|
|
|
|
|
|
Animal Care and Control: ORDINANCES
|
ORDINANCE 86-47 |
|
CLAY COUNTY ANIMAL CONTROL |
An Ordinance relating to the control of animals within Clay County, repealing
a certain ordinance currently in force; providing the authority and purpose of
the ordinance; providing definitions; providing for the construction and maintenance of animal pounds and fees for impounded
animals; providing for an animal control department head. Providing for the
department head's appointment, compensation, powers and duties; requiring the
vaccination of dogs and cats; requiring collar and identification tag;
prohibiting animals at-large from public and private property; providing for
control of fierce, dangerous, and vicious animals; prohibiting animals which
constitute nuisances; providing for confinement of female dogs and cats in heat;
providing for curbing of dogs; providing for disposal of impounded animals and
animals which constitute a nuisance; requiring confinement of fierce, dangerous
and vicious animals; providing for seizure of animals by private property owners
and tenants; providing for impoundment and disposal of animals delivered to the
animal control division; prohibiting luring, enticing, seizing, molesting or
teasing animals; providing for enforcement of the ordinance; providing for fines
for violation of the ordinance; prohibiting interference with enforcement of
this ordinance, providing for quarantine of certain animals; providing for
impoundment and treatment of sick and injure animals; providing for disposal of
dead animals; providing for rules and regulations under the ordinance; providing
for construction of ordinance provisions; providing for area of enforcement; providing for
severability; and providing and effective date.
Now therefore be it ordained by the Board of County
Commissioners, Clay County, Florida, that:
SECTION 1:
|
Clay
County Ordinances 82-20 and 83-47all of which are related to Animal
Control are repealed; |
|
SECTION 2: |
SHORT TITLE;
AUTHORITY AND PURPOSE OF PROVISIONS:
|
|
This Ordinance shall be referred
to as the
"CLAY COUNTY ANIMAL CONTROL ORDINANCE" and is enacted under the home
rule powers of the Board of County Commissioners to regulate animal owners
and keepers in the interest of the health, safety and welfare of the
citizens of Clay County.
|
|
SECTION 3: |
DEFINITIONS: |
|
a.
|
"Animal"
means a dog or cat, any bird reptile, rodent or
other animal having and identifiable owner or keeper, or any skunk, raccoon,
opossum or fax which intrudes upon either residential property where the humane
trapping and removal of animals has been requested by the owner, his agent or
tenant, or the relevant government body. |
|
b. |
"Animal
At-Large" means any animal
other than a cat, which is not under control, custody, charge or possession of
the owner or their responsible person, by leash, chain, effective voice command,
secure fence or other means of confinement or restraint. |
|
c. |
"Board" means the Board of County Commissioners of Clay
County. |
|
d.
|
"DANGEROUS ANIMAL" means any animal
which has attacked, without provocation, a person or other animal or which has
been trained to attack on command. |
|
e. |
"Department Head"
means the Animal Control Department Head
authorized by this Ordinance. |
|
f. |
"Effective Voice Command" means a voice control by a
competent person which at all times prevents the animal subject to the voice
control from running at large or otherwise violating the provisions of this
Ordinance. |
|
g. |
"Fierce Animal"
means any animal not dangerous or vicious
but which frequently shows aggressive tendencies. |
|
h.
|
"Keeper" means any person or
corporation possessing or having custody of an animal. |
|
i. |
"NEUTERED OR SPAYED" means rendered permanently
incapable of reproduction by surgical alteration, implantation of a device or
other physical means, or permanently incapable of reproduction because of physiological
sterility, but only where neutered or spayed condition has been certified by a
veterinarian licensed in any state. |
|
j. |
"Collar or Tag" means identification collar and rabies tag. |
|
k.
|
"Notice" means a notice to appear, unless the context of
the Ordinance requires a different definition. |
|
l. |
"Nuisance" means any animal conduct or behavior including
but not limited to habitual or repeated destruction, desecration or soiling of
any public or private property, habitual chasing of persons, cars, other
vehicles or running at large that cause a disturbance to the peace or cause
injury or threat of injury to persons or property. |
|
m.
|
"Owner" means any person or
corporation owning an animal or any person who feeds or shelters an animal or
permits it to remain or the person's property. |
|
n. |
"Animal Control Officer" means any assistant to the
department head who has been so designated. |
|
o. |
"Vicious
Animal" means any animal
which has made two (2) or more unprovoked attacks on persons or animals, or an
animal which has inflicted serious bodily harm on a person.
Top
of Page |
|
SECTION 4: |
CONSTRUCTION;
MAINTENANCE OF POUND; PURPOSE; FEES FOR IMPOUNDED ANIMAL: |
|
1. |
The Board may purchase, lease or construct, and
may operate and maintain county pounds or sub-pounds to retain animals at large,
any fierce, vicious or dangerous animals not properly secured or restrained by
the owner, keeper, animals having or believed to have rabies or other infectious
or contagious disease, dogs and cats not licensed and inoculated as required by
this Ordinance or any animal otherwise owned, kept or maintained in violation of
this ordinance. |
|
2. |
The Board may charge reasonable fees for impounding animals under this ordinance.
The owners or keepers of impounded animals shall pay fees and execute a sworn
statement of ownership or responsibility as a condition precedent to release of
an impounded animal. Fees collected shall be deposited in the general
Revenue Fund of the County, and all expenses of administrating this Ordinance
shall be paid from that fund. The Board shall promulgate by resolution all
charges to be paid under this Ordinance. |
|
3. |
Notwithstanding the above
subsection, a dog or cat which is not licensed shall not be released from
a county pound until provisions have been made to properly inoculate the
animal for rabies.
|
| SECTION 5: |
ANIMAL CONTROL DEPARTMENT
HEAD; APPOINTMENT; DUTIES: |
|
1. |
The Board or its Administrator is authorized to employ a suitable person to
serve as Animal Control Department Head, hereinafter called "the Department
Head" to carry out the purposes of this Ordinance. |
|
2. |
The Department head and his authorized animal control officers may catch, seize
or pick up: |
|
|
a. Any stray animal. |
|
|
b. Any animal at large. |
|
|
c.
