAGER TO
NEGOTIATE AN AGREEMENT WITH BREVARD COUNTY;
REPEALING ALL OR PARTS OF ORDINANCES IN CON-
FLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, as follows:
WHEREAS, the Brevard County Board of County Commissioners
approved Ordinance No. 70-15 providing for animal control on
September 17, 1970, which Ordinance will serve as a foundation for
a uniform program throughout Brevard County, Florida, and
WHEREAS, the City of Cape Canaveral will benefit from a
uniform animal control law, and
WHEREAS, The City of Cape Canaveral , Florida, desires
to participate in this county-wide animal control ordinance, and also
to enter into an 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, and
WHEREAS, the City wishes to adopt Brevard County Ordin-
ance No . 70-15 , a copy of which is attached hereto and made a part
hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF 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
a 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.
PAGE 1 OF 2
put in * SECTION 3. Section 4-1 (i) of Brevard County Ordinance
No . 70-15 is hereby amended to read "Board 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 ,
Florida 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 6 . This Ordinance. shall become effective
immediately upon its adoption.
ADOPTED by the City Council of Cape Canaveral , Florida,
this 20th day of October, 1970.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
APPROVED AS TO FORM:
[signature]
City Attorney
First reading: October 6, 1970
Posted: October 7, 1970
Second reading: October 20, 1970
*Amended on second reading.
PAGE 2 OF 2
*AMENDED
RESOLUTION NO. 74-18
A RESOLUTION PROHIBITING ANIMALS FROM ENTERING
INTO OR ON ALL PUBLIC BEACHES *OR PARKS WITHIN THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 10-70, known as The Animal Control
Ordinance, provides, in Section 4-14 thereof, that no animal shall
enter into or on any public beach or park in the *CITY where such
animals are specifically prohibited by resolution ; and
WHEREAS, the City Council of the City of Cape Canaveral deems
it in the best interest of the City of Cape Canaveral that animals be pro-
hibited from entering into or on the public beaches *OR PARKS within the City of
Cape Canaveral;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. No animal shall enter into or on any public beach *OR PARKS
within the City of Cape Canaveral, Florida, pursuant to Section 4-14 of
Ordinance No. 10-70, The Animal Control Ordinance. It is specifically
intended by the City Council of the City of Cape Canaveral that this
Resolution prohibiting animals on the public beaches *OR PARKS is done in accord-
ance with the provisions of Ordinance No. 10-70, and this Resolution is
being adopted to enact the provisions of Section 4714 of Ordinance No.
10-70, as amended.
SECTION 2. This Resolution shall become effective immediately
upon its adoption by the City Council of the City of Cape Canaveral,
Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this , 16TH day of APRIL , 1974.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved by:
[signature]
City Attorney
NAME YES NO ABS
MACLAY YES
RHAME YES
RUTOWSKI [didn't vote]
SALVAGGIO YES
THURM YES
ORDINANCE NO. 7-78
AN ORDINANCE AMENDING CHAPTER 701 OF THE CODE OF
THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED
"ANIMAL CONTROL ACT", BY INCREASING THE IMPOUND
FEES FOR DOGS AND CATS IMPOUNDED; REPEALING ALL
ORDINANCES OR PORTIONS OF THE CITY CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Chapter 701 of the Code of the City of Cape Canaveral,
Florida, entitled "Animal Control Act" is hereby amended as follows:
Section 701. 39 entitled "Impounding Fees" is deleted in its entirety,
and the following new sub-section substituted therefor:
"Section 701.39 Impounding Fees
[checkmark] Any person seeking to redeem or reclaim any animal or owner-
ship of any animal shall pay the impoundment fees herein
provided. The Impounding Officer shall charge and collect an
arrest, apprehension or detention fee of ten dollars ($10. 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 ($25. 00)
and a care, feeding and maintenance fee of two dollars ($2.00)
for each day or fraction thereof for all other animals apprehends
or impounded."
SECTION 2. All ordinances or portions thereof, and all portions of
the City Code in conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 18 day of April , 1978.
[signature[
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
FIRST READING: 4-3-78
POSTED: 4-5-78
ADVERTISED: 4-10-78
SECOND READING: 4-18-78
NAME YES NO
BOYD YES
MURPHY YES
RIGERMAN YES
THURM YES
WELTON YES
Codified Dec 1981
Received 10-26-81
RECEIVED
SEP 10 1980
DIST. #3
COMMISSIONERS OFFICE
EMERGENCY ORDINANCE NO. 80-26
AN EMERGENCY AMENDING CHAPTER 4, CODE OF
BREVARD COUNTY, FLORIDA; SPECIFICALLY AMENDING
SECTION 4-1 (1) , CHAPTER 4, CODE OF BREVARD
COUNTY, FLORIDA, BY PROVIDING A NEW DEFINITION
OF VICIOUS ANIMAL; AMENDING SECTION 4-55, CHAPTER
4, CODE OF BREVARD COUNTY, FLORIDA, TO PROVIDE
NEW STANDARDS FOR THE IMPOUNDMENT OF VICIOUS
AN IMALS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA, as follows:
Section 1. Emergency. Pursuant to Section. 125.66
(3). Florida Statutes (1979), the Board of County Commissioners
of Brevard County, Florida, unanimously declares an emergency
exists, due to the high incident rate of animal bites inflicted
upon citizens of Brevard County, and that the immediate enactment
of this emergency ordinance is necessary to meet such emergency;
thereby waiving statutory notice requirements for the enactment
of such an ordinance.
Section 2. Amending Section 4-1 (1) , Chapter 4, of the
Brevard County Code, to read as follows:
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 has bitten a person
or persons without provocation.
Section 3. Amending Section 4-55, Chapter 4, of the
Brevard County Code, to read as follows:
Section 4-55. Vicious Animals:
(a) The owner of any vicious animal which is
not confined in a building or secure enclosure
or any person who shall release, either will-
fully or through failure to exercise due care
or control, or take such animal out of such
building or such secure enclosure and thereby
allow such animal to roam at large, shall be
guilty of a misdemeanor and pufised as pro-
vided for in Section 701.80 of this Ordinance.
Any vicious animal not confined as herein pro-
vided shall be impounded and shall be redeemed
as provided for in Section 701.10.
If such vicious animal is not redeemed within
five (5) consecutive days or if such vicious
animal has bitten, without provocation, a person
or persons subsequent to being declared vicious,
Brevard County shall be deemed to be the owner of
OFFICIALLY FILED WITH EFFECTIVE DATE: AUGUST 28, 1963
SECRETARY OF STATE
AUGUST 25, 1980
and have legal title to such animal and an Animal
Control 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.
(b) The owner will be notified by the Brevard County
Animal Control in writing by United States mail
or other appropriate means when an animal is declared
vicious under provisions of Section [illegible]. The
letter will state the dates of previous bites or
scratches, if known, the basis for the classification
of such animal as vicious, a description of the animal,
and the duty of the owner to control the animal.
(c) The provisions of Sections (a) and (b) above
do not apply to properly licensed and rabies
vaccinated guard dogs employed to protect business
establishments unless the owner fails to provide
adequate security to preclude escape of the dog(s)
from the business enclosure or fails to secure
the dog(s) in such a manner as to keep them from coming
in contact with the public during normal business hours.
Section 4. Public Record and Posting. A certified
copy of this emergency ordinance shall be filed with the Clerk of
the Circuit Court of Brevard County, Florida, and shall constitute
a public record, and a certified copy of said ordinance shall be
filed in the office of the Florida Department of State by the
Clerk of the Board of County Commissioners of Brevard County,
Florida, as soon after enactment of this ordinance as is practicable.
Section 5. Effective Date. This emergency ordinance
shall take effect pursuant to law.
DONE, ORDERED and ADOPTED, in Regular Session, this
21st day of August, 1980.
ATTEST:
[signature]
A. C. Winstead, Jr., Clerk
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
By: [signature]
John A. Hurdle, Chairman
[seal]
Codified Nov 1981
ORDINANCE NO. 21-81
AN ORDINANCE ADOPTING BREVARD COUNTY, FLORIDA,
ORDINANCE NO. 77-39 RELATING TO ANIMAL CONTROL,
WHICH ORDINANCE IS ADOPTED FOR THE REGULATION OF
ANIMAL CONTROL WITHIN THE CITY OF CAPE CANAVERAL,
FLORIDA; BY DESIGNATING ALL PUBLIC PARKS AND
BEACHES AS AREAS IN WHICH ANIMALS ARE PROHIBITED;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE:
WHEREAS, The City of Cape Canaveral, has adopted numerous
ordinances regarding animal control and,
WHEREAS, the City of Cape Canaveral wishes to insure
uniformity in its animal control ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Brevard County, Florida Ordinance No. 77-39
adopted by the Board of County Commissioners on October 20, 1977,
relating to animal control in Brevard County, a copy of which is
filed with the City Clerk and made a part hereof and all future
Amendments and Additions and Revisions thereto are:
Pursuant to Section 4-30 of said ordinance, the \
City of Cape Canaveral, Florida does hereby designate all public parks
and public beaches as areas in which animals are prohibited. [Ord. No. 21-81, §2, 17 Nov 1981]
SECTION 3. Animal Control Officer shall mean the person or
persons appointed by, contracted with or employed by the Board of
County Commissioners pursuant to Section 4-3 or by the City of Cape
Canaveral, Florida, to carry out the duties and enforcement of this
ordinance. [Ord. No. 21-81, §3, 17 Nov. 1981]
SECTION 4. All portions of the City Code in conflict
herewith are hereby repealed.
SECTION 5. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 17 day of Nov , 1981.
[no signature]
Mayor
ATTEST:
[no signature]
City Clerk
Approved as to Form:
[no signature]
City Attorney
701
830026
BREVARD COUNTY
BOARD OF COUNTY COMMISSIONERS
RAYMOND C.WINSTEAD,JR.,Clerk to the Board,P.O. Box 1496,Titusville,Florida 32780
BERNADETTE S.ROEDER,Deputy Clerk (305)269-8141
January 14, 1983
Patricia J. Beaulieu, City Clerk
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral , Florida 32920
Dear Ms. Beaulieu:
Re: Ordinance No. 20-82, Animal Control
The Board of County Commissioners , in regular session on January 13, 1983,
acknowledged receipt of your City' s Ordinance No. 20-82, adopting County
Ordinance No. 82-22, Animal Control Regulations, authorizing the County
to enforce same within your corporate limits.
Thank you for your continued cooperation.
Sincerely yours,
BOARD OF COUNTY COMMISSIONERS
R. C. WINSTEAD, JR. , CLERK
Bernadette Roeder, Deputy Clerk
cc: Public Safety Coordinator
Animal Control Supervisor
D.GENE ROBERTS THEO YORK VAL M.STEELE SUE SCHMITT JOE WICKHAM ROBERT L.NABORS R.C.WINSTEAD, JR.
Chairman District 2 Vice-Chairman District 4 District 5 County Attorney Clerk
District 1 District 3
*AMENDED
RESOLUTION NO. 74-18
A RESOLUTION PROHIBITING ANIMALS FROM ENTERING
INTO OR ON ALL PUBLIC BEACHES WITHIN THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 10-70, known as The Animal Control
Ordinance, provides, in Section 4-14 thereof, that no animal shall
enter into or on any public beach or park in the *CITY where such
animals are specifically prohibited by resolution ; and
WHEREAS, the City Council of the City of Cape Canaveral deems
it in the best interest of the City of Cape Canaveral that animals be pro-
hibited from entering into or on the public beaches *OR PARKS within the City of
Cape Canaveral;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. No animal shall enter into or on any public beach *OR PARKS
within the City of Cape Canaveral, Florida, pursuant to Section 4-14 of
Ordinance No. 10-70, The Animal Control Ordinance. It is specifically
intended by the City Council of the City of Cape Canaveral that this
Resolution prohibiting animals on the public beaches *OR PARKS, is done in accord-
ance with the provisions of Ordinance No. 10-70, and this Resolution is
being adopted to enact the provisions of Section 4-14 of Ordinance No.
10-70, as amended.
SECTION 2. This Resolution shall become effective immediately
upon its adoption by the City Council of the City of Cape Canaveral,
• Florida.
ADOY1'ED by the City Council of the City of Cape Canaveral,
Florida, this 16TH day of APRIL , 1974.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved by:
[signature]
City Attorney
NAME YES NO ABS
MACLAY YES
RHAME YES
RUTOWSKI [didn't vote]
SALVAGGIO YES
THURM YES
EMERGENCY ORDINANCE NO. 18-74
AN EMERGENCY ORDINANCE PROVIDING FOR THE
HANDLING OF COMPLAINTS FOR VIOLATION OF ORDINANCE
NO. 10-70, KNOWN AS THE ANIMAL CONTROL ACT, AS
AMENDED; PROVIDING FOR PENALTIES FOR VIOLATION OF
SAID ANIMAL CONTROL ACT; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. In addition to the provisions of Section 4-31,
Complaints for Violation, as set forth in Ordinance No. 10-70, as amended,
known as The Animal Control Act, an additional method for complaints for
violation is hereby provided. Upon receipt of an affidavit of complaint,
signed by one or more residents of Cape Canaveral, Florida, residing in
the vicinity in which the violation in issue occurred, made under oath before
an individual authorized by law to take acknowledgments, 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 Police Depart-
ment of the City of Cape Canaveral, Florida shall investigate the complaint
to determine whether the act complained of violates the Animal Control
Ordinance. In the event the act complained of constitutes a violation of said
ordinance, a warrant shall be issued for the arrest of the person or persons
violating said ordinance, in the same manner that other warrants are issued
by the City of Cape Canaveral, Florida, for violation of its ordinances. In
the event any law enforcement officer of the City of Cape Canaveral, Florida
witnesses a violation of the Animal Control Ordinance, then said officer is
authorized to immediately arrest any person or persons violating said
ordinance for the violation conducted in his presence, in a manner that all
other arrests for misdemeanors conducted in the presence of the law en-
forcement officer are processed.
SECTION 2. In addition to the penalties for violation as
provided in Section 4-86 of Ordinance No. 10-70 as amended, there shall be
*AMENDED 5-21-74
a fine of not *more than $100.00 for any person or 5-21-74
persons convicted under said ordinance. The remaining provisions of
Section 4-86 shall remain in full force and effect.
SECTION 3. This emergency ordinance shall be effective
for 30 days from the effective date of its enactment.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 21ST day of MAY , 1974.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attorney
NAME YES NO ABS
MACLAY YES
RHAME YES
GRAEFE YES
SALVAGGIO YES
THURM YES
FIRST & SECOND READING: MAY 21, 1974
POSTED: MAY 22, 1974
not in retyped one
ORDINANCE NO. 7-78
AN ORDINANCE AMENDING CHAPTER 701 OF THE CODE OF
THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED
"ANIMAL CONTROL ACT", BY INCREASING THE IMPOUND
FEES FOR DOGS AND CATS IMPOUNDED; REPEALING ALL
ORDINANCES OR PORTIONS OF THE CITY CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Chapter 701 of the Code of the City of Cape Canaveral,
Florida, entitled "Animal Control Act" is hereby amended as follows:
Section 701. 39 entitled "Impounding Fees" is deleted in its entirety,
and the following new sub-section substituted therefor:
"Section 701. 39 Impounding Fees
Any person seeking to redeem or reclaim any animal or owner-
ship of any animal shall pay the impoundment fees herein
provided. The Impounding Officer shall charge and collect an
arrest, apprehension or detention fee of ten dollars ($10.00) 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 ($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."
SECTION 2. All ordinances or portions thereof, and all portions of
the City Code in conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 18 day of April , 1978.
[no signature]
Mayor
Attest:
[no signature]
City Clerk
Approved as to form:
[signature]
City Attorney
First Reading: 4-3-78
Posted: 4-5-78
Advertised: 4-10-78
Second Reading: 4-18-78
NAME YES NO
BOYD YES
MURPHY YES
RIGERMAN YES
THURM YES
WELTON YES
not in retyped one
ORDINANCE NO. 7-78
AN ORDINANCE AMENDING CHAPTER 701 OF THE CODE OF
THE CITY OF CAPE CANAVERAL, FLORIDA, ENTITLED
"ANIMAL CONTROL ACT", BY INCREASING THE IMPOUND
FEES FOR DOGS AND CATS IMPOUNDED; REPEALING ALL
ORDINANCES OR PORTIONS OF THE CITY CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Chapter 701 of the Code of the City of Cape Canaveral,
Florida, entitled "Animal Control Act" is hereby amended as follows:
Section 701. 39 entitled "Impounding Fees" is deleted in its entirety,
and the following new sub-section substituted therefor:
"Section 701. 39 Impounding Fees
Any person seeking to redeem or reclaim any animal or owner-
ship of any animal shall pay the impoundment fees herein
provided. The Impounding Officer shall charge and collect an
arrest, apprehension or detention fee of ten dollars ($10.00) 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 ($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."
SECTION 2. All ordinances or portions thereof, and all portions of
the City Code in conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 18 day of April , 1978.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
First Reading: 4-3-78
Posted: 4-5-78
Advertised: 4-10-78
Second Reading: 4-18-78
NAME YES NO
BOYD YES
MURPHY YES
RIGERMAN YES
THURM YES
WELTON YES
Joe Scott
Revised 10-26-81
RECEIVED
SEP 10 1980
DIST. #3
COMMISSIONERS OFFICE
EMERGENCY ORDINANCE NO. 80-26
AN EMERGENCY AMENDING CHAPTER 4, CODE OF
BREVARD COUNTY, FLORIDA; SPECIFICALLY AMENDED
SECTION 4-1 (1) , CHAPTER 4, CODE OF BREVARD
COUNTY, FLORIDA, BY PROVIDING A NEW DEFINITION
OF VICIOUS ANIMAL; AMENDING SECTION 4-55, CHAPTER
4, CODE OF BREVARD COUNTY, FLORIDA, TO PROVIDE
NEW STANDARDS FOR THE IMPOUNDMENT OF VICIOUS
ANIMALS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA, as follows:
Section 1. Emergency. Pursuant to Section 125.66
(3), Florida Statutes (1979), the Board of County Commissioners
of Brevard County, Florida, unanimously declares an emergency
exists, due to the high incident rate of animal bites inflicted
upon citizens of Brevard County, and that the immediate enactment
of this emergency ordinance is necessary to meet such emergency;
thereby waiving statutory notice requirements for the enactment
of such an ordinance.
Section 2. Amending Section 4-1 (1) , Chapter. 4, of tine
Brevard County Code, to read as follows:
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 has bitten a parson
or persons without provocation.
Section 3. Amending Section 4-55, Chapter 4, of the
Brevard County Code, to read as follows;
Section 4-55. Vicious Animals:
(a) The owner of any vicious animal which is
not confined in a building or secure enclosure
or any person who shall release, either will-
fully or through failure to exercise :sue care
or control, or take such animal out of such
building or such secure enclosure and -hereby
allow such animal to roam at large, shall be
guilty of a misdemeanor and punished as pro-
vided for in Section 4-81 of this Ordinance.
Any vicious animal not confined as herein pro-
vided shall be impounded and shall be redeemed
as provided for in Section 4-51 of this Ordinance.
If such vicious animal is not redeemed within
five (5) consecutive days or if such vicious
animal has bitter., without provocation, a person
or persons subsequent to being declared vicious,
Brevard County shall be deemed to be the owner of
OFFICIALLY FILED WITH EFFECTIVE DATE: AUGUST 28, 1980
SECRETARY OF STATE
AUGUST 29, 1980
and have legal title to such animal and an Animal
Control 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.
(b) The owner will be notified by the Brevard County
Animal Control in writing by United States mail
or other appropriate means when an animal is declared
vicious under provisions of Sectior, 4-1 (1) . The
letter will state the dates of previous bites or
scratches, if known, the basis for the ciassification
of such animal as vicious, a description of the animal,
and the duty of the owner to control the animal.
(c) The provisions of Section 4-55 (a) and Section
4-55 (b) do not apply to properly licensed and rabies
vaccinated guard dogs employed to protect business
establishments unless the owner fails to provide
adequate security to preclude escape of the dog(s)
from the business enclosure or fails to secure
the dog(s) in such a manner as to keep them from coming
in contact with the public during normal business hours.
Section 4. Public Record and Posting. A certified
copy of this emergency ordinance shall be filed with the Clerk of
the Circuit Court of Brevard County. Florida, and shall constitute
a public record, and a certified copy of said ordinance shall be
filed in the office of the Florida Department of State by the
Clerk of the Board of County Commissioners of Brevard County,
Florida, as soon after enactment of this ordinance as is practicable.
Section 5. Effective Date. This emergency ordinance
shall take effect pursuant to law.
DONE, ORDERED and ADOPTED, in Regular Session, this
21st day of August, 1980.
ATTEST:
[signature]
R. C. Winstead, Jr., Clerk
[seal]
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
By: [signature]
John A. Hurdle, Chairman
ORDINANCE NO. 19-74
AN ORDINANCE AMENDING ORDINANCE NO. 10-70 AS
AMENDED, KNOWN AS TilE ANIMAL CONTROL ACT, BY
PROVIDING FOR ADDITIONAL METI-IODS OF COMPLAINTS
FOR VIOLATION AND ENFORCEMENT FOR VIOLATION
OF SAID ORDINANCE;BY PROVIDING MINIMUM AND
MAXIMUM PENALTIES FOR THE VIOLATION OF SAID
ORDINANCE;BY REPEALING ORDINANCE No. 14-71 AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN'CON-
FLICT THEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA AS FOLLOWS:
SECTION 1. Ordinance No. 10-70 as amended, known as
The Animal Control Act, is hereby amended as follows:
(a) Section 4-31, Complaints for Violation, is deleted in
its entirety, and the following section is substituted therefor:
"Section 4-31 Complaints for Violation.
Upon receipt of an "Affidavit of Complaint, " signed by
one or more persons, made under oaih by an individual authorized
by law to take acknowledgments, 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 or any law enforcement officer of the City of Cape Canaveral,
Florida shall investigate the complaint to determine whether the act
complained.of violates this Ordinance. In the event the act complain-
ed of constitutes a violation of this Ordinance, the impounding officer
or the law enforcement officer shall enforce this Ordinance pursuant
to the provisions of Section 4-32." *"In the event sufficient facts
are not available to enable a complainant to prepare an affidavit
of complaint, then such affidavit of complaint shall be executed after
an investigation by law enforcement officer, if warranted."
(b) SEC.4-32, Enforcement for Violation, is deleted in
its entirety, and the following section is substituted therefor:
"Section 4-32 Enforcement for Violation.
(a) The Impounding Officer shall impound:
(1) Any animal found to be cruelly treated as defined
in Section 4-17, or any animal suspected or
believed to be infected with rabies or any infectious
disease. Each animal so apprehended which is sus-
pected 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 is
deemed in violation of this Ordinance, or is owned, kept,
harbored or maintained in violation of this Ordinance:
*Amended on Second Reading 5-13-74
(1) Advise the Cape Canaveral Police Department of
the name and address of the person or persons in
violation of the Ordinance, the date or dates of the
offense, the offense or offenses committed, a des-
cription of the animal or animals involved, where- '
upon a proper warrant shall be issued by said Police
Department.
(2) Impound such animal, if in the opinion of the Im-
pounding Officer or any law enforcement official of
the City of Cape Canaveral, Florida, it is in the
best interest of the public welfare that said animal
be impounded.
(c) Upon investigation of a complaint for violation provided
for in Section 4-31 of this Act by a law enforcement officer
of the City of Cape Canaveral, if there appears to be a
violation of this Ordinance, then a proper warrant shall be
issued by the Police Department based on the affidavit of
complaint provided for in Section 4-31. Nothing herein con-
tained shall prevent a law enforcement officer of the City of
Cape Canaveral from arresting any person or persons who
violate this Act in his presence, whether or not a complaint
for violation has been filed in accordance with Section 4-31."
(c) Section 4-86, Penalties for Violation of Ordinance, is
deleted in its entirety, and the following substituted therefor:
"Section 4-86 Penalties for Violation of Ordinance.
Any person violating or deemed in violation of any of the
provisions of this Ordinance, shall be guilty of a misdemean-
or and punished by a fine of not more
than $100. 00, or by imprisonment for not more than 30 days,
or by both fine and imprisonment. Each day or fraction
thereof the violation continues shall be considered as a
separate offense. "
(d) Section 4-87, Alternative Penalties for Violation of
Ordinance is deleted in its entirety.
SECTION 2. Ordinance No. 14-71 and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective immediately
upon its adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 18TH day of JUNE , 1974.
[signature]
Mayor Pro Tem
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attorney
NAME YES NO ABS
MACLAY YES
RHAME YES
GRAEFE YES
SALVAGGIO YES
THURM YES
FIRST READING: MAY 21, 1974
POSTED: MAY 22, 1974
ADVERTISED: MAY 27, 1974
SECOND READING: JUNE 18, 1974
ORDINANCE NO. 16-71
AN ORDINANCE AMENDING ORDINANCE NO. 10-70
PROVIDING A DEFINITION FOR "AT LARGE" , AND
PROVIDING FOR THE ADDITION OF PUBLIC BEACHES
TO SECTION 4 -13 ; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1 . Ordinance no. 10-70 is hereby amended as
follows:
1 . Section 4 -1 (e) is hereby amended to read:
"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 or chain. "
2 . Section 4-13 is hereby amended to read :
"Any animal which defecates or urinates upon
a public beach, 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 entrance- .
way, stairway or wall immediately abutting on
a public sidewalk, or upon the floor of any
theatre , 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, etc . "
SECTION 2 . This Ordinance shall become effective immediat-
ely upon its adoption.
