PART II - CODE OF ORDINANCES

Chapter 10 ANIMALS

Chapter 10 ANIMALS1

ARTICLE I. IN GENERAL

Sec. 10-1. Definitions.

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:
Abandon means to forsake an animal entirely or to neglect or refuse to provide or perform the legal
obligations for care and support of an animal by its owner.
Animal means any living dumb creature.
Animal control officer means that person or entity designated by the city.
Animal shelter means any facility providing or caring for animals held under the authority of this article or by
state law.
At large means not limited to any particular place, district, person, matter, or question; open to discussion or
controversy; not precluded, free; unrestrained; not under corporal control; as a ferocious animal so free from
restraint as to be liable to do mischief; fully, in detail; in an extended form.
Baiting means to attack with violence, to provoke, or to harass an animal with one or more animals for the
purpose of training an animal or to cause an animal to engage in fights with or among other animals. Additionally
the term "baiting" means the use of live animals in the training of racing greyhounds.
Citation means a written notice issued to a person by an officer that the officer has probable cause to believe
that the person has committed a civil infraction in violation of a duly enacted ordinance, 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;
(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 or to contest the citation;
(8) The applicable civil penalty if the owner elects to contest the citation;
(9) The applicable civil penalty if the owner elects not to contest the citation; and
(10) A conspicuous statement advising if the owner fails to pay the civil penalty within the time allowed, or
fails to appear in court to contest the citation he shall be deemed to have waived his right to contest
the citation and that in such cases, judgement may be entered against the owner for an amount up to
the maximum civil penalty.
Control means the regulation of the possession, ownership, care and custody of animals.

1
Cross reference(s)—Environment, ch. 30.

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Exposed to rabies means any animal that has been exposed to rabies, within the meaning of this article, if it
has been bitten by, or been exposed to any animal known to have been infected by rabies.
Household means any family, association, corporation, or group residing or utilizing a single structure, lot or
parcel of land.
Owner means a person owning, harboring or keeping any animal for more than ten days.
Public nuisance and nuisance mean any animal which molests passersby or passing vehicles; attacks other
animals; trespasses on school grounds; damages private or public property; barks, whines or howls in an excessive
continuous or untimely fashion; causes an annoyance in the neighborhood by acts such as overturning garbage
cans, digging holes upon other than its owner's property, or such other acts that are generally regarded to create a
public nuisance.
Running at large means wandering or straying of an animal off the premises of the owner or keeper of such
animal.
Torture, torment, cruelty means every act, omission or neglect whereby unnecessary or unjustifiable pain or
suffering is caused.
Vicious means having the nature or quality of being dangerously aggressive or marked by violence or ferocity.
(Code 1982, § 4-1)

Cross reference(s)—Definitions generally, § 1-2.

Sec. 10-2. Unlawful to possess prohibited animals.

It shall be unlawful for any owner to have in his custody any animal that is prohibited by federal or state
laws.
(Code 1982, § 4-2)

Sec. 10-3. Limitation as to the number of animals.

It is hereby declared to be in the best interest of the city and its citizens not to allow individuals to have
numerous animals in a noncommercial environment. Any household owning more than three animals shall
provide, for their animals, confined pens and/or shelters with a facility for sanitary waste disposal.
(Code 1982, § 4-3)

Sec. 10-4. Animals at large or running at large.

(a) It shall be unlawful for the owner of any animal or any dangerous, vicious, or mischievous animal to be
allowed or permitted to be at large or running at large. Any person who shall release, either willfully or
through a failure to exercise due care or control, or take such animals out of such building of secure
enclosure and thereby allow such pet to run at large, shall be deemed to be in violation of this chapter.
(b) It shall be the duty of the animal control officer, on information and view, to cause the animal to be
impounded; nor shall such animal be returned to the owner, until such owner shall pay the appropriate
penalties, as provided in section 10-9, for each and every such animal, plus the cost of impounding, boarding
and delinquent license fees.
(c) Notice of impounding. After impounding, the animal control officer shall give notice to the owner, if known.