Any fierce, vicious or dangerous animal not
properly restrained or secured by the owner or keeper. |
|
|
d. Any animal carrying or believed to be carrying
rabies or other infectious or contagious disease. |
|
|
e. Any sick or injured animal for which the owner
or keeper cannot be found after reasonable effort to do so, or for which the
owner or keeper is unable or unwilling to provide proper care. |
|
|
f. Any other animal authorized by this ordinance to
be impounded, caught, seized or picked-up. |
|
3. |
The Department Head or his officers or
assistants shall impound and otherwise dispose of all animals lawfully caught,
seized or picked up as provided under this ordinance. |
|
4. |
The Department Head or his authorized officers
or assistants shall investigate complaints or actions allegedly in violation of
this ordinance and shall issue citations demanding that the violation cease or
be corrected. |
|
5. |
Pursuant to law, the department head and his authorized assistants may enter
public or unfenced private property within the County, except residential
buildings, to carry out the duties imposed by this ordinance.
|
| SECTION 6: |
VACCINATION OF DOGS AND
CATS: |
|
1. |
Any person who owns or keeps a dog or cat four (4) months or older shall cause
the dog or cat to be vaccinated against rabies by a licensed veterinarian.
Evidence of vaccination shall consist of a "RABIES
VACCINATION AND LICENSE CERTIFICATE" signed by the veterinarian
administering the vaccination. A tag must be attached to the animal's
collar, which shall be worn by the animal at all times. A license
certificate and license tag issued for one animal is not valid for any other
animal. |
|
2. |
Any non-resident who brings a dog or cat four (4) months of age or older into
Clay County with intent to reside within the County permanently or temporarily
for a minimum of (6) months, shall obtain a license certificate and a license
tag. |
|
3.
|
Vaccination is excused only if the owner or keeper can prove that the dog or cat
has been vaccinated against rabies within the past six (6)months by a
veterinarian licensed to practice in any state or if a licensed veterinarian
certifies in writing that a vaccination would be injurious to the animal's
health. In the latter case, the animal shall be kept in an enclosed
building or kennel until the veterinarian can safely vaccinate the animal.
Top
of Page |
| SECTION 7: |
ANIMAL AT LARGE PROHIBITED; RESTRAINT OF FIERCE;
DANGEROUS; VICIOUS ANIMALS; CONFINEMENT OF FEMALE DOGS AND CATS IN HEAT;
"CURBING DOGS": |
|
1. |
It is
unlawful for any owner or keeper of an animal other than a cat to willfully or
negligently allow the animal to run at large on any public property or on any
private property. Any animal under the close supervision of its owner or
keeper engaged in lawful hunting, in an organized animal exhibition, field
trial, competition, lawful sport or training for these activities shall not be
deemed to be an animal at large. It is unlawful for owners or keepers of a
diseased cat to allow the animal to run at large. |
|
2. |
It is
unlawful for the owner or keeper of an animal previously declared by the
department head to be a fierce, vicious or dangerous animal either willfully or negligently
to allow the animal to run at large or to fail to secure, restrain or confine
the animal as ordered by the department head pursuant to this Ordinance. |
|
3. |
It is
unlawful for any owner or keeper to permit a female dog or cat in heat (estrus)
to be upon the streets or in any public place. The owner or keeper of a
female dog or cat in heat shall confine the animal so as to make it inaccessible
to any male dog or cat except for controlled and intentional breeding purposes
within such confinement. Confinement solely by leach, chain or other
similar restraint, or within a fence, open kennel, open cage or run may be, but
shall not be presumed to be in compliance with this section. |
|
4. |
It is
unlawful for a dog owner or keeper to permit the dog, either willfully or
negligently, to defecate upon: |
|
a. |
Any public park or beach or school ground other than in
areas designated for that purpose; or |
|
b. |
Any private property without the permission of the property
owner. When this subsection is violated, the owner or keeper shall
immediately remove any feces deposited by the dog. Failure to do so immediately
shall constitute an additional violation of this section.
|
|
SECTION 8: |
SEIZURE; DESTRUCTION OF ANIMALS; DISPOSAL OF
IMPOUND ANIMALS; COMPENSATION TO OWNERS:
Amended 86-47 to 88-55 (See Section 8) |
|
1. |
Upon
complaint, the Department Head shall investigate whether an animal is vicious or
a nuisance. If the department head determines that the animal is vicious
or a nuisance, he may, in his sole discretion: |
|
a. |
Notify the owner or keeper in writing, stating all the
facts known to him and ordering the owner or keeper to confine the animal to a
substantial enclosure or to chain it securely to the owner's property or
otherwise to control it in a reasonable manner specified by the department head;
whereupon, the owner or keeper shall immediately comply with the department
head's written order, and his or her failure to so comply shall constitute a
violation of this ordinance subjection the violator to the penalties herein and
subjecting the animal to seizure under Section 5; or |
|
b. |
Apply with the circuit court for an order authorizing his
designee to enter into or upon the property wherein the animal is maintained and
to seize the animal. Such application shall be governed by the law of the
State of Florida concerning injunctions, and the procedure observed shall
conform substantially with the Florida Rules of Civil Procedures, as amended
from time to time, including but not limited to Rule 1.610 thereof.
