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The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means every living dumb creature.

Animal control agency means the county or municipal government or an authorized agent.

Animal control officer means a person designated as a law enforcement officer by the state, a county or municipal government, or a humane society organized under the laws of the state, and who is qualified to perform such duties pursuant to the laws of the state.

Animal shelter means that public or private nonprofit facility operated by an animal control agency or a humane society for the purpose of impounding or caring for animals held under the authority of this chapter or state statute.

Bad dog, bad cat, or bad animal means any dog, cat or animal which has bitten or attempted to bite or attack a human or another animal without provocation.

Citation means a written notice issued to a person by an officer with probable cause to believe that the person has committed a civil infraction in violation of this chapter.

Cruelty means any act of neglect, torture or torment that causes unjustifiable pain or suffering of an animal.

Custodian means any person or agent designated by the owner of an animal to provide care, shelter, protection, refuge or food and otherwise control the animal's actions.

Direct control means the immediate, continuous physical control of a dog or cat by means of a leash or other tether of sufficient strength to restrain the dog or cat; or, in the case of hunting dogs and specifically trained dogs which immediately respond to verbal or other aural commands, direct control shall include verbal or aural control, if the controlling person is at all times clearly and fully within the unobstructed sight and hearing of the dog.

Farm animal means any livestock, cattle, swine, horses, mules, poultry, ostriches, goats and sheep.

Harbor means to perform any of the acts of providing care, shelter, or food in such a manner as to control the animal's actions; or to reasonably show that the animal returns regularly to a person's home or premises for shelter and/or food. An animal shall be deemed to be harbored if it is fed or sheltered for ten consecutive days or more.

Owner means any natural person, firm, association or corporation who owns, keeps, harbors or controls an animal, and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by or in the custody of a corporation shall be held to be the knowledge and acts of such corporation.

Potential rabies carrier means any wild animal commonly recognized to be a carrier of rabies, including, but not limited to, raccoons, foxes, bobcats, skunks, bats, wolves and hybrid animals which are the result of the breeding of a domesticated animal and a wolf, coyote, wildcat or other wildlife and all subsequent generations of such hybrid.

Spay or neuter means to surgically render a cat or dog permanently and completely incapable of breeding or reproduction.

(Ord. No. 94-03, § 2, 1-25-94)

Cross references: Definitions generally, § 1-2.

Sec. 10-2. Enactment and authority.

In accordance with and pursuant to the authority of F.S. chs. 166 and 828, the town commission hereby establishes regulations in the interest of public health, safety and welfare to provide protection for, and to regulate and control animals in the town. The powers and authority granted under this chapter shall be supplemental to those already provided for in state statutes concerning local animal control, the regulation of dangerous animals, cruelty to animals, and the sale or transfer of dogs and cats.

(Ord. No. 94-03, § 1, 1-25-94)

Sec. 10-3. Bad animal.

(a) Harboring; citation of owner. It shall be unlawful and a civil infraction for the owner or custodian to harbor within the town any animal which by experience, breeding or training, can be reasonably expected to bite, inflict injury upon, or otherwise attack a person or another animal without provocation. Any animal which attacks and bites a person or another animal without provocation shall be deemed a bad animal, and the owner or custodian of such animal shall be issued a citation for violation of this section, punishable by a fine of $100.00.

(b) Chasing or terrorizing by animal. It shall be unlawful and a civil infraction for any animal, when unprovoked, to approach or chase any person in an apparent attitude of attack or in a vicious or terrorizing manner. Such animal shall be deemed a bad ________________ to indicate the specie of animal.

(c) Applicability of section. This section shall not pertain to second or subsequent occurrences involving the same animal; or to aggravated occurrences specified in F.S. ch. 767, which occurrences shall be charged pursuant to section 10-81.

