Dog Ordinance - Holmes County Times Advertiser
Dog Ordinace to be reviewed for approval during the September meeting of the Washington County Board of County Commissioners.
Dog Ordinance No. 2011
An ordinance of Washington County, Florida to be known as thee Animal Control Ordinance for Washington County; Providing definitions; Defining the authority of animal control officer(s); providing for the restraint, confinement, adoption, and disposal of stray, dangerous, or nuisance animals; Providing regulations for the treatment, care and use of animals; Providing for enforcement, penalties and fines; providing for the use of revenues collected; Providing for an effective date.
Sec. 1. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Abandoned means for an owner to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of the animal.
Aggressive Animal means any animal, which has injured, killed, or threatens a domestic animal in a first unprovoked attack while off the premises of the owner.
Animal means any domestic vertebrate creature or any living non-human creature
Animal Control Officer means any person who is designated by the State, the County or by the Board, including police officer of the City or County, to enforce the provisions of this chapter who is authorized to investigate civil infractions relating to animal control or cruelty and to issue citations as provided in this section. An animal control officer is not authorized to bear arms or make arrests; however, such officer may carry a device to chemically subdue and tranquilize an animal, provided such officer has successfully completed a minimum of sixteen (16) hours of training in marksmanship, equipment handling, safety and animal care, and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the Chemical Immobilization Guide of the American Humane Association.
At Large means off the premises of the owner, and not under the direct control, custody charge or possession of the owner, or other responsible person. At large shall not include a police dog, fire dog, search and rescue dog or police horse as defined in F.S. 843.19, while in use by a law enforcement agency. At large shall also not include dogs actually working livestock, locating and retrieving wild game in season for a licensed hunter, or a dog being trained to work livestock or retrieve wild game.
Attack means the act by any animal of approaching a domestic animal or a person in such a manner that hostile contact with the other animal or person occurs.
Caretaker means any person or entity that performs such acts of care, shelter, protection, restraint, refuge, food or nourishment in such a manner as to control or influence and animal's activities.
Cat means any domestic member of the feline species.
Citation means a written notice, issued to a person by an officer, that the officer has probable cause to believe that person has committed a civil infraction in violation of this article, and that the County Court will hear the charge. The citation shall contain:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation was issued;
(3) The date and approximate time the civil infraction was committed
(4) The facts constituting probable cause;
(5) The ordinance section violation;
(6) The name and authority of the officer;
(7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation;
(8) The applicable civil penalty if the person elects to contest the citation;
(9) The applicable civil penalty if the person elects not to contest the citation; and
(10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his/her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.
Confined means an animal that is within a building, pen, fenced yard, leashed, or on a chain no longer than twelve (12) feet.
County means Washington County, Florida
Cruelty means every act, omission or neglect by which unnecessary or unjustifiable pain and suffering is caused, permitted or allowed to continue when there is reasonable remedy or relief, except when done in the interest of medical science.
Dangerous Animal means an animal that has, when not reasonably provoked;
(1) Bitten, attacked, or endangered or has inflicted severe injury on a human being on a public or private property; or
(2) Has more than once severely injured or killed a domestic animal while off the owner's property; or
(3) Has chased or approached a person upon streets, sidewalks, or any public grounds in a menacing fashion, or apparent attitude of attack; or
(4) Provided that such actions as set forth and described in paragraphs (1) (2), and (3), above are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority; or
(5) In the case of a do that has been used primarily, or in part, for the purpose of animal fighting, or is an animal trained for animal fighting.
An animal shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was teasing, tormenting, abusing, or assaulting the animal or its owner or a family member. No animal may be declared dangerous if it was protecting or defending a human being within the immediate vicinity of the animal from an unjustified attack or assault. This definition shall not apply to animals utilized by law enforcement officers in the performance of their duties.
Dog means any domestic member of the canine species
Nuisance Animal means:
(1) Any animal that may pose a threat by attacking, or threatening to attack, a person, or other animals or a passing vehicle; or
(2) Any animal off the owner's premises that attacks other animals; or
(3) Any animal which trespasses on school grounds or public places, other than a service animal; or
(4) Any animal which damages private or public property, this includes depositing its waste on property other than its owner's property; or
(5) Any animal which habitually or continuously barks, wines, howls, meows, cries, screams or causes objectionable noises when not reasonably provoked by human provocation; "habitually and continuously" shall mean periods of 25 minutes or more of constant noise, or two or more repeated periods of 15 minutes or more of constant noise within one hour; or
(6) Any animal whose owner abandoned it by refusing to continue to provide it control and care and by allowing it to run at large; or
(7) Any animal that emits unreasonable or offensive odors which can be detected off the premises of the owner
Owner or Person Responsible means any person owning or harboring one or more qualifying animals (dogs or cats). A qualifying animal shall be deemed harbored, if it is fed or sheltered for thirty (30 consecutive days or more. If that person is under eighteen (18) years, that person's parents or guardian shall be held responsible. This definition specifically includes, but not limited to, any person or entity who acts as a "caretaker" for an animal as the term "caretaker" is defined herein or any person charged with the physical care and control of an animal either permanently or temporarily.