Accordingly, applications may be made with or without notice to the owner or
keeper for an interlocutory order authorizing entry and seizure pending final
adjudication on the merits of the application for entry and seizure, in
accordance with the foregoing rule. Upon the entry of a final judgment
authorizing entry and seizure hereunder, the department head or his designee may
enter upon said premises upon which the animal is located and seize it and
destroy it in a humane manner. |
|
2. |
The
department head may dispose of any animal otherwise lawfully seized and
impounded to this Ordinance where: |
|
a. |
No owner exists; or |
|
b. |
No owner is identified after reasonable attempts by the
department head to do so for a reasonable period of time; or |
|
c. |
An owner exists but cannot be contacted after reasonable
attempts to do so by the Department Head for a reasonable period of time; or |
|
d. |
An owner has been contacted but by his/her actions, failure
to act or statements has indicated an intent to abandon the animal. |
|
e. |
The department head shall make every reasonable effort to
identify and notify an owner of keeper of the impounded of his animal.
Pursuant to this ordinance, such efforts shall be made for a reasonable period
of time as determined by the Board. However, where the department head
complies fully and makes every effort based upon the circumstance to identify
and notify such owner or keeper and where such efforts fail; resulting in the
sale or destruction or other disposal of the animal, the department head shall
be deemed to have complied dully with due process of law, and no owner or keeper
shall be entitled to any compensation for loss of the animal.
Top
of Page |
|
SECTION 9: |
CONFINEMENT OF FIERCE, DANGEROUS OR VICIOUS
ANIMALS:
(Amended 86-47 to 88-55 Section 9) |
|
Upon compliant, the department head shall investigate whether an animal is fierce or dangerous. If the
department head finds that such an animal is a
fierce or dangerous animal, he shall notify the owner or keeper in writing
stating all the facts known to him and shall order the owner or keeper to
confine the animal to a substantial enclosure or to chain it securely to the
owners property or otherwise to control it in a manner specified by the
department head's written order. Failure to so comply constitutes a violation of this
Ordinance and subject to owner or keeper to the penalties herein and subjects
the animal to seizure under Section 5 above.
|
|
SECTION 10: |
SEIZURE OF ANIMALS BY PROPERTY OWNERS OR
TENANTS; DELIVERY TO DEPARTMENT HEAD; IMPOUNDMENT AND DISPOSAL; STANDARD OF CARE
TO BE EXERCISED BY SEIZING PARTY: |
| The Board finds and declares that problems of animal over-population in Clay
County requires not only the resources of the county's animal control
department, but also the aid and assistance of private deputies.
Therefore; |
|
1. |
It is lawful
for a property owner or tenant to seize in a humane manner any dog, cat or other
animal running at large on his property in violation of Section 7 of this
Ordinance. Where such seizure is made, the property owner or tenant shall
immediately deliver the animal to the department head or his assistant.
The property owner or tenant shall treat the animal humanely and shall exercise
utmost care to ensure the animal's safety and well being. |
|
2. |
The
Department Head may impound any animal delivered by its owner or by a property
owner or tenant pursuant to the above paragraph and may release or dispose of
the animal pursuant to this Ordinance. |
|
3. |
Any person who
seized an animal pursuant to this section shall exercise utmost care to
treat an animal humanely and to avoid any injury, sickness, hunger or any
other ailment or affliction whatsoever in both the seizure of the animal and
the delivery of the animal to the department head. Any person unable
to comply with the foregoing for any reason shall not seize and deliver any
animal and any person who does injure or maim any animal or who does subject
an animal to hunger, sickness, or any other ailment or affliction, whether
intentionally or negligently in the exercise of the person's authority under
this section, is in violation of this ordinance and subject to penalties
herein.
|
|
SECTION 11: |
LURING, ENTICING, MOLESTING OR TEASING ANY
ANIMAL: |
| It is unlawful
for any person to entice or lure any animal out of an enclosure or off the
property of its owner or keeper or to seize, moles, or tease any animal
while the animal is on the property of its owner or keeper.
|
|
SECTION
12: |
ENFORCEMENT.
THIS ENTIRE ENFORCEMENT SECTION HAS BEEN AMENDED. (Amended Ordinance
94-22 Section 4-29) |
|
1. |
Upon observing a violation of this ordinance,
the department head or animal control officer or any law enforcement
officer may either: |
|
a. |
Issue a warning citation to the
owner of keeper of the animal, provided the citation states the date and
time of issuance, the name and address of the person accused, the nature
of the offense, a description of the animal involved and a demand that the
offense to abated within seventy-two (72) hours or the Department Head
shall without delay commence prosecution of the offense as a second degree
misdemeanor. |
|
b. |
Issue a citation in the form of a
notice to appear to any person violating this ordinance charging the
commission of a second degree misdemeanor. |
|
c. |
Impound the animal which is the
subject of the violation and issue the citation provided in subsection
(6). |
|
2. |
Upon receipt of an animal control
officer of an affidavit of complaints signed by three or more competent
persons residing in separate dwellings, where all affidavits are made
under oath before an individual authorized to take acknowledgments,
setting forth the nature and date of the act, the owner of keeper of the
animal, the address of the owner or keeper, and a description of the
animal, the Department Head or animal control officer or other law
enforcement officer shall investigate the complaint to determine whether
there is probable cause to believe a violation of the ordinance has
occurred. If probable cause exists, the Department Head or animal
control officer may take any action provided in subsection (1). |
|
3. |
The willful violation of any part
of this ordinance by any person shall constitute a misdemeanor of the
second degree, punishable by a fine not to exceed $500.00 and/or imprisonment
in the county jail for a term of not to exceed 60 days. |
|
4. |
Notwithstanding any of the above
subsections, animal control officers may issue warning citations in the
same manner as other law enforcement officers.