(d) Potential rabies carriers. No person shall own, possess, sell, harbor or transfer any animal which is a potential rabies carrier in the town. Owners or custodians of a potential rabies carrier obtained prior to January 25, 1994 shall be allowed to keep the animal, provided it is properly permitted with the appropriate state or federal agency, if applicable, and provided it is registered with the county animal control agency; and further provided the animal was not obtained from the wild. Upon the death or other disposition of such animal, it shall be unlawful for the owner or custodian to replace it with another prohibited potential rabies carrier. It shall be the responsibility of the owner or custodian of any potential rabies carrier to provide proof of the acquisition date and the animal's source if requested to do so by the animal control agency, the county public health unit, or any law enforcement officer. This provision shall not apply to properly licensed or permitted museums, wildlife rehabilitators, zoos, zoological parks, or research facilities.

(Ord. No. 94-03, § 6, 1-25-94)

Sec. 10-4. Unrestrained animals in open vehicles.

It shall be unlawful and a civil infraction to transport on any public street any dog or other animal in a vehicle that is not fully enclosed unless the animal is confined in a cage or container or temporarily securely tethered by a device that will not permit the animal to fall or jump from the vehicle.

(Ord. No. 94-03, § 9, 1-25-94)

Sec. 10-5. Sale or gift of certain animals.

(a) It shall be unlawful for any person to sell, offer for sale, or give away in the town baby chickens, ducklings or other fowl under four weeks of age, or rabbits under eight weeks of age, to be used as pets, toys or retail premiums; or to give away or offer any animal as a prize, toy or merchandising premium.

(b) It shall be unlawful for the owner or manager of any business or store to allow any person to sell or give away any animal in front of that business or store.

(c) It shall be unlawful for any person to give away, sell, or offer for sale any animal in front of any business, store, or on the side of any public road or on other public property in the town.

(d) Nothing in this section shall prevent any pet shop, feed store or other business establishment licensed in the town to sell live animals or from displaying animals for sale outside the store premises as part of a sale promotion.

(e) Any person violating the provisions of this section shall be punished according to the provisions of section 1-14.

(Ord. No. 94-03, § 10, 1-25-94)

Secs. 10-6--10-25. Reserved.

ARTICLE II. ADMINISTRATION AND ENFORCEMENT*

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*Cross references: Administration, ch. 2.

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DIVISION 1. GENERALLY

Secs. 10-26--10-35. Reserved.

DIVISION 2. ANIMAL CONTROL OFFICER*

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*Cross references: Departments, § 2-121 et seq.

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Sec. 10-36. Enforcement authority.

(a) The animal control officer shall have full and complete authority in the enforcement of this chapter and may pick up or apprehend any animal under any circumstance which constitutes a violation of this chapter or state statute and impound the animal in the animal shelter.

(b) The animal control officer may enter public or unfenced private property within the town to carry out the enforcement of this chapter or state statute.

(c) The animal control officer may enter fenced private property, exclusive of buildings, when the animal being sought was at large immediately prior to the animal control agency or officer receiving a sworn complaint regarding a violation, but subsequently the animal returned to its owner's or custodian's fenced private property; provided, however, that an attempt to contact the owner or custodian, if known, was unsuccessful.

(d) The animal control officer may enter fenced private property for the purpose of enforcing the provisions of F.S. § 828.073 concerning the removal of neglected or mistreated animals.

(e) The animal control officer may carry and utilize a humane chemical capture device to subdue and tranquilize an animal.

(f) The animal control officer may issue citations and/or notices to appear in the county court for violations of this chapter when reasonable and probable cause exists that a violation has occurred.

(Ord. No. 94-03, § 3, 1-25-94)

Sec. 10-37. Interference with officer.

(a) It shall be unlawful and a civil infraction for any person to hinder, obstruct or otherwise interfere with an officer while discharging his duties under this chapter; or to take or attempt to take any animal from any vehicle used by the officer to transport animals; or to take or attempt to take any animal from the animal shelter without proper authority; or to knowingly interfere with any animal trap set by an officer or persons obtaining such traps from the animal control agency. The fine for a violation of this subsection shall be $100.00.

(b) Any person who tears down, burns, defaces, destroys or otherwise damages any animal control vehicle, animal shelter or enclosure thereof, shall be punished according to the provisions of section 1-14.