SECTION 3 . ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA this 21st day of September 1971.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
APPROVED AS TO FORM:
[signature]
City Attorney
First reading: September 7, 1971
Posted: September 8, 1971
Second reading: September 21, 1971
REPEALED ORD. # 19-74
MICROFILMED 3-14-80
ORDINANCE NO. 14-71
AN ORDINANCE AMENDING ORDINANCE NO. 10-70
TO ESTABLISH HOURS THAT ANIMALS SHALL BE
PERMITTED IN THE DESIGNATED AREA COVERED
BY THE ANIMAL CONTROL ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1 . Ordinance no . 10-70 shall be amended by
adding the following :
"Animals shall be permitted to enter into or on public
beaches as designated by Resolution by the City of Cape Canaveral ,
Florida, from 7 : 00 P.M. to 7 : 00 A.M. each day of the week."
SECTION 2 . This Ordinance shall become effective
immediately upon its adoption by the City Council of the City of
Cape Canaveral , Florida .
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, this 7th day of September 1971.
[illegible signature]
ATTEST:
[signature & seal]
City Clerk
APPROVED AS TO FORM:
[signature]
City Attorney
First Reading: August 17, 1971
Posted: August 19, 1971
Second Reading: September 7, 1971
AMENDED ORD 14-[cutoff text]
AMENDED by Ord Emerg. Ord 18-[cutoff text]
AMENDED By ORD. 19-[cutoff text]
16-11 & 14-71 in City Cod 701
ORDINANCE NO. 10-70
AN ORDINANCE ADOPTING BREVARD COUNTY
ORDINANCE NO. 70-15 PROVIDING FOR ANIMAL
CONTROL IN BREVARD COUNTY AND WITHIN
THE CONFINES OF THE CITY OF CAPE CANAVERAL,
FLORIDA; INSTRUCTING THE CITY MANAGER TO
NEGOTIATE AN AGREEMENT WITH BREVARD COUNTY;
REPEALING ALL OR PARTS OF ORDINANCES IN CON-
FLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, as follows :
WHEREAS , the Brevard County Board of County Commissioner:
approved Ordinance No . 70- 15 providing for animal control on
September 17 , 1970 , which Ordinance will serve as a foundation for
a uniform program throughout Brevard County, Florida, and
WHEREAS , the City of Cape Canaveral will benefit from a
uniform animal control law, and
WHEREAS, The City of Cape Canaveral , Florida , desires
to participate in this county-wide animal control ordinance , and al[cutoff text]
to enter into an 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 , and
WHEREAS , the City wishes to adopt Brevard County Ordin-
ance No. 70- 15, a copy of which is attached hereto and made a part
hereof.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF 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
a 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
PAGE 1 OF 2
* SECTION 3 . Section 4- 1 (i) of Brevard County Ordinance
No . 70-15 is hereby amended to read "Board 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
Florida 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 6 . This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of Cape Canaveral , Florida,
this 20th day of October , 1970.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
APPROVED AS TO FORM:
[signature]
City Attorney
First reading: October 6, 1970
Posted: October 7, 1970
Second reading: Octoboer 20, 1970
*Amended on second reading.
PAGE 2 OF 2
CHAP 701
AMENDED
ORD 16-71
ORD 14-71
Sec. 701.01 County Animal Control Ordinance Adopted.
Except as provided in §701.02, below, 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 filed
with the City Clerk and made a part hereof, is hereby adopted as the
rules and regulations governing animal control within the City of
Cape Canaveral, Florida. [Ord. No. 10-70, §1, 20 Oct. 1970]
PAGE 1 OF 2
Sec. 701.02 Exceptions Provided.
(A) Section 4-1 (1) of Brevard County Ordinance
No. 70-15 is hereby amended to read "Board shall mean Board of
County Commissioners of Brevard County, Florida and City Council
of the City of Cape Canaveral, Florida where applicable."
(B) Pursuant to Section 4-14 of Brevard County
Ordinance No. 70-15, the City Council of the City of Cape Canaveral,
Florida does hereby designate all Public Parks and Public Beaches
as an area in which such animals are prohibited, except
TO NEXT PAGE
INSERT PREVIOUS PAGE
Animals shall be permitted to enter into or on public
beaches as designated by Resolution by the City of Cape Canaveral,
Florida, from 7:00 P.M. to 7:00 A.M. each day of the week.
(C) Section 4-1 (e) is hereby amended to read:
"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 or chain. "
(D) Section 4-13 is hereby amended to read:
"Any animal which defecates or urinates upon
a public beach, 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 entrance-
way, stairway or wall immediately abutting on
a public sidewalk, or upon the floor of any
theatre , 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, etc ."
[Ord. No. 10-70, §3, AS AMENDED BY 14-71, 16-71]
§ 701 .01 ANIMALS CONTROLLED § 701 .06
CHAPTER 701
ANIMALS CONTROLLED
Sec. 701 . 01 Animal Control Ordinance Adopted. The
Brevard County Animal Control Ordinance, as amended, is
hereby adopted by reference as though it was copied
herein fully. [Ord. No. 20-82, § 1 , 21 Dec 1982 ; Ord.
No. 11-86, § 1 , 15 Apr 1986]
Sec. 701 .03 Animal Control Officer. Wherever the
term "Animal Control Officer" is used in the Brevard
County Ordinance, it shall be construed to mean the
person or persons appointed by, contracted with or em-
ployed by the Brevard County Board of County
Commissioners or by the City of Cape Canaveral ,
Florida, to carry out the duties and enforcement of
this Chapter. [Ord. No. 20-82 , § 1 , 21 Dec 1982 ; Ord.
No. 11-86, § 1 , 15 Apr 1986]
Copy fm Ord 4-91
Sec. 701 .06 Bees and Beehives Prohibited . The
raising of bees or maintenance of beehives within the
CHAPTER REVISED
4 OCT 89
373
§ 701 . 06 ANIMALS CONTROLLED § 701 .09
city limits of Cape Canaveral is hereby prohibited.
[Ord . No. 13-89 , § 1 , 4 Oct 89]
Sec. 701 . 07 Penalty. Any person convicted of a
violation of this Chapter shall be punished as provided
in Sec. 801 .01 . [Ord. No. 20-83, § 1 , 6 Sep 1983 ; Ord.
No. 11-86, § 1 , 15 Apr 1986]
Sec. 701 .09 Severability. The provisions of this
chapter shall be deemed to be separate and independent
of all other provisions herein and if any provisions of
this chapter are declared invalid or void for any
reason, the invalidity thereof shall not affect the
remaining provisions of this chapter. [Ord. No. 20-82,
§ 1 , 21 Dec 1982 ; Ord. No. 11-86, § 2 , 15 Apr 1986]
CHAPTER REVISED
4 OCT 89
FILE COPY
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407/783-1100
CITY OF FAX 407/799-3170
CAPE CANAVERAL
January 21, 1991
MEMORANDUM
To: Mayor & City Council
From: Edward Spenik, City Manager [signature]
RE: CHAPTER 701. 01 - ANIMALS CONTROLLED
CODE OF ORDINANCES - PROPOSED CHANGES
I would recommend the removal of the following six
words from the current Section 701 . 05, Animals Prohibited
in Parks and on Beaches:
"or establish a public hearing date"
Please see attached.
ES/ab
Attachment
PRINTED ON RECYCLED PAPER
§ 701 . 01 ANIMALS CONTROLLED 6 701 .06
CHAPTER 701
ANIMALS CONTROLLED
Sec. 701 . 01 Animal Control Ordinance Adopted. The
Brevard County Animal Control Ordinance, as amended, is
hereby adopted by reference as though it was copied
herein fully. [Ord. No. 20-82, § 1 , 21 Dec 1982 ; Ord.
No. 11-86, § 1 , 15 Apr 1986]
Sec. 701 .03 Animal Control Officer. Wherever the
term "Animal Control Officer" is used in the Brevard
County Ordinance, it shall be construed to mean the
person or persons appointed by, contracted with or em-
ployed by the Brevard County Board of County
Commissioners or by the City of Cape Canaveral,
Florida, to carry out the duties and enforcement of
this Chapter. [Ord. No. 20-82 , § 1 , 21 Dec 1982 ; Ord.
No. 11-86, § 1 , 15 Apr 1986]
Sec. 701 . 05 Animals Prohibited in Parks and on
Beaches. No animal shall be allowed in any public park
or on any beach in the City of Cape Canaveral, unless a
specific park or beach area is designated as an area
where animals shall be permitted. Such designation
shall be by Resolution adopted by the City Council .
Parks and beach areas so designated shall be properly
identified and posted. Any animal found in a park or
on a beach not designated for such shall be deemed a
violation of this Chapter, and the owner thereof shall
be punished by issuance of a citation by the Animal
Control Officer, or , a Law Enforcement Officer with ju-
risdiction in the City of Cape Canaveral . Such
citation shall result in a fine of thirty- ive dollars
( $35. 00) . Failure to pay the fine
within ten ( 10 ) days of issuance
of the citation shal result in the citation being
transferred to the State Attorney' s Office and shall be
considered to be punished as provided for in Sec.
801 . 01 . Dogs trained to assist or aid disabled or
handicapped persons , when such dogs are actually being
used to assist or aid such persons, shall not be prohib-
ited from any park or beach. [Ord. No. 20-82 , 6 1 , 21
Dec 1982 ; Ord. No. 20-83, § 1 , 6 Sep 1983 ; Ord. No. 11-
86, § 1 , 15 Apr 1986]
Sec. 701 .06 Bees and Beehives Prohibited . The
raising of bees or maintenance of beehives within the
CHAPTER REVISED
4 OCT 89
To be codified
Codified Jan 90
History File
ORDINANCE NO. 13-89
AN ORDINANCE AMENDING CHAPTER 701 ,
"ANIMALS CONTROLLED" , OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
BY ESTABLISHING SECTION 701 . 06, BEES
AND BEEHIVES PROHIBITED; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Chapter 701 , Animals Controlled, is hereby
amended by establishing Section 701 .06 as follows:
Seca 701 . 06 Bees and Beehives Prohibited. The
raising of bees or maintenance of beehives within the
city limits of Cape Canaveral is hereby prohibited. [Ord.
No. 13-89, §1, 4 Oct 89]
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 4th day of October , 1989.
[signature]
Mayor
ATTEST:
[signature]
Deupty City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 9-19-89
Posted: 9-21-89
Advertised: 9-21-89
Second Reading: 10-3-89
NAME YES NO
HOOG YES
KIDD YES
RANDELS YES
SALAMONE YES
Thurm YES
§701. 01 ANIMALS CONTROLLED §701. 07
CHAPTER 701
ANIMALS CONTROLLED
Sec. 701 . 01 Animal Control Ordinance Adopted. The
Brevard County Animal Control Ordinance, as amended,
is hereby adopted by reference as though it was copied
herein fully. [Ord. No. 20-82 , §1 , 21 Dec 1982 ; Ord.
No. 11-86, §1, 15 Apr 1986 ]
Sec . 701 . 03 Animal Control Officer. Wherever the
term "Animal Control Officer" is used in the Brevard
County Ordinance, it shall be construed to mean the
person or persons appointed by, contracted with or
employed by the Brevard County Board of County Commis-
sioners or by the City of Cape Canaveral , Florida , to
carry out the duties and enforcement of this Chapter.
(Ord. No. 20-82, §1, 21 Dec 1982 ; Ord. No. 11-86 , §1 ,
15 Apr 1986 ]
Sec . 701 . 05 Animals Prohibited in Parks and on
Beaches . No animal shall be allowed in any public
park or on any beach in the City of Cape Canaveral,
unless a specific park or beach area is designated as
an area where animals shall be permitted. Such desig-
nation shall be by Resolution adopted by the City Coun-
cil. Parks and beach areas so designated shall be
properly identified and posted. Any animal found in a
park or on a beach not designated for such shall be
deemed a violation of this Chapter , and the owner
thereof shall be punished by issuance of a citation by
the Animal Control Officer, or a Law Enforcement Offi-
cer with jurisdiction in the City of Cape Canaveral.
Such citation shall result in a fine of thirty-five
dollars ( $35 . 00 ) . Failure to either pay the fine or
establish a public hearing date within ten ( 10 ) days
of issuance of the citation shall result in the cita-
tion being transferred to the State Attorney ' s Office
and shall be considered to be punished as provided for
in Sec . 801 . 01 . Dogs trained to assist or aid dis-
abled or handicapped persons, when such dogs are ac-
tually being used to assist or aid such persons , shall
not be prohibited from any park or beach. [Ord. No.
20-82 , §1 , 21 Dec 1982 ; Ord . No . 20-83 , §1 , 6 Sep
1983; Ord. No. 11-86 , §1, 15 Apr 1986 ]
Add Section 901.06 from Ord 13-89 here
Sec . 701 . 07 Penalty. Any person convicted of a
violation of this Chapter shall be punished as provided
in Sec . 801. 01 . [ Ord . No. 20-83 , §1, 6 Sep 1983 ; Ord.
No. 11-86 , §1, 15 Apr 1986
CHAPTER REVISED
4 OCT 89
§701. 09 ANIMALS CONTROLLED §701. 09
Sec . 701. 09 Severability. The provisions of this
chapter shall be deemed to be separate and independent
of all other provisions herein and if any provisions of
this chapter are declared invalid or void for any rea-
son, the invalidity thereof shall not affect the remain-
ing provisions of this chapter. [Ord. No. 20-82 , §1 ,
21 Dec 1982; Ord. No. 11-86, §2 , 15 Apr 1986]
CHAPTER REVISED
4 OCT 89
City Code
ORDINANCE NO. 11-86
AN ORDINANCE AMENDING CHAPTER 701, "ANIMALS
CONTROLLED" , OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING
THE LATEST BREVARD COUNTY ANIMAL CONTROL
REGULATIONS; DESIGNATING ALL PUBLIC PARKS AND
BEACHES AS AREAS IN WHICH ANIMALS ARE
PROHIBITED; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, has previously adopted
the Brevard County Animal Control Ordinance; and
WHEREAS, Brevard County has recently amended its animal
control ordinance; and
WHEREAS, the City of Cape Canaveral wishes to insure
uniformity in its animal control regulations;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Chapter 701 of the Code of Ordinances of the
City of Cape Canaveral is hereby repealed in its entirety and
replaced with the following:
CHAPTER 701
ANIMALS CONTROLLED
Sec. 701. 01 Animal Control Ordinance Adopted. The
Brevard County Animal Control Ordinance, as amended,
is hereby adopted by reference as though it was copied
herein fully. [Ord. No. 20-82, §1, 21 Dec 82; Ord. No.
11-86, §1, 15 Apr 86]
Sec. 701. 03 Animal Control Officer. Wherever the
term "Animal Control Officer" is used in the Brevard
County Ordinance, it shall be construed to mean the
person or persons appointed by, contracted with or
employed by the Brevard County Board of County
Commissioners or by the City of Cape Canaveral,
Florida, to carry out the duties and enforcement of
this Chapter. [Ord. No. 20-82; §1, 21 Dec 82; Ord. No.
11-86, §1, 15 Apr 86]
Sec. 701. 05 Animals Prohibited in Parks and on
Beaches . No animal shall be allowed in any public
park or on any beach in the City of Cape Canaveral,
unless a specific park or beach area is designated as
an area where animals shall be permitted. Such
designation shall be by Resolution adopted by the City
Council. Parks and beach areas so designated shall be
properly identified and posted. Any animal found in a
park or on a beach not designated for such shall be
deemed a violation of this Chapter , and the owner
thereof shall be punished by issuance of a citation by
the Animal Control Officer, or a Law Enforcement
Officer with jurisdiction in the City of Cape
Canaveral . Such citation shall result in a fine of
thirty-five dollars ( $35. 00 ) . Failure to either pay
ORDINANCE NO. 11-86
PAGE 1 OF 2
Codified 9-30-86 [signature]
the fine or establish a public hearing date within ten
( 10 ) days of issuance of the citation shall result in
the citation being transferred to the State Attorney' s
Office and shall be considered to be punished as
provided for in Sec. 801. 01. Dogs trained to assist
or aid disabled or handicapped persons , when such dogs
are actually being used to assist or aid such persons
shall not be prohibited from any park or beach. [Ord. No. 20-82, §1, 21 Dec 82;
20-83, §1, 6 Sep 83; Ord. No. 11-86, §1, 15 Apr 86]
Sec. 701. 07 Penalty. Any person convicted of a
violation of this Chapter shall be punished as provided
in Sec. 801. 01. [Ord. No. 20-83, §1, 6 Sep 83; Ord. No. 11-86, §1,
15 Apr 86]
Sec. 701.09 from attached
SECTION 2. The provisions of this Ordinance shall be deemed
to be separate and independent of all other provisions contained
herein and if any provisions of this Ordinance are declared
invalid or void for any reason, the invalidity thereof shall not
affect the remaining provisions of this Ordinance.
SECTION 3 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 15th day of April , 1986.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: April 1, 1986
Posted: April 2, 1986
Advertised: April 5, 1986
Second Reading: April 15, 1986
NAME YES NO
FISCHETTI YES
LEE YES
MARCHETTI YES
NICHOLAS YES
ORDINANCE NO. 11-86
PAGE 2 OF 2
§ 701. 83 ANIMALS CONTROLLED § 701 . 84
Sec . 701.09 Severability. The provisions of this chapter
shall be deemed to be separate and independent of all other
provisions herein and if any provisions of this chapter are
declared invalid or void for any reason, the invalidity thereof
shall not affect the remaining provisions of this chapter.
[Ord. No. 20-82, 21 Dec . 82; Ord. No. 11-86, §3, 15 Apr 86]
CHAPTER REVISED
21 DEC 82
History File
Codified Jan 84
ORDINANCE NO. 20-83
AN ORDINANCE AMENDING CHAPTER 701, ANIMALS
CONTROLLED, BY AMENDING SECTION 701. 30, ANIMALS
PROHIBITED IN PARKS AND ON BEACHES , BY ALLOWING
FOR A CITATION TO BE ISSUED TO THE OWNER OF THE
OFFENDING ANIMAL; ESTABLISHING A FINE; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida as follows:
SECTION 1. Chapter 701, Animals Controlled, is hereby
amended by deleting Section 701.30, Animals Prohibited in Parks
and on Beaches, in its entirety and replaced with the following
subsection:
Sec. 701. 30 Animals Prohibited in Parks and on Beaches .
No animal shall be allowed into or on any public park or
beach in the City of Cape Canaveral, unless specifically
authorized by the City Council by Resolution designating
public park or beach areas where such animals shall be
permitted. Parks and beach areas so designated shall be
properly identified and posted. Any animal found in a
park or on a beach not designated for such shall be deemed
a violation of this Chapter, and the owner thereof shall
be punished by issuance of a citation by a Law Enforcement
Officer with jurisdiction in the City of Cape Canaveral.
Such citation shall result in a fine of thirty-five dollars
($35. 00) . Failure to either pay the fine or establish a
hearing date within five (5) days of issuance of the
citation shall result in the citation being transferred
to the State Attorney' s Office and shall be considered
to be punished as provided for in Section 801.01 of the City
Code. Dogs trained to assist or aid disabled or handi-
capped persons, when such dogs are actually being used to
assist or aid such persons, shall not be prohibited from
any park or beach. [Ord. No. 20-83, §1, 6 Sep 83]
SECTION 2 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 6th day of September 1983.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
CALVERT YES
HARRIS YES
NICHOLAS YES
RUTHERFORD YES
WINCHESTER YES
First Reading: 8-16-83
Posted: 8-17-83
Advertised: 8-26-83
Second Reading: 9-6-83
740
§ 701.27 ANIMALS CONTROLLED § 701.30
Sec . 701 . 27 Running at large prohibited.
A. Any person who owns, keeps , or harbors any animal,
whether licensed or unlicensed, found at large, as defined in
Section 701. 02, shall be guilty of a misdemeanor, punishable
as provided for in Section 701 . 81.
B. Any animal found at large by an Animal Control Officer
shall be impounded by such officer.
Sec . 701 . 28 Animals creating nuisance probibited. Any
person, firm, corporation or business that owns, keeps or
harbors any animal which is found to have done any of the following
acts shall be deemed in violation of this section, and shall
be guilty of a misdemeanor and shall be punished as provided
in Section 701. 81 of this chapter . The following are the
offenses that are deemed to create a nuisance:
A. Any animal which barks, or whines, or howls, or
causes other objectionable noise;
B. Any animal that is at large as defined in this chapter;
C. Any animal that chases or runs after persons or
vehicles;
D. Any animal that destroys or damages property of any
person;
E . Any animal that causes serious annoyance to a neighboring
resident and interferes with the reasonable use and enjoyment
of such resident' s property.
Sec. 701 . 29 Animals defecating, urinating upon public
property. Any animal which defecates or
urinates upon any public property, or property open to the public,
except the property or premises of the owner of such animal,
shall constitute a violation of this chapter.
Use new section from Ord. No. 20-83
PAGE REVISED
6 SEP 83
CC
City Mgr
[illegible]
860450
FILE COPY
Clerk Of The Circuit And County Court Brevard County, lorida
400 SOUTH STREET, P. O. BOX H, TITUSVILLE, FLORIDA 32781-0239
R.C.WINSTEAD,JR.,Clerk
August 29, 1986
Mr. Bennett Boucher
Finance Director
City of Cape Canaveral
Post Office Box 326
Cape Canaveral , Florida 32920
Dear Mr. Boucher:
We spoke with Michael Hunt, Assistant State Attorney, and he told us
we could not handle your animal control cases direct, that the
delinquent cases should be turned over to the State Attorney's Office
in Rockledge.
He also has a few problems with your form, Notice of Violation. He
states that the form should be a Notice to Appear, giving a court date
but making it payable to you within 10 days as an option.
He suggested that you telephone him at 269-8112 or Rockledge Assistant
State Attorney Ken Le Blanc at 636-6920.
Sincerely,
[signature]
Liza Frace, Coordinator
Criminal Law Division
LF/dgs
cc: Michael Hunt
file
FILED AUG 27 10 03 AM '86
R.C. WINSTEAD, JR.
CLERK [faded text]
BREVARD CG, FLA
BY [faded text] D.C.
CITY OF CAPE CANAVERAL
105 Polk Avenue
Cape Canaveral, FL 32920
NOTICE OF VIOLATION
To ROBERT E. MARTIN
DOB 07-20-53
Sex M
Race W
601 JEFFERSON #6
Height 6'00
Weight 155
CAPE CANAVERAL, FLA
Eyes BRO
Hair BRO
On 07-06-86 at 9:45 a.m. you committed
a violation of City Ordinance, Section 701.30
by TAKING DOG ON BEACH AT EAST END OF
JEFFERSON AVE, CAPE CANAVERAL
DESCRIPTION OF ANIMAL AS FOLLOWS:
TYPE SHEPERD
BREED CANINE
COLOR WHITE
SEX MALE
SIZE LARGE
You have been issued this "Notice of Violation" which may be satisfied by voluntary payment
of a fine of $35.00 within ten (10) days at the Cape Canaveral City Hall. If the notice is not
timely satisfied, formal charges for the alleged violation shall be filed with the State Attorney.
This notice of violation is issued pursuant to the provision of Sec. 701.05, Cape Canaveral City
Code.
NOTICE ISSUES AT 9:50 a.m. ON 07-06 1986
C/R 86-40376
[signature]
SIGNATURE OF VIOLATOR
[signature]
LAW ENFORCEMENT OFFICER/ANIMAL CONTROL
[signature] BSCO
ID# [illegible]
STATE OF FLORIAD
COUNTY OF BREVARD
This is to certify that the foregoing
is a true and correct copy of
Notice of Violation
witness my hand and official seal this
26th day of August 1986
Janet S. Leeser
City Clerk [bullet point] City of Cape Canaveral, FL
FILED AUG 27 10 03 AM '86
R.C. WINSTEAD. JR.
BREVARD [faded text] FLA.
BY [faded text] D.C.
ORDINANCE NO. 11-86
AN ORDINANCE AMENDING CHAPTER 701, "ANIMALS
CONTROLLED" , OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING
THE LATEST BREVARD COUNTY ANIMAL CONTROL
REGULATIONS; DESIGNATING ALL PUBLIC PARKS AND
BEACHES AS AREAS IN WHICH ANIMALS ARE
PROHIBITED; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, has previously adopted
the Brevard County Animal Control Ordinance; and
WHEREAS, Brevard County has recently amended its animal
control ordinance; and
WHEREAS, the City of Cape Canaveral wishes to insure
uniformity in its animal control regulations;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Chapter 701 of the Code of Ordinances of the
City of Cape Canaveral is hereby repealed in its entirety and
replaced with the following:
CHAPTER 701
ANIMALS CONTROLLED
Sec. 701. 01 Animal Control Ordinance Adopted. The
Brevard County Animal Control Ordinance, as amended,
is hereby adopted by reference as though it was copied
herein fully.
Sec. 701. 03 Animal Control Officer. Wherever the
term "Animal Control Officer" is used in the Brevard
County Ordinance, it shall be construed to mean the
person or persons appointed by, contracted with or
employed by the Brevard County Board of County
Commissioners or by the City of Cape Canaveral,
Florida, to carry out the duties and enforcement of
this Chapter.