Top
of Page |
|
SECTION 13: |
SURRENDER OF ANIMAL TO DEPARTMENT HEAD;
INTERFERENCE WITH DEPARTMENT HEAD IN PERFORMANCE OF DUTY: |
| It is unlawful for any person to refuse to surrender an animal upon lawful
demand by the Department Head or his authorized assistant. It is unlawful
for any person to attempt to take any animal from the custody of the Department
Head or his assistant, to attempt to take any animal from a County pound without
permission of the Department Head, or otherwise to interfere with the Department
Head or his assistants in the performance of their duties under this
Ordinance.
|
|
SECTION 14: |
QUARANTINE PROVISION; IMPOUNDMENT AND TREATMENT
OF SICK AND INJURED ANIMALS; DISPOSAL OF DEAD ANIMALS. |
|
1. |
When an animal
has bitten a person or another animal or is believed to have bitten a person
or another animal or is suspected by the Department Head to have rabies, it
shall be quarantined by the owner under the supervision of the Department
Head, or at the discretion of the Department Head, or the animal may be held
in quarantine at a County facility. The quarantine shall be for a
reasonable period of time and determined by the Department Head, but in no
case less than ten (10) days. |
|
2.
|
The Department
Head may impound any animal believed to be carrying an infectious or
contagious disease, or any injured animal and may retain the services of a
licensed veterinarian to treat it. The department head may accept a
sick or injure animal upon delivery by a licensed veterinarian or other
person. When a sick or injured animal is owned and the owner is
identified, such owner shall be liable for payment of veterinary expenses or
reimbursement of the county's expense in treating the animal. At the
discretion of the department head, a sick or injured animal may be destroyed
or otherwise disposed of and its remains disposed of without compensation to
the owner of keeper, provided that the department head shall make the animal
a reasonable effort to notify the department head , owner or keeper that the
animal is impounded. |
| A dog or cat which is not inoculate against rabies shall not be released
until provision have been made to inoculate the animal properly. |
| When an
impounded animal is not claimed within a reasonable period of time, as
determined by Board resolution, the Department Head may transfer custody or
ownership of the animal to a humane agency or a new owner, or may destroy
the animal and dispose of its remains. In either event, the owner or
keeper will not be entitled to compensation. |
|
3. |
When an animal dies, the owner of keeper of the animal
shall dispose of the remains immediately. When the department head or his
agent discovers a dead animal, he shall notify the owner or keeper, if know, and
shall order the owner or keeper to dispose of the remains immediately. If
the owner or keeper is unknown, the department head shall notify the owner of
the property upon which the remains are located and shall order him to dispose
of the remains immediately. If the party notified fails to comply within
twenty-four (24) hours, the department head shall cause the remains to be
disposed of and shall bill the animal owner or keeper or property owner as
appropriate for the cost of disposal. Such animal owner or keeper or
property owner may be further held in violations of this Ordinance and punished
as provided herein. The department head shall dispose of the remains of all
animals which has died on public property, but only where an owner or keeper
cannot be notified. Nothing in this section shall be deemed to limit or
contravene the provisions of Florida Statute 823.041.
|
| SECTION 15: |
DISPOSAL OF ANIMALS: |
|
1. |
Where this Ordinance authorizes the disposal by the Clay
County Animal Control Department of any animal lawfully seized and impounded,
such disposal, unless otherwise stated elsewhere herein, shall be expressly
limited to the following methods: |
|
a. |
Adoption; |
|
b. |
Redemption by owner; |
|
c. |
Humane euthanization; |
|
d. |
Sale |
|
2. |
Under no circumstances may any animal lawfully in the
custody of the Clay County Animal Control Department be sold, loaned, or donated
for research, experimental or educational purposes.
Top
of Page |
|
SECTION 16: |
RULES AND REGULATIONS: |
| The Board may
enact reasonable rules and regulations to implement and carry out the
provisions of this Ordinance and the right to regulate or exempt certain
animals from this Ordinance and the right to regulate the numbers and types
of animals and the conditions under which they may be maintained in
residentially zoned areas.
|
| SECTION 17: |
CONSTRUCTION OF
PROVISION: |
| The provisions of this Ordinance shall be liberally construed to effect the
purpose of this Ordinance.
|
| SECTION 18: |
AREAS OF ENFORCEMENT: |
| Pursuant to
Article VIII, Section 1 of the Constitution of the State of Florida, the
Board may enforce this Ordinance throughout the unincorporated areas of Clay
County to the extent that the Ordinance does not conflict with any municipal
Ordinance.
|
|
SECTION 19: |
SEVERABILITY: |
| he Board intends that if any portion of this Ordinance is held invalid for
any reason, the remainder of this Ordinance shall be in full effect.
|
|
SECTION 20: |
EFFECTIVE
DATE: |
| The effective date of this Ordinance shall be the date of notification by the
Secretary of State that the Ordinance has been filed pursuant to law. |
| An ordinance amending Clay County
Ordinance 86-47, known as the Clay County Animal Control ordinance, to
re-organize and restate the powers and duties of the Depart Head to
investigate and declare animals to be fierce or nuisance, or dangerous or
vicious; providing that applications for orders authorizing the department
head to enter lands and seize vicious or nuisance animals shall be made
and governed in the same manner as injunctions; making unlawful the
running at-large or failure to confine of an animal declared a nuisance;
providing and effective date.
