CHAPTER 5 ANIMALS. Owner: Any person, group of persons, or corporation owning, keeping or harboring animals.

Transcription

1 CHAPTER 5 ANIMALS ARTICLE I. IN GENERAL 5-1. Definitions Animal impoundment officer: The person or persons employed or contracted by the Town as its enforcement officer or officers, or the person of persons contracted by the Town of Inglis as its enforcement officer or officers. Animal shelter: Any premises designated by action of the Town for the purpose of impounding and caring for all animals found running at large in violation of the provisions of this chapter. At large: Any animal shall be deemed at large when off the property of its owner and not under the control of its owner; or, in the case of specially trained animals which immediately respond to commands, direct control shall also include oral control if the controlling person is at all times clearly and fully within the unobstructed sight and hearing of the animal and the animal responds to oral communication of the controlling person. Exposed to rabies: An animal has been exposed to rabies within the meaning of this chapter if it has been bitten by or in direct contact with any animal known to be infected with rabies. Kennel: Any person, group of persons, or corporation engaged in the commercial business of breeding, buying, selling or boarding animals, and the physical property of such business. Owner: Any person, group of persons, or corporation owning, keeping or harboring animals. Restraint: An animal is under restraint within the meaning of this chapter if it is controlled by a competent person and obedient to that person s command, or within a vehicle being driven or parked on the street, or within the property limits of its owner or keeper. ARTICLE II. DOGS AND CATS 5-2. Running at large prohibited No person owning or having possession, charge, custody or control of any dog or cat shall cause, permit or allow the dog or cat to stray, run, be, go or in any other manner be at large in or upon any public street, sidewalk or park or on private property of others without the express or implied consent of the owner of such private property Vicious, dangerous or fierce dogs Any owner of vicious, dangerous or fierce dogs shall keep them confined in proper and secure enclosures at all times. For the purpose of this section a dog shall be deemed fierce, dangerous or vicious if such dog has bitten or hereafter bites or attacks a person off the premises of the owner, or engages in a fight with other household pets off the premises of its owner. 5-1

2 5-4. Cruelty It shall be unlawful for any person to torture, torment, deprive of necessary sustenance, cruelly or unnecessarily beat or whip any animal or cause or procure the same to be done, or fail to provide it with proper food, drink, shelter or protection from the weather Noisy dogs It shall be unlawful for any person to keep any dog, confined or unconfined, in the Town, which, by repeated or continual barking or howling, shall disturb the comfort, peace, quiet or repose of any person residing in the vicinity of such dog Nuisance Animals It shall be unlawful for the owner of a mischievous animal, knowing its propensities, to willfully allow it to enter property of another without consent or permission and causing property damage, or to molest or disturb garbage containers, or to chase vehicles, bicycles, humans, or other's pets Dogs running at large in parks, playgrounds, etc., prohibited It shall be unlawful for any dog, whether licensed or otherwise, to run at large in any public park, playground, recreation area or school ground Keeping animals under restrain The owner shall keep his dog under restraint at all times. ARTICLE III. VACCINATION AND LICENSING 5-9. Required It shall be unlawful for any person to keep or maintain a dog or cat six (6) months of age or older within the corporate limits of the Town without first having such dog or cat vaccinated for rabies, and also having secured a license for such dog; provided, however, the vaccination requirement shall not be applicable to a dog or cat as to which a veterinarian certifies their health would be endangered because of age Certificates (a) Application. Written application for such license shall be made to the Town Clerk of Yankeetown or such agents as shall be designated by Town Council, and shall state the name and address of the owner and the name, breed, color, age and sex of such animal. The license fee shall be paid at the time of making the application, a numbered receipt given to the applicant, and a numbered tag given to the owner. No license shall be issued without the certificate of a licensed veterinarian practicing in Florida, or the written certification of the owner showing an immunization for rabies for the period of the license. (b) Fee. The license fee shall be five dollars ($5.00) for each dog for a one year term. (c) Kennel fee. Every kennel which owns, harbors or keeps four (4) or more dogs shall not be required to obtain individual dog licenses as provided in subsection (b) of this section for such animals owned by them and confined to the kennel. (d) Term; renewal. All licenses shall be issued for one year beginning with the first day of October. 5-2