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(d) Any animal impounded or otherwise in the possession or custody of the animal control officer and not
reclaimed from the city by its owner within seven working days shall become the property of the county and
shall be placed for adoption in a suitable home or humanely euthanized.
(e) Any actual, physical injury or damage to any person or property shall be deemed a violation, and the owner
of such animal shall be responsible for such injury.
(f) It shall be unlawful for the owner of an animal of dangerous, vicious or fierce propensities to allow it to run
at large on the premises of the owner unless a sign is posted in a conspicuous place at the entrance of such
premises advising the public of the nature of the animal maintained therein.
(Code 1982, § 4-4)

Sec. 10-5. Responsibility of vehicle operator upon striking animal.

Any person who, as an operator of a motor vehicle, strikes an animal shall immediately report such injury or
death to the appropriate law enforcement agency and the owner, if known.
(Code 1982, § 4-5(f))

Sec. 10-6. Female animals in heat.

No person owning or having custody of any female animal shall permit such animal off the premises of the
owner or person having control of such animal when such animal shall be in heat. Every female animal in heat shall
be confined in a building or secure enclosure in such a manner that such female animal cannot come into contact
with another animal except for planned breeding.
(Code 1982, § 4-5(g))

Sec. 10-7. Restraint and muzzling.

It shall be unlawful for any person to take any dangerous or vicious animal off his premises without the
proper leash or enclosure. The animal shall have the proper muzzle to avoid biting any person if it should escape.
(Code 1982, § 4-5(h))

Sec. 10-8. Public nuisance.

(a) It shall be unlawful for any person to keep or harbor within the city any animal which barks, howls or makes
other noises excessively (continuously for more than 20 minutes) by day or night so as to disturb the peace
and quiet of any person or family.
(b) It shall be unlawful for any person to allow the area in which the animal or animals are kept to become
unsanitary or to give off unpleasant odors resulting in complaints from citizens in the neighborhood.
(c) It shall be unlawful for any person to allow any animal to create a public nuisance.
(d) The animal control officer of the city has the power to remove and impound any animal it deems necessary
to protect the welfare of the public. All expenses for impounding and boarding are the responsibility of the
owner.
(Code 1982, § 4-6)

Cross reference(s)—Nuisances, § 30-31 et seq.

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Sec. 10-9. Penalties and fees.

(a) Civil penalties imposed pursuant to this chapter shall be independent of and in addition to, any
impoundment fees and other expenses.
(b) Any person cited for a civil infraction by an officer for a violation of this chapter who elects not to contest the
citation shall be subject to the penalties in this section.
(c) The fees in this section are prescribed for domestic pets and other animals.
(d) The following penalties and fees for all sections of this chapter are as follows:
(1) Section 10-2Unlawful to possess prohibited animals: As prescribed by appropriate federal or state laws.
(2) Section 10-81Vaccinations:
Each animal not vaccinated (plus cost of vaccination)$25.00
(3) Section 10-3Limitation as to number of animals:
Each animal over the minimum25.00
(4) Section 10-4Animals at large or running at large:
Section 10-4(a):
Each vicious animal100.00
Each nonvicious animal25.00
Section 10-4(b):
Impoundment and boarding fee: as established by the county.
Section 10-4(e):
Punishable as provided in F.S. §§ 775.082, 775.083 and 775.084, plus all damages.
Section 10-4(f):
Each vicious animal100.00
(5) Section 10-42Procedure if an animal has a disease or bites a person:
Section 10-42(a):
Owner of the animal who bites another animal (plus all costs)50.00
Owner not properly securing animal50.00
Section 10-42(b):
Owner of animal who bites a person (plus all costs)100.00
Failure to report bite50.00
Section 10-42(c):
All impoundment and health care costs.
Section 10-42(d):
Failure of physician or practioner to report50.00
Section 10-42(e):