Sec. 701. 05 Animals Prohibited in Parks and on
Beaches . No animal shall be allowed in any public
park or on any beach in the City of Cape Canaveral,
unless a specific park or beach area is designated as
an area where animals shall be permitted. Such
designation shall be by Resolution adopted by the City
Council. Parks and beach areas so designated shall be
properly identified and posted. Any animal found in a
park or on a beach not designated for such shall be
deemed a violation of this Chapter, and the owner
thereof shall be punished by issuance of a citation by
the Animal Control Officer, or a Law Enforcement
Officer with jurisdiction in the City of Cape
Canaveral . Such citation shall result in a fine of
thirty-five dollars ( $35. 00 ) . Failure to either pay
ORDINANCE NO. 11-86
PAGE 1 OF 2
the fine or establish a public hearing date within ten
( 10 ) days of issuance of the citation shall result in
the citation being transferred to the State Attorney' s
Office and shall be considered to be punished as
provided for in Sec. 801. 01. Dogs trained to assist
or aid disabled or handicapped persons , when such dogs
are actually being used to assist or aid such persons,
shall not be prohibited from any park or beach.
Sec. 701. 07 Penalty. Any person convicted of a
violation of this Chapter shall be punished as provided
in Sec. 801. 01.
SECTION 2 . The provisions of this Ordinance shall be deemed
to be separate and independent of all other provisions contained
herein and if any provisions of this Ordinance are declared
invalid or void for any reason, the invalidity thereof shall not
affect the remaining provisions of this Ordinance.
SECTION 3 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 15th day of April , 1986.
[signature]
Mayor
ATTEST:
[signature]
Approved as to Form:
[signature]
City Attorney
First Reading: April 1, 1986
Posted: April 2, 1986
Advertised: April 5, 1986
Second Reading: April 15, 1986
NAME YES NO
FISCHETTI YES
LEE YES
MARCHETTI YES
NICHOLAS YES
ORDINANCE NO. 11-86
PAGE 2 OF 2
STATE OF FLORIDA
COUNTY OF BREVARD
This is to certify that the foregoing
is a true and correct copy of
Ordinance No. 11-86
witness my hand and official seal this
26th day of August 1986
Janet S. Leeser
City Clerk [bullet point] City of Cape Canaveral, FL
Codified Jan 83
ORDINANCE NO. 20-82
AN ORDINANCE ADOPTING BREVARD COUNTY, FLORIDA
ORDINANCE NO. 82-22 RELATING TO ANIMAL CONTROL,
WHICH ORDINANCE IS ADOPTED FOR THE REGULATION
OF ANIMAL CONTROL WITHIN THE CITY OF CAPE
CANAVERAL, FLORIDA; BY DESIGNATING ALL PUBLIC
PARKS AND BEACHES AS AREAS IN WHICH ANIMALS
ARE PROHIBITED; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, has adopted numerous
ordinances regarding animal control, and
WHEREAS, the City of Cape Canaveral wishes to insure
uniformity in its animal control ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows :
SECTION 1. Brevard County, Florida, Ordinance No. 82-22
adopted by the Board of County Commissioners on June 10 ,
1982, relating to animal control in Brevard County, a copy of
which is filed with the City Clerk, is hereby established as the
City of Cape Canaveral Animal Control Ordinance, and made a
part hereof and all future Amendments and Additions and
Revisions thereto are:
SECTION 2. Pursuant to Section 4-30 of said ordinance, the
City of Cape Canaveral, Florida does hereby designate all public
parks and public beaches as areas in which animals are prohibited.
[Ord. No. 20-82, §1, 2, 21 Dec 83]
SECTION 3. Animal Control Officer shall mean the person
or persons appointed by, contracted with or employed by the Board
of County Commissioners pursuant to Section 4-3 or by the City
of Cape Canaveral, Florida, to carry out the duties and enforcement
of this ordinance.
SECTION 4 . All portions of the City Code in conflict herewith
are hereby repealed.
SECTION 5 . This Ordinance shall become effective immediately
upon its adoption.
§ 701. 01 ANIMALS CONTROLLED § 701.02
CHAPTER 701
ANIMALS CONTROLLED
Sec. 701.01 Use Section 1 of Ord. 20-82
Sec. 701.01A. Use Sect. 2
Sec. 701.02 See Blue Book
[the rest of the page is crossed out]
ANIMAL
CONTROL ACT
BREVARD COUNTY ANIMAL CONTROL
1746 Cedar Street
Rockledge, Florida
631-0610
Code of Brevard County
Chapter 4, Section 4-1
Adopted
JUNE 1982
4-1 Definitions
4-11 License Certificate Required
4-20 Vaccination of Animals
4-21 Administration of Rabies Vaccination
4-27 Running at Large Prohibited
4-28 Animals Creating Nuisance Prohibited
4-30 Animals Prohibited in Parks and Beaches
4-31 Unlicensed Dogs and Cats Prohibited
4-33 Cruelty to Animals Prohibited
4-34 Interfering with Animal Control Officer
4-35 Limitation on Keeping Animals
4-46 Complaints for Violation
4-47 Enforcement for Violation
4-48 Right to Enter Upon Private Property
4-51 Redemption of Impounded Animals
4-52 Disposition of Impounded Animals
4-53 Impounding Fees
4-55 Vicious Animals
4-56 Female Dogs and Cats in Season
4-59 Animals Infected with Rabies
4-60 Report of Person Bitten or Scratched
4-61 Surrender of Animal for Quarantine
4-62 Killing or Removal from Brevard County of Rabid
Animal
4-63 Surrender of Carcass of Rabid Animal
4-69 Disposition of Dead Animals
4-80 Exemptions from Ordinance
4-81 Penalties for Violation of Ordinance
SCHEDULE OF FEES AS FOLLOWS:
Board Fee $3.00 per day
Pickup Fees (First offense) $10.00
Pickup Fees (Second offense) $20.00
Female animals in heat $25.00
Large Animals (Large Livestock) $25.00
Large Animals DOA (DOA Livestock) #25.00
If time exceeds one hour $50.00
License Tags
All Animals (dogs and Cats) $3.00
Replacement Tags (duplicates) $1.00
Maximum penalties for owners $500.00 or 60 days
ORDINANCE NO. 82-22
AN ORDINANCE AMENDING CHAPTER 4, CODE OF
BREVARD COUNTY, FLORIDA, RELATING TO ANIMAL
CONTROL; SPECIFICALLY AMENDING SECTION 4-1
ESTABLISHING NEW DEFINITIONS OF ANIMAL, NOTICE
OF VIOLATION, CRUELTY OFFICER AND ADDING NEW
SUBSECTION (g) DEFINING DANGEROUS ANIMAL AND
NEW SUBSECTION (m) DEFINING VICIOUS ANIMAL;
AMENDING SECTION 4-27 DEFINING RUNNING AT
LARGE; AMENDING SECTION 4-29 TO PROHIBIT
ANIMALS DEFECATING OR URINATING ON PUBLIC PRO-
PERTY; AMENDING SECTION 4-30 PROHIBITING
ANIMALS FROM PARKS AND BEACHES, UNDER CERTAIN
CIRCUMSTANCES; REPEALING SECTION 4-32; AMEND-
ING SECTION 4-33 PROHIBITING CRUELTY TO ANIMALS;
AMENDING SECTION 4-34 PROHIBITING INTERFERENCE
WITH ANIMAL CONTROL OFFICERS; REPEALING SEC-
TION 4-35; AMENDING SECTION 4-46 ESTABLISHING
CRITERIA FOR INVESTIGATIONS OF VIOLATIONS OF
CHAPTER 4; AMENDING SECTION 4-51 ESTABLISHING
CRITERIA FOR REDEMPTION OF IMPOUNDED ANIMALS;
AMENDING SECTION 4-52(a) ESTABLISHING CRITERIA
FOR DISPOSITION OF IMPOUNDED ANIMALS; CREATING
SECTION 4-54 DEFINING DANGEROUS ANIMALS AND
ESTABLISHING CRITERIA FOR THEIR IMPOUNDMENT,
REDEMPTION AND DISPOSITION; AMENDING SECTION
4-55 DEFINING VICIOUS ANIMALS; REPEALING SECTION
4-82; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COM-
MISSIONERS OF BREVARD COUNTY, FLORIDA, as
follows:
Section 1. Section 4-1, Chapter 4, Code of
Brevard County, Florida, is hereby amended to read as
follows:
Sec. 701.02 Definitions.
As used in this chapter:
Animal shall mean any non-human living
creature capable of self-locomotion.
- 1 -
Animal control officer shall mean the person
or persons appointed by, contracted with or
employed by the Board of County Commissioners
pursuant to section 4-3 or by the City of Cape Canaveral, Florida, to carry out the duties
and enforcement of this chapter.
At large shall mean when an animal is off the
premises of the owner and not under the actual
control, custody, charge or possession of the
owner of other responsible person either by
leash, cord or chain. A dog while in use by a law
enforcement agency is exempt from this defini-
tion.
Board shall mean the Board of County Comis-
sioners of Brevard County, Florida.
County health officer shall mean the person
appointed, pursuant to Chapter 154, Florida
Statutes (1975), as amended, as director of the
Brevard County Health Department and his
designated agents.
Cruelty officer shall mean any agent ap-
pointed in compliance with Chapter 828, Florida
Statutes (1975), as amended.
Dangerous animal shall mean any animal
which by reason of its nature constitutes a
hazard or is likely to cause injury to a person or
persons, or other domestic animals, or livestock,
or has bitten a person or persons without pro-
vocation.
Livestock shall include all animals of the
equine, bovine, or swine class and includes
goats, sheep, mules, horses, hogs, or cattle.
Notice of violation shall mean a form used
solely by Brevard County animal control officers
for citing owners of animals or businesses in
violation of this chapter.
Owner shall mean any person, as herein defin-
ed, who owns, keeps, harbors, or controls an
animal.
Person shall mean natural person or persons,
firm, association, or corporation.
Rabies suspect shall mean any warm-blooded
animal which has bitten or scratched any person
or one which is suspected of having or shows
symptons of rabies.
-2-
Vicious animal shall mean any animal which
has shown gross, unprovoked, aggressive
behaviour towards a person or persons, or other
domesticated animal; or any dangerous animal,
as defined in section 4-1(g) above, which has
bitten a person or persons without provocation
subsequent to being declared a dangerous
animal by Brevard County Animal Control.
Sec. 701.03 Establishment of county pound.
This board is empowered and authorized to create, in-
stitute, construct, operate and maintain a county pound or
pounds at locations selected by the Board in order to pro-
vice adequate animal control facilities for the entire coun-
ty, or contract with others to provide for said services.
Sec. 701.04 Animal control director.
The board is empowered and authorized to appoint,
contract with or employ a person to have full and complete
authority to discharge the duties of this office and enforce
the regulations herein. Such person shall be known as the
animal control director of Brevard County. The Board shall
have supervision and control over the duties of the animal
control director.
Sec. 701.05 Bonding.
The animal control director, and all animal control of-
ficers shall give bond in the sum of one thousand dollars
($1,000.00) to faithfully discharge the duties of their
respective offices.
Sec. 701.11 License certificate required.
Every person who owns, keeps or harbors within
Brevard County any dog or cat over the age of (4)
months shall obtain a Brevard County animal license for
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such animal, except that no license shall be issued START HERE unless
such animal has been inoculated against rabies as herein
provided. Such license shall be valid for one year after the
date of vaccination. The license certificates shall have
printed thereon a number which correseponds to a license
identification number required in section 701-12 and the date
and type of vaccine,the name, address and phone number
of the owner, the breed, age, sex, color, and markings of
the animal and other pertinent facts for proper identifica-
tion of the animal.
Sec. 701.12 License tag.
Each dog or cat licenses as provided for in section
701.11 shall be issued a metallic license tag or shall be
marked or tagged by a method approved by the animal
control director. Such tag or mark shall have a license
identification number which correspongs to the number on
the license certificate. The color of the metallic license tag
shall be changed each calendar year. No other license
identification tags or marks shall be valid under the provi-
sions of this chapter. No license identification tags issued
for one animal shall be valid for another animal. The owner
of any animal wearing a license identification tag not
specifically issued to that animal shall be in violation of this
chapter and punished asprovided for in section 4-81 of
this chapter.
Sec. 701.13 Issuance of license certificate and
tag.
The Brevard County license certificate and license tag
or mark shall be issued by:
A. The animal control director.
B. Any veternarian who administers antirabies in-
oculations and who agrees to collect the fee for
the license certificates and license tag. Such cer-
tificates shall be executed in triplicate. A copy of
the license certificate shall be given to the owner
of the animal, to the animal control officer and to
the person administering the incoluation. The
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copy retained by the veterinarian shall be doomed
to be the certificate of vaccination required in
section 4-21(b).
Sec. 701.14 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.
The owner of any animal not wearing a license tag shall be
in violation of this chapter and punished as provided for in
section. 701.81.
Sec. 701.15 Cost of license.
The cost of each Brevard County animal license shall
be established by resolution of the Board.
Sec. 701.16 Issuance of replacement tag.
In the event of loss or destruction of the metallic
license tag issued pursuant to section 701.12, the owner
shall obtain a replacement tag. The replacement tag shall
be issued at a cost as established by resolution of the
board.
Sec. 701.18 Exceptions to licensing require-
ments.
A. The licensing requirements of this chapter in-
sofar, as they require the payment of a fee for a
license tag shall not apply to dogs trained to
assist or aid disabled or handicapped persons;
provided, however, such dogs are actually being
used for the purpose of assisting or aiding such
persons.
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B. The licensing requirements of this chapter shall
not apply to animals whose owners are not
residents of Brevard County. For purposes of this
chapter, any person who shall live in Brevard
County for more than twenty-eight (28) con-
secutive days shall be deemed to be a resident of
Brevard County.
Sec. 701.20 Vaccination of animals.
Each year every person who shall own, keep or harbor any
dog or cat over the age of four (4) months within Brevard
County shall have such animal vaccinated against rabies
by a vet licensed by the State of Florida. Only antirabies
vaccines that are produced or manufactured by authorities
licensed by the United States Department of Agriculture
may be used to vaccinate said animals.
Sec. 70121 Administration of rabies vaccina-
tion.
All veterinarians actively engaged in the practice of
veterinary 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.
Sec. 701.22 Exceptions to vaccination require-
ments.
No dog or cat shall require vaccination if:
A. A licensed veterinarian has examined the animal
and certified that at such time vaccination would
endanger its health because of its age, infirmity,
disability, illness, or medical considerations; and
B. A certificate evidencing such exception be
presented to the animal control officer within give
(5) days of such examination.
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Such exempt animal shall be vaccinated against
rabies as soon as its health permits, and then shall be
licensed as required in section 701.11.
Sec. 701.23 Cost of vacciantion.
The cost of the rabies vaccination shall be borne by
the owner of the animal.
Sec. 701.27 Running at large prohibited.
A. Any person who owns, keeps, or harbors any
animal, whether licensed or unlicensed, found at
large, as defined in section 701.02, shall be guilty
of a misdemeanor, punishable as provided for in
section 701.81.
B. Any animal found at large by an animal control of-
ficer shall be impounded by such officer.
Sec. 701.28 Animals creating nuisance pro-
hibited.
Any person, firm, corporation or buisness that owns,
keeps or harbors any animal which is found to have done
any of the following acts shall be deemed in violation of
this section, and shall be guilty of a misdemeanor and
shall be punished as provided in section [crossed-out-text] of this
chapter. The following are the offenses that are deemed to
create a nuisance:
A. Any animal which barks, or whines, or howls, or
causes other objectional noise;
B. Any animal that is at large as defined in this
chapter;
C. Any animal that chases or runs after persons or
vehicles;
D. Any animal that destroys or damages property of
any person;
E. Any animal that causes serious annoyance to a
neighboring resident and interferes with the
reasonable use and enjoyment of such resident's
property.
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Sec. 701.29 Animals defecating, urinating upon
public property.
Any animal which defecates or urinates upon any
public property, or property open to the public, except the
property or premises of the owner of such animal, shall
constitute a violation of this chapter.
Sec. 701.30 Animals prohibited in parks and on
beaches.
No animal shall be allowed into or on any public park
or beach in the country, unless specifically authorized by
the Board by resolution designating public park or beach
areas where such animals shall be permitted. Parks and
beach areas so designated shall be properly identified and
posted. Any animal found in a park or on a beach not
designated for such animal shall be deemed a violation of
this chapter, and the owner threreof shall be punished as
provided for in section [crossed-out text] of this chapter. Dogs trained
to assist or aid disabled or handicapped persons, when
such dogs are actually being used to assist or aid such
persons, shall not be prohibited from any park or beach.
Sec. 701.31. Unlicensed dogs and cats
prohibited.
Any person who shall own, keep or harbor any dog or
cat within Brevard County which is not licensed as provid-
ed in this chapter shall be guilty of a misdemeanor and
punished as probided for in section 701.81.
The lack of a license tag on the collar or harness of a dog
or cat or lack of approved license marking shall be deemed
prima facie evidence that the animal has not been licensed
or vaccianted and evidence of the violation of this chapter.
Sec. 701.33 Cruelty to animals prohibited.
A. Any person, whether owner or otherwise, who
shall knowingly or negligently deprive of
-8-
necessary sustenance, food, water, or shelter,
cruelly beat or whip, torture, mutilate, poison,
kill, overdrive, overwork, overload, or otherwise
ill use or endanger the life of any animal, or cause
or procure the same to be done by others, shall
be guilty of a misdemeanor and punished as pro-
vided for in section 701.81.
B. In the event any animal or animals are found to be
cruely treated, in need of immediate medical at-
tention or suffering from lack of water of food, an
animal control officer shall have the right to im-
pound such animal or animals. Any animal or
animals taken to and placed in the custody of a
veterinarian shall be considered impounded as
provided for in section [crossed-out text] of this chapter. The
impoundment period shall commence as of the
date the animal is placed with a veterinarian.
When the animal or animals have been released
by the veterinarian, and the owner has not
redeemed such animal, impoundment shall con-
tinue as provided in sections 701.51 and 701.52.
C. If any animal is found to be in need of medical at-
tention; and this attention is not provided by the
owner or person in possession or control of such
animal within a period of twenty-four (24) hours
from the time of notification by an animal control
officer or cruelty officer, the owner or person or
persons in possession or control of such animal
shall be guilty of a misdemeanor, punishable as
provided for in section 701.81.
Sec. 701.34 Interfering with animal control
officer; releasing animal pro-
hibited.
Any person who shall in any manner interfere with,
hinder, resist, obstruct, or molest an animal control officer
or cruelty officer in the performance of his duty, or
without authority under this chapter, seek to release or
remove any animal from the custody of the animal control
officer, cruelty officer, or county pound, shall be guilty of a
misdemeanor and punished as provided in section 701.81.
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Sec. 701.46 Investigation of violations.
A. An animal control officer shall investigate all com-
plaints of alleged violations of this chapter to
determine whether there is a probable cause to
believe a violation of this chapter has occurred.
In the event the animal control officer concludes
that such probably cause does exist, the in-
vestigating animal control officer shall enforce
this chapter, pursuant to the provisions of sec-
tion 701.47.
B. Any violation of this chapter personally witnessed
by an animal control officer shall be sufficient
cause for a notice of violation to be issued to the
owner or person in possession or control of such
animal, pursuant to section 701.47.
Sec. 701.47 Enforcement for violation.
A. The animal control officer shall impound any
animal found to be cruelly treated as defined in
section 701.33, or any animal suspected or be-
lieved to be infected with rabies or any infectious
disease. Each animal so apprehended which is
suspected to have or exhibits symptoms of hav-
ing rabies or any infectious or contaigous disease
shall be segregated from other animals so as to
prevent said animal from coming in contact with
any other animal. Any animal(s) impounded
under the provisions of this section without the
owner's consent may be taken to a veterinarian
for examination and conformation of the alleged
cruel treatment or contaigous or infectious
disease.
B. The animal control officer shall, in the event any
animal(s) is deemed in violation of this chapter or
is owned, kept, harbored or maintained in viola-
tion of this chapter, issue a citation to the other
of such animal. Such violation shall state the date
and time of the issuance of the violation, the
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name and adress of the person(s) in violation,
the date(s) o the offense(s), the offense(s) com-
mitted, 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 offense(s), the impounding officer shall file a
complaint against the person(s) in violation of
this chapter with the state attorney's office
located in Brevard County.
Sec. 701.48 Right to enter upon private
property.
For purposes of discharging the duties imposed by
this chapter, including the investigation of violations and
for enforcement of provisions, animals control officers,
cruelty officers and the county health officer are em-
powered to enter upon and 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 animal be exhibited to
said officer. Animal control officers, cruelty officers and
the public health officer shall be empowered to enter upon
private property, including fenced enclosures, but not a
dwelling house or structure, for the purpose of appre-
hending a rabies suspect animal, animals in need of im-
mediate medical attention including cruelly treated
animals, vicious animal(s) not property controlled by the
owner, and animals at large if such at-large animal is on the
property of a person other than the owner. Refusal by any
property owner to allow such officers to enter upon such
person's property as authorized by this section shall con-
stitute a violation of this chapter and the property owner
shall be punished as provided for in section [crossed-out text]. Animal
control officers, cruelty officers and the public health of-
ficer shall be immune from prosecution, civil or criminal,
for reasonable, good faith tresspass upon real property as
authorized by this section.
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Sec. 701.51 Redemption of impounded animals.
A. If any animal is impounded and such animal is
not redeemed within five (5) days after impound-
ment, the animal control officer, without notice to
the animal as provided for in section 701.52. pro-
vided, however, that if the owner of the animal is
known to the animal control officer by
reason of some marking or collar attachment on
the animal, the animal control officer shall notify
the owner that the animal has been impounded
and the owner may redeem the animal within five
(5) days of notification. The final day of the five
(5) day period shall occur only on a day on which
the county pound is open for normal operating
activities. The animal control officer shall give
written notice under this section by the United States
mail or by other appropriate delivery method. The
depositing of a letter of notification int he United
States mail shall constitute notification.
B. The owner or owner's agent shall be entitled to
resume possession of any impounded animal,
upon compliance, if applicable, with the licensing
provisions on this chapter 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 in-
clude a license receipt, affidavits of neighbors,
photographs, or other reliable documentary
evidence.
C. This section shall not apply to animals impound-
ed pursuant to section 701.54, 701.55, and
section 701.60.
Sec. 701.52 Disposition of animals.
A. Any animal impounded under the provisions of
this chapter, except where otherwise provided
under section 701.54, section 701.55, or section 701.60[that might actually say 701.61],
and where such animal is not
redeemed as provided for in section 701.51, shall
become the property of Brevard County, Florida.
The animal control officer shall humanely destroy
such animal, or transfer its title to the agency
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with which the county has contracted to operate
and maintain the county pounds for disposition.
The humane society or any person receiving
custody of the animal shall report the sale and the
name of the new owner to the animal control of-
ficer and shall keep records of any transfers of
such animals.
B. The animal control officer shall provide for the im-
mediate disposal of sick, injured or diseased
animals unless such animal is duly licensed or, in
the case of livestock, prominently branded with a
brand which as been reported to, and is cur-
rently listed with Brevard County Animal Control.
Licensing must be pursuant to section 701.11.
Licensed animals or livestock
branded in accordance with this section which
are sick, diseased, or have been injured will be
taken to a veterinarian and the owner shall be
notified as provided for in section 701.51.
Sec. 701.53 Impounding fees.
Any person seeking to redeem or reclaim any animal
or livestock or ownership of any animal or livestock shall
pay the impoundment fees as shall be established from
time to time by the Board by resolution.
701.54 Dangerous animals.
A. Whenever the animal control direction of Brevard
County determines that an animal is dangerous,
as defined in Section 701.02, the
animal control director shall notify, in writing by
United States mail or other appropriate means,
the owner, if known, of such animal that such
animal has been declared dangerous. Said notice
shall include the basis for the determination that
such animal is dangerous, a description of the
animal, and shall set forth the duty or the owner
to control such animal. The owner may request a
hearing on the animal control director's declara-
tion that an animal is dangerous, pursuant to pro-
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cedures established by the Board of County Com-
missioners by resolution.
B. Any animal which has been declared dangerous
by Brevard County Animal Control shall be con-
fined in a building or secure enclosure and shall
not be allowed to run at large. The owner of any
dangerous animal which is not confined in a
building or secure enclosure, or any person who
shall release, either willfully or through failure to
exercise due care or control, [written text saying "start here"] or take such animal
out of such building or secure enclosure, and
thereby allow such animal to run at large, shall
be guilty of a misdemeanor, punishable as pro-
vided for in section 701.81.
C. Any animal declared dangerous which has been
impounded under the provisions of this chapter
may not be redeemed unless the onwer has com-
plied with the provisions of section 701.51, and has
submitted to Brevard County Animal Control an
affidavit signed by the owner, in which the owner
specifically acknowledges that Brevard County
has declared the animal dangerous, recites the
duty of the owner to confine such dangerous
animal, and acknowledges the authority of
Brevard County to take possession and legal title
to such animal if it has bitted a person or per-
sons, without provocation, subsequent to being
declared a dangerous animal under this section.
D. The animal control director of Brevard County
shall revoke a declaration of dangerous animal
where the owner of such animal declared
dangerous provides Brevard County Animal Con-
trol with evidence of successful completion by
the owner and said animal of an obedience train-
ing course approved by Brevard County Animal
Control, and said animal has not been picked up
or impounded by Brevard County Animal Control
for a period of not less than eighteen (18) months
subsequent to being declared dangerous.