Vicious Animal means any animal which has bitten or scratched a human or other animal without provocation two or more times within a twelve month period of time, or any animal which has attacked a human or other animal without provocation, causing serious bodily injury to that human or animal.
Washington County Animal Control means the department of the Washington County Emergency Response Division responsible for implementing and enforcing the provisions of this article.
Sec. 2 .Authority of Animal Control Officer.
(a) General authority. The animal control officer(s) 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 qualifying violation of this chapter of Florida Statutes, and impound such animal in the animal shelter.
(b) Entrance upon public and unfenced private property. The animal control officer(s) may enter public or unfenced property within the County to carry out the enforcement of this chapter of the Florida Statutes
(c) Entrance upon fenced private property. The animal control officer(s) may enter fenced private property, exclusive to buildings, when the animal being sought was at large immediately prior to the animal control agency or officer receiving a sworn complaint regarding the violation, but subsequently the animal returned to it's owner's fenced private property, provided, however, that an attempt to contact the owner or custodian, if known, was unsuccessful.
(d) Removal of neglected or mistreated animals. The animal control officer(s) 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) Chemical capture device. The animal control officer(s) may carry and utilize a humane chemical capture device to subdue and tranquilize an animal.
(f) Issuance of citations. Any animal control officer shall have the authority to issue a citation to a person when such officer has probable cause to believe that the person has committed an act in violation of this chapter. The issuance of such citation shall be in addition to or in lieu of impoundment and fees associated therewith or revocation of a license or permit as provided in this chapter.
Sec. 3. Running at Large Prohibited
(a) All animals, when not on the owner's premises or on the premises of another who consents thereto, shall be and remain under the firect control of a person competent to control such animal at all times.
(b) The owner or custodian of any animal found running or remaining at large shall be responsible for any violation of this article.
(c) Exceptions. This section SHALL NOT apply to:
(1) Any dog actually engaged in the sport of hunting, which includes training six weeks preceding hunting season, under the supervision of competent person.
(2) Any animal that is trained to assist or provide personal services for disabled persons, as defined under the American with Disabilities Act.
(3) Animals used by government agencies, while duty
Sec. 4. Nuisance Animals
(a) Prohibited. It shall be unlawful for any owner or custodian of an animal to allow the animal to become a nuisance animal, as defined in this article.
(b) Exemption. Animals in commercial kennels, security animal on property designated as "commercial" or "industrial" under the Washington County Comprehensive Plan, service animal, and animals on the owner's property that are provoked by persons other than their owner's, including trespassers, shall be exempt from the provisions of this section at it relates to animals that habitually or continuously bark, whine, howl, meow, scream, or cause objectionable noises.
(c) Enforcement. An officer, upon receipt of notification of a complaint by and individual complainant alleging a violation of this section shall investigate and may issue a citation to any animal owner custodian whom the officer has probable cause to believe is in violation of this section. The requirement of probable cause shall be satisfied if the violation occurs in the presence of the officer, or if the available evidence at the scene is sufficient for a reasonable person to believe a violation has occurred, or if the owners or occupants of two (2) or more different lots or residences nearby execute verified written statements substantiating a violation.
Sec. 5. Dangerous Dogs
The County and County Animal Control Officers shall follow the notification, hearing, and appeal procedures contained in F. S. 767-12, in the classification, confiscation and destruction of dangerous dogs. Any hearing required pursuant to F.S. 767.12(1)(c), shall be held before any designee of the Washington County Board of County Commissioners.
Sec. 6. Hunting Dogs
Any dong in the act of hunting may be exempt from this chapter unless the dog has bitten someone, destroyed public or private property, is a continued nuisance or is considered vicious. This exemption pertains only during practice and open dog hunting season.
Sec. 7. Identification
All animals must wear a collar or have a tattoo or implanted microchip, which identifies the owned of said animal, the owner's address, and phone number. To ensure proper notice, all tattoos shall be registered with Washington County Animal Control. An officer may pick up any animal that is not properly identified and place said animal in the animal control shelter. It is a violation of this article for an owner to allow the owner's animal to be off the owner's property and not be under the direct control of the owner without being so properly identified.