Now therefore be it ordained, by the Board of County Commissioners,
Clay County, Florida, that:
|
| SECTION 1. |
Subsection
2 of Section 7 of Clay County Ordinance 86-47, known as the Clay County
Animal Control Ordinance, is hereby amended in its entirety to read as
follows: |
|
2. |
It is unlawful for the owner or
keeper of an animal previously declared by the Department Head to be
fierce, vicious, dangerous or an nuisance either willfully or negligently
to allow the animal to run at-large or to fail to secure, restrain or
confine the animal as ordered by the Department Head pursuant to this
ordinance.
|
| SECTION 2. |
Section 8
of said ordinance is herby amended in its entirety to read as follows:
|
| SECTION 8. |
SEIZURE,
DESTRUCTION OF ANIMALS; DISPOSAL OF IMPOUNDED ANIMALS; COMPENSATION TO
OWNERS: |
|
1. |
Upon complaint, the Department Head
shall investigate whether an animal is vicious or a nuisance. If the
Department Head determines that the animal is vicious or a nuisance, he
may, in his sole discretion: |
|
a. |
Notify the owner or keeper in
writing, stating all the facts known to him and ordering the owner or
keeper to confine the animal to a substantial enclosure or to chain it
securely to the owner's property or otherwise to control it in a
reasonable manner specified by the Department Head; whereupon, the owner
or keeper shall immediately comply with the Department Head's written
order, and his or her failure to so comply shall constitute a violation of
this ordinance subjecting the violator to the penalties herein and
subjecting the animal to seizure under section 5; or |
|
b. |
Apply to the Circuit Court for an
order authorizing him or his designee to enter into or upon the property
wherein the animal is maintained and to seize the animal. Such
application shall be governed by the law of the State of Florida
concerning injunctions, and the procedure observed shall conform
substantially with the Florida rules of Civil procedure, as amended from
time to time, including but not limited to rule 1.610 thereof.
Accordingly, applications may be made with or without notice to the owner
or keeper for an interlocutory order authorizing entry and seizure pending
final adjudication on the merits of the application for entry and seizure,
in accordance with the foregoing rule. Upon the entry of an final
judgment authorizing entry and seizure hereunder, the Department Head or
his designee may enter upon the premises upon which the animal is located
and seize it and destroy it in a humane manner. |
|
2. |
The department head may dispose of
any animal otherwise lawfully seized and impounded pursuant to this ordinance
where: |
|
a. |
No owner exists; or |
|
b. |
No owner is identified after
reasonable attempts by the Department Head to do so for a reasonable
period of time; or |
|
c. |
An owner exists but cannot be
contacted after reasonable attempts to do so by the Department Head for a
reasonable period of time; or |
|
d. |
An owner has been contacted but by
his/her actions, failure to act, or statements has indicated an intent to
abandon the animal. |
|
e. |
The department head shall make
every reasonable effort to identify and notify an owner or keeper of the
impoundment of his animal. Pursuant to his ordinance, such efforts
shall be made for a reasonable period of time as determined by the
board. However, where the department head complies fully and makes
every effort based upon the circumstances to identify and notify such
owner or keeper and where such efforts fail, resulting in the sale or destruction
or other disposal of the animal, the department head shall be deemed to
have complied fully with due process of law, and no owner or keeper shall
be entitled to any compensations for loss to the animal.
Top
of Page |
| SECTION 3. |
Section 5
of said Ordinance is hereby amended by the Deletion of Subsection 6
thereof, so as to read in its entirety as follows:
|
| SECTION 5: |
ANIMAL
CONTROL DEPARTMENT HEAD; APPOINTMENT; DUTIES: |
|
1. |
The Board or its administrator is
authorized to employ a suitable person to serve as animal control
Department Head, herein after called "The Department Head", to
carry out the purposes of this ordinance. |
|
2. |
The department head and his
authorized animal control offices may catch, seize or pick up: |
|
a. |
Any stray animal; |
|
b. |
Any animal at-large; |
|
c. |
Any fierce, vicious or dangerous
animal not properly restrained or secured by the owner or keeper; |
|
d. |
Any animal carrying or believed to
be carrying rabies or other infectious or contagious disease; |
|
e. |
Any sick or injured animal for
which the owner or keeper cannot be found after reasonable effort to do
so, or for which the owner or keeper is unable or unwilling to provide
proper care; |
|
f. |
Any other animal authorized by this
ordinance to be impounded, caught, seized or picked-up. |
|
3. |
The Department Head or his
authorized officers or assistants shall impound and otherwise dispose of
all animals lawfully caught, seized or pickup up as provided under this
ordinance. |
|
4. |
The Department Head or his
authorized officers or assistants shall investigate complaints or actions
allegedly in violation of this ordinance shall issue citations demanding
that the violations cease or be corrected. |
|
5. |
Pursuant to law, the Department
Head and his authorized assistants may enter public or unfenced private property
within the County, except residential buildings, to carry out the duties
imposed by this ordinance.
|
| SECTION 4. |
Section 9
of said Ordinance is hereby amended in its entirety to read as follows:
(Amended 86-47 to 88-55)
|
| SECTION 9. |
CONFINEMENT
OF FIERCE OR DANGEROUS ANIMALS: |
| Upon complaint, the Department Head
shall investigate whether an animal is fierce or dangerous. If the
Department Head finds that such an animal is a fierce or dangerous animal,
he shall notify the owner or keeper in writing, stating all the facts
known to him and shall order the owner or keeper to confine the animal to
a substantial enclosure or to chain it securely to the owner's property or
otherwise to control it in a reasonable manner specified by the Department
Head. The owner or keeper shall immediately comply with the
Department Head's written order; failure to so comply constitutes a violation
of this ordinance and subjects the owner or keeper to the penalties herein
and subjects the animal to seizure under section 5 above.
|
| SECTION 5. |
EFFECTIVE
DATE. THIS ORDINANCE SHALL BECOME EFFECTIVE AS PRESCRIBED BY GENERAL
FLORIDA LAW. |
|
|
Top
of Page
|
ORDINANCE 94-22 |
|
CLAY COUNTY ANIMAL CONTROL |
| An Ordinance of the Board of County Commissioners
of Clay County, Florida, amending a portion of ordinance 86-47, known as
the "Clay County Animal Control Ordinance", said portion
relation to enforcement and codified under Section 4-29 of the Clay County
Code; and providing an effective date.