E. Any dangerous animal not confined as herein
provided shall be impounded. If such dangerous
animal is not redeemed as provided herein within
five (5) days, or has been declared vicious,
under the provisions of section 701.55
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, Brevard County shall be deemed to be
the owner and have legal title to such animal.
Where Brevard County is deemed to be the owner
of such animal, an animal control officer may
have title to such animal transferred to any public
or private zoo, public law enforcement agency
within the State of Florida, any agency with
which the county has contracted to operate and
maintain the county pounds, or such other in-
dividual, institution, or agency by which action
the animal shall no longer pose a threat or hazard
to the health, safety, or welfare of the citizens of
Brevard County, or shall humanely destroy such
animal.
F. The provisions of this section shall not apply to
properly licensed and rabies vaccinated guard
dogs employed to protect business
establishments, unless the owner fails to provide
adequate security to preclude escape of the
animal from the business enclosure, or fails to
secure the animal in such a manner as to keep
the animal from coming into contact with the
public during normal business hours.
Sec. 701.55 Vicious animals.
A. Where an animal has been declared vicious, as
defined in section 701.02, by the
animal control director of Brevard County, siad
vicious animal shall be impounded and Brevard
County shall be deemed to be the owner of and
have legal title to such animal. Where Brevard
County is deemed to be the owner of such
animal, the animal control director may have title
to such animal transferred to any public or
private zoo, public law enforcement agency with
the State of Florida, any agency with which the
county has contracted to operate and maintain
the county pounds, or such other individual, in-
stitution, or agency by which action the animal
shall no longer pose a threat ot hazard to the
health, safety, or welfare of the citizens of
Brevard County, or shall humanely destroy such
animal.
-15-
B. The owner shall be notified by Brevard County
Animal Control in writing by Unired States mail or
other appropriate means when an animal is
declared vicious under the provisions of this sec-
tion. The letter shall state the dates of previous
bites, if known, the basis for the classification of
such animal as vicious, a descrption of the
animal, and recite the authority under the provi-
sions of this chapter for Brevard County to take
title to said vicious animal. An owner may request
a hearing on the animal control director's
declaration that an animal is vicious, pursuant to
procedures established by the Board of County
Commissioners by resolution.
C. The provisions of section 701.55(A) and section
701.55(B) do not apply to properly licensed and
rabies vaccinated guard dogs employed to pro-
tect business establishment, unless the owner
fails to provide adequate security to preclude
escape of the animal from the business enclosure
or fails to secure the animal in such manner as to
keep the animal from coming into contact with
the public during normal buisness hours.
Sec. 701.56 Female dogs and cats in season.
The owner of any female dog or cat in heat which is
not kept confined in a building or reasonably secure
enclosure, veterinary hospital, or boarding kennel in such
a manner that such female dog or cat cannot come in con-
tact with another dog or cat except for intentional breeding
purposes, shall be guilty of a misdemeanor and punished
as provided for in section 701.82. Any female
dog or cat not confined as herein provided shall be im-
pounded and shall not be redeemed during said period of
heat. When such female dog or cat shall be redeemed, the
animal control officer shall charge an impounding fee as
shall be established from time to time by the Board.
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Sec. 701.59 Animals infected withr abies.
It shall be the duty of the owner of and any person
knowing of any animal infected with or showing suspicious
symptoms of rabies or any unusual behavior to immediate-
ly upon gaining such information of the existence of such
disease to report the same to the Florida Department of
Agriculture, Division of Animal Industry, as required by
Section 585.19, Florida Statutes, and to the county health
office.
Sec. 701.60. Report of person or animal bitten or
scratched by suspected infected
animal.
Whenever the county health office shall be informed
that any animal has bitten or scratched any person or is
suspected of having or shows supicious symptoms of
rabies or any other contaigous disease it shall be the duty
of said county health officer to require that:
A. The animal control officer shall capture such
animal alive. However, such animal may be killed
if its capture cannot be effectuated in any other
way or if in its capture a clear and present danger
of harm or injury to the animal control officer or
other persons exists. Such animal, if it is a
domestic animal, shall be placed in quarantine
for observation for a period of ten (10) days. If
such domestic animal, or animal domesticated
from the wilds was killed during its capture or if
such animal dies during the quarantine period
the county health officer shall cause the deatch-
ment without mutilation, and send to the state
board of health laboritories for pathological ex-
amination, the head of any animal which has bit-
ten or scratched any person if in the opinion of
the county healty officer, such animal is
suspected to have or shows suspicious symp-
toms of rabies. If such animal is a wild animal
and if in the opinion of the county health officer
the animal is suspected of having rabies or any
other contaigous disease then such officer shall
upon capture cause the detachment without
-17-
mutilation and send to the state board of health
laboratories the head of such animal.
B. The quarantine shall be maintained in the county
pound or at the owner's request, ina veterinary
hospital of his choice. Any animal uner quaran-
tine shall not be released or moved from the place
of the initial quarantine confinement except when
authorized by the county health officer. The
owner, if any, shall bear the cost of the care,
feeding and maintenance of such animal during
quarantine, which cost shall be established by
resolution of the Board of County Commissioners.
C. If the report of the pathological examination in-
dicates a positive diagnosis of rabies, the county
health officer shall invoke an areawide quarantine
for a minimum period of sixty (60) days. During
such quarantine the owner of any animal in the
quarantine area shall confine such animal to his
property and shall not permit the animal, under
any circumstances, off his property.
D. The owner of any dog or cat vaccinated with an
approved antirabies vaccine within the past
twelve (12) months, except such dog or cat ex-
empted from the vaccination in section 701.22,
after receiving approval of the county health of-
ficer, may have such dog or cat quarantined and
confined in a place other than that specified in
section 701.60(B) provided the person bitten or
scratched, his parent or legal guardian or his
physician does not object.
E. If the animal is quarantined at a place other than
the places specified in section 701.60(B), and at
any time during the quarantine it is determined
by the county healty officer that the quarantine is
not properly maintained in order that the quarantine is
not property maintained in order to insure isola-
tion of the animal, the privilege of this exemption
shall become inapplicable and the owner shall be
guilty of a misdemeanor and punished as provid-
ed for in section 701.81. In the event
this exemption shall become inapplicable, the
animal control officer, at the owner's expense,
shall impound the animal in the county pound.
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Sec. 701.61. Surrender of animal for quarantine
or destruction.
Any person who shall fail to surrender any animal for
quarantine or destruction as required herein, when de-
mand is made therefor by the county health officer or the
animal control officer at the direction of the county health
officer, shall be guilty of a misdemeanor and punished as
provided for in section 701.81.
Sec. 701.62 Killing or removal from Brevard
County of rabid animal.
Any person, without the consent of the county health
officer and except as provided in section 701.60(A), who
shall kill, or cause to be killed, or removed from Brevard
County, Florida, any animal suspected of having or show-
ing suspicious symptons of rabies or any other infectious
or contaigous disease or unusual behavior, or any animal
biting a human, shall be guilty of a misdemeanor and
punished as provided in section 701.81.
Sec. 701.63 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 section 701.81.
Sec. 701.69 Disposition of Dead Animals.
A. Any dead animal weighing more than one hun-
dered (100) pounds, or any animal killed or found
dead on public property, or any other dead
animal, upon request of the owner,s hall be
disposed of by the animal control officer.
B. Any person may, on his own real property, bury
or dispose of any dead animal weighing one hun-
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dred (100) pounds or less; provided such person
complies with the rules and regulations for the
disposition of dead animals established by the
Brevard County Health Department.
C. The animal control officer shall charge a disposal
fee as shall be established from time to time by
the Board.
Sec. 701.79 Animal control records required.
A. It shall be the duty of the animal control officer to
keep, or cause to be kept, accurate and detailed
records of the licensing, impoundment, and
disposition of all animal coming into his
custody.
B. It shall be the duty of the animal control officer to
keep, or cause to be kept, accurate and detailed
records of all monies belonging to Brevard Coun-
ty. Such records shall be open to inspection at
reasonable times by such persons responsible for
similar records of Brevard County, and shall be
audited 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
records of all bite cases reported to him, and the
investigation of same.
Sec. 701.80 Exemptions.
Hospitals, clinics and other premises, except ken-
nels, operated by licensed veterinarians for the care, and
treatment of animals are exempt from the provisions of
section 701.11 through 701.16, except where
expressly stated; provided, however, that this section
shall not be deemed to preclude a kennel or pet shop, as
herein defined, from existing at the location of exempt
facilities.
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Sec. 701.81 Penalties.
Any person violating or deemed in violation of any of
the provisions of this chapter, shall be guilty of a misde-
meanor and punished by a fine or not more than five hun-
dered dollars ($500.00) or by imprisonment inthe county
jail for not more than sixty (60) days, or by both fine and
imprisonment. Each day or fraction thereof the violation
continues shall be considered as a separate offense. Pro-
vided, however, that where said person has been cited
pursuant to section 701.47, this section shall
not be applicable until the expiration of the seventy-two-
hour period prescribed on the citation.
Sec. 701.83 Operative in unincorporated areas;
agreements with municipalities.
This chapter shall apply to and be enforced in all
areas of Brevard County, Florida, not within the bound-
aries 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 pro-
vide for the employment of any personnel and for the use
of any facilities provided for in this chapter; provided that
no agreement made by the Board shall be operative and ef-
fective unless the municipality which is or is to be a party
to the agreement made by the Board shall be operative and ef-
fective unless the municipality which is or is to be a party
to the agreement has duly adopted and enacted the provi-
sions of this chapter. Any such municipality may adopy
and enforce additional regulations governing animal con-
trol within the boundaries of such municipality; provided,
that any such municipal regulations shall not conflict with
the provisions of this chapter, and that the personnel
necessary for and costs of enforcement of such additional
municipal regulations shall be borne by the municipality.
Sec. 701.84 Severability.
The provisions of this chapter shall be deemed to be
separate and independent of all other provisions herein
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and if any provisions of this chapter are declared invalid or
void for any reason, the invalidity thereof shall not affect
the remaining provisions of this chapter.
[Ord. No. 20-82, 21 Dec 82]
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City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 305 783-1100
CITY OF
CAPE CANAVERAL
August 26 , 1986
R.C. Winstead, Clerk of the Court
Post Office Drawer H
Titusville, FL 32780
Att: Criminal Law
Gentlemen:
Enclosed is a certified copy of the City' s Animal
Control Ordinance No. 11-86. The City would like to
pursue the collection of delinquent animal control
citations through your office. Enclosed please find
a copy of one delinquent citation.
If there are any further procedures or questions
concerning this matter, please contact me at the above
address.
Sincerely,
[signature]
Bennett Boucher
Finance Director
BB:ab
Attachment
cc: City Manager
City Attorney
City Clerk
CITY OF CAPE CANAVERAL
105 Polk Avenue
Cape Canaveral, FL 32920
NOTICE OF VIOLATION
To ROBERT E. MARTIN
DOB 07-20-53
Sex M
Race W
601 JEFFERSON #6
Height 6'00
Weight 155
CAPE CANAVERAL, FLA
Eyes Bro
Hair Bro
On 07-06-86
at 9:45 A.M. you committed
a violation of City Ordinance, Section 701.30
by TAKING DOG ON BEACH AT EAST END OF
JEFFERSON AVE, CAPE CANAVERAL
DESCRIPTION OF ANIMAL AS FOLLOWS:
TYPE SHEPERD
BREED CANINE
COLOR WHITE
SEX MALE
SIZE: LARGE
You have been issued this "Notice of Violation" which may be satisfied by voluntary payment
of a fine of $35.00 within ten (10) days at the Cape Canaveral City Hall. If the notice is not
timely satisfied, formal charges for the alleged violation shall be filed with the State Attorney.
This notice of violation is issued pursuant to the provision of Sec. 701.05, Cape Canaveral City
Code.
NOTICE ISSUED AT 9:50 A.M. ON 07-06 1986
C/R 86-40376
X Robert Martin
SIGNATURE OF VIOLATOR
A. Weaver
LAW ENFORCEMENT OFFICER/ANIMAL CONTROL
[illegible] BSCO
#ID
CCP
ORDINANCE NO. 11-86
AN ORDINANCE AMENDING CHAPTER 701, "ANIMALS
CONTROLLED" , OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING
THE LATEST BREVARD COUNTY ANIMAL CONTROL
REGULATIONS; DESIGNATING ALL PUBLIC PARKS AND
BEACHES AS AREAS IN WHICH ANIMALS ARE
PROHIBITED; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, has previously adopted
the Brevard County Animal Control Ordinance; and
WHEREAS, Brevard County has recently amended its animal
control ordinance; and
WHEREAS, the City of Cape Canaveral wishes to insure
uniformity in its animal control regulations;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. Chapter 701 of the Code of Ordinances of the
City of Cape Canaveral is hereby repealed in its entirety and
replaced with the following:
CHAPTER 701
ANIMALS CONTROLLED
Sec. 701. 01 Animal Control Ordinance Adopted. The
Brevard County Animal Control Ordinance, as amended,
is hereby adopted by reference as though it was copied
herein fully.
Sec. 701. 03 Animal Control Officer. Wherever the
term "Animal Control Officer" is used in the Brevard
County Ordinance, it shall be construed to mean the
person or persons appointed by, contracted with or
employed by the Brevard County Board of County
Commissioners or by the City of Cape Canaveral,
Florida, to carry out the duties and enforcement of
this Chapter.
Sec. 701. 05 Animals Prohibited in Parks and on
Beaches . No animal shall be allowed in any public
park or on any beach in the City . of Cape Canaveral,
unless a specific park or beach area is designated as
an area where animals shall be permitted. Such
designation shall be by Resolution adopted by the City
Council. Parks and beach areas so designated shall be
properly identified and posted. Any animal found in a
park or on a beach not designated for such shall be
deemed a violation of this Chapter, and the owner
thereof shall be punished by issuance of a citation by
the Animal Control Officer, or a Law Enforcement
Officer with jurisdiction in the City of Cape
Canaveral . Such citation shall result in a fine of
thirty-five dollars ( $35. 00 ) . Failure to either pay
ORDINANCE NO. 11-86
PAGE 1 OF 2
the fine or establish a public hearing date within ten
(10) days of issuance of the citation shall result in
the citation being transferred to the State Attorney' s
Office and shall be considered to be punished as
provided for in Sec. 801. 01. Dogs trained to assist
or aid disabled or handicapped persons, when such dogs
are actually being used to assist or aid such persons,
shall not be prohibited from any park or beach.
Sec. 701. 07 Penalty. Any person convicted of a
violation of this Chapter shall be punished as provided
in Sec. 801. 01.
SECTION 2 . The provisions of this Ordinance shall be deemed
to be separate and independent of all other provisions contained
herein and if any provisions of this Ordinance are declared
invalid or void for any reason, the invalidity thereof shall not
affect the remaining provisions of this Ordinance.
SECTION 3 . All portions of the Code in conflict herewith
are hereby repealed.
SECTION 4 . This Ordinance shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 15th day of April , 1986.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: April 1, 1986
Posted: April 2, 1986
Advertised: April 5, 1986
Second Reading: April 15, 1986
NAME YES NO
FISCHETTI YES
LEE YES
MARCHETTI YES
NICHOLAS YES
ORDINANCE NO. 11-86
PAGE 2 OF 2
STATE OF FLORIDA
COUNTY OF BREVARD
This is to certify that the following
is a true and current copy of
Ordinance No. 11-86
witness my hand and [faded text]
26th day of August 1986
[Janet S. Leeser's signature]
City Clerk - City of Cape Canaveral, FL
CITY OF CAPE CANAVERAL
100 POLK AVENUE P.O. BOX 326
CAPE CANAVERAL, FL 22920
(305) 783-1100 DATE April 21, 1986
TO Inspector George Wilson SUBJECT ANIMAL CONTROL ORDINANCE
FROM City Clerk, Jan Leeser
Attached please find a copy of Ordinance No. 11-86 which was recently adopted by the Cape
Canaveral City Council. This Ordinance adopts the current Brevard County Animal Control
Regulations and establishes a $35.00 fine for the owner of animals which are on the beach
or in City Parks. The tickets have been ordered.
MESSAGE SIGNED Jan Leeser, City Clerk
REPLY SIGNED DATE
DETACH AND RETAIN THIS COPY
6 Workshop file
ORDINANCE NO. 85-32
AN ORDINANCE AMENDING CHAPTER 4 , CODE OF BREVARD
COUNTY, FLORIDA; SPECIFICALLY AMENDING SECTION
4-1 , TO ADD NEW DEFINITIONS; AMENDING SECTION
4-2, TO SUBSTITUTE THE WORD "SHELTER" IN PLACE
OF THE WORD "POUND" ; AMENDING SECTION 4-3 , TO
CLARIFY THE POSITION OF ANIMAL CONTROL DIRECTOR;
AMENDING SECTION 4-4 , TO INCREASE BONDING
REQUIREMENTS; ADDING NEW SECTION 4-5 , TO BE
ENTITLED ENFORCEMENT OFFICERS; ADDING NEW SECTION
4-6 , TO BE ENTITLED TRAINING PROGRAM; AMENDING
SECTION 4-12 , TO CHANGE THE SHAPE OF LICENSE
TAGS AND REQUIREMENTS THEREFOR; AMENDING
PARAGRAPH (A) OF SECTION 4-13, TO ADD DESIGNEES;
AMENDING SECTION 4-14 , TO AMEND REFERENCE TO
PUNISHMENT FOR VIOLATIONS; AMENDING SECTION 4-18 ,
TO CLARIFY EXEMPTIONS TO LICENSING; AMENDING
SECTION 4-20 , TO REFER TO STATE VACCINATION
REGULATIONS; AMENDING SECTION 4-21 , TO CHANGE
ADMINISTRATION OF RABIES VACCINATION PROCEDURES;
AMENDING SECTION 4-22 , TO ADD ADDITIONAL EXEMPTIONS
TO THE VACCINATION REQUIREMENTS; AMENDING SECTION
4-27 , TO AMEND REFERENCES TO PUNISHMENT FOR
VIOLATIONS THEREOF; AMENDING SECTION 4-28 , TO
PROVIDE NEW DEFINITION TO CONDUCT WHICH IS
CONSIDERED A VIOLATION OF SAID SECTION AND TO
AMEND REFERENCES TO PUNISHMENT FOR VIOLATIONS
THEREOF; AMENDING SECTION 4-29 , TO AMEND REFERENCES
TO PUNISHMENT FOR VIOLATIONS THEREOF; AMENDING
SECTION 4-30 , TO PROVIDE AN EXEMPTION TO THAT SECTION
AND TO AMEND REFERENCES TO PUNISHMENT FOR VIOLATIONS
THEREOF; AMENDING SECTION 4-31 , TO AMEND REFERENCES
TO PUNISHMENT FOR VIOLATIONS THEREOF; AMENDING
SECTION 4-33 , TO ADD ADDITIONAL CONDUCT WHICH WOULD
BE IN VIOLATION OF SAID SECTION; AMENDING SECTION
4-34 , TO AMEND REFERENCES TO OFFICERS THAT SECTION
APPLIES; AMENDING SECTION 4-46 , TO INCLUDE CITATION
AUTHORITY OF ENFORCEMENT OFFICERS; AMENDING SECTION
4-47 , TO ADD CITATION POWERS, POLICIES AND PROCEDURES
BY ENFORCEMENT OFFICERS; AMENDING SECTION 4-48 , TO
AMEND AUTHORITY OF OFFICERS TO ENTER ON PRIVATE
PROPERTY AND TO ELIMINATE PUNISHMENT; AMENDING
SECTION 4-52 , TO ADD A DISPOSITION PROCEDURE FOR
LIVESTOCK AND TO ADD CLARIFYING LANGUAGE; AMENDING
THE FORMER SECTION 4-54 , TO RENUMBER IT AS SECTION
4-55 ; CREATING A NEW SECTION 4-54 TO BE ENTITLED
HAZARDOUS ANIMALS; AMENDING THE FORMER SECTION
4-55, TO BE RENUMBERED AS SECTION 4-56 , AND TO
CORRECT THE WORDING THEREOF; AMENDING THE FORMER
SECTION 4-56 , TO BE RENUMBERED AS SECTION 4-57 ,
AND TO AMEND REFERENCE TO PUNISHMENT FOR VIOLATIONS
THEREOF, CORRECTING THE WORDING THEREOF; AMENDING
SECTION 4-60 TO AMEND REPORTING AND QUARANTINE
REQUIREMENTS FOR RABIES AND CONTAGIOUS DISEASES;
AMENDING SECTION 4-61 , TO CLARIFY THE INTENT
STANDARDS; AMENDING SECTION 4-62 , TO AMEND
REFERENCES TO PUNISHMENT FOR VIOLATIONS
THEREOF; AMENDING SECTION 4-63 , TO AMEND
REFERENCES TO PUNISHMENT FOR VIOLATIONS
THEREOF; AMENDING SECTION 4-69 , ALLOWING THE
DISPOSAL OF ANIMALS ON OWNERS PROPERTY UNDER
CERTAIN CIRCUMSTANCES AFTER PAYMENT OF FEE;
AMENDING SECTION 4-80 , TO REFERENCE ANIMAL
CARE FACILITIES; AMENDING SECTION 4-81 , TO ADD
CITATION AUTHORITY TO PENALTY PROVISIONS AND
PROVIDING AN EFFECTIVE DATE.
Officially filed with
The State of Florida
October 17, 1985
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA, as follows :
Section 1 . Section 4-1 , Code of Brevard County, Florida
is hereby amended to add new subsections , amend existing
subsections , and reletter the subsections in alphabetical
order.
Section 4-1 . Definitions .
As used in this chapter:
(a) Animal shall mean any nonhuman living creature
capable of self-locomotion.
(b) Animal Control Officer shall mean the person or persons
appointed by, contracted with or employed by the Board of County
Commissioners pursuant to Section 4-3 to carry out the duties
and enforcement of this chapter.
(c) At large shall mean when an animal is off 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 or chain. A dog while in use by a law enforcement
agency is exempt from this definition.
(d) Board shall mean the Board of County Commissioners
of Brevard County, Florida.
(e) Cruelty officer shall mean any agent appointed in
compliance with Chapter 828 , Florida Statutes (1975 ) , as amended.
(f ) Dangerous animal shall mean any animal which by reason
of its nature constitutes a hazard or is likely to cause injury
to a person or persons, or other domestic animals , or livestock,
or has bitten a person or persons without provocation.
(g) Domestic animal shall include any equine or bovine
animal, goat, sheep, swine, dog, cat, poultry or other domesticated
beast or bird.
(h) Exposure shall mean any direct or indirect contact
with an animal which is found to have been infected with or
suspected of having rabies .
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Direct contact shall include, but is not limited to, a bite,
scratch, licking, carrying, mating or other physical contact
between the infected or suspected animal or its saliva and the
exposed animal. Indirect contact shall include, but not be
limited to, use of bedding material , food or water containers,
contaminated earth, litter or other material by both the
infected or suspected and exposed animal .
( i ) Hazardous animal shall mean any animal which by reason
of its disposition, or training, or as a result of an incident
in which a question of provocation exists , or as a result of
an incident in which an animal followed its normal natural
instincts and is capable of or has inflicted minor injury to a
person or persons , without apparent provocation.
( j ) Livestock shall include all animals of the equine,
bovine, ovine, caprine, swine, water fowl, poultry class , or any
animal kept for commercial or exhibition purposes .
(k) Non-domestic animal shall mean any animal, except
those defined as domestic or any member of the species homo
sapiens .
( 1) Notice of violation shall mean a form used solely
by Brevard County animal control officers for citing owners
of animals or businesses in violation of this chapter.
(m) Owner shall mean any person, as herein defined, who
owns , keeps, harbors , or controls an animal.
(n) Person shall mean natural person or persons , firm,
association or corporation.
(o) Public Health Unit Director shall mean the person
appointed, pursuant to Chapter 154 , Florida Statutes (1975 ) ,
as amended, as director of the Brevard County Public Health
Unit and his designated agents .
(p) Quarantine shall mean an official order that limits
the freedom of movement and provides for proper observation
of animals , which is necessary in order to prevent the spread
of a notifiable disease or other disease condition.
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The Public Health Unit Director shall determine which animals
are subject to quarantine and shall issue appropriate
instructions in accord with accepted public health practice.
(q) Rabies suspect shall mean any warmblooded animal which
has bitten or scratched any person or one which is suspected
of having or shows symptoms of rabies.
(r) Shelter shall mean the equivalent of a Brevard County
Animal Shelter, or any agency or organization with which the
Board has contracted for shelter services.
(s) Vicious animal shall mean any animal which has shown
gross, unprovoked, aggressive behavior towards a person or persons
or other domesticated animal; or any dangerous animal, as defined
in Section 41(g) above, which has bitten a person or persons
without provocation subsequent to being declared a dangerous
animal by Brevard County Animal Control.
Section 2. Section 4-2, Code of Brevard County, Florida,
is hereby amended to read as follows:
Section 4-2. Establishment of county shelter.
The board is empowered and authorized to create, institute,
construct, operate and maintain a county shelter or shelters
at locations selected by the board in order to provide adequate
animal shelter facilities for the entire county, or contract
with others to provide said services.
Section 3. Section 4-3, Code of Brevard County, Florida,
is hereby amended to read as follows:
Section 4-3. Animal Control Director.