3 Any dog attaining the age of six (6) months after October 1st shall be licensed within thirty (30) days. The penalty for failure to secure a license prior to November 1st, or within thirty (30) days after the same shall be required, shall be the sum of two dollars ($2.00) in addition to the regular yearly license fee. (e) Transferability. If there is a change in ownership of a dog during the license year, the new owner may have the current license transferred to his name upon application to the Town Clerk, or the agent designated by the Town Council. (f) Use of receipt or tag issued for another animal. No person shall use for any other dog a license receipt or license tag issued for another such animal. (g) Replacement of lost tags. Lost tags may be replaced for a two dollar ($2.00) fee Tag Specifications (a) Upon complying the provisions of section 5-10 there shall be issued, to the owner, a tag, stamped with the number and the year for which issued. The shape, color or design of such tag may be changed from year to year. (b) Every owner is required to see that the tag is securely fastened to the animal's chain, collar or harness which must be worn at all times unless such animal is engaged in hunting or other sport where a collar might endanger its safety. ARTICLE IV. IMPOUNDMENT Impounding - Generally (a) Length of confinement; disposal of unclaimed dogs and cats. Unlicensed dogs or stray or nuisance cats found running at large shall be taken by the animal impoundment officer and impounded in the shelter designated as the town animal shelter (located in the Town of Inglis) and there be confined in a humane manner for a period of not less that seventy-two (72) hours after a reasonable attempt has been made to contact the owner, and may thereafter to be turned over to Levy County Animal Shelter. The time limit for the animal to be held will be on a case by case basis. (b) Alternative procedure when owner known. When dogs are found running at large with a current town license tag, or when the ownership of such animal, is known to the animal impound officer, such animals need not be impounded, but the officer may, at his discretion, cite the owner of such animal to appear in court to answer the charge of violation specified sections herein. The officer shall take into consideration the area problem, if any, whether or not the animal has been previously reported as a nuisance and the rabies incidence in the community and area at the time. (c) Notice to Owner. Immediately upon the impounding of an animal, the animal impoundment officer shall make every reasonable effort to notify the owner of such animal so impounded and inform such owner of the conditions whereby he may reclaim custody of such animal Redemption of impounded animals; disposition of unredeemed animals (a) Redemption. An owner shall be entitled to resume possession of any impounded animal, except as hereinafter provided in certain cases, upon compliance with the license provisions of this chapter and payment of impoundment fees set forth herein. Proof of ownership must be given in the form of a 5-3