Now therefore be it ordained by the Board of County Commissioners of
Clay County, Florida, that: |
| SECTION 1. |
SECTION 4-29 OF THE
CLAY COUNTY CODE, BEING THE CODIFICATION OF SECTION 12 OF CLAY COUNTY
ORDINANCE 86-47, IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS: |
| SECTION 4-29. |
ENFORCEMENT: |
|
a. |
Upon observing a
violation of this article, the department head or animal control officer, or any
law enforcement officer, in his or her sole discretion, may take one or more of
the following actions: |
|
1. |
Issue a warning to the owner or keeper of the animal, provided the warning sets
forth the date and time of issuance, the name and address of the person warned,
the nature of the offense, a description of the animal involved and a demand
that the offense be abated within seventy-two (72) hours or the issuer shall
commence further proceedings on the violation. |
|
2. |
Issue a citation in the form of a notice to
appear to any person violating this article charging the commission of a
second degree misdemeanor. |
|
3. |
Impound the animal which is the subject of the violation
and issue the citation provide in paragraph (b) hereof. |
|
b. |
Upon receipt of written complaint from any
third party alleging a violation of this article, the Department Head
shall make a reasonable effort to contact the owner of the animal
identified in the complaint, and determine if issuance of a written
warning is appropriate. If the Department Head deems issuance of a
written warning appropriate, such warning shall be sent to the owner or
keeper of the animal by mail or hand delivery. Upon receipt of a
second written complaint from any third party alleging a violation of this
article with respect to any animal for which a written warning was
previously issued under this paragraph within three (3) months immediately
prior thereto, the Department Head shall determine if issuance of a
citation to appear before the Clay County Code Enforcement Board is
appropriate. If the Department Head deems issuance of such a
citation appropriate, such citation shall be sent to the owner by
certified mail or hand delivery, and shall require mandatory appearance by
the owner before the Clay County Code Enforcement Board, setting forth the
date, time and location of the appearance. |
|
c. |
The Clay County Code Enforcement Board shall
exercise jurisdiction to enforce the provisions of this article in a
manner consistent with the power and authority conferred upon it by
general law and applicable ordinance of the Board.
|
| SECTION 2. |
EFFECTIVE
DATE. THIS ORDINANCE SHALL BECOME EFFECTIVE AS PROVIDED BY GENERAL
FLORIDA LAW. |
| Duly Adopted by the Board of County
Commissioners, Clay County, Florida, this 26th day of April, 1994. |
| |
Top
of Page
|
CLAY COUNTY ORDINANCE 96-44 |
|
CLAY COUNTY ANIMAL CONTROL |
| An ordinance of the Board of
county Commissioners of Clay County, Florida, amending the Clay County Animal
Control Ordinance being codified at Sections 4-16 through 4-37 of the Clay
County Code to amend Section 4-20 to allow the use of reasonable force for
protection against animal attack; to amend the enforcement and penalty
provisions of Section 4-29; to amend Section 4-22 to add animal cruelty as
a civil violation; and providing and effective date.
RECITALS
WHEREAS, Section 828.27, Florida
Statues, provides for the enforcement of animal control regulations by the
county courts through civil citation; and ,
WHEREAS, the Board of County
Commissioners of Clay County, Florida, desires to amend the enforcement
provisions of the Clay County Animal Control Ordinance to conform with the
requirements of State Law, and to provide an option to the issuance of
civil citation in certain cases by means of notices of violation and
non-binding proceedings before the Clay County Code Enforcement Board in
lieu of or prior to issuance of civil citations; and ,
WHEREAS, the Board of County
Commissioners of Clay County, Florida, desires to amend the Clay County
Animal Control Ordinance to provide that acts of animal cruelty shall be a
civil violation and to provide for the use of reasonable force by an
animal control officer or law enforcement officer against the imminent
attack by an animal.
NOW THEREFORE BE IT ORDAINED BY
THE BOARD OF COUNTY COMMISSIONERS OF CLAY COUNTY, FLORIDA, that:
SECTION 1. Section 4-20 of
the Clay County Code, being the codification of Section 5 of Clay County
Ordinance 86-47, known as the Clay County Animal Control Ordinance, as
amended by Section 3 or Clay County Ordinance 88-55, is hereby amended as
follows:
Subsection (b) (5) is amended to read in its entirety as follows:
(b) (5) Any sick, injured, neglected or cruelly treated animal for
which the owner of keeper cannot be found after reasonable effort to do
so, or for which the owner or keeper is unable or unwilling to provide
proper care.
There is created a new subsection designated as subsection (f), to be
inserted immediately following subsection (e) thereof, and to read in its
entirety as follows: |
|
f. |
The Department Head, his authorized
officers or assistants, and any law enforcement officer, when carrying out
the purposes of this article, shall be authorized to use reasonable force
up to and including the use of deadly force to protect any person or
domestic animal from injury against imminent attack by an animal. |
| SECTION 2.
Section 4-22 of the Clay County Code, being the codification of Section 7
of Clay County Ordinance 86-47, known as the Clay County Animal Control
Ordinance, as amended by Section 1 of Clay County Ordinance 88-55, is
hereby amended by the creation of a new subsection designated as
subsection (e), to be inserted immediately following subsection (d)
thereof, and to read in its entirety as follows: |
|
e. |
Animal
Cruelty.