The board is empowered and authorized to appoint, contract
with or employ a person to have full and complete authority
to discharge the duties of this office and enforce the regulations
herein, in accordance with the provisions of Chapter 1, Code
of Brevard County, Florida. Such person shall be known as the
Animal Control Director of Brevard County.
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Section 4. Section 4-4, Code of Brevard County, Florida,
is hereby amended to read as follows:
Section 4-4. Bonding.
The animal control director, and all animal control officers
shall give bond in the sum of five thousand dollars ($5,000.00)
to faithfully discharge the duties of their respective offices.
Section 5. Section 4-5, Code of Brevard County, Florida,
is hereby amended to read as follows:
Section 4-5. Enforcement Officers.
The board hereby designates all animal control officers,
employed by the Brevard County Division of Health and Social
Services, Consumer Health Services Department, Animal Control
Section, or its successor in function, as Enforcement Officers,
where said animal control officers have successfully completed
the training program described in Section 4-6, below, pursuant
to the authorization granted by the board under Chapter 85-
Laws of Florida.
Section 6. Chapter 4, Code of Brevard County, Florida,
is hereby amended to add new Section 4-6, Training Program,
to read as follows:
Section 4-6. Training program.
As a prerequisite for an animal control officer to be
designated as an Enforcement Officer, said animal control officer
shall successfully complete a training program, consisting, at a
minimum, of 35 hours of instruction including the following subjects:
1. Citation mechanics and authority.
2. Communications.
3. Court demeanor.
4. Court organization and procedures.
5. Criminal law.
6. Ethics and professionalism.
7. Human relations.
8. Interviews and interrogation.
9. Patrol technique.
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10 . Report writing.
11 . Rules of evidence.
12 . Implementation of Chapter 4 , Code of Brevard County,
Florida
13 . Animal first aid and euthanasia.
14 . Animal handling, care, feeding, capture and restraining.
15 . Disease recognition and rabies control.
16 . Animal species and breed recognition.
17 . Federal, State and Trial law, Statute and Ordinance
related to Animal Cruelty.
Section 7 . Section 4-12 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-12 . License taq.
Each dog or cat licensed as provided for in Section 4-11
shall be issued a metallic license tag or shall be marked or
tagged by a method approved by the animal control director.
Such tag or mark shall have a license identification number
which corresponds to the number of the license certificate.
The color and shape of the metallic license tag shall be changed
each calendar year. The license tag and certificate shall comply
with the latest edition of the compendium of animal rabies vaccines
prepared by the National Association of State Public Health
Veterinarians , Inc. No other license identification tags or
marks shall be valid under the provisions of the chapter. No
license identification tags issued for one animal shall be
valid for another animal. The owner of any animal wearing a
license identification tag not specifically issued to that
animal shall be in violation of this chapter and punished as
provided for in Section 4-47 of the chapter.
Section 8 . Section 4-13 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-13 . Issuance of license certificate and tag.
The Brevard County license certificate and license tag
or mark shall be issued by:
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(a) The Animal Control Director or his designee.
(b) Any veterinarian who administers antirabies inoculations
and who agrees to collect the fee for the license certificates
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 animal control officer and to the person
administering the inoculation. The copy retained by the veterinarian
shall be deemed to be the certificate of vaccination required in
Section 4-21 (b) .
Section 9 . Section 4-14 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-14 . 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 .
The owner of any animal not wearing a license tag shall be in
violation of this chapter and punished as provided for in Section
4-47 of this chapter.
Section 10 . Section 4-18 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-18 . Exceptions to licensing requirements .
(a) The licensing requirements of this chapter insofar
as they require the payment of a fee for a license tag shall
not apply to dogs trained to assist or aid disabled or handicapped
persons ; provided, however, such dogs are actually being used
for the purpose of assisting or aiding such person, in accordance
with Section 413 . 08 (1 ) (b) , Florida Statutes .
(b) The licensing requirements of this chapter shall not
apply to animals whose owners are not residents of Brevard County.
For purposes of this chapter, 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) Nothing in this section shall be construed to eliminate
the requirements set forth in this chapter for rabies vaccination.
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Section 11 . Section 4-20 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-20 . Vaccination of animals .
Each year every person who shall own, keep or harbor any dog
or cat over the age of four ( 4 ) months within Brevard County shall
have such animal vaccinated against rabies by a veterinarian
licensed by the State of Florida. Only antirabies vaccines that
are produced or manufactured by authorities licensed by the
United States Department of Agriculture may be used to vaccinate
said animals pursuant to such regulations as established by the
State of Florida.
Section 12 . Section 4-21 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-21 . Administration of rabies vaccination.
All veterinarians actively engaged in the practice of
veterinary medicine and who are licensed as such by the State of
Florida, are hereby authorized to vaccinate domestic animals
against rabies .
Section 13 . Section 4-22 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-22 . Exception to vaccination requirements .
No dog or cat shall require vaccination if :
(a) A veterinarian, licensed in the State of Florida has
examined the animal and certified that, at such time, vaccination
would endanger its health because of its age, infirmity, disability,
illness , or medical considerations, and a certificate evidencing
such exception be presented to the animal control 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 Section 4-11 .
(b) A certificate evidencing that the dog or cat has been
vaccainated for rabies in another state of the United States
of America. Such vaccination shall be recognized as an exception
to the vaccination requirement for a period of only one year
from the date of vaccination.
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Section 14. Section 4-27, Code of Brevard County, Florida
is hereby amended to read as follows:
Section 4-27. Running at large prohibited.
(a) Any person who owns, keeps, or harbors any animal,
whether licensed or unlicensed, found at large, as defined in
Section 4-1(c), shall be in violation of this chapter.
(b) Any animal found at large by an animal control officer
shall be impounded by such officer.
Section 15. Section 4-28, Code of Brevard County, Florida
is hereby amended to read as follows:
Section 4-28. Animals creating nuisance prohibited.
Any person, firm, corporation or business that owns,
keeps, or harbors any animal which is found to have done
any of the following acts shall be deemed in violation
of this section, and shall be punished as provided in Section
4-47 of this chapter. The following are the offenses that
are deemed to create a nuisance.
(a) Any animal or bird:
(1) which frequently and for continued duration howls,
barks, meows, squawks, or makes other sounds.
(2) which endangers or injures the safety or health of
humans.
(3) which annoys or disturbs a reasonable person of
normal sensitivities across residential real property
boundaries.
(4) by their own condition or the condition of their
confinement creates obnoxious odors.
(b) Any animal that chases or runs after person or vehicles.
Section 16. Section 4-29, Code of Brevard County, Florida,
is hereby amended to read as follows:
Section 4-29. Animals defecating, urinating upon public
property.
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Any animal which defecates or urinates upon any public
property, or property of any other person except the property
or premises of the owner of such animal, shall constitute a
violation of Section 4-47 of this chapter.
Section 17 . Section 4-30 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-30 . Animals prohibited in parks and on beaches .
No animal shall be allowed into or on any public park
or beach in the county unless specifically authorized by the
board by resolution designating public park or beach areas
where such animals shall be permitted. Parks and beach areas
so designated shall be properly identified and posted. Any
animal found in a park or on a beach not designated for such
animal shall be deemed a violation of this chapter and the
owner thereof shall be punished as provided for in Section
4-47 of this chapter. Guide dogs trained to assist or aid
disabled or handicapped persons, in accordance with Section
413 . 08 (1 ) (b) , Florida Statutes, when such dogs are actually
being used to assist or aid such persons , shall not be
prohibited from any park or beach.
Section 18 . Section 4-31 , Code of Brevard County, Florida,
is hereby amended to read as follows:
Section 4-31 . Unlicensed dogs and cats prohibited.
Any person who shall own, keep or harbor any dog or cat
within Brevard County which is not licensed as provided in
this chapter shall be in violation of this chapter and punished
as provided for in Section 4-47 of this chapter. The lack
of a license tag on the collar or harness of a dog or cat or
lack of approved license marking shall be deemed prima facie
evidence that the animal has not been licensed or vaccinated
and evidence of the violation of this chapter.
Section 19 . Section 4-33 , Code of Brevard County, Florida,
is hereby amended to read as follows :
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Section 4-33 . Cruelty to animals prohibited.
(a) Any person, whether owner or otherwise who shall
knowingly or negligently deprive of necessary sustenance, food,
water, or shelter cruelly beat or whip, torture, mutilate ,
poison, kill, overdrive, torment, harass , overwork, overload,
or otherwise endanger the life or health of any animal, or
cause or procure the same to be done by others , shall be in
violation of this chapter and punished as provided for in
Section 4-81 of this chapter.
(b) In the event any animal or animals are found to be
neglected or cruelly treated, an animal control officer or
cruelty officer having the authority and acting pursuant to
the authority given to them under the statutes of the State of
Florida shall have the right to impound such animal or animals .
Any animal or animals taken to and placed in the custody of
a veterinarian shall be considered impounded as provided for
in Section 4-51 of this chapter. The impoundment period shall
commence as of the date the animal is placed with a veterinarian.
When the animal or animals have been released by the veterinarian,
and the owner has not redeemed such animal, impoundment shall
continue as provided in Section 4-51 and 4-52 of this chapter.
(c) Any person who taked or removes or attempts to take
or remove any animal impounded as provided under any provision
of this chapter or interferes with such impoundment shall be
punished as provided for in Section 4-81 of this chapter.
Section 20 . Section 4-34 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-34 . Interfering with animal control officers:
releasing animals prohibited.
Any person who shall in any manner interfere with, hinder,
resist, obstruct, or molest any animal control officer or a cruelty
officer, who is assisting an animal control officer, in the
performance of his duty, or, without authority under this chapter,
-11-
seek to release or remove any animal from the custody of the
animal control officer, county shelter, shall be in violation
of this chapter, punishable as provided for in Section 4-81
of this chapter.
Section 21 . Section 4-46 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-46 . Investigation of violation.
(a) An animal control officer shall investigate all
complaints of alleged violations of this chapter to determine
whether there is probable cause to believe a violation of this
chapter has ocurred. In the event the animal control officer
concludes that such probable cause does exist, the investigating
animal control officer shall enforce this chapter, pursuant to
the provisions of Sections 4-47 or 4-81 of this chapter.
(b) Any violation of this chapter personally witnessed
by an animal control officer or law enforcement officer as
defined in Section 943 .10 (1 ) , Florida Statutes, or its successor,
shall be sufficient cause for a notice of violation to be issued
to the owner or person in possession or control of such animal,
pursuant to Section 4-47 .
(c) Any animal control officer designated as an Enforcement
officer, or law enforcement officer as defined in Section 943 .10 (1 ) ,
Florida Statutes, or its successor, who, based upon personal
observation and investigation, has reasonable and probable
cause to believe that a violation of this chapter has occurred,
is hereby authorized to issue citations for violations of this
chapter, pursuant to the procedures set forth in Section 4-47 .
Section 22 . Section 4-47 , Code of Brevard County, Florida,
is hereby amended to add new Sections (b) , (c) , (d) , (e) , (f ) ,
(g) , (h) , (i ) , (k) , and ( 1 ) , to read as follows :
Section 4-47 . Enforcement for violation.
(a) The animal control officer shall impound any animal
found to be cruelly treated as defined in Section 4-33, or
any animal suspected or believed to be infected with rabies
or any infectious disease .
-12-
Each animal so apprehended which is suspected to have or
exhibited symptoms of having rabies or any infectious disease
shall be segregated from other animals so as to prevent said
animal from coming in contact with any other animal. Any
animal( s ) impounded under the provisions of this section without
the owner's consent may be taken to a veterinarian for examination
and confirmation of the alleged cruel treatment or contagous
or infectious disease .
(b) In the event any animal is deemed in violation of this
chapter, or is owned, kept, harbored, or maintained in violation
of this chapter, an animal control officer, or a law enforcement
officer, may issue a citation to the owner of such animal.
(c) A citation issued by an Enforcement Officer, or Law
Enforcement Officer under the provisions of this section shall
be in a form prescribed by the Board and shall state the time
and date of issuance; name and address of the violator; the
date of the violation; the description of the violation; the
Section and number of Chapter 4 , Code of Brevard County, Florida,
for which a violation is charged; and the name of the Enforcement
Officer.
(d) Any person cited for violations of Chapter 4, Code of
Brevard County, Florida, shall be deemed to be charged with a
non-criminal infraction and cited to appear in County Court.
(e ) Any person cited for an infraction under this seciton
may:
(1 ) Post a bond, which shall be equal in amount to
the applicable civil penalty hereinafter provided
for;
( 2 ) Sign and accept a citation indicating a promise
to appear.
(f ) Any person who willfully refuses to post a bond of
accept and sign the citation shall be in violation of Chapter
85-32 , Laws of Florida, and shall be punished in accordance
with Section 125 . 69 , Florida Statutes , or its successors and
Section 4-81 .
-13-
(g) Any person cited with a violation of Chapter 4 ,
Code of Brevard County, Florida, shall :
( 1 ) Within ten (10 ) days of the receipt of the
citation, pay the civil penalty; or
( 2 ) If bond has been posted, forfeit the bond by
not appearing at the designated time and
location, or
( 3 ) Within ten ( 10 ) days of receipt of the citation,
request a hearing on said citation with the
Clerk of the County Court.
(h) Any person electing the procedures set forth in Section
4-47 (g) (1 ) or ( 2 ) shall be deemed to have admitted the infraction
and to have waived his right to a hearing on the allegations
contained in the citation.
(i ) Any person electing to appear in County Court pursuant
to Section 4-47 (g) ( 3 ) shall be subject to all penalties as
authorized by law.
( j ) The civil penalties required for the disposition of an
infraction pursuant thereto shall be as established and set forth
by resolution of the Board of County Commissioners of Brevard
County, Florida, from time to time.
(k) Nothing herein contained shall be construed to authorize
or permit any Enforcement Officer other than specified herein.
Enforcement Officers shall not make physical arrests or take any
person into custody and shall be exempt from the requirements
relating to the high hazard or special risk retirement program
and Criminal Justice Standards and Training Commission, as
defined in Sections 122 . 34 and 943 .11 , et seq. , Florida Statutes ,
or their successors .
(1 ) In the alternative, where any animal is deemed in
violation of this chapter, or is owned, kept, harbored or
maintained in violation of this chapter, and an Enforcement
Officer does not issue a citation therefor, an animal control
officer may file a complaint against the person or persons in
violation of this chapter with the State Attorney' s office
located in Brevard County.
-14-
Section 23 . Section 4-48 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-48 . Right to enter upon private property.
For the purpose of discharging duties imposed by this
chapter, including the investigation of violations and for
enforcement of provisions , animal control officers, public
health unit officers , cruelty officers , or public health unit
officers, are empowered to enter upon any private property,
not including any dwelling house, structure or fenced
enclosure, for the purpose of investigating or apprehending
a rabies suspect animal , animal in need of immediate medical
attention, including cruelly treated animals , vicious animals
not properly controlled by the owner, and animals at large, if
such at-large animal is on the property of a person other than the
owner. Animal control officers , cruelty officers and public
health unit officers shall be immune from prosecution civil or
criminal, for reasonable, good faith trespass upon real property
as authorized by this section. Animal control officers, public
health unit officers and cruelty officers are empowered as set
forth in this section, to enter upon private property and demand
that the animal, or if applicable, the license tag of such animal
be exhibited to said officer.
Section 24 . Section 4-52, Code of Brevard County, Florida,
is hereby amended to add Section 4-52 (c) , and to read as follows :
Section 4-52 . Disposition of animals .
(a) Any animal impounded under the provisions of this
chapter, except livestock or where otherwise provided under
Section 4-54 , Section 4-55, or Section 4-60 , or this chapter, and
where such animal is not redeemed as provided for in Section 4-51 ,
shall become the property of Brevard County, Florida. The
animal control director or his designee shall provide for the
humane destruction of such animal, or transfer its title to the
agency with which the county has contracted to operate and
maintain the county shelters for disposition.
-15-
The humane society or any person receiving custody of the animal
shall report the sale and the name of the new owner to the animal
control director and shall keep records of any transfer of such
animals .
(b) Any healthy livestock impounded under the provision of
this chapter shall be disposed of through a commercially reasonable
sale thereof , with payment to the proven owner of said livestock
of any sales proceeds received by Brevard County in excess of the
impounding fees imposed under the provisions of this Chapter.
(c) The animal control director or his designee shall
make provision for the immediate disposal of sick, injured, or
diseased animals unless such animal is duly licensed or, in the
case of livestock, prominently branded with a brand which has
been reported to, and is currently listed with Brevard County
Animal Control. Licensing must be pursuant to Section 4-11
of this chapter. Licensed animals or livestock branded in
accordance with this section which are sick, diseased or have
been injured will be taken to a veterinarian licensed in the
State of Florida and the owner shall be notified as provided for
in Section 4-51 of this chapter.
Section 25 . Chapter 4 , Code of Brevard County, Florida, is
hereby amended to add new Section 4-54 , Hazardous Animals, to
read as follows :
Section 4-54 . Hazardous Animals .
(a) Whenever the Animal Control Director of Brevard County,
or his designee, determines that an animal is hazardous as
defined in Section 4-1 ( i ) of this Chapter, the Animal ControI
Director, or his designee, shall notify the owner of the animal
in writing by First Class United States mail, or other appropriate
means that such animal has been determined hazardous. The notice
shall contain a description of the animal, and set forth the
duty of the owner to control the animal pursuant to County
ordinance and that the owner may need to take extra care to
prevent the animal from running at large or being involved in
future incidents .
-16-
(b) The owner of any animal declared to be hazardous
may request a conference with the Animal Control Director or
his designee to show why the declaration of hazardous animal
should not have been invoked.
(c) The owner of any animal declared hazardous shall :
(1) Be informed of the Brevard County Code.
(2) Be informed that additional incidents may result
in a more serious declaration.
(3) Be provided with recommendations related to the
animal ' s maintenance which would assist the
owner in precluding or avoiding further future
incidents .
Section 26 . Former Section 4-54 , Code of Brevard County,
Florida, entitled Dangerous Animals is renumbered as Section
4-55.
Section 27 . Former Section 4-55, entitled Vicious Animals ,
is renumbered as Section 4-56 , Code of Brevard County, Florida,
and is amended to read as follows :
Section 4-56 . Vicious animal.
(a) Where an animal has been declared vicious, as defined
in Section 4-1 (m) of this chapter, by the animal control director
of Brevard County, said vicious animal shall be impounded and
Brevard County shall be deemed the owner of and have legal title
to such animal. Where Brevard County is deemed to be the owner
of such animal, the animal control director may have title to
such animal transferred to any public or private zoo, public
law enforcement agency within the State of Florida, any agency
with which the County has contracted to operate and maintain
the county pounds , or such other individual, institution, or
agency by which action the animal shall no longer pose a threat
or hazard to the health, safety or welfare of the citizens of
Brevard County, or shall humanely destroy such animal.
-17-
(b) The owner shall be notifed by Brevard County Animal
Control in writing by the United State mail or other appropriate
means when an animal is declared visious under the provisions
of this section. The letter shall state the dates of previous
bites if known, the basis for the classification of such animal
as vicious , a description of the animal, and recite the authority
under the provisions of this chapter for Brevard County to take
title to said vicious animal. An owner may request a hearing
on the animl control director' s declaration that an animal is
vicious, pursuant to procedures established by the Board of
County Commissioners by resolution.
(c) The provisions of Section 4-55 (a ) and Section 4-55 (b)
do not apply to properly licensed and rabies vaccinated guard
dogs employed to protect business establishments, unless the
owner fails to provide adequate security to preclude escape
of the animal from the business enclosure or fails to secure
the animal in such manner as to keep the animal from coming
into contact with the public during normal business hours .
Section 28 . Former Section 4-56 entitled Female Dogs
and Cats in Season is renumbered as Section 4-57 , Code of Brevard
County, Florida, and amended to read as follows :
Section 4-57 . Female dogs and cats in season.
The owner of any female dog or cat in heat which is not
kept confined in a building or reasonably secure enclosure,
veterinary hospital, or boarding kennel in such a manner that
such female dog or cat cannot come in contract with another
dog or cat except for intentional breeding purposes , shall
be punished as provided for in Section 4-47 of this chapter.
Any female dog or cat not confined as herein provided shall
be impounded and shall not be redeemed during said period of
heat. When such female dog or cat shall be redeemed, the animal
control officer shall charge an impounded fee as shall be
established from time to time by the Board.
Section 29 . Section 4-59 , Code of Brevard County, Florida
is hereby amended to read as follows :
-18-
Section 4-59 . Animals infected with rabies .
It shall be the duty of the owner of and any person knowing
of any animal infected with or showing suspicious symptoms of
rabies or any unusual behavior to immediately upon gaining
such information of the existence of such disease to report
the same to the Florida Department of Agriculture, Division
of Animal Industry, as required by Section 585 .19 , Florida
Statutes , and to the Public Health Unit Director.
Section 30 . Section 4-60 , Code of Brevard County, Florida
is hereby amended to read as follows :
Section 4-60 . Reporting and quarantine, suspected rabies or
other contagious disease .
(a) Any person having knowledge of an incident in which
a person is bitten by a dog or cat or is bitten or exposed
by a known or suspected rabid animal is required to report
the incident to the Public Health Unit Director.
(1 ) The animal control officer shall capture such
animal alive. However, that such animal may be killed if its
capture cannot be effectuated in any othe way or if in its
capture, a clear and present danger of harm of injury to the
animal control officer or other persons exists . Such animal,
if it is a dog or a cat, shall be placed in quarantine for
observation for a period of ten (10 ) days . If such domestic
animal was killed during its capture, or if such animal dies
during the quarantine period, the public health unit director
or his designee shall cause the detachment, without mutilation,
and send to the Florida Department of Health and Rehabilitive
Services Laboratories for pathological examination, the head of
any animal which has bitten or scratched any person or other
domestic animal if , in the opinion of the public health unit
director or his designee, such animal is suspected to have or
shows suspicious symptoms of rabies . If such animal is a wild
animal, the public health unit director or his designee shall upon
the capture, and after humane euthanasia, cause the detachment,
without mutilation, and send to the Florida Department of
-19-
Health and Rehabilitative Services laboratory, the head of such
animal, for pathological examination.
( 2 ) The quarantine shall be maintained in the county animal
shelter, or at the owner ' s request, in a licensed veterinary
hospital. Any animal under quarantine shall not be released or
moved from the place of the initial quarantine confinement,
except when authorized by the Public Health Unit Director or his
designee. The owner, if any, shall bear the cost of the care,
feeding and maintenance of such animal during quarantine at the
County Animal Shelter, by payment of a fee established by resolution
of the Board from time to time or by payment of fees charged by the
veterinarian of the owner ' s choice, if quarantine and or care was
maintained at a veterinarian hospital.
( 3 ) If the report of the pathological examination indicated
a positive diagnosis of rabies, the Public Health Unit Director or
his designee shall invoke an areawide quarantine for a minimum
period of sixty ( 60 ) days or such other period as may be deemed
necessary by the Public Health Unit Director. During such quarantine
the owner of any animal in the quarantine area shall confine such
animal to his property unless securely attached to a leash or in a
secure carrying case.
( 4 ) The owner of any dog or cat vaccinated with an approved
antirabies vaccine within the past twelve (12 ) months except such
dog or cat exempted from the vaccination in Section 4-22 after
receiving approval of the Public Health Unit Director or his
designee, may have such dog or cat quarantined and confined in a
place other than that specified in Section 4-60 (b) , provided the
person bitten or scratched, his parent or legal guardian or his
physician, does not object.
( 5 ) If the animal is quarantined at a place other than
the places specified in Section 4-60 (b) , and at any time during
the quarantine it is determined by the Public Health Unit
Director or his designee, that the quarantine is not properly
-20-
maintained so as to insure isolation of the animal , the privilege
of this exemption shall become inapplicable, and the animal
control officer, at the owner ' s expense, shall impound the
animal in the County animal shelter. Failure of any person to
maintain the quarantine as set forth in this section shall be
punished as provided in Section 4-47 .
(b) In the event that a dog or cat has been, or is suspected
of having been exposed to rabies , and a certificate of rabies
vaccination for the preceding twelve (12 ) months is not presented
by the owner to the animal control officer:
( 1 ) The animal, at the owner ' s request and expense,
may be quarantined at a site approved by the Public Health Unit
Director, or his designee, for a period of not less than six ( 6 )
months . During the period of quarantine, the animal shall be
vaccinated one (1 ) month before being released; or
( 2 ) The animal shall be humanely euthanized.
(c) In the event that a dog or cat has been, or is suspected
of having been exposed to rabies , and a valid certificate of
rabies vaccination for the preceding twelve (12 ) months is
presented to the animal control officer, at the direction of the
Public Health Unit Director, the animal shall be :
( 1 ) Revaccinated immmediately.
( 2 ) Dogs or cats shall be quarantined in the owner' s home
and restrained by leash when outside the owner ' s home, for a
period of not less than ninety ( 90 ) days, with periodic inspection
monitoring by Animal Control personnel.
(d) If the quarantined animal bites any person or another
animal, said bite shall be reported by the owner to the Public
Health Unit Director or his designee.
(e ) Wild Animals . In the event that a nondomestic animal
has been, or is suspected of having been exposed to rabies , the
nondomestic animal shall be captured by the animal control officer,
-21-
humanely euthanized, and its head sent to the Florida Depa tnmt of
Health and Rehabilitative Services laboratory for pathological.
examination.