(Ord. No. 94-03, § 4, 1-25-94)

Secs. 10-38--10-50. Reserved.

DIVISION 3. ENFORCEMENT

Sec. 10-51. Impoundment, redemption and disposition of animals.

(a) The animal control officer may apprehend any animal found being cruelly treated and/or doing or subject to any of the acts defined in this chapter as violations. After impoundment, the animal control agency shall determine whether the animal is licensed or otherwise identifiable, and make reasonable effort to notify the owner either by mail or telephone that the animal has been impounded and under what conditions it may be redeemed. The animal shall remain impounded in the animal shelter for not less than five working days, unless redeemed by its owner, after which disposition may be made as provided in this section.

(b) An impounded animal eligible to be released may be redeemed by its owner upon proof of ownership and after payment of all applicable fines, impound fees and reasonable boarding fees. The animal control agency may waive the first impound fee if an animal is redeemed by its owner the same day it is impounded.

(c) An impounded animal that is not redeemed within the periods provided may be offered for adoption pursuant to the requirements of F.S. § 823.15 or humanely euthanized at the discretion of the animal control agency. No dog or cat shall be released by the animal control agency or from an animal shelter for any purposes except redemption by the owner or adoption for the limited purpose of harboring a household pet.

(Ord. No. 94-03, §§ 13.1--13.3, 1-25-94)

Reserved

Sec. 10-53. Civil infractions.

(a) Unless otherwise specified in this chapter, a violation of this chapter constitutes a civil infraction which may result in a maximum civil penalty not to exceed $500.00.

(b) An animal control officer shall have the discretion for a first violation to issue either a warning citation with no civil penalty, or a citation for a civil penalty and/or a mandatory court appearance as designated in section 10-54.

(c) Any person cited for an infraction under this chapter shall sign and accept a citation acknowledging receipt of the citation and indicating a promise to appear in county court if such person wishes to contest the charges, or if a mandatory court appearance is required. Any person who willfully refuses to sign and accept a citation issued by an officer shall be punished according to section 1-14.

(d) Any person cited for a violation of this chapter may pay the civil penalty within ten days of the date of receiving the citation. If the person cited pays the civil penalty, he shall be deemed to have admitted the infraction.

(e) Any person cited for a violation of this chapter may elect to appear in county court on the date and time specified in the citation to contest the citation.

(f) If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required by section 10-54(c), the court may issue an order to show cause requiring such persons to appear before the court to explain why action on the citation has not been taken. Any person failing to appear in response to the court's directive may be held in contempt of court.

(g) If an animal is impounded for violation of this chapter and the owner of the animal abandons the animal to the animal control agency, the owner remains liable for all fees and penalties imposed.

(h) Any person issued a citation for a violation of section 10-85, or sections 10-96 through 10-101 may have the citation dismissed upon presentation to the animal control agency of a valid current rabies vaccination. (Ord. No. 94-03, § 20, 1-25-94)

Sec. 10-54. Penalties for violation.

(a) Unless otherwise specified, any person cited for an infraction under this chapter shall pay a civil penalty to the animal control agency or the Town in accordance with a penalty schedule kept on file at the animal control facility and/or the town hall.

(b) There shall be an additional penalty for animals not spayed or neutered. The owner of an animal impounded for a second time and found in violation of this chapter shall be assessed an additional fine of $500.00 if the animal has not been spayed or neutered. The owner of such animal shall have the option of paying the additional $500.00 fine or, in the alternative, shall have the animal spayed or neutered by a licensed veterinarian within ten days of the violation. If the owner elects to have the animal spayed or neutered, the owner shall present proof upon payment of the fine. The animal control agency, upon acceptance of proof of spaying or neutering, shall deduct $250.00 from the total fine amount.

(1) The second and subsequent occurrence of unprovoked biting, attacking or wounding of a human or another animal by the same animal or by an animal owned by the same person.

(2) The second and subsequent violations involving the destruction or loss of personal property committed by the same animal, or by an animal owned by the same person.