It is unlawful for any person to subject any animal to animal
cruelty. For purposes of this subsection, the term "animal
cruelty" shall mean any act or acts of neglect, torture, or torment
that cause unjustifiable pain or suffering of an animal. With
respect to any animal, such acts include but are not limited to over
driving, overloading, overworking, torturing, deprivation of necessary
sustenance, unnecessary beating or whipping, riding, driving or working
when sick and unfit to work, failure to provide reasonable veterinary
care, failure to provide proper food, drink, shelter or protection from
weather, failure to provide, for any animal that is kept shut out of doors
for any length of time, sufficiently weatherproof shelter, to include but
not be limited to a structure of at least two wind proof sides a
waterproof roof, and flooring or ground-covering to protect any animal
intended to be sheltered thereby from extremes of temperature, carrying
any animal in or upon any vehicle in a cruel or inhumane manner,
abandonment upon any street, road, or other place, and other similar
practices.
Top
of Page |
|
SECTION
3. |
Sections 4-29 of the Clay County
Code, being the codification of Section 12 of Clay County Ordinance 86-47,
known as the Clay County Animal Control Ordinance, as amended by Section 1
of Clay County Ordinance 94-22, is hereby amended in its entirety to read
as follows:
|
|
SECTION
4-29. |
ENFORCEMENT
Section 12 Enforcement has been
Amended to 96-44 Section 4-29 |
|
a. |
Upon observing a violation of this
article, the Department Head or animal control officer, or any law
enforcement officer, in his or her sole discretion, may take one or more
of the following actions: |
|
1. |
Issue a warning to the owner or
keeper of the animal, provided the warning sets forth the date and time of
issuance, the name and address of the person warned, the nature of the
offense, a description of the animal involved, and a demand that the
offense be abated within seventy-two hours or the issuer shall commence
further proceedings on the violation. |
|
2. |
Issue a notice of violation. |
|
3. |
Issue or authorize the issuance of citation
under the authority and in the form required under subsection (e) hereof. |
|
4. |
Impound the animal that is the
subject of the violation and issue or authorize the issuance of a citation
under the authority and in the form required under subsection (e) hereof. |
|
b. |
Upon receipt of a written
complaint form any third party alleging a violation of this article, the
department head shall make a reasonable effort to contact the owner of the
animal identified in the complaint and determine if issuance of a warning
is appropriate. If the department head deems issuance of a warning
appropriate, such warning shall be sent to the owner or keeper of the animal by
mail or hand delivery. The form of the notice shall be as set forth in
subsection (a) (1) hereof. Upon receipt of a second complaint from any
third party alleging the subsequent violation of the same provisions of this
article with respect to the same animal by any person issued a warning with
ninety days immediately prior thereto, the department head, in his or her sole
discretion, may: |
|
1. |
Issue a second warning. |
|
2. |
Issue a notice of violation. |
|
3. |
Authorize the issuance of a citation under the authority and in the form
required under subsection (e) hereof. |
|
c. |
A notice of
violation issued hereunder shall be in writing and shall set forth the following
information: |
|
1. |
The date and time of
issuance. |
|
2. |
The name and address to the
person to whom issued. |
|
3. |
The date and time violation
is alleged to have occurred. |
|
4. |
The facts constituting
probable cause. |
|
5. |
The provisions of this
article violated. |
|
6. |
The name and authority of the
issuer. |
|
7. |
The procedure for the alleged
violator to follow with regard to the alleged violation in order to pay an
administrative fee, or to request a hearing before the Clay County Code
Enforcement Board, and the time within which the alleged violator must
notify the Department Head regarding the alleged violator's election
hereunder. |
|
8. |
The maximum administrative fee payable if the alleged violator requests a
hearing before the Clay County Code Enforcement Board. |
|
9. |
The administrative fee payable, if the alleged
violator does not request a hearing before the Clay County Enforcement
Board. |
|
10. |
A conspicuous statement that if the alleged
violator fails to pay the administrative fee or request a hearing before the
Clay county Code Enforcement Board within the time allowed a citation under,
subsection (e) hereof may be issued. |
|
d. |
If a notice of
violation has been issued, the alleged violator shall have the option of paying
an administrative fee to the county in the amount of $25.00, or request a
hearing before the Clay County Code Enforcement Board. The election must
be made within ten (10) days following receipt by the alleged violator of the
notice of violation. If an only if the alleged violator fails to make his
or her election within said ten (10) days, the department head may
authorize the issuance to the alleged violator of a citation under subsection
(e) hereof. If the alleged violator shall pay the administrative fee
within said ten (10) days he or she may not thereafter be issued a citation
under subsection (e) hereof based upon the same alleged violation. If the
alleged violator shall request a hearing before the Clay County Code Enforcement
Board, the department head shall schedule the hearing and identify the alleged violator
in writing of the date and time thereof. Following the hearing the Clay
County Code Enforcement Board shall issue an advisory and non-binding opinion
whether the alleged violation has occurred. If the Clay County Code
Enforcement Board shall issues its opinion that the alleged violation has not
occurred, the alleged violator may not thereafter be issued a citation under
subsection (e) hereof based upon the same alleged violation. If the Clay
County Code Enforcement Board has issued its opinion that the alleged violation
has occurred the alleged violator my pay the administrative fee as increased by
the recommendation of the Clay County Code Enforcement Board, within ten (10)
days following receipt of written notification of the Clay County Code
Enforcement Board's opinion and recommendation. If the alleged violator
shall pay the administrative fee, as increased by the recommendation of the Clay
County Code Enforcement Board, with said ten (10 ) days he or she ;may not
thereafter be issued a citation under subsection (e) hereof based upon the same
alleged violation. If and only if the alleged violator fails to pay the
administrative fee, as increased by the recommendation of the Clay County Code
Enforcement Board, with in said ten (1) days the department head may authorize