Sec. 8. Rabies Vaccinations
All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian against rabies with a vaccine that is licensed by the United States Department of Agriculture for use in those species. Thereafter, the interval between vaccinations shall conform to the vaccine manufactures directions. The cost of the vaccinations must be borne by the animal's owner. Every dog, cat, or ferret so vaccinated is required to wear a valid inoculation tag at all time, or the owner must furnish proof of vaccination. Failure to annually vaccinate a dog, cat, or ferret as per F.S. 828.30 shall constitute a violation of this article. Should an owner be place on notice that the owners animal not be in compliance with this section or the Florida Statutes, said owner shall get into compliance with the Section and/or Florida Statutes, and must provide proof of such compliance with an officer, within ten (10) days or the owner will be subject to the discipline allowed in this ordinance and/or the Florida Statutes.
Sec. 9. Rabies Quarantine
Any animal suspected of having rabies, or having bitten any person or other animal, may be captured and the procedure detailed in the Florida Statutes and/or Florida Administrative Code shall be followed.
Sec. 10. Authority to Impound
(a) Any animal whose owner cannot, after a reasonable search, be located, or will not answer the door, and which animal is suspected of being sick or injured, or is not properly marked for identification purposes, or has inflicted injury or threatened to inflict injury to any person or animal may be picked up, tapped, or captured by appropriate means, including remote chemical immobilization, if the officer, in his/her sole discretion, determines that the seizure is necessary for public health or safety, or to prevent animal suffering.
(b) Any animal impounded under this article not suffering from or suspected of having an infectious disease, shall be held for up to five (5) days excluding the day of impoundment, unless sooner redeemed by the owner. This time frame may be extended by the Washington County Animal Control as necessary. Those animals suffering from or suspected of having an infectious disease shall be evaluated for further action.
(c)Fees. The owner if an animal impounded or taken into custody under this article, shall pay Washington County an impoundment fee for each animal. Impoundment fees are independent and of additional to any civil penalties that may be imposed under this article. The fees shall be paid before an animal may be redeemed by or released to the owner. Or, if the animal is destroyed, the owner shall pay the fee within thirty (30) day of written notice from the Washington County Animal Control that the animal has been destroyed.
The Fees Shall be:
(1) $______ per ______ day period.
(2) An impoundment fee shall be required from an owner who, for whatever reason, can no longer properly control and care for an animal, and who voluntarily relinquishes owner ship of an animal to Washington County Animal Control; and the owner may remain liable for civil penalties for violations occurring prior to voluntary relinquishment.
Sec. 11. Holding Periods at Animal Control Shelter
(a) The following holding periods are hereby established for animals picked up by or turned in to the animal control shelter:
(1) Health dogs or cats shall be held for a minimum of five (5) calendar days (not including the day of impoundment) from the date of posting notice of impoundment.
(2) Diseased or injure animals shall be held 72 hours from the date and time of the posting of the notice of impoundment, unless for humane reasons euthanasia is recommended by a licensed veterinarian.
(3) The animal control shelter, or the county, may at its sole discretion extend the holding period beyond this time on a space available basis.
(4) Unless prohibited by state law, the animal control shelter may, at its discretion, provide veterinary treatment to animals under its care.
(b) Promptly upon impoundment of any animal, the animal control officer shall give written notice to the owner of said animal; if the owners name and address is know. The notice shall state the date and the area where the animal was picked up, a description of the animal, the reason for impounding it, a statement of the number of days or hours in which the owner has to claim the animal, and a statement that unless claimed within the applicable time period, said animal will be disposed of. A copy of the notice will be placed at the animal control shelter.
(c) Any impounded animal which is not reclaimed by its owner prior to expiration of the holding period shall be disposed of in the following manner:
(1) Said animal may be destroyed as provided in F.S. Chapter 828
(2) Said animal, at the discretion of the animal control officer, may be adopted by an adult eighteen (18) years of age or older, who desires to give said animal a home, and who pays for the sterilization, proper vaccination, and fees for such adoption. No animals will be released for adoption without proof of sterilization.
Sec. 12. Power to Set Fees
The Washington County Board of County Commissioners, by resolution, may set fees to be charges to the owner or custodian of an animal by Washington County Animal Control for county impoundment, boarding, adoption, sterilization, rabies, vaccination, euthanasia, disposal and civil fines.
Sec. 13. Interference with an Officer
It Shall be unlawful and a violation of this article for any person to:
(a) Refuse to surrender an animal upon lawful demand by animal officer.