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Failure of licensed veterinarian to report50.00

Section 10-42(f):
Taking animal off-premises without permission100.00
(6) Section 10-43Impeding officers:
Impeding any officer from performing his duties100.00
(7) Section 10-5Responsibility of vehicle operator upon striking animal.
Section 10-5:
Failure to report50.00
Section 10-6:
Female animal off owner's premises while in heat25.00
Section 10-7:
Not properly securing vicious animal while off owner's premises100.00
(8) Section 10-8Public nuisance:
Section 10-8(a):
Disturbing the peace25.00
Section 10-8(b):
Unsanitary conditions; unpleasant odors25.00
Section 10-8(c):
Creating a public nuisance25.00
(Code 1982, § 4-7)

Secs. 10-10—10-40. Reserved.

ARTICLE II. ADMINISTRATION2

Sec. 10-41. Duties of enforcing officers.

It shall be the duty of the animal control officers to enforce all federal, state and city ordinances pertaining to
animal regulations; to respond to complaints concerning animals running at large, cruelty to animals, injured
animals and animals creating a nuisance; to apprehend dangerous and vicious animals; to issue notices of
violations to owners of animals in violation of city ordinances; to issue citations to owners of animals in violation of
city ordinances; to prepare affidavits for issuance of warrants against violations of the city ordinances; to work
closely with other governmental agencies, the animal shelter or other associations in regard to animal regulations;
and such other duties and functions as the city administrator may deem necessary in the furtherance of animal
regulations in the city.
(Code 1982, § 4-16)

2
Cross reference(s)—Administration, ch. 2; departments, officers and employees, § 2-71 et seq.

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Sec. 10-42. Procedure if an animal has a disease or bites a person.

(a) If an animal is believed to have rabies, or a contagious disease, or have been bitten by an animal suspected of
having rabies, or a contagious disease, such animal shall be confined by leash or chain on the owner's
premises and shall be placed under the observation of a licensed veterinarian for two weeks at the expense
of the owner. The owner shall notify the health department and the animal shelter of the fact that his animal
has been exposed to rabies or other contagious disease. The humane officer has the power to have such
animal removed from the owner's premises to a veterinary hospital and there placed under observation for
two weeks at the expense of such owner if the condition of the animal warrants such action.
(b) Whenever any animal bites a person, the person so bitten, and the owner of the animal, shall immediately
notify the health department and the animal shelter who shall cause an examination of the animal to be
made by a duly licensed veterinarian and shall order the animal held on the owner's premises or shall have it
impounded as long as necessary for a complete examination, all at the owner's expense.
(c) If it is determined that any animal has contracted rabies or other dangerous, contagious diseases, it shall be
the duty of the animal control officer to take whatever appropriate action is necessary. If at the end of the
quarantine or impoundment, a veterinarian is convinced that the animal is free from disease, it shall be
released. If the animal cannot be saved then it shall be humanely euthanized. The owner shall be responsible
for all expenses.
(d) It shall be the duty of every physician or other practitioner, to report to the county health department the
names and addresses of persons treated for bites inflicted by animals, together with such other information
as will be helpful in disease control.
(e) It shall be the duty of every licensed veterinarian to report to the county health department his diagnosis of
any animal observed by him as a disease suspect.
(f) It shall be unlawful for any person knowing or suspecting that an animal has rabies or other contagious
disease to allow such animal to be taken off his premises, for other than quarantine, without written
permission of the animal control officer.
(Code 1982, § 4-17)

Sec. 10-43. Impeding officers.

It shall be unlawful for any person to intervene with, impede, prevent or attempt to intervene with, impede,
prevent, obstruct or intimidate any officer in the discharge of their duties in taking up or attempting to take up and
impound any and all animals which it shall be their duty to impound under the provisions of this chapter, or to
rescue or attempt to rescue any animal so taken out by the officer or to release any animals so impounded.
(Code 1982, § 4-18)

Sec. 10-44. Issuance of citations to violators.