Section 31 . Section 4-61 , Code of Brevard County, Flo.riaa
is hereby amended to read as follows :
Section 4-61 . Surrender of animal for quarantine or
destruction.
Any person who shall willfully fail to surrender any an um►nJL
for quarantine or destruction as required herein, when demand is
made therefore by the Public Health Unit Director or the uniima1
control officer, at the direction of the County Public HealE
Unit Director, shall be in violation of this chapter and purni►shed
as provided._ for in Section 4-47 of this chapter.
Section 32 . Section 4-62 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-62 . Killing or removal from Brevard County(D/f
rabid animal.
Any person, without the consent of the Public Health ` nit.
Director and except as provided in Section 4-60 (a) who shall
kill or cause to be killed, or removed from Brevard County,
Florida, any animal suspected of having or showing suspic:r=ous
symptoms of rabies or any other infectious or contagious ddsease
or unusual behavior, or any animal biting a human, shall in
violation of this chapter and punished as provided in Sec.:tioni
4-47 of this chapter.
Section 33 . Section 4-63 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-63 . Surrender of carcass of rabid animal.
Any person, who, upon demand, shall not surrender tctitDe
Public Health Unit Director or his designee, the carcass iif: airny
dead animal which has bitten or scratched a person or has;
exposed to or suspected of having been exposed to rabies :171. .li7L
be in violation of this chapter and punished as provided Raff
in Section 4-47 of this chapter.
-22-
Section 34 . Section 4-69 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-69 . Disposition of dead animals .
(a) Upon the request of the owner, any dead animal, or
any animal found dead on public property, shall be disposed of
by an animal control officer.
(b) Any person may, on his own real property, bury or
dispose of any dead animal, with prior notice to and approval
by the Animal Control Director.
(c) Where an animal control officer disposes of a dead
animal, a disposal fee shall be charged the owner, payable to
the board, as shall be established by resolution, by the board
from time to time.
Section 35 . Section 4-80 , Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-80 . Exemptions from chapter.
Hospitals, clinics and other premises, except animal care
facilities , operated by licensed veterinarians for the care and
treatment of animals are exempt from the provisions of Section
4-11 through 4-16 of the chapter, except where expressly stated;
provided, however, that this section shall not be deemed to
preclude an animal care facility or pet shop, as herein defined
from existing at the location of exempt facilities .
Section 36 . Section 4-81, Code of Brevard County, Florida,
is hereby amended to read as follows :
Section 4-81 . Penalties for violation of chapter.
Any person violating or deemed in violation of any of
the provisions of this chapter, shall be guilty of a misdemeanor
and punished by a fine of not more than five hundred dollars
( $500 . 00 ) , imprisonment in the County jail for not more than
sixty ( 60 ) days, or by both fine and imprisonment. Each day
or fraction thereof the violation continues shall be considered
as a separate offense.
-23-
Provided, however, that where said person has been cited pursuant
to Section 4-47 of this chapter, said violation shall be deemed
a noncriminal violation, punishable as provided under Section 4-47 .
Section 37 . This Ordinance shall take effect immediately
upon adoption and filing as provided by law.
DONE AND ORDAINED, in regular session, this 8th day of
October , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF BREVARD COUNTY, FLORIDA
[signature] [signature]
R. C. WINSTEAD, JR. , CLERK THAD ALTMAN, CHAIRMAN
[seal of Brevard County]
-24-
Cape Canaveral Animal Control
City Hall 783-1100
Police Dept. 783-7800
CITATION
TO:
On at m . you committed
a misdemeanor violation of City Ordinance 10-70, as amended, Section 4-87
by
DESCRIPTION OF ANIMAL AS FOLLOWS:
TYPE
COLOR
SIZE: SMALL MEDIUM LARGE
BREED
SEX
The City Council of Cape Canaveral demands the above stated offenses be abated within 72
hours from the time this notice was issued. If the Violation is not abated, the City may take
further legal action to remedy the violation. This Notice of Violation is issued-pursuant to the-
provisions of Section 4-32 Cape Canaveral Ord # [illegible] 10-70, as amended.
NOTICE ISSUES AT m. ON 19
DELIVERED: BY MAIL BY HAND
[no signature]
ANIMAL CONTROL OFFICER
ASD-12(Rev. 12/76)
OK [illegible signature]
FROM
THE CITY OF CAPE CANAVERAL
TO POLICE DEPT JOAN HUDEPOHL 105 POLK AVENUE
CAPE CANAVERAL, FLORIDA 32920
REPLY NECESSARY
SUBJECT: ANIMAL CONTROL ORDINANCE YES NO DATE: 5-31-77
I am attaching the Codified copy of the Animal Control Ordinances.
Please remember that these Codified copies were never proof-
read for context by the attorney. In case of any questions regarding
any section of the Codified copy, you will have to go back to
review the original ordinances. I think it is ok. as Sandy & I
proof-read the completed copies. P.B.
PLEASE REPLY TO SIGNED
DATE SIGNED
SEND PARTS 1 AND 3 WITH CARBONS INTACT. PART 3 IS RETURNED WITH REPLY.
REDIFIXT FORM RM-87
DETACH THIS COPY-RETAIN FOR ANSWER
§ 701 . 87 ANIMALS CONTROLLED § 701 . 90
Sec . 701 . 87 Penalties for Violation
of Ordinance. Any person violating or
deemed in violation of any of the provi-
sions of this Ordinance , shall be guilty
of a misdemeanor and punished by a fine
of not more than $100 . 00 , or by imprison-
ment for not more than 30 days , or by
both fine and imprisonment . Each day or
fraction thereof the violation continues
shall be considered as a separate offense.
(Ord . 10-70 § 4 , 20 Oct . 1970 as amended
by Ord . No . 19-74 § 1 , 18 June 1974) .
Sec . 701 . 88 (Ord . No . 10-70 , § 4 . 8T ,
20 Oct 1970 , repealed by Ord . No . 19-74 ,
§ 2 , 18 Jun 1974) .
Sec . 701 . 89 Copy of Regulations to All
Owners . Upon receipt of a Brevard County
Animal License and metallic tag , the owner
shall be given without charge a summarized
codification of the rules and regulations
set forth herein . (Ord . No . 10-70 § 4 ,
20 Oct 1970) .
Sec . 701 . 90 Operative in Unincorporated
Areas ; Agreements with Municipalities .
This Ordinance shall apply to and be en-
forced 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
4 ORDINANCE NO, 12.-79
AN ORDINANCE ADOPTING BREVARD COUNTY, FLORIDA
ORDINANCE NO. 77-39 RELATING TO ANIMAL CONTROL,
WHICH ORDINANCE IS ADOPTED FOR THE REGULATION
OF ANIMAL CONTROL WITHIN THE CITY OF CAPE
CANAVERAL, FLORIDA; BY DESIGNATING ALL PUBLIC
PARKS AND BEACHES AS AREAS IN WHICH ANIMALS ARE
PROHIBITED; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1. Brevard County, Florida Ordinance No. 77-39
adopted by the Board of County Commissioners on October 20, 1977,
relating to animal control in Brevard County, a copy of which is
filed with the City Clerk 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. Pursuant to Section 4-30 of said ordinance, the
City of Cape Canaveral, Florida does hereby designate all public
parks and public beaches as areas in which animals are prohibited.
SECTION 3. Animal Control Officer shall mean the person or
persons appointed by, contracted with or employed by the Board of
County Commissioners pursuant to Section 4-3 or by the City of
Cape Canaveral, Florida to carry out the duties and enforcement of this
ordinance.
SECTION 4. All portions of the City Code in conflict
herewith are hereby repealed.
SECTION 5. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 7th day of August , 1979.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attoreny
*AMENDED ON SECOND READING
First Reading July 17, 1979
Posted: July 23, 1979
Advertised: July 27, 1979
Second Reading: August 7, 1979
NAME YES NO
BOYD YES
CALVERT YES
LEE YES
MURPHY YES
RUTHERFORD YES
ANIMAL SHELTER CONTROL
BREVARD COUNTY ANIMAL CONTROL
4 Flake Road
269-8379
Cox Road
632-0100
Wickham Road 264-5904
ANIMAL CONTROL ACT
ADOPTED BY ORDINANCE NO. 12-79
AT CAPE CANAVERAL CITY COUNCIL
MEETING AUGUST 7, 1979.
[seal of Brevard County]
Codified Dec. 1981
Ordinance No. 77-39
Adopted
OCTOBER 20, 1977
4-1 Definition
4-11 License Certificate Required
4-20 Vaccination of Animals
4-21 Administration of Rabies Vaccination
4-27 Running at Large Prohibited
4-28 Animals Creating Nuisance Prohibited
4-30 Animals Prohibited in Parks and Beaches
4-31 Unlicensed Dogs and Cats Prohibited
4-33 Cruelty to Animals Prohibited
4-34 Interfering with Animal Control Officer
4-35 Limitation on Keeping Animals
4-46 Complaints for Violation
4-47 Enforcement for Violation
4-48 Right to Enter Upon Private Property
4-51 Redemption of Impounded Animals
4-52 Disposition of Impounded Animals
4-35 Impounding Fees
4-55 Vicious Animals
4-56 Female Dogs and Cats in Season
4-59 Animals Infected with Rabies
4-60 Report of Person Bitten or Scratched
4-61 Surrender of Animal for Quarantine
4-62 Killing or Removal from Brevard County of Rabid
Animal
4-63 Surrender or Carcass of Rabid Animal\
4-69 Disposition of Dead Animals
4-80 Exemptions from Ordinance
4-81 Penalties for Violation of Ordinance
ORDINANCE NO. 77-39
AN ORDINANCE REPEALING CHAPTER IV OF THE
BREVARD COUNTY CODE, WHICH IS THE CODIFI-
CATION OF ORDINANCE NO. 70-15 AS AMENDED
BY ORDINANCE NO. 73-14; PROVIDING FOR AN
ORDINANCE WHICH REGULATES ANIMAL CON-
TROL IN THE UNINCORPORATED AREAS OF BRE-
VARD COUNTY; PROVIDING DEFINITIONS FOR
ANIMAL, ANIMAL CONTROL OFFICER, AT LARGE,
BOARD, CITATIONS, COUNTY HEALTH OFFICER,
CRUELTY OFFICER, LIVESTOCK, OWNER, PER-
SON, RABIES SUSPECT, AND VICIOUS ANIMAL;
PROVIDING FOR THE ESTABLISHMENT OF COUN-
TY POUND; AUTHORIZING THE APPOINTMENT OF
AN ANIMAL CONTROL DIRECTOR; ESTABLISHING
A BOND FOR THE ANIMAL CONTROL DIRECTOR,
SUPERVISORS AND OFFICERS; ESTABLISHING
THE REQUIREMENTS FOR A BREVARD COUNTY
ANIMAL LICENSE; PROVIDiNG FOR A LICENSE
TAG; SETTING FORTH THE METHOD FOR ISSU-
ANCE OF THE LICENSE CERTIFICATE AJND TAG;
PROVIDING FOR THE METHOD OF ATTACHMENT
FOR THE LICENSE TAG AND THE COST OF THE
LICENSE; PROVIDING FOR THE ISSUANCE OF A
REPLACEMENT TAG; PROVIDING EXCEPTIONS TO
SAID LICENSING REQUIREMENTS; REQUIRING
THAT PERSONS WHO OWN OR KEEP ANY DOG OR
CAT OVER THE AGE OF FOUR (4) MONTHS SHALL
HAVE THE ANIMAL VACCINATED AGAINST
RABIES ANNUALLY; PROVIDING FOR THE AD-
MINISTRATION OF A RABIES VACCINATION BY
PROPERLY LICENSED VETERINARIANS; PROVID-
ING FOR EXCEPTIONS TO THE VACCINATION
REQUIREMENT BASED ON MEDICAL CONSIDERA-
TIONS OF THE ANIMAL; PROVIDING THAT ANY
PERSON WHO OWNS OR KEEPS ANY ANIMAL
FOUND AT LARGE SHALL BE IN VIOLATION OF
THE ORDINANCE AND PROVIDING FOR THE
IMPOUNDMENT OF ANY ANIMAL FOUND AT
LARGE BY AN ANIMAL CONTROL OFFICER;
PROVIDING FOR THE USE OF CAT TRAPS; PRO-
VIDING THAT THE OWNER OF AN ANIMAL WHO
CREATES A NUISANCE AS BEING IN VIOLATION
-1-
OF THE ORDINANCE; PROVIDING THAT ANY
OWNER OF AN ANIMAL THAT DEFECATES OR
URINATES ON PROPERTY NOT BELONGINGS TO
THE OWNER IS IN VIOLATION OF THE ORDI-
NANCE; PROHIBITING DOMESTICATED ANIMALS
FROM PUBLIC PARKS OR BEACHES IN THE COUN-
TY UNLESS OTHERWISE DESIGNATED BY THE
BOARD; PROVIDING THAT IT IS A VIOLATION OF
THE ORDINANCE FOR A PERSON TO OWN A DOG
OR CAT WHICH IS NOT LICENSED AS PROVIDED
IN THE ORDINANCE; PROVIDING THAT IT IS A
VIOLATING OF THE ORDINANCE FOR ANY
PERSON TO CRUELLY TREAT AN ANIMAL BY
DEPRIVING AN ANIMAL OF FOOD OR WATER OR
BY CRUELLY BEATING, WHIPPING, OR TORTUR-
ING THE ANIKAL AND PROVIDING THAT AN
ANIMAL CONTROL OFFICER HAS THE RIGHT TO
IMPOUND AN ANIMAL FOUND TO BE CRUELLY
TREATED OR IN NEED OF IMMEDIATE MEDICAL
ATTENTION; PROVIDING FOR TIME LIMITS FOR
THE OWNER TO REDEEM THE ANIMAL AFTER IT
HAS BEEN IMPOUNDED; PROVIDING THAT IT IS
A MISDEMEANOR FOR ANY PERSON TO INTER-
FERE WITH THE ANIMAL CONTROL OFFICER IN
THE PERFORMANCE OF HIS DUTY; SETTING A
LIMITATION OF THE NUMBER OF DOGS AND
CATS THAT MAY BE KEPT ON RESIDENTIAL
PROPERTY AS WELL AS COMMERCIAL PROPERTY;
SETTING FORTH THE PROCEDURE FOR FILING A
COMPLAINT FOR VIOLATION OF THE ORDI-
NANCE IN ORDER TO HAVE AN ANIMAL CON-
TROL OFFICER INVESTIGATE THE COMPLIANT
AND ALLOWING A CITATION TO BE ISSUED FOR
VIOLATING OF THE ORDINANCE PERSONALLY
WITNESSED BY THE ANIMAL CONTROL OFFICER;
PROVIDING FOR THE PROCEDURE FOR THE EN-
FORCEMENT OF VIOLATIONS OF THE ORDI-
NANCE INCLUDING THE IMPOUNDMENT OF
ANIMALS FOUND TO BE CRUELLY TREATED OR
THE IMPOUNDMENT OF ANIMALS HAVING SYMP-
TOMS OF RABIES OR OTHER CONTAIGOUS DIS-
EASES; PROVIDING FOR ANIMAL TO BE TAKEN
TO A VETERINARIAN, SETTING FORTH THE
PROCEDURE AND THE REQUIREMENTS FOR A
CITATION TO BE GIVEN TO THE OWNER OF THE
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ANIMALS AND ALLOWING THE OWNER TO COR-
RECT THE OFFENSES WITHIN SEVENTY-TWO (72)
HOURS AFTER THE ISSUANCE OF THE CITATION
AND FURTHER PROVIDING THAT IF THE OF-
FENSE IS NOT ABATED WITHIN SAID TIME
PERIOD, THE IMPOUNDING OFFICER SHALL FILE
A COMPLAINT WITH THE STATE ATTORNEY'S
OFFICE; PERMITTING ANIMAL CONTROL OFFI-
CERS TO ENTER PRIVATE PROPERTY TO DIS-
CHARGE THE DUTIES IMPOSED BY THE ORDI-
DANCE IN CERTAIN SPECIFIED CASES; PROVID-
ING FOR THE TIME PERIOD AND PROVISIONS IN
ORDER FOR AN OWNER TO REDEEM AN IM-
POUNDED ANIMAL; PROVIDING FOR THE DIS-
POSITION OF IMPOUNDED ANIMALS; REQUIRING
THAT A PERSON SEEKING TO REDEEM AN ANI-
MAL SHALL PAY AN IMPOUNDMENT FEE AS
ESTABLISHED BY THE BOARD; PROVIDING FOR
THE IMPOUNDMENT OF VIDCIOUS ANIMAL NOT
CONFINEDIN A BUILDING OR SECURE ENCLO-
SURE AND PROVIDING THAT THE ONWER OF
SUCH A VICOUS ANIMAL HAS COMMITTED A MIS-
DEMEANOR IF THE VICIOUS ANIMAL IS NOT
PROPERLY CONTROLLED; PROVIDING FOR THE
CONTROL OF FEMALE DOGS AND CATS IN SEA-
SON; DECLARING THATIT IS THE DUTY OF THE
OWNER OR OF ANY PERSON KNOWING OF AN
ANIMAL INFECTED OR SHOWING SYMPTOMS OF
BEING INFECTED WITH RABIES TO IMMEDIATELY
REPORT SUCH INFORMATION TO THE FLORIDA
DEPARTMENT OF AGRICULTURE AND TO THE
COUNTY HEALTH OFFICER; REQUIRING THAT
PERSONS SHALL REPORT TO THE COUNTY
HEALTH OFFICER ANY PERSON OR ANIMAL
BITTEN OR SCRATCHED BY A SUSPECTED IN-
FECTED ANIMAL AND PROVIDING FOR THE
PROCEDURE TO QUARANTINE SAID ANIMAL;
PROVIDING THAT IT IS A MISDEMEANOR TO RE-
FUSE TO SURRENDER AN ANIMAL TO QUARAN-
TINE OR DESTRUCTION AS REQUIRED IN THE
ORDINANCE; PROVIDING THAT IS SHALL BE A
MISDEMEANOR FOR ANY PERSON TO KILL OR
REMOVE ANY ANIMAL SUSPECTED OR RABIES
FROM THE COUNTY WITHOUT THE CONSENT OF
THE COUNTY HEALTH OFFICER; MAKING IT
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MANDATORY FOR ANY PERSON TO SURRENDER
THE CARCASS OF ANY DEAD ANIMAL UPON
DEMAND TO THE COUNTY HEALTH OFFICER;
PROVIDING FOR THE DISPOSITION OF DEAD
ANIMALS; REQUIRING THAT THE ANIMAL CON-
TROL SUPERVISOR SHALL KEEP DETAILED RE-
CORDS OF THE OPERATION OF ANIMAL CON-
TROL; EXEMPTING HOSPITALS AND CLINICS
OPERATED BY LICENSED VETERINARIANS
FROM THE PROVISIONS OF THIS ORDINANCE
EXCEPT WHERE EXPRESSLY STATED; PROVIDING
PENALTIES FOR THE VIOLATION OF THE ORDI-
NANCE; PROVIDING THAT COPY OF THIS ORDI-
NANCE SHALL BE GIVEN TO ANYONE WHO PUR-
CHASES A BREVARD COUNTY ANIMAL LICENSE
AND TAG; PROVIDING THAT THE ORDINANCE
IS EFFECTIVE IN THE UNINCORPORATED AREAS
OF BREVARD COUNTY AND MAY BE EFFECTIVE
WITHIN A MUNICIPALITY BY AGREEMNT BE-
TWEEN THE COUNTY AND A MUNICIPALITY;
PROVIDING FOR SEVERABILITY; AND PROVID-
ING FOR AN EFFECTIVE DATE.
WHEREAS, the present legislation and rules and
regulations do not provide fair, enforceable and effective
animal control legislation; and
WHEREAS, the Board of County Commissioners
recognize that Brevard County is a densely populated
area and that the public health and safety of the resi-
dents of the County will be seerved by enacting animal
control legislation; and
WHEREAS, effective animal control includes the
licensing of certain animals, impoundment of strays,
operating of an animal pound, disposition of impounded
animals, confiement of certain animals, prohibiting
certain acts contrary to public health and general wel-
fare, administration of rabies vaccination programs, and
protection of animal against cruelty; and
WHEREAS, the Board of County Commissioners
has the power of home rule,
THEREFORE, BE IT ORTAINED AND ENACT-
ED, by the Board of County Commissioners of Brevard
County, Florida.
Section 1. Special Laws of the State of Florida,
Chapter 61-1901 and Chapter 65-1281, codified as
Chapter 4 of the Code of Brevard County, Florida, are
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hereby repealed in their entirety. The Rules and Regula-
tions adopted on the 17th day of September, 1970,
pursuant to authority of aforesaid Special Laws are
hereby repealed.
Section 2. Ordinance No. 70-15 and Ordinance
No. 73-13 are hereby repealed.
Section 3. A new Ordinance of the Code of Bre-
vard County, Florida, to be designated Chapter 4 of the
Code of Brevard County, Florida, is hereby adopted to
read as follows:
Section 701.02 Definitions:
As used in this Ordinance:
(a) ANIMAL shall mean any living dumb
creature capable of self-locomotion.
(b) ANIMAL CONTROL OFFICER shall mean
the person or persons appointed
by, contracted with or employed by the
Board of County Commissioners pursuant
to Section 4-3 to carry out the duties and
enforcement of this ordinance. See Ord
(c) 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
or chain. A dog while in use by a Law
Enforcement Officer or Agency is exempy
from this definition.
(d) BOARD shall mean the Board of County
Commissioners of Brevard County,
Florida.
(e) CITATION shall mean a form used solely
by Brevard County Animal Control
Officers for citing owners of animals or
businesses in violation of this ordinance.
(f) COUNTY HEALTH OFFICER shall
mean the person appointed, pursuant to
Chapter 154, Florida Statutes 1975, as
Director of the Brevard County Health
Department and his designated agents.
(g) CRUELTY OFFICER shall mean any
agent appointed in compliance with
Chapter 828, Florida Statutes 1975, for
the purposes of prosecuting any person
or persons guilty of an act or acts of
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cruelty to animals.
(h) LIVESTOCK shall include all animals of
the equine, bovine, or swine class and
incldues goats, sheep, mules, horses,
hogs, cattle and other grazing animals.
(i) OWNER shall mean any person, as herein
defined, who owns, keeps, harbors or
controls an animal.
(j) PERSON shall mean natural person or
persons, firm, association or corporation.
(k) RABIES SUSPECT shall mean any warm-
blooded animal which has bitten or
scratched any person or one which is
suspected of having or shows symptoms
of rabies.
(l) VICIOUS ANIMAL shall mean any
animal of fierce or dangerous propen-
sities which is likely to cause injury to
person or persons or damage or property,
or any animal which exhibits traits which
are ungovernable or has a history of un-
provoked biting persons two (2) times
within a period of eighteen (18) months.
See County Ord. Amendment
Section 701.03 Establishment of County Pound: The
Board is empowered and authorized to create, institute,
construct, operate and maintain a County Pound or
Pounds at locations selected by the Board in order to
provide adequate animal control facilities for the entire
County, or contract with others to provide said services.
Section 701.04 Animal Control Director: The Board
is empowered and authorized to appoint, contract and
or employ a person to have full and complete authority
to discharge the duties of this office and enforce the
regulations herein. Such person shall be known as the
Animal Control Director of Brevard County. The Board
shall have supervision and control over the duties of the
Animal Control Director.
Section 701.05 Bonding: The Animal Control
Director, and all Animal Control Officers shall give bond
in the sum of ONE THOUSAND DOLLARS ($1,000.00)
to faithfully discharge the duties of their respective
offices.
Section 701.10 License Certificate Required: Every
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person who owns, keeps, or harbors within Brevard
County any dog or cat over the age of four (4) months
shall obtain a Brevard County Animal License for such
animal, except that no License shall be issued unless
such animal has been inoculated against rabies as herein
provided. Such license shall be valid for one (1) year
after the date of vaccination. The License Certificates
shall have printed thereon a number which corresponds
to a license identification number required in Section 701.11
and the date and type of vaccine, the name, address
and phone number of the owner, the breed, age, sex,
color, and markings of the animal and other pertinent
facts for proper identification of the animal.
Section 701.11 License Tag: Each dog or cat li-
censed as provided for in Section 701.10 shall be issued a
metallic license tag or shall be marked or tagged by a
method approved by the Animal Control Director. Such
tag or mark shall have a license identification number
which corresponds to the number on the License Certifi-
cate. The color of the metallic license tag shall be
changed each calendar year. No other license identifi-
cation tags or marks shall be valid under the provisions
of this Ordinance. No license identification tags issued
for one animal shall be valid for another animal. The
owner of any animal wearing a license identification tag
not specifically issued to that animal shall be in violation
of this Ordinance and punished as provided for in Sec-
tion 701.80.
Section 701.12 Issuance of License Certificate and
Tag: The Brevard County License Certificate and license
tag or mark shall be issued by:
(a) The Animal Control Director
(b) Any Veterinarian who administers anti-
rabies inoculations and who agrees to
collect the fee for the license certificates
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 Animal Con-
trol Officer and to the person administer-
ing the inculation. The copy retained by
the veterinarian shall be deemed to be the
Certificate of Vaccination required in
Section 701.20.
Section 701.13 License Tag to be attached to Collar
-7-
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. The owner of any animal not
wearing a license tag shall be in violation of this Ordi-
nance and punished as provided for in Section 701.80.