(b) Interfere with any officer who is lawfully performing his/her duties.
(c) Hold, hid, or conceal any animal which an officer has deemed to be in violation of this article or applicable state law.
(d) Take or attempt to take any animal from an officer or from the vehicle used by him/her to transport animals in the legal performance of his/her duties.
(e) Take or attempt to take any animal from an animal control shelter without proper authority.
Sec. 14. Enforcement of Article
The civil and criminal provisions of this article shall be enforced by those persons or agencies designated by the Washington County Board of County Commissioners.
Sec. 15. Penalty
(a) Violation of any section of this chapter shall be a civil infraction the maximum penalty for which shall not exceed $500.00. If the person who has committed the civil infraction does not contest the citation, civil penalties of less than the maximum civil penalty shall be assessed as follows:
(1) For a warning no civil penalty; and
(2) First a first violation $25.00; and
(3) For a second violation within three years after a warning of civil penalty, 475.00; and
(4) For a third violation within three years after a warning or civil penalty, $125.00; and
(5) For subsequent violations within three years, as the court may impose, up to a $500.00 civil penalty.
(6) Provided, however, for aggravated violations of this article (including but not limited to unprovoked biting, attacking or wounding a human or a domestic animal; destruction or loss of personal property; animal cruelty; and repeated violations), the officer may direct and clearly state on the citation that the person must appear in court and does not have the option of paying the civil penalty in lieu thereof.
(b) A citation may be issued by an officer who has probable cause to believe that a person has committed an act in violation of this chapter. The requirement for probable cause shall be satisfied if the violation occurs in the presence of the officer, or if the available evidence at the scene is sufficient for a reasonable person to believe a violation has occurred, or if the owners or occupants of two or more different lots or residences nearby execute verified written statement substantiating a violation. After issuing a citation to an alleged violator, the officer shall deposit the original of the citation with the Clerk of Courts for Washington County. The officer shall also give one copy of the citation to the alleged violator, one copy to the Washington County Administrator, and shall retain one copy of the citation.
(c) A citation may be contested by the alleged violator in the County Court by filing with the clerk a written demand for a hearing within thirty (30) days of receiving the citation. Upon receiving a demand for hearing from an alleged violator the clerk shall schedule a hearing in the County Court, shall send notice of the hearing to the alleged violator and the officer, and shall subpoena any witnesses listed on the citation by the citing officer. The officer and alleged violator shall be responsible for preparing subpoenas for issuance by the clerk, for any witnesses, which are not listed on the citation. Any person electing to appear in the County Court shall be deemed to have waived their right to pay a civil penalty as set in this section and may be assessed by the County Court with a civil penalty up to the maximum civil penalty, and court costs.
(d) Any person cited for a violation of this chapter who does not elect to appear in County Court shall pay the Clerk of Courts for Washington County the civil penalty either by mail or in person within thirty (30) days of the date of receiving the citation.
(e) If a person fails to pay the civil penalty within thirty (30) days, or to appear in court to contest the citation, the court may issue an order to show cause upon motion filed by the County. In such a case the person shall be deemed to have waived his/her right to contest the citation and a judgment may be entered against the person for an amount up to the maximum penalty. This order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court directive, that person may be held in contempt of court. The County shall be entitled to its costs and reasonable attorney's fees incurred in such proceedings.
(f) As provided in F. S. 828.27(5), any person who willfully refuses to sign and accept citation issued by an officer is guilty of a misdemeanor of the second degree, punishable as provided in F.S. 775.082 or 775.083.
(g) In addition to the enforcement procedures provided herein, the Washington County Board of County Commissioners my enforce this chapter by any other means provided by law, and may further enforce this chapter by actions at law and in equity, including actions for injunctive relief, and, if the County prevails in such action, the County shall be entitled to its costs and reasonable attorney's fees incurred in such action. .
(h) In the event an animal is taken into custody, impounded for a violation of this article, or the owner of the animal voluntarily relinquishes ownership of the animal to the animal control shelter, the owner shall remain liable for the civil penalties imposed for violation of this article.
(i) Issuance of a citation or warning to an adult member of the household in which an animal resides shall be deemed notice of the citation or warning to all members of the household.
(j) Any civil penalties collected pursuant to this chapter shall be deposited monthly into the County general fund.
This ordinance shall take effect on ______________________________
ADOPTED this __________ Day of ______________
ATTEST: Board of County Commissioners
of Washington County, Florida
___________________ BY:_______________________
Clerk of Court, Chairman
29 Aug, 2011--
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