(a) An officer who has probable cause to believe that a person has committed an act in violation of this chapter
may issue such person a warning or citation. Any person so cited shall be deemed to be charged with a
noncriminal infraction and cited to appear in county court. Such person shall sign and accept a citation
indicating a promise to appear.
(b) Any person who willfully refuses to sign and accept a citation issued by an officer shall be is violation of this
chapter and may be prosecuted in accordance with F.S. § 828.27.
(c) Any person cited for violation of this chapter may:

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(1) Pay the civil penalty within ten days of the date of receiving the citation; or
(2) Appear in county court to contest the citation.
(d) If such person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the
citation, he shall be deemed to have waived his right to contest the citation. In such case, judgment may be
entered against the person for an amount up to the maximum civil penalty.
(e) Any person violating any provision of this article shall, upon conviction, be subject to a civil penalty not to
exceed $500.00.
(f) Any person committing a fourth or subsequent violation of the same provision of this chapter may be
charged with a criminal violation.
(g) Any person charged with a criminal violation of this chapter shall not be cited for a civil infraction, but shall
be prosecuted in the county court according to law.
(Code 1982, § 4-19)

Secs. 10-45—10-80. Reserved.

ARTICLE III. RABIES CONTROL3

Sec. 10-81. Rabies vaccination of dogs, cats, and ferrets.

(a) All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian against
rabies with a United States government-approved vaccine. The cost of vaccination must be borne by the
animal's owner.
(b) A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined the
animal and has certified in writing that at the time vaccination would endanger the animal's health because
of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be vaccinated
against rabies as soon as its health permits.
(c) Upon vaccination against rabies, the licensed veterinarian shall provide the animal's owner and the animal
control authority with a rabies vaccination certificate which must contain at least the following information:
(1) The license number of the administering veterinarian.
(2) The name, address, and phone number of the veterinarian and owner.
(3) The date of vaccination.
(4) The expiration date of the vaccination.
(5) The species, age, sex, color, breed, weight, and name of the animal vaccinated.
(6) The rabies vaccine manufacturer.
(7) The vaccine lot number and expiration date.
(8) The type and brand of vaccine used.
(9) The route of administration of the vaccine.
(10) The signature or signature stamp of the licensed veterinarian.

3
Cross reference(s)—Environment, ch. 30.

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(d) Beginning March 1, 1999, each ferret vaccinated according to this section must be quarantined, when
necessary, according to rules of the state department of health.
(e) Any information contained in the rabies vaccination certificate provided to the animal control authority
which identifies the owner of the animal vaccinated is confidential and exempt from F.S. § 119.07(1) and §
24(a), article I of the state constitution. However, the physician of, or, any person who has been bitten,
scratched, or otherwise exposed to a zoonotic disease and a veterinarian who is treating an animal that has
been bitten, scratched, or otherwise exposed to a zoonotic disease or the owner of an animal that has been
bitten, scratched, or otherwise exposed to a zoonotic disease, shall be provided with any information
contained in a rabies vaccination certificate but only with respect to the particular animal biting, scratching,
or otherwise causing exposure. Any person with an animal tag number may receive vaccination certificate
information with regard to that animal. Federal, state, and local law enforcement and prosecutorial agencies;
other animal control authorities; and emergency and medical response, disease control, or other
governmental health agencies shall be provided information contained in the rabies vaccination certificate
for the purpose of controlling the transmission of rabies; however, they must not release such information to
the public. Any person, pursuant to a written request, may view or copy any individual rabies vaccination
certificate, one record at a time. A copy of any existing database may be obtained, provided that the owner's
name, street address, and phone number, and the animal tag number, are not made available.
(f) Violation of this section is a civil infraction, punishable as provided in F.S. § 828.27(2).
State law reference(s)—Similar provisions, F.S. § 828.30.

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