Section 701.14 Cost of License: The cost of each
Brevard County Animal License shall be established by
Resolution of the Board.
Section 701.15 Issuance of Replacement Tag: In the
event of less or destruction of the metallic license tag
issued pursuant to Section 701.11, the owner shall obtain
a replacement tag. The replacement tag shall be issued at
a cost as established by Resolution of the Board.
Section 701.17 Exceptions to Licensing Require-
ments:
(a) The licensing requirements of this Ordi-
nance insofar as they require the payment
of a fee for a license tag shall not apply
to dogs trained to assist or aid disabled or
handicapped persons; provided, however,
such dogs are actually being used for the
purpose of assisting or aiding such per-
sons.
(b) The licensing requirements of this Section
shall not apply to animals whose owners
are not residents of Brevard 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 Bre-
vard County.
Section 701.19 Vaccination of Animals: Each year
every person who shall own, keep or harbor any dog or
cat over the age of four (4) months within Brevard
County shall have such animal vaccinated against rabies
by a Vet licensed by the State of Florida. Only anti-
rabies vaccines that are produced or manufactured by
authorities licensed by the United States Department of
Agriculture may be used to vaccinate said animals.
Section 701.20 Administation of Rabies Vaccina-
tion: All veterinarians actively engaged in the practice
of veterinary medicine in Brevard County, who are
-8-
duly registered and licensed as such by the State of
Florida, are hereby authorized to vaccinate dogs and cats
against rabies.
Section 701.21 Exceptions to Vaccination Require-
ments: No dog or cat shall require vacciantion if (a) a
licensed veterinarian has examined the animal and certi-
fied that at such time vaccination would endanger its
health because of its age, infirmity, disability, illness,
or medical considerations; and (b) a certificate evi-
dencing such exception be presented to the Animal
Control Officer within five (5) days of such examina-
tion. Such exempt animal shall be vaccinated against
rabies as soon as its health permits, and then shall be
licensed as required in Section 701.10.
Section 701.22 Cost of Vaccination: The cost of the
rabies vaccination shall be borne by the owner oft he
animal.
Section 701.26 Running at Large Prohibited: (a) No
animal, whether licensed or unlicensed, shall be at large.
Any animal found at large, as defined in Section 701.02,
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 punished as provided for in
Section 701.80. (b) Any animal found at
large by an Animal Control Officer shall be impounded
by such Officer. (c) Any property owner may procure
from Animal Control a cat trap to set out on owner's
property in order to trap at large cats. Any cat trapped
while at large shall be turned over to the County Pound.
Section 701.27 Animals Creating Nuisance Prohibit-
ed: Any person, firm, corporation or business that owns,
keeps or harbors any animal which is found to have done
any of the following acts shall be deemed in violation of
this section, and shall be guilty of a misdemeanor and
shall be punished as provided in Section 701.80.
The following are the offenses that are
deemed to create a nuisance: (a) any animal which
barks, or whines, or howls, or causes other objectionable
noise; (b) any animal that is at large as defined in this
Ordinance; (c) any animal that chases or runs after per-
sons or vehicles; (d) any animal that destroys or damages
property of any person; (e) any animal that causes
-9-
serious annoyance to a neighboring resident and inter-
feres with the reasonable use and enjoyment of such
resident's property.
Section 701.28 Animals Creating Nuisance Pro-
hibited: Any animal which defecates or urinates upon
the sidewalk of any public property, or upon the floor
of any common hall in any apartment house, tenement
house, hotel or any other multiple dwelling, or upon
entranceway, stairway, or wall immediately abutting
upon a public sidewalk, or upon the floor of any theater,
shop, store, office building, or any other building used
in common by the public, or upon any property, owned
by any person, or governmental body except the prop-
erty or premises of the owner of such animal shall be
deemed to be committing an act which constitutes a
violation of this Ordinance.
Section 701.29 Animals Prohibited in Parks and on
Beaches: No domestic animal shall enter into or on any
public park or beach in the County. The Board shall
be authorized to designate, by resolution, any public
park or beach areas where domestic animals shall be
permitted. Parks and beach areas so designated will be
property identified and posted. Any domestic animal
found in a park or on a beach not designated for such
animals shall be deemed to be committing an act in
violation of this Ordinance and the owner thereof shall
be punished as provided for in Section 701.80.
No provision shall be made prohibiting dogs
trained to assist or aid disabled or handicapped persons
when such dogs are actually being used to assist or aid
such persons, from any park or beach. [Ord. No. 21-81, §2, 17 Nov 81]
Section. 701.30 Unlicensed Dogs and Cats Prohib-
ited: Any person who shall own, keep or harbor any dog
or cat within Brevard County which is not licensed as
provided in this Ordinance shall be guilty of a misde-
meanor and punished as provided for in Section 701.80.
The lack of a license tag on the collar or
harness of a dog or cat or lack of approved license
marking shall be deemed prima facie evidence that the
animal has not been licensed or vaccination and evidence
of the violation of this Ordinance.
Section 701.31 Poisoning Cats or Dogs Prohibited:
Any person who shall poison, or aid, abet or assist in
the poisoning, or putting out or placing of poison at
any point where dogs or cats may secure the same shall
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be guilty of a misdemeanor and punished as provided
for in Section 701.80.
Section 701.32 Cruelty to Animals Prohibited: Any
person who shall deprive of food or water, cruelly beat
or whip, torture, mutilate, kill, otherwise 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
drive, overwork, overload, or insufficiently 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 Section 701.80. If any
animal is found to be in immediate need of medcial
attention and if this attention is not provided for by the
owner or person(s) in possession of or control of such
animal(s) within a period of twenty-four (24) hours
from the time of issuance of the citation, compliant or
report from an Animal Control Officer or Cruelty
Officer, the owner or person(s) in possession of or con-
trol of such animal(s) shall be guilty of a misdemeanor
and punishable as provided for in Section 701.80.
In the event any animal(s) is fund to be
cruelly treated, in need in immediate medical attention
or suffering from lack of water or food, the Animal
Control Officer shall have the right to impound such
animal(s). Any animal(s) taken to and left with a Veteri-
narian shall be considered impounded as provided for in
Section 4-51 of this Ordinance or until said animal(s)
becomes the property of Brevard County as provided
for in Section 701.50 and Section 701.51.
Section 701.33 Interfering with Animal Control
Officer; Damaging County Pound; Releasing Animals
Prohibited: Any person who shall in any manner inter-
fere with, hinder, resist, obstruct, or molest an Animal
Control Officer in the performance of his duty, or
without the authority of a Court having jurisdiction to
try violations of this ordinance or without authotity
under this Ordinance seek to release or remove any
animal(s) from the custody of the Animal Control
Officer, shall be guilty of a misdemeanor and punished
as probided for in Section 701.80.
Section 701.34 Limitation on Keeping of Dogs in
Residential Zones and Vacant Property: The number of
animals which any person can keep, harbor or main-
tain is regulated by Section 45 of the Brevard County
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Comprehensive Zoning Ordinance, as follows:
No person shall keep or maintain in connection
with any building erected in any land use classification
in which residential uses are permitted or in any resi-
dential unit of a Multiple-Family or Travel Trailer,
Mobile Home and Modular Coah Land Use Classifica-
tion, five (5) or more cats or dogs or combination there-
of, six months of older, unless they have a kennel
license. No person shall keep or maintain on vacnt
property or in connection with any building used for
business, commercial or industrial purposes, more than
four (4) dogs. Nothing contained in this section shall be
construed to permit the use of land or a building as a
dog kennel unless said land or building is located in a
land use classification in which a dog kennel is a per-
mitted use.
Section 701.45 Complaints for Violation: (a) Upon
a receipt of a petition, signed by two (2) or more resi-
dents of Brevard County, each complaint residing in
separate dwellings in the vicinity of the alleged violation,
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
committing such action, an Animal Control Officer
shall investigate the complaint to determine whether
there is probable cause to believe a violation of this
Ordinance occured. In the event the Animal Control
Officer concludes that such probable cause does exist,
the investigating Animal Control Officer shall enforce
this Ordinance purusant to the provisions of Section
701.46. (b) Any violation of this Ordinance personally
witness by an Animal Control Officer shall be suffi-
cient cause for a citation to be issued to the owner or
person in possession or control of such animal(s).
Section 701.46 Enforcement for Violation: (a) The
Animal Control Officer shall impound any animal found
to be cruelly treated as defined in Section 701.32, 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 any infectious or contaigous disease
shall be segregated from other animals so as to prevent
-12-
said animal from coming in contact with any other
animal. Any animal(s) impounded under the provisions
of this section without the owner's consent may be
taken to a Veterinarian for examination and confir-
mation of the alleged cruel treatmenet or contaigous or
infectious disease. (b) The Animal Control Officer shal,
int he event any animal(s) is deemed in violation of this
Ordinance or is owned, kept, harbored or maintained
in violation of this ordinance: Issue a citation to the
owner of such animal. Such citation shall state the
date and time of the issuance of the citation, the name
and address of 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 of-
fense(s) the offense(s) committed, a description
of the animal(s) involved and a demand that the of-
fense(s) be abated within seventy-two (72) hours after
the issuance of the citation. If the person(s) shal fail
to abate the offense(s), the impounding officer shall
file a complaint against the person(s) in violation of this
article with the State Attorney's Office located in Bre-
vard County.
Section 701.47 Right to Enter Upon Private Prop-
erty: For purposes of discharing the duties imposed by
this Ordinance, including the investigation of violations,
and for enforcement of provisions, Animal Control
Officers, Cruelty Officers and the County Health Officer
are empowered to enter upon and private property, not
including any dwelling houses 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
animal be exhibited to said Officer, Animal Control
Officers, Cruelty Officers and the Public Health Officer
shall be empowered to enter upon private property,
including fenced enclosures but not a dwelling house
or structure, for the purpose of apprehending a rabies
suspect animal, animals in need of immediate medical
attention including cruelly treated animals, vicious
animal(s) not properly controlled by the owner and
animals at large if such at large animal is on the prop-
erty of a person other than the owner. Refusal by any
property owner to allow such officers to enter upon
such person's property as authorized by this section
shall constitute a violation of this Ordinance and the
property owner shall be punished as provided for in
Section 701.80. Animal Control Officers, Cruelty Officers
and the Public Health Officer shall be immune from
-13-
prosecution, civil or criminal, for reasonable, good faith
trespass upon real property as authorized by this section.
Section 701.50 Redemption of Impounded Animals:
(a) If any animal is impounded and such animal is not
redeemed within five (5) consecutive days after im-
poundment, the Animal Control Officer, without
notice to the owner of such animal, if any, may dispose
of the animal as provided for in Section 701.51; provided
however, if the owner of the animal is known to the
Animal Control Officer or can be identified by the
Animal Control Officer by reason of some marking or
collar attachment on the animal, the Animal Control
Officer shall notify the owner of the fact that his animal
has been impounded and that he may redeem his animal
within five (5) days of notification. The final day of
the five (5) day period shall only occur on a day which
the County Pound is open for normal operating activi-
ties. The Animal Control Officer shall give written notice
by United States mail or by other appropriate delivery
method. The depositing of a letter of notification in
the United States mail shall constitute notification.
This section shall not apply to animals impounded
purusant to Section 701.54 and Section 701.59.
(b) The owner or owner's agent shall be
entitled to resume possession of any impounded animal
upon compliance, if applicable, with the licensing
provisions in this Ordinance and the payment of im-
poundment fees set forthherein. Proof of ownership
must be given prior to being entitled to resume posses-
sion. Proof of ownership may include a license receipt,
affidavits of neightbors, photographs, or other reliable
documentary evidence.
Section 701.51 Disposition of Impounded Animals:
(a) Any animal impounded under the provisions of this
Ordinance and not redeemed as provided for in Section
701.50 shall become the property of Brevard County,
Florida. The Animal Control 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, or may transfer the title to the Humane
Society which transfer shall follow its adoption proce-
dure in transferring the animal to some responsible and
suitable owner. The Humane Society or any person
-14-
receiving custody of the animal shall report the sale and
the name of the new owner to the Animal Control
Officer and shall keep records of any transfers of such
animals. (b) The Animal Control Officer shall provide
for the immediate disposal of sick, injured or diseased
animals unless such animal is duly licensed or, in the
case of livestock, prominently branded with a brand
which has been reported to,and is currently listed with
Brevard County Animal Control. Licensing must be
pursuant to Section 701.10. Licensed
animals or livestock branded in accordance with this
Section which are sick, diseases or have been injured will
be taken to a Veterinarian and the owner shall be
notified as provided for in Section 701.50.
Section 701.52 Impounding Fees: Any person seek-
ing to redeem or reclaim any animal or livestock or
ownership or an animal or livestock shall pay the im-
poundment fees as shall be established from time to
time by the Board by Resolution.
Section 701.54 Vicious Animals: See County Ord. Amendment
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Section 701.55 Female Dogs and Cats in Season:
The owner of any female dog or cat in heat which is
not kept confined in a building or reasonable 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, shall be guilty of a mis-
demeanor and punished as provided for in Section 701.80.
Any female dog or cat not confined
as herein provided shall be impounded and shall not be
redeemed during said period of heat. When such female
dog or cat shall be redeemed, the Animal Control Officer
shall charge an impounding fee as shall be established
from time to time by the Board.
Section 701.58. Animals Infected with Rabies: It
shall be duty of the owner of any any person know-
ing of any animal infected with or showing suspicious
symptoms of rabies or any unusual behaivor or immedi-
ately upon gaining such information to the existence of
such disease to report the same to the Florida Depart-
ment of Agriculture, Division of Animal Industry, as
required by Section 585.19, Florida Statutes, and to
the County Health Officer.
Section 701.59 Report of Person or Animal Bitten
or Scratched by Suspected Infected Animal: Whenever
the County Health Officer shall be informed that any
animal has bitted or scratched any person or is sus-
pected of having or shows suspicious symptoms of rabies
or any other contaigous disease it shall be the duty of
said County Health Officer to require that: (a) the
Animal Control Officer shall capture such animal alive.
However, such animal may be kiled if its capture
-16-
cannot be effectuated in any other way or if in its
capture a clear and present danger of harm or injury to
the Animal Control Officer or other persons exists.
Such animal, if it is a domestic animal, shall be placed in
quarantine for observation for a period of ten (10) days.
If such domestic animal or animal domesticated from
the wilds was killed during its capture or if such animal
dies during the quarantine period the County Health
Officer shall cause the detachment without mutilation,
and send to the State Board of Health Laboritories for
pathological examination, the head of any animal which
has bitten or scratched any person if in the opinion on
the County Health Officer, such animal is suspected to
have or shows suspicious symptoms of rabies. If such
animal is a wild animal and if in the opinion of the
County Health Officer the animal is suspected of having
rabies or any other contaigous disease then such officer
shall upon capture cause the detachment without
mutilation and send to the State Board of Health Lab-
oritories the head of such animal. (b) The quanrantine
shall be maintained in the County Pound or at the
owner's request, in a veterinary hospital of his choice.
Any animal under quanrantine shall not be released or
moved from the place of the initial quarantine confine-
ment except when authorized by the County Health
Officer. The owner, if any, shall beat the cost ofthe
care, feeding and maintenance of such animal during
quarantine, which cost shall be established by resolution
of the Board of County Commissioners. (c) If the report
of the pathological examination indicates a positive
diagnosis of rabies, the County Health Officer shall
invoke an areawide quarantine for a minimum periof of
sixty (60) days. During such quanrantine the owner of
any animal in the quarantine area shall confine such
animal to his property and shall not permit the animal,
under any circumstances, off his property. (d) The
owner of any dog or cat vaccinated with an approved
anti-rabies vaccine within the past (12) months,
except such dog or cat exempted from the vaccination
in Section 701.21, after receiving approval of the County
Health Officer, may have such dog or cat quanrantined
and confined in a place other than that specified in
Section 701.59, provided the person bitten or scratched,
his parent or legal guardian or his physician does
not object. (e) If the animal is quarantined at a place
-17-
other than the places specified in Section 701.59, and
at any time during the quarantine it is determined by
the County Health Officer that the quanrantine is not
properly maintained in order to insure inapplicable and
the owner shall be guilty is a misdemeanor and punish-
ed as provided for in Section 701.80. In
the event this exemption shall become inapplicable,
the Animal Control Officer, at the owner's expense,
shall impound the animal in the County Pound.
Section 701.60 Surrender of Animal for Quarantine
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 Animal Control Officer at the
direction of the County Health officer, shall be guilty
of a misdemeanor and punished as provided fro in
Section 701.80.
Section 701.61 Killing or Removal from Brevard
County of Rabid Animal: Any person, without the con-
sent of the County Health Officer and except as pro-
vided in Section 701.59, who shall kill, or cause to be
killed, or remove from Brevard County, Florida, any
animal suspected of having or showing suspicious symp-
toms of rabies or any other infectious or contaigous dis-
ease or unusual behavior, or any animal biting a human,
shall be guilty of a misdemeanor and punished as pro-
vided in Section 701.80.
Section 701.62 Surrender of Carcass of Rabid
Animal: Any person who, upon demand, shall not sur-
render to the County Health Officer the carcass of any
dead animal explosed to or suspected of having been
exposed to rabies shall be guilty of a misdemeanor and
punished as provided for in Section 701.80.
Section 701.68 Disposition of Dead Animals:
(a) Any dead animal weighing more than one hundered
(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 Animal Control
Officer. (b) Any person may, on his own real property,
bury or dispose of any dead animal weighing one hun-
dered (100) pounds or less; provided such person com-
plies with the rules and regulations for the disposition of
-18-
dead animals established by the Brevard County Health
Department. (c) The Animal Control Officer shall charge
a disposal fee as shall be established from time to time
by the Board.
Section 701.78 Animal Control Records Required:
(a) It shall be the duty of the Animal Control Officer
to keep, or cause to be kept, accurate and detailed
records oft he licensing, impoundment, and disposition
of all animals coming into his custody. (b) It shall be
the duty of the Animal Control 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 reasonable times by such persons
responsible for similar records of Brevard County, and
shall be audited annunally 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 records of all bite cases reported
to him, and the investigation of same.
Section 701.79 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 provisions
of Section 701.10 through 701.15, except
where expressly stated; provided, however, that this
Section shall not be deemed to preclude a kennel or pet
shop, as herein defined, from existing at the location of
exempt facilities.
Section 701.80. Penalties for Violation of Ordinance:
Any person violating or deemed in violation of any of
the provisions of this Ordinance, shall be guilty of a
misdemeanor and punished by a fine or not more than
Five Hundered Dollars ($500.00) or by imprisonment in
the County Jail for not more than sixty (60) days, or by
both fine and imprisonment. Each day or fraction there-
of the violation continues shall be considered as a
separate offense. Provided, however, that where said
person has been cited pursuant to Section 701.46
this Section shall not be applicable until the
expiration of the seventy-two (72) hour period pre-
scribed on the citation.
Section 701.81 Copy of Regulations to Owners:
Upon receipt of a Brevard County Animal License and
-19-
metallic tag, the owner shall upon request be given with-
out charge, a summarized codification of the rules and
regulations set forth herein.
Section 701.82 Operative in Unincorporated Areas;
Agreements With Municipalities: 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 employ-
ment of any personnel and for the use of any facilities
provided for in this Ordinance; provided that no agree
ment made by the Board shall be operative and effective
unless the municipality which is or is to be a party to
the agreement has duly adopted and enacted the pro-
visions of this Ordinance. Any such municipality may
adopt and enforce additional regulations governing
animal control within the boundaries of such munici-
pality; provided that any such municipal regulations
shall not conflict with tht provisions of this Ordinance,
and that the personnel necessary for and costs of en-
forcement of such additional municipal regulations
shall be borne by the municipality.
Section 701.83 Severability: The provisions of this
Ordinance shall be deemed to be separate and inde-
pendent of all other provisions herein and if any pro-
visions of this Ordinance are declared invalid or void
for any reason, the invalidity thereof shall not affect
the remaining provisions of this Ordinance.
Section 701.84 Penalties: This Ordinance shall become effec-
tive immediately upon adoption and filing as provided
by law.
DONE AND ADOPTED, in regular session this
20th day of October, A. D., 1977.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
[signature]
R. C.Winstead, Jr., Clerk
By
[signature]
Lee Weener, Chairman
-20-
SCHEDULE OF FEES AS FOLLOWS:
Board Fee $3.00 per day
Pickup Fees (First offense) $10.00
Pickup Fees (Second offense) $20.00
Female animals in heat $25.00
Large Animals (Large Livestock) $25.00
Large Animals DOA (DOA Livestock) $25.00
If time exceeds one hour $50.00
License Tags
All Animals(dogs and Cats) $3.00
Replacement Tags (duplicates) $1.00
Maximum Penalties for owners $500.00 or 60 days
ANIMAL SHELTER LOCATIONS
NORTH
Brevard County Animal Control
4 Flake Road, Titusville
Telephone: 269-8379
CENTRAL
Brevard County Animal Control
Humane Society
Cox Road, Cocoa
Telephone: 636-3343
SOUTH
Brevard County Animal Control
2861 Electronics Drive
Melbourne
Telephone: 254-5904
DISTRIBUTED BY:
BREVARD COUNTY DEPARTMENT OF PUBLIC SAFETY
PRINTED BY:
BREVARD COUNTY PRINTING DEPARTMENT
City Adopted
on Ord. #10-70
BREVARD COUNTY
PUBLIC SAFETY
ANIMAL CONTROL ACT
BREVARD COUNTY
FLORIDA
Ordinance No. 70-15
Adopted Sept. 17-1970
ORDINANCE NO. 70 - 15
AN ORDINANCE PROVIDING FOR ANI-
MAL CONTROL IN UNINCORPORATED
AREAS OF BREVARD COUNTY; PROVID-
ING FOR ESTABLISHMENT AND STAFF-
ING OF COUNTY ANIMAL CONTROL
POUND; PROVIDING THAT ANIMALS AT
LARGE, DOGS CREATING NUISANCE, ANI-
MAL DEFECATING OR URINATING ON
PROPERTY NOT BELONGING TO OWNER
AND ANIMALS IN OR ON PUBLIC PARK
OR BEACH WHERE PROHIBITED BY RES-
OLUTION ADOPTED BY COUNTY COM-
MISSIONERS SHALL BE IN VIOLATION OF
ORDINANCE; PROVIDING THAT OWNERS
OF ANIMALS IN VIOLATION OF ORDI-
NANCE 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 OF-
FICER, WHO RELEASE IMPOUNDED ANI-
MALS, WHO INJURE COUNTY POUND OR
WHO CONCEAL CERTAIN ANIMALS
SHALL BE IN VIOLATION OF ORDINANCE;
PROVIDING METHODS AND PROCEDURES
FOR ENFORCEMENT OF VIOLATIONS OF
ORDINANCE; PROVIDING FOR ENTRY UP-
ON PRIVATE PROPERTY FOR ENFORCE-
MENT OF ORDINANCE; PROVIDING FOR
IMPOUNDMENT OF ANIMALS AND THEIR
CARE; PROVIDING FOR REDEMPTION OR
DISPOSITION OF IMPOUNDED ANIMALS;
ESTABLISHING APPREHENSION AND
MAINTENANCE FEES; DEFINING VICIOUS
ANIMAL; REQUIRING THE CONFINEMENT
WITHIN BUILDING OR SECURE ENCLO-
SURE OR IMPOUNDMENT OF CERTAIN
ANIMALS;PROHIBITING REDEMPTION OF
SAID IMPOUNDED ANIMALS; ADOPTING
RULES AND REGULATIONS FOR ANIMALS
KNOWN OR SUSPECTED TO BE INFECTED
WITH RABIES; PROVIDING FOR THE COM-
PULSORY QUARANTINE OF SUCH ANI-
MALS AND THE FEES AND REGULATIONS
(Continued on Page 2)
-1-
FOR SUCH QUARANTINE; PROVIDING
FOR THE DISPOSITION AND PATHOLOGI-
CAL EXAMINATION OF ANIMALS FOUND
TO BE RABID; PROVIDING THAT FAILURE
TO SURRENDER ANIMAL FOR QUARAN-
TINE OR DESTRUCTION AND DESTRUC-
TION OR REMOVAL FROM COUNTY OF
ANIMALS IN QUARANTINE SHALL BE
MISDEMEANORS; PROVIDING RULES,
REGULATIONS AND FEES FOR MANDA-
TORY INOCULATION OF DOGS AND
CATS AGAINST RABIES; PROVIDING
RULES AND REGULATIONS FOR MAN-
DATORY LICENSING OF DOGS AND CATS;
PROVIDING FOR RULES AND REGULA-
TIONS REGARDING LICENSE CERTIFI-
CATES AND LICENSE TAGS; DEFINING
KENNELS; PROVIDING FOR LICENSING
OF KENNELS; ESTABLISHING ANNUAL
FEES AND PENALTIES FOR KENNEL LI-
CENSE; ESTABLISHING HEALTH STAN-
DARDS FOR OPERATION OF KENNELS;
PROVIDING FOR PROPER FEEDING AND
CARE OF ANIMALS AT LICENSED KEN-
NELS; ESTABLISHING PROCEDURES FOR
NOTIFICATION OF LICENSED KENNELS
OF VIOLATIONS OF SAID RULES; REGU-
LATIONS AND HEALTH STANDARDS; PRO-
VIDING FOR INSPECTION OF KENNELS;
PROVIDING FOR CLOSING OF KENNELS
FOR VIOLATION OF PROVISIONS OF THIS
ORDINANCE; DECLARING VIILATIONS
OF ORDINANCE TO BE MISDEMEANORS;
PROVIDING FOR MUTUAL AGREEMENTS
BETWEEN COUNTY AND MUNICIPALITIES
OF EXCLUSIVE OPERATION OF ORDI-
NANCE PROVISIONS WITHIN THEIR COR-
PORATE LIMITS; REPEALING SPECIAL
LAWS OF THE STATE OF FLORIDA, CHAP-
TER 61-1901 AND CHAPTER 65-1282; RE-
PEALING RESOLUTION ADOPTED JULY
11, 1968, REGULATING IMPOUNDMENT
AND DISPOSITION OF ANIMALS DISEASED
OR RUNNING AT LARGE; PROVIDING
FOR AN EFFECTIVE DATE.