4 license receipt, affidavit of neighbors, a photograph, or other means of identification. (b) Disposition. Any animal impounded under the provisions of this chapter and not reclaimed by its owner within seventy-two (72) hours may be humanely destroyed or placed in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with the provisions of this chapter, and such other regulations as may be fixed by the Town. If the animal is one as to which the respective rights of the owner and the person in possession or custody are determined by state law, such law shall be complied with Impoundment fees paid to the Town of Inglis Any animal impounded under this chapter may be reclaimed as herein provided. Upon payment by the owner to the animal impoundment officer of the sum of twenty-five dollars ($25.00) for each animal and the additional sum of five dollars ($5.00) for each day such animal is kept by the town impoundment officer. Impoundment fees set forth herein shall be collected by the Town of Inglis, and such additional sums as herein provided for keeping animals shall be collected by the Town of Inglis. At the end of each year the Municipal Interlocal Agreement Animal Control between Inglis and Yankeetown is in effect, the Town of Inglis shall reimburse the Town of Yankeetown one-half of the impoundment fee charge ($25.00) of any dog or cat picked up in the Town of Yankeetown and impounded in the Inglis Animal Shelter Confinement of certain animals (a) Dangerous or vicious dogs. Any dog impounded as a dangerous or vicious dog may not be redeemed unless such redemption is authorized by a court having jurisdiction. (b) Impoundment of animals violating confinement. Any animal, which escapes confinement and is later found at large, shall be impounded by the animal impoundment officer and may not be redeemed unless such redemption is authorized by any court having jurisdiction. (c) Redemption of animals impounded as nuisances. Any dog or other animal impounded as a public nuisance three or more times may not be redeemed unless such redemption is authorized by a court having jurisdiction. (d) Redemption of animals to be destroyed. When, in the judgment of the animal impoundment officer or the humane society, an animal should be destroyed for human reasons, such animal may not be redeemed. The animal impoundment officer shall make every reasonable effort to notify the owner of such animal so destroyed Rabies Control Generally (a) Every animal which bites a person shall be promptly reported to the animal impoundment officer, and such animal shall thereupon be securely quarantined at the direction of the animal impoundment officer. The quarantine of such animal shall be at the expense of the owner either at the shelter designated as the town animal shelter, a veterinary hospital of the owner's choice, or at the owner's home. In the case of stray animals or in the case of an animal whose ownership is not known, such quarantine shall be at the shelter designated as the town animal shelter. (b) The owner, upon demand by the animal impoundment officer, shall forthwith surrender any animal which has bitten a human or which is suspected of having been exposed to rabies for 5-4

5 supervised quarantine, the expense of which shall be borne by the owner. Such animal may be reclaimed by the owner, if it is adjudged free of rabies upon payment of fees set forth and compliance with licensing provisions as set forth in this chapter. (c) When rabies has been diagnosed in an animal under quarantine or rabies is suspected by a licensed veterinarian and the animal dies under such supervision, the Chief of Police of Inglis shall immediately send the head of such animal to the state health department for pathological examination and shall notify the proper public health officer of reports of human contacts and the diagnosis. (d) When one or both reports indicate a positive diagnosis of rabies, the Chief of Police of Inglis shall recommend an area-wide quarantine for a period of sixty (60) days, and upon the invoking of such (e) quarantine no pet animal shall be taken into the streets or permitted on the streets during such period of quarantine. During such quarantine no animal may be taken or shipped from the Town without written permission of the Chief of Police of Inglis. During this quarantine period and as long afterwards as he decides is necessary to prevent the spread of rabies, the Chief of Police of Inglis shall require that all dogs six (6) months of age and over shall be vaccinated against rabies with a canine rabies vaccine approved by the biologic control section of the US Department of Agriculture. The types of approved canine anti-rabies vaccine to be used and the recognized duration of immunity for each shall be established by the Chief of Police of Inglis. All vaccinated dogs shall be restricted (leashing or confinement on an enclosed premises) for thirty (30) days after vaccination. During the quarantine period the Chief of Police of Inglis shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics strategically located throughout the area of the health jurisdiction. No dog which has been impounded by reason of its being a stray, unclaimed by its owner, shall be allowed to be adopted from the animal shelter during the period of rabies emergency quarantine except by special authorization of the Chief of Police of Inglis. (f) Dogs bitten by a known rabid animal shall be immediately destroyed, or, if the owner is unwilling to destroy the exposed animal, strict isolation of the animal in a kennel for six (6) months shall be enforced. If the dog has been previously vaccinated within the time limits established by the public health service based on the type of vaccine used, revaccination and restraint (leashing and confinement) for thirty (30) days shall be carried out. (g) In the event there are additional cases of rabies occurring during the period of the quarantine, such period of quarantine may be extended for an additional six (6) months. (h) No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies, or any animal biting a human except as herein provided, or remove any animal from the Town limits without written permission from the Chief of Police of Inglis. (i) The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the Chief of Police of Inglis. (i) The Chief of Police of Inglis shall direct the disposition of any animal found to be infected with rabies. 5-5