(3) The second and subsequent violations of animal cruelty laws by a person.

(4) The issuance of a third or subsequent citation to a person for any violation of this chapter.

(d) Persons required to appear in court pursuant to this section do not have the option of paying a fine instead of appearing in court.

(Ord. No. 94-03, § 21, 1-25-94)

Sec. 10-55. Use of revenue.

All revenue derived from the fines and penalties collected under this chapter shall be used exclusively to recover or offset the costs of enforcement and administration of the animal control program and this chapter.

(Ord. No. 94-03, § 22, 1-25-94)

Sec. 10-56. Fine or penalty distribution.

Fines or penalties collected pursuant to this chapter by the clerk of the circuit court shall be remitted to the agency bringing the civil action and used to support the costs of the animal control program.

(Ord. No. 94-03, § 23, 1-25-94)

Sec. 10-57. Records.

The animal control agency shall keep detailed and accurate records of impoundment, and disposition of all animals coming into its custody; of all bite cases, complaints and investigations of violations; and of all monies collected pursuant to this chapter. These records shall be open to inspection at reasonable times by persons responsible for such inspections for the town.

(Ord. No. 94-03, § 24, 1-25-94)

Secs. 10-58--10-80. Reserved.

ARTICLE III. DOGS AND CATS

Sec. 10-81. Dangerous dogs.

(a) Adoption of state statutes. The town adopts and incorporates herein by reference F.S. ch. 767 concerning the designation, regulation and control of dangerous dogs.

(b) Certificate of registration fee; renewal. The fee for the issuance of any required certificates of registration of dangerous dogs and each annual renewal thereof shall be according to the fee schedule maintained by the animal control agency or the Town.

(c) Appeal procedures. The animal control agency shall promulgate appeal procedures by which the owner of a dog classified as dangerous may appeal such classification, which procedures shall be approved by the town commission by resolution. The animal control agency shall provide written notification of the appeal procedures to the owner of a dog to be classified as dangerous, by certified mail or certified hand delivery.

(d) Confinement. The owner of a dog classified as dangerous must confine the dog in a securely fenced or enclosed area pending resolution of any appeal. If the owner fails to confine the animal, it shall be seized by the animal control agency and impounded in the animal shelter at the owner's expense pending resolution of the appeal.

(Ord. No. 94-03, § 7, 1-25-94)

State law references: Dangerous dogs, F.S. § 767.12 et seq.

Sec. 10-82. Restraint and confinement to property.

(a) Restraints on owner's or custodian's property. Owners and custodians of dogs and cats will exercise diligence and reasonable care to prevent their animals from leaving their premises. Restraint exists when the animal is:

(1) Enclosed within a house, building, fence, pen or other enclosure where the animal cannot climb, dig, jump or otherwise escape. Such enclosure must be securely fastened any time the animal is left unattended.

(2) On a leash held by a competent person.

(3) Off a leash but under voice control and obedient to such person's commands and such person is present with the animal at all times.

(b) Restraint while off owner's or custodian's property. Owners and custodians of dogs and cats will exercise diligence and reasonable care to keep their animals under restraint while off the owner's or custodian's premises. The only acceptable methods of restraint are:

(1) Inside a vehicle, parked or in motion.

(2) Confined within a secure enclosure with permission of the occupant of the property where the animal is temporarily located.

(3) On a leash held by a competent person.

(4) In a securely fastened cage or animal carrier with adequate ventilation and room for the animal.

(c) Tethering. Dogs or cats shall not be chained, tied, fastened or otherwise tethered to dog houses, trees, fences or other stationary objects as a means of confinement to property.

(Ord. No. 94-03, § 8, 1-25-94)

Sec. 10-83. Harboring stray.

Persons who harbor any stray dog or cat are required to notify the animal control agency of the presence of the stray dog or cat, including a description of the animal, which information will assist the animal control agency and/or animal owners in locating missing pets. The animal control agency may request the surrender of a stray animal within ten days if an owner is identified.