the issuance to the alleged violator of a citation under subsection (e)
hereof. The Clay County Code Enforcement Board shall have jurisdiction to
issue advisory opinion sand recommendations in accordance with this
subsection. All administrative fees collected under this subsection shall
be paid to the clerk of the Clay County Code Enforcement Board. The
proceeds of all administrative fees so collected shall be used to pay the cost
of training for animal control officers, and the Board hereby appropriates all
such proceeds for such purpose. |
|
e. |
The violation of
any portion of this article by any person shall constitute a civil infraction,
punishable by the imposition of a civil penalty not to exceed $500.00. The
formal charging of the commission of a civil infraction in violation of any
portion of this article shall be by issuance of a citation. With respect
to citations issued pursuant to this subsection, the terms defined in section
828.27 (1) Florida Statutes (1995), shall have the same meaning where used
herein. and each such definition shall prevail over and supersede any definition
of the same term provided elsewhere herein to the extent of any
inconsistency. A person alleged to have violated this article may be
issued a citation by any animal control officer who meets the criteria set forth
in Section 828.27 (1) (b), Florida Statutes, or by any law enforcement officer
defined in Section 943.10, Florida Statutes, upon probable cause that a person
has committed a violation of this article. The county shall have the sole
jurisdiction to determine and adjudicate all issues on any citation, and to
impose all civil penalties there under. The citation shall contain the
following information:
Top
of Page
|
|
1. |
The date and time of issuance. |
|
2. |
The name and address of the person being charged wit the civil infraction. |
|
3. |
The date and time the civil infraction was committed. |
|
4. |
The facts constituting probable cause. |
|
5. |
The ordinance violated. |
|
6. |
The name and authority of the officer. |
|
7. |
The procedure for the person to follow in order to pay the civil penalty, to
contest the citation, or to appear in court as required under subsection (j)
hereof. |
|
8. |
That a civil penalty of not more than $500.00 plus a surcharge of $5.00 will be
imposed if the person elects to contest the vitiation and is subsequently found
by the court to have committed the violation alleged. |
|
9. |
That a civil penalty of $50.00 plus a surcharge of $5.00 is automatically
imposed if the person elects not to contest the citation. |
|
10. |
A conspicuous statement that if the person fails to pay the civil penalty within
the time allowed, or fail to appear in court to contest the citation, he or she
will be deemed to have waived his or her right to contest the citation and that,
in such case, judgment may be entered against the person for an amount up to
$500.00 plus a surcharge or $5.00. |
|
11. |
A conspicuous statement notifying the person whether he or she must appear in
court as mandated by subsection (j) hereof, and if so required that he or she
does not have the option of paying a civil penalty in lieu of appearing in
court. |
|
f. |
Unless required to
appear in court under subsection (j) hereof, a person issued a citation shall
have the option. Within ten (10) days following the date of issuance of
the citation, of paying to the Clerk of the County Court a civil penalty of
$50.00 plus the surcharge provided under subsection (j) hereof or requesting a
hearing before the court to contest he citation. By failing to exercise
the foregoing option within said ten (10) days a person issued a citation shall
be deemed to have waived the right to contest the citation. |
|
g. |
f a person who has
been issued a citation fails to pay the civil penalty within thirty days
following the date of issuance of the citation, fails to appear in court to
contest the citation, or fails to appear in court as required by subsection (j)
hereof, the court is authorized to issue an order to show cause upon the request
of the Board. The order to show cause shall require such person to appear
before the court to explain why action on the citation has not been taken.
If any person who is issued such an order fails to appear in response to the
court's directive, that person may be held in contempt of court. |
|
h. |
f a person makes a
timely request for a hearing under subsection (f) hereof, the commission of the
violation charged in the citation at a hearing authorized pursuant to this article
must be proven by a preponderance of the evidence. The burden of proof
shall be on the Board through the department head or his or her designee.
If the court makes an adjudication that the person issued the citation has
committed the violation charged the court may impose a civil penalty not to
exceed $500.00. |
|
i. |
The Board hereby
imposes a surcharge of $5.00 upon each civil penalty imposed for violation of
this article. The surcharge shall be collected by the Clerk of the County
Court and remitted to the Board. The proceeds of the surcharge shall be
used to pay the cost of training for animal control officers, and the Board
hereby appropriates all such proceeds for such purpose. |
|
j. |
A court appearance
by a person issued a citation of the violation of this article is mandatory if
one or more of the following aggravating factors occurs of obtains: |
|
1. |
The unprovoked biting attacking or wounding of a human being or domestic animal
as a result of the charged violation. |
|
2. |
The destruction of loss of personal property as a result of the charged
violation. |
|
3. |
The person has paid a civil penalty on a previously issued citation. |
|
4. |
The person has waived his or her right to contest a previously issued citation. |
|
5. |
The person previously has been found by a court to have committed a violation of
this article. |
|
6. |
The person is charged with a violation of animal cruelty under this article. |
|
k. |
With respect to
subsection (j) (3) hereof, the Board through the department head of his or her
designee shall maintain records to prove the number of citations issued to the
person. |
|
l. |
With respect to
subsection (j) hereof, persons required to appear in court do not have the
option of paying the civil penalty instead of appearing in court. |
|
m. |
Any person who is
issued a citation under subsection (e) hereof must sign the original and accept
a copy to the same. Any person who willfully refuses to sign and accept is
guilty of a misdemeanor of second degree pursuant to Section 828.27 (5), Florida
Statues (1995).
Top
of page
|
| |
SECTION 4: THIS ORDINANCE SHALL
BECOME EFFECTIVE AS PRESCRIBED BY FLORIDA GENERAL LAW.
DULY ADOPTED, by the Board of County Commissioners
of Clay County, Florida, this 22nd day of October, 1996.
|
|
|
|