-2-
WHEREAS, the present legislation and
rules and regulations do not provide fair, enforce-
able and effective animal control legislation, and
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 legis-
lation, and
WHEREAS, effective animal control
includes the licensing of certain animals, im-
poundment of strays, operation of an animal
pound, disposition of impounded animals, con-
finement of certain animals, prohibiting certain
acts contrary to public health and general wel-
fare, administration of rabies vaccination pro-
grams, inspection of kennels and protection of
animals against cruelty, and
WHEREAS, the Board of County Com-
missioners has the power of home rule,
THEREFORE, BE IT ORDAINED
AND ENACTED, by the Board of County Com-
missioners 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 desig-
nated 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, har-
bors or controls an animal.
-3-
(c) ANIMAL shall mean any living dumb
creature capable of self locomotion.
(d) VICIOUS ANIMAL shall mean any ani-
mal 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 dis-
plays 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 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, con-
tracted with, or employed by the Board
of County Commissioners pursuant to
Sec. 4-3 as Animal Control Officer and
such agents of 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 Depart-
ment and his designated agents.
(h) KENNEL shall mean any place of busi-
ness 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 reg-
ulations 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, har-
bored or maintained.
(i) BOARD shall mean the Board of County
Commissioners of Brevard County, Flor-
ida.
-4-
Sec. 4-2 ESTABLISHMENT OF COUNTY
POUND.
The Board is empowered and authorized to
create, institute, construct, operate and maintain
a County Pound or Pounds at locations selected
by the Board in order to provide adequate ani-
mal 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 per-
son 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 discharge the du-
ties of this office.
Sec. 4-4 through 4-10. RESERVED FOR
FUTURE EXPANSION.
Sec. 4-11. RUNNING AT LARGE PRO-
HIBITED.
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 punished as pro0
vided for in Sec. 4-87 of this Ordinance.
-5-
Sec. 4-12. ANIMALS CREATING NUIS-
ANCE PROHIBITED.
Any animal which habitually barks, whines
howls, or causes other objectionable noise, which
is at large, chases or runs after persons or ve-
hicles, which destroys or damages any property
of another person, which causes serious annoy-
ance to a neighboring resident and interferes with
the reasonable use and enjoyment of his prop-
erty, or which is otherwise offensive so as to
create a nuisance shall be deemed to be com-
mitting 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 pro-
vided for in Sec. 4-87 of this Ordinance.
Sec. 4-13 ANIMALS CREATING NUIS-
ANCE PROHIBITED.
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 imme-
diately abutting on a public sidewalk, or upon
the floor of any theatre, shop, store, office build-
ing, 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 constittues a violation
of this Ordinance. Any person who owns, keeps,
or harbors or has charge, care, custody or con-
trol of 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.
-6-
SEC. 4-14. ANIMALS PROHIBITED IN
PARKS AND ON BEACHES.
No animal shall enter into or on any public
park or beachin the County where such animals
are specifically prohibited; provided, however,
this provision shall not apply unless the pro-
hibition is posted at the public park or beach
where such animals shall be prohibited. No pro-
vision shall be made prohibiting dogs trained to
assist or aid 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 commit-
ting 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 provid-
ed 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.
-7-
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. 4-86 of this Ordinance.
Sec. 4-17. CRUELTY TO ANIMALS PRO-
HIBITED.
Any person who shall deprive of food or water,
cruelly beat or whip, torture, torment, mutilate,
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 insuffi-
ciently 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.
Sec. 4-18. INTERFERING WITH IM-
POUNDING OFFICER: DAMAGING COUN-
TY POUND; RELEASING ANIMALS PRO-
HIBITED.
Any person who shall in any manner interfere
with, hinder, resist, obstruct, or molest the Im-
pounding Officer in the performance of his duty,
or without authority of a Court having jurisdic-
tion to try violations of this Ordinance or without
authority under this Ordinance seek to release
or remove any animal from the custody of the
Impounding Officer, or tear down, burn, deface,
destroy, or otherwise injure any County Pound
or enclosure thereof shall be guilty of a mis-
demeanor and punished as provided for in Sec.
4-86 of this Ordinance.
-8-
Sec. 4-19. CONCEALMENT OF ANIMALS
PROHIBITED.
Any person who shall hold, hide, or conceal
any animal to which he does not have legal title
shall be guilty of a misdemeanor and punished as
provided for in Sec. 4-87 of this Ordinance, pro-
vided, however, that no person shall be in viola-
tion of this section if he shall have reported his
possession of such animal to the County Im-
pounding Officer within fourty-eight (48) hours
after acquiring possession of such animal.
Sec. 4-20 through 4-30. RESERVED FOR
FUTURE EXPANSION.
Sec. 4-31. COMPLAINTS FOR VIOLA-
TION.
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 vicinity in which the violation
in issue occured, made under oath before an
individual authorized by law to take acknowledge-
ments, 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 in-
vestigate the complaint to determine whether
the act complained of violated this Ordinance.
In the event the act complained of constitutes a
violation of this Ordinance, the Impounding Of-
ficer shall enforce this Ordinance pursuant to
the provisions of Sec. 4-32.
Sec. 4-32. ENFORCEMENT FOR VIOLA-
TION.
(a) The Impounding Officer shall impound:
(1) Any animal found to be cruelly treated
as defined 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
-9-
of having rabies or an infectious or
contaigous disease shall be segregated
from other animals so as to prevent
said aniaml from coming in contact
with any animal.
(2) Any dog or cat not licensed as pro-
vided for in this Ordinance.
(b) The Impounding Officer shall, in the event
an animal is deemed in violation of this
Ordinance or is owned, kepy, harbored,
or maintained in violation of this Ordi-
nance:
(1) Issue a "Notice of Violation" to the
owner of such anima;' such "Notice of
Violation" shall state the date and time
of the issuance of the Notice, the name
and address of the person(s) in viola-
tion, 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 issu-
ance of the Notice. If the person(s)
shall fail to abate the offense(s), the
Impounding Officer shall file a com-
plaint against the person(s) in violation
of this ordinance with the County So-
licitor of Brevard County, Florida, or
(2) Impound such animal.
Sec. 4-33. RIGHT TO ENTER UPON PRI-
VATE PROPERTY.
For purposes of discharing the duties imposed
by this Ordinance, including investigation of pos-
sible 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 jurisidiction 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 animal
be exhibited to said officer, provided the Im-
pounding Officer shall be empowered to enter
into any such fenced enclosure to impound any
animal known or suspected of biting or scratch-
ing any person or any animal infected with or
showing suspicious symptoms of rabies.
-10-
Sec. 4-34 and 4-35. RESERVED FOR FU-
TURE EXPANSION.
Sec. 4-36. REDEMPTION OF IMPOUND-
ED ANIMALS.
(a) If any animal is impounded and such ani-
mal is not redeemed within seven (7) con-
secutive days after impoundment of such
animal, including the day of impoundment,
the Impounding Officer, without notice to
the owner of such animal, if any, may
dispose of the animal as provided for in
section 4-37; provided, however, if the
owner of the animal is known to the Im-
pounding Officer or can be identified by
the Impounding Officer by reason of some
marking of collar attachment on the ani-
mal, the Impounding Officer shall notify
the owner of the fact that his animal has
been impounded and that he may redeem
his animal within even (7) days of notifi-
cation. 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 pur-
suant to section 4-40 and Sec. 4-47 of
this Ordinance.
(b) The owner or owner's agent shall be en-
titled to resume possession of any impound-
ed animal upon compliance, if applicable,
of the licensed provisions in this Ordi-
nance 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.
-11-
Sec. 4-37. DISPOSITION OF IMPOUND-
ED 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 Offi-
cer 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 to reclaim any
animal or ownership of any animal shall pay the
impoundment fees herein provided. The Impound-
ing Officer shall charge and collect an arrest,
apprehension or detention fee of 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 im-
pounded. 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 aprehended or impounded.
Sec. 4-39. RESERVED FOR FUTURE EX-
PANSION.
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 willfully or
through a failure to exercise due care or control,
or take such animal out of such building or se-
cure enclosure in such 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 impound-
ed and shall be redeemed as provided for in Sec.
4-38 of this Ordinance. if such vicious animal
-12-
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, Brevard 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 tranferred 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. FEMALE 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 hosptial, or boarding ken-
nel in such a manner that such female dog or
cat cannot come in contact with another dog or
cat, except for intentional breeding purposes,
shall guilty of a misdemeanor and punished
as provided for in Sec. 4-87 of this Ordinance.
Any female dog or cat not confined as herein
provided shall be impounded and shall not be
redeemed 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 suspicious symptons of rabies or any
unusual behavior to report the same within
twelve (12) hours to the County Health Officer.
-13-
Sec. 4-46. REPORT OF PERSON OR ANI-
MAL BITTEN OR SCRATCHED BY SUS-
PECTED 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 re-
port 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. 44-6 DUTIES OF COUNTY HEALTH
OFFICER IN SUSPECTED RABIES CAS-
ES.
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 in-
fectious or contaigous disease or any unusual
behaivor, 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 ani-
mal unless in its capture a clear and present
danger of harm or injury to the Impound-
ing Officer or other persons exists. Such
animal shall be placed in quarantine for
observation for a period of at least ten
(10) days from the date of bite or scratch.
The County Health Office shall cause the
detachment without mutilation and send
to the State Board of Health Laboratories
for 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
-14-
or scratched, his parent or legal guardina,
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 quaran-
tined for observation for a period of twen-
ty-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 re-
leased or moved from the place of the
initial quarantine confinement unless per-
mission is obtained from the County
Health Officer. The owner, if any, shall
bear the cost of the care, feeing and main0
tenance cost of a quarantined animal. If
quarantine is maintained at the County
Pound, the care, feeding and maintenance
fee shall be two dollars ($2.00) 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.
(d) If the report of the pathological examina-
tion indicates a positive diagnosis or rabies,
the County Health Officer shall invoke an
area-wide quarantine for a minimum per-
iod of sixty (60) days. During such quaran-
tine the owner of any animal shall confine
his animal to his property and shall not
permit the animal, under any circum-
stances, off his property or premises.
-15-
(e) The owner of any dog or cat vaccinated
with an approved anti-rabies vaccine with-
in the past twelve (12) months, except such
dog or cat exempted from the vaccination
in sec. 4-65, after recieving 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
a place 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
properly maintained in oredr to insure iso-
lation of the animal, the privilege of this
exemption shall become inapplicable. In
the event this exemption shall become in-
applicable, the Impounding Officer, at the
owner's expense, shall impound the animal
in the County Pound.
Sec. 4-48. SURRENDER OF ANIMAL FOR
QUARANTINE OR DESTRUCTION.
Any person who shall fail to surrender any
animal for quarantine or destruction as required
herein, when demand is made therefor 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
BREVARD COUNTY OF RABID ANIMAL.
Any person, except as provided in Sec. 4-
47(a), who shall kill, or cause to be killed, or
remove from Brevard County, Florida any rabid
animal, any animal suspected of having or show-
ing suspicious symptoms of rabies or any other
infectious or contaigous disease or unusual be-
havior, or any animal biting a human, without
consent of the County Health Officer, shall be
guilty of a misdemeanor and punished as provid-
ed for in Sec. 4-86 of this Ordinance.
-16-
Sec. 4-50. SURRENDER OF CARCASS
OF RABID ANIMAL.
Any person who, upon demand, shall not sur-
render 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 FU-
TURE EXPANSION.
Sec. 4-53. LICENSE CERTIFICATE RE-
QUIRED.
Every person who owns, keeps, or harbors
within Brevard County any dog or cat over the
age of four (4) months shall obtain a Brevard
County Animal License for such dog or cat, ex-
cept 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 vaccina-
tion. 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 num-
ber 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 ap-
proved by the Animal Control Officer. Such tag
or mark shall have a license identification num-
ber which corresponds to the number on the Li-
cense Certificate. The color of the 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.
-17-
Sec. 4-55. ISSUANCE OF LICENSE CER-
TIFICATE AND TAG.
The Brevard County License Certificate and
license tag or mark shall be issued by:
(a) The Impounding Officer, or
(b) Any veterinarian who is herein authoized
to administer anti-rabies innoculations and
who agrees to collect the fee for the Li-
cense Certificates 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 ad-
ministering the innoculation. The copy re-
tained by the veterinarian shall be deemed
to be the Certificate of Vaccination re-
quired in Sec. 4-64(b).
Sec. 4-56. LICENSE TAG TO BE AT-
TACHED 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 Li-
cense shall be Two Dollars ($2.00).
Sec. 4-58. ISSUANCE OF DUPLICATE
TAG.
In the event or loss of destruction of the
metallic license tag issued pursuant to Sec. 4-54,
the owner shall obtain a duplicate tag. The du-
plicate tag shall be issued at a cost of One
Half Dollar ($.50).
-18-
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 personsl
provided, however, such dogs are actually
being used for the purpose of assisting or
aiding such persons.
(b) The licensing requirements of this section
shall not apply to animals whose owners
are not residents of Brevard 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 EXPANSION.
Sec. 4-63. VACCINATION OF DOGS AND
CATS.
Each year every person 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 vac-
cine approved of by the County Health Officer.
The County Health Officer shall only desingate
anti-rabies vaccines produced or manufacutred
by authorities licensed by the United States De-
partment of Agriculture.
Sec. 4-64. ADMINISTRATION OF RA-
BIES VACCINATION.
(a) All veterinarians actively engaged in the
practice of veterinary medicine in Brevard
County, who are duly registered and li-
censed as such by the State of Florida, are
hereby authorized to vaccinate dogs and
cats against rabies.
-19-
(b) Any authorized veterinarian who shall ad-
minister any anti-rabies innoculation shall
execute, in duplicate, a Certificate of Vac-
cination; provided, however, that any vet-
erinarian 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 Vac-
cination shall state the date of the vaccination
and type of vaccine administered, the per-
son 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 ani-
mal. One copy of the Certificate shall be
given to the owner and one retained by
the person administering the innoculation.
Sec. 4-65. EXCEPTIONS TO VACCINA-
TION REQUIREMENTS.
No dog or cat shall require vaccination if:
(a) A licensed veterinarian has examined the
animal and certified that at such time vac-
cination would endanger its health because
of its age, infirmity, debility, illness or
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.
The cost of the rabies vaccination shall be
borne by the owner of the animal.
-20-
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 ken-
nel shall pay an annual license fee of Fif-
teen 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 misdemeanor and
punishable as provided for in Sec. 4-87
of this Ordinance.
(b) All kennel licensed shall be issued for one
(1) year beginning 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 state 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
assessed a penalty of fifty per cent (50%)
of the license fee which amount shall be
added to and collected with the regular
license fee; provided, however, no penalty
shall be assessed against the owners and
operators of kennels which were not sub-
ject to licensing until after the start of the
licensing year, if the license is secured
within thirty (30) days after beinning any
operations as a kennel.
(c) The owners and operators of any kennel
shall propetrly feed and care for all animals
in their care. The premises of said kennel
shall be periodically inspected during rea-
sonable business hours of said establish-
ment by the County Health Officer. The
County Health Officer shall issue a Notice
of Violation of 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 Viola-
tion. Failure to correct the unclean and
-21-
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 Brevard County,
Florida.
Sec. 4-71 through 4-73. RESERVED FOR
FUTURE EXPANSION.
Sec. 4-74. DISPOSITION OF DEAD ANI-
MALS.
(a) Any dead animal weighing more than one
hundered (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 Im-
pounding Officer.
(b) Any person may, on his own real property,
bury or dipose of any dead animal weigh-
ing one hundered (100) pounds or less; pro-
vided such person complies with the rules
and regulations for the disposition of dead
animals established by the Brevard County
Health Department.
(c) The Impounding officer shall chage and
collect from the owner, if any, for the
disposition of dead animals, a fee of Twen-
ty-Five Dollars ($25.00); provided, ho-
ever, that the fee shall be Fifty Sollars
($50.00) if saif Officer is not notified of
the death of an animal within forty-eight
(48) hours of its death.
Sec. 4-75 though 4-83. RESERVED
FOR FUTURE EXPANSION.
Sec. 4-84. ANIMAL CONTROL RECORDS
REQUIRED.
(a) It shall be the duty of the Impounding
Officer to keep, or cause to be kept, ac-
curate and detailed records of the licensing,
impoundment, and disposition of all ani-
mals coming into his custody.
-22-
(b) It shall be the duty of the Impounding Of-
ficer to keep, or cause to be kept, accu-
rate and detailed records of all monies
belongings to Brevard County. Such records
shall be open to inspection at reasonable
times by such persons responsible for simi-
lar 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, ac-
curate and detailed records of all bite cases
reported to him, and his investigation of
same.
Sec. 4-85. EXEMPTIONS FROM ORDI-
NANCE.
Hosptials, clinics and other premises, exempt
kennels, operated by licensed veterinarians for
the care and treatment of animals are exempt
from the provisions of this Ordinance, exdept
where expressly stated; provided, however that
this section shall not be deemed to preclude a
kennel, as herein defined, from existing at the
location of exempt facilities.
Sec. 4-86 PENALTIES FOR VIOLATION
OF ORDINANCE.
Any person violating or deemed in violation
of any of the provisions of this Ordinance, not
in violation of or punished as provided for in
Sec. 4-87, shall be guilty of a misdemeanor and
punished by a fine or not more than One Hun-
dered Dollars ($100.00) or by imprisonment in
the County Jail for not more than thirty (30)
days, or by both fine and imprisonment. Each
day or fraction thereof the violation continues
shall be considered as a separate offense.
-23-
Sec. 4-87. ALTERNATIVE PENALTIES
FOR VIOLATION 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 Hundered Dollars ($100.00). Each
day or fraction thereof the violation continues
shall be considered as a separate offense.
Sec. 4-88. COPY OF REGULATIONS TO
ALL OWNERS.
Upon receipt of the Brevard County Animal Li-
cense and metallic tag, the owner shall be given
without charge a summarized codification of the
rules and regulations set forth herein.
Sec. 4-89. OPERATIVE IN UNINCOR-
PORATED AREAS; AGREEMENTS WITH
MUNICIPALITIES.
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 Or-
dinance; provided that no agreement made by
the Board shall be operative and effective unless
the municipality which is or is to be a party to
the agreement has duly adopted and enacted the
provisions of this Ordinance. Any municipality
may adopy 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 per-
sonnel necessary for and costs of enforcement
of such additional municipal regulations shall be
borne by the municipality.
-24-
Sec. 4-90. SEVERABILITY.
The provisions of this Ordinance shall be
deemed to be separate and independent of all
other provisions herein and if any provisions if
this Ordinance are declared invalid or void for
any reason, invalidity thereof shall not affect
the remaining provisions of this Ordinance.
Section 4. This Ordinance shall become
effective immediately upon passage as provided
in Florida Statutes.
DONE AND ADOPTED in Regular
Session this 17th day of September, 1970.
BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
By [signature]
Andrew J. Hurst, Chairman
ATTEST:
[signature & seal]
Curtis R. Barnes, Clerk
OFFICIALLY FILED WITH
THE SECRETARY OF STATE
September 24, 1970
-25-
ORDINANCE NO. 12-79 ok
AN ORDINANCE ADOPTING BREVARD COUNTY, FLORIDA
ORDINANCE NO. 77-39 RELATING TO ANIMAL CONTROL,
WHICH ORDINANCE IS ADOPTED FOR THE REGULATION
OF ANIMAL CONTROL WITHIN THE CITY OF CAPE
CANAVERAL, FLORIDA; BY DESIGNATING ALL PUBLIC
PARKS AND BEACHES AS AREAS IN WHICH ANIMALS ARE
PROHIBITED; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Brevard County, Florida Ordinance No. 77-39
adopted by the Board of County Commissioners on October 20, 1977,
relating to animal control in Brevard County, a copy of which is
filed with the City Clerk 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. Pursuant to Section 4-30 of said ordinance, the
City of Cape Canaveral, Florida does hereby designate all public
parks and public beaches as areas in which animals are prohibited.
SECTION 3. Animal Control Officer shall mean the person or
persons appointed by, contracted with or employed by the Board of
County Commissioners pursuant to Section 701.04 or by the City of
Cape Canaveral, Florida to carry out the duties and enforcement of this
ordinance.
SECTION 4. All portions of the City Code in conflict
herewith are hereby repealed.
SECTION 5. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 7th day of August , 1979.
[signature]
Mayor
Attest:
[signature & seal]
City Clerk
Approved as to form:
[signature]
City Attorney
*AMENDED ON SECOND READING
First Reading: July 17, 1979
Posted: July 23, 1979
Advertised: July 27, 1979
Second Reading: August 7 1979
NAME YES NO
BOYD YES
CALVERT YES
LEE YES
MURPHY YES
RUTHFERFORD YES
Section 4-53. Impounding Fees: Any person seeking
to redeem or reclaim any animal or livestock or
ownership of any animal or livestock shall pay the
impoundment fees as shall be established from time
to time by the Board by Resolution.
Section 4-55. 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 willfully or through a failure to exercise due
care or control, or take such animal out of such
building or secure enclosure and thereby allows such
animal to roam at large shall be guilty of a mis-
demeanor.
Section 4-56. Female Dogs and Cats in Season: The
owner of any female dog or cat in heat which is not
kept confined in a building or reasonably 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, shall be guilty of a
misdemeanor.
Section 4-81. Penalties for Violation of Ordinance:
Any person violating or deemed in violation of any of
the provisions of this Ordinance shall be guilty of a
misdemeanor and punished by a fine of not more
than Five Hundred Dollars ($500.00) or by imprison-
ment in the County Jail for not more than sixty (60)
days, or by both fine and imprisonment. Each day or
fraction thereof the violation continues shall be
considered as a separate offense. Provided, however,
that where said person has been cited pursuant to
Section 4-47 of this Ordinance this Section shall not
be applicable until the expiration of the seventy-two
(72) hour period prescribed on the citation.
BREVARD COUNTY DEPARTMENT OF PUBLIC SAFETY
KNOW YOUR BREVARD COUNTY
ANIMAL CONTROL
ORDINANCE AND LAWS
Section 4-11. License Certificate Required: Every
person who owns, keeps, or harbors within Brevard
County any dog or cat over the age of four (4)
months shall obtain a Brevard County Animal License
for such animal, except that no license shall be issued
unless such animal has been inoculated against rabies
as herein provided.
Section 4-20. Vaccination of Animals: Each year
every person who shall own, keep or harbor any dog
or cat over the age of four (4) months within Brevard
County shall have such animal vaccinated against
rabies by a Veterinarian licensed by the State of
Florida, with a vaccine approved by the County
Health Officer.
Section 4-27. Running at Large Prohibited: (a) 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.
(b) Any animal found at large by an Animal Control
Officer shall be impounded by such Officer. (c) Any
property owner may procure from Animal Control
a cat trap to set out on owner's property in order to
trap at large cats. Any cat trapped while at large shall
be turned over to the County Pound.
Section 4-28. Animals Creating Nuisance Prohibited:
Any animal which barks, whines, howls, or causes
other objectionable noise, which is at large, chases
or runs after persons or vehicles, which destroys or
damages any property of another person, and causes
serious annoyance to a neighboring resident and inter-
feres with the reasonable use and enjoyment of such
resident's property, 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 misde-
meanor.
Section 4-33. Cruelty to Animals Prohibited: Any
person who shall deprive of food or water, cruelly
beat or whip, torture, mutilate, kill, or otherwise 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 owner or otherwise,
who shall overdrive, overwork, overload, or insuffi-
ciently feed such animal, or cause or procure the
same to be done by others, shall be guilty of a mis-
demeanor.
Animal Control (Cad #1) Ordinance #
oB1-pg 54-10/16/62 #8-62
Amend oB1- 8/2/66 8-62A
Adopting County Control
oB5-pg 75 - 8/6/68 #5-68
ADOPT NEW City Control 10/20/70 10-70
AMENDED Ord 10-70 9/7/71 (Hoors animals allowed indesg.) 14-71
AMENDED Ord 10-70 9/21/71 (animals at large) 16-71
EMERGENCY ORD. FOR HANDLING COMPLAINTS
ON VIOLATION OF ORD. 10-70 5/21/74 #18-74
see next card
MEND ANIMAL CONT. ACT ORD (#10-70)6/18/74 #19-74
ANIMAL CONTROL CARD #2
NOTE: ORDINANCE 19-74 REPEALED ORD. 14-71
See also Resol. 74-18 re:
Prohibiting Animals from entering
Beaches
Ord. #7-78 Amend Animal Control Act 4-18-78
Ok: by increasing animal impound fees