(Ord. No. 94-03, § 11, 1-25-94)

Sec. 10-84. Public nuisances.

(a) Violation of the following shall be unlawful. It shall also be unlawful and a civil infraction for the owner or custodian of an animal to permit the following nuisances to be committed, either willfully or through failure to exercise due care or control:

(1) No dog or cat shall be permitted to habitually chase after or otherwise harass persons or vehicles.

(2) No dog or cat shall be permitted to trespass on school grounds, or other public or private property, except that this restriction does not apply to dogs utilized by law enforcement agencies in law enforcement activities or to dogs trained to assist a blind, deaf or physically handicapped person when in the company of that person.

(3) No dog or cat shall be permitted to run at large off the premises of its owner or custodian and upon public property, or upon private property of others without the permission of the owner or occupant of such private property.

(4) No dog or cat shall be permitted to destroy or damage private or public real or personal property of another, or cause serious annoyance to premises of another by interfering with the reasonable use and enjoyment of the property.

(5) No dog or cat shall be permitted to bark, bay, cry, whine or howl or make any other noise continuously and/or incessantly in an excessive, habitual or untimely fashion for such a duration that it annoys or disturbs a reasonable person of normal sensitivities residing in or occupying premises in close proximity to the premises on which the animal is located. However, a dog will not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon private property where the dog is situated or for any other legitimate cause which teased or provoked the dog. In the case of multiple animals at one location, it shall not be necessary to single out which specific dog or cat committed a noise nuisance. It shall be sufficient to demonstrate that the noise emanated from the premises.

(6) No dog or cat shall be permitted upon the public beaches of the county unless specifically authorized by a sign clearly posted by the county.

(b) It shall be unlawful and a civil infraction for the owner or custodian of an animal to fail to immediately remove and dispose of that animal's waste upon any public or private property when the owner or custodian of the animal could reasonably be expected to be aware of the waste or has received notice of the existence of the waste. Anyone walking his animal while off the owner’s property shall have in his possession an appropriate implement, such as a pooper scooper or shovel and bag, for removal and transport of his animal's waste.

(c) No farm animals of any kind shall be kept, raised nor bred within the Town. Dogs, cats and other household pets shall not be kept, raised, nor bred for commercial purposes.

(Ord. No. 94-03, § 5, 1-25-94)

Sec. 10-85. Rabies vaccination required.

(a) Every owner maintaining a dog or cat over the age of three months shall have such dog or cat vaccinated against rabies by a licensed veterinarian either annually with a one-year vaccine or every three years with a three-year vaccine approved for use in the United States. Evidence of vaccination shall consist of a rabies tag and a certificate signed by the veterinarian administering the vaccine and containing pertinent data for identification of the animal. The rabies tag shall be securely affixed to a collar or harness and worn by the dog or cat at all times when off the premises of the owner or custodian, except as otherwise specified.

(b) A rabies tag may be removed from a dog or cat participating in an organized exhibition, trial or show, or undergoing training, providing the dog or cat is under the direct control of an owner or custodian.

(Ord. No. 94-03, § 17, 1-25-94)

State law references: Rabies vaccination, F.S. § 585.69.

Secs. 10-86--10-95. Reserved.

ARTICLE IV. CARE AND CONTROL*

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*State law references: Animal care and control, F.S. ch. 828.

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Sec. 10-121. Shelter; protection from the weather; humane care.

(a) It shall be unlawful and a civil infraction for any person owning or responsible for continuing or impounding any animal to fail to provide the animal with proper shelter, protection from the weather or humanely clean conditions as prescribed in this section:

(1) Indoor standards. Minimum indoor standards of shelter shall be as follows:

a. The ambient temperature shall be compatible with the health of the animal.

b. Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animal at all times.