6 (j) No person shall fail or refuse to surrender any animal for quarantine or destruction as required herein when demand is made by the Chief of Police of Inglis or the animal impoundment officer Reports Persons bitten by Animals It shall be the duty of every physician or other medical practitioner to report to the Chief of Police of Inglis the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control Animals suspected of being rabid It shall be the duty of every licensed veterinarian and of every animal owner to report to the animal impoundment officer any animal considered to be rabies suspect Animal traps authority to place The animal impoundment officer may place animal traps on any public or private property within the Town, provided that the consent of the private property owner be secured, and the Town Clerk of Yankeetown's consent to placing of such traps on public rights-of-way or property owned by the Town be secured Custody of trapped or impounded animals Any animal confined in an animal trap or impounded shall be in the custody of the animal impoundment officer. It shall be unlawful for any person to release any such trapped or impounded animal Damage or destruction It shall be unlawful for any person to interfere with, move, damage or destroy any animal trap placed by the animal impoundment officer on private or public property. ARTICLE V. ENFORCEMENT Affidavit of ComplaintUpon receipt of an Affidavit of Complaint filed with the Animal Impoundment Officer, the Animal Impoundment Officer shall investigate the complaint to determine if the act complained of violated this ordinance. The complaint shall be signed by two or more residents of the Town of Yankeetown residing in separate dwellings in the vicinity in which the violation occurred and shall be made under oath before an individual authorized by law to make oaths or take acknowledgments in the State of Florida, and shall set forth the nature and date of the offense, the owner of the animal, the address of the owner and description of the animal. Provided, however, where it is impossible for two or more residents to sign the complaint, the enforcing officer may act upon a complaint signed by a single resident Citation Authority and Procedures (a) The enforcing officer may issue a citation to a person when the officer has probable cause to believe that the person has violated a provision of this ordinance. The citation shall contain: 1. The date and time of issuance. 2. The name and address of the person. 3. The date and time the violation was committed. 4. The facts constituting probable cause. 5. The section of the ordinance that was violated. 5-6

7 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 may be required. 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. 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; he or she shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against a person for an amount up to the maximum civil penalty. 11. A conspicuous statement that, if the person is required to appear in court, he or she does not have the option of paying a fine in lieu of appearing in court. (b) Fees set forth herein shall be collected by the Town of Inglis. At the end of each year the Municipal Interlocal Agreement Animal Control between Inglis and Yankeetown is in effect, the Town of Inglis shall reimburse the Town of Yankeetown one-half of the civil penalties as stated in 5-23 (c), (d), and (e). (c) A violation of a provision of this ordinance shall be deemed to be a civil infraction and maximum civil penalty for a violation of a provision of this ordinance shall not exceed $ (d) If a violation or charge is not contested or an appearance in court is not required, the following violations are deemed civil infractions and are subject to the following civil penalties: Failure to properly maintain an identification tag or collar: $ Failure to vaccinate animal for rabies as required by Florida statues: $ Nuisance: Allowing animal to: (i) enter property of another without consent or permission and causing property damage; or (ii) molest or disturb garbage containers; or (iii) to chase vehicles, bicycles, humans, pets or animals: $ Filing or causing to be filed a false report of animal nuisance or other report of animal nuisance or other violation of this ordinance: $ Cruelty: Abuse, torture or neglect of animals: $ (e) The Hearing Officer or Judge shall assess fines upon a finding of a violation of this ordinance on all mandatory and requested appearances in an amount not to exceed $ (f) Any person who willfully refuses to sign and accept a citation by an enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in Section or Section , Florida Statues. (g) 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 may be required, the court may issue and order to show cause upon the request of the enforcement department. The court order 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 order fails to appear in response to the courts directive, the person may be held in contempt of court. (h) Animal impoundment officers may issue written warnings prior to the issuance of a citation in incidence of violation of this ordinance for a first offense violation. 5-7

8 (i) Failure to comply with the provisions of a written warning may result in issuance of a citation and/or impoundment of the animal. (Ordinance No , entirely re-written, 5/16/06) 5-8