(2) Outdoor standards. Minimum outdoor standards of shelter shall be:

a. When sunlight is likely to cause heat exhaustion of an animal housed outdoors, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.

b. Shelter from inclement weather shall be as follows:

1. An artificial shelter providing relief from the elements and appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

2. If a dog or cat is confined outdoors or in an unheated enclosure, a shelter of suitable size with a floor above ground and waterproof room shall be provided to accommodate the dog or cat and protect it from the weather and, in particular, from severe cold. It shall be made of durable material with a solid floor raised above the ground and with the entrance covered by a flexible windproof material or a self-closing, swinging door. The structure shall be provided with a sufficient quantity of suitable bedding consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat.

(3) Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

a. The housing facilities shall be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.

b. Enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of overcrowding, debility, stress or abnormal behavior patterns.

(b) It shall be unlawful and a civil infraction to fail to provide an animal with wholesome exercise and a sufficient quantity of good and wholesome food and water adequate to nutritional requirements of the species, or to fail to provide veterinary care when required to prevent suffering.

(c) It shall be unlawful and a civil infraction to confine any animal in a building, enclosure, car, boat, vehicle or vessel of any kind when extreme heat or extreme cold will be harmful to its health. The animal control officer may remove any animal so confined, after a reasonable attempt to locate the owner of the animal has failed, and may use the amount of force reasonably necessary to remove the animal. The animal control officer will leave a written notice in a prominent place indicating that the animal has been impounded and where it may be claimed by the owner.

(d) It shall be unlawful and a civil infraction for any person keeping or harboring animals to fail to keep the premises where such animals are kept free from offensive odors to the extent that such odors are disturbing to a person residing within reasonable proximity of the premises. It shall be unlawful to allow premises where animals are kept to become unclean and a threat to the public health by failing diligently and systematically to remove all animal waste from the premises. It shall be unlawful to allow animals or premises where animals are kept to become infested with ticks, fleas or other vermin, by failing to diligently and systematically apply accepted methods of insect and parasite control.

(Ord. No. 94-03, § 12, 1-25-94)

Sec. 10-122. Abandonment.

It shall be unlawful and a civil infraction for any person to abandon an unwanted animal. Unwanted animals shall be relinquished to the animal control agency. Such animals will become the property of the animal control agency and shall only be released for adoption or humanely euthanized in accordance with this chapter.

(Ord. No. 94-03, § 14, 1-25-94)

Sec. 10-123. Reporting injury to animals by motor vehicles.

Any operator of a motor vehicle that has injured an animal shall immediately notify the owner, if known, the animal control agency, or the town police department, and advise as to the location of the injured animal. Failure to notify one of such authorities shall constitute a civil infraction.

(Ord. No. 94-03, § 15, 1-25-94)

Sec. 10-124. Animal bites; rabies control; quarantine.

(a) It shall be the duty of any person bitten by an animal, or the owner or harborer of an animal if he has knowledge that the animal has bitten any person, and any medical person/facility which treats a person bitten by an animal, to report the incident to the county health department for supervised quarantine prescribed by state regulations. The place of quarantine for stray and/or owned animals shall be as prescribed by the county health department and, if the animal is owned, shall be at the owner's expense. Animals may be redeemed by the owner when released from quarantine by the county health department.

(b) The animal control agency shall cooperate with the county health department in the impoundment, apprehension and/or quarantine of animals pursuant to a written agreement between the two agencies.

(c) After investigation of an animal bite case by the animal control agency, if it is determined by the investigating officer that the bite was unprovoked, the owner of the animal shall be deemed guilty of a civil infraction and issued a citation pursuant to section 10-3.

(Ord. No. 94-03, § 16, 1-25-94)

Sec. 10-125. Performing animal exhibitions.

(a) No person shall conduct, sponsor or participate in a performing animal exhibition, display, circus or rodeo in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering.

(b) All equipment on performing animals shall fit properly and be in good working condition.

(Ord. No. 94-03, § 19, 1-25-94)

In Witness Whereof, the parties have caused this Ordinance to be executed by their duly authorized officers.

Town Commission of the Town of Shalimar, Florida

By ____________________

Gary Combs, Mayor

ATTEST:

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Thomas A. Burns

Town Manager

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Date of First Reading

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Date of Second Reading