0589 Animal ControlORDINANCE NO. 589
AN ORDINANCE PROVIDING FOR THE CONTROL, WELFARE AND BEHAVIOR
OF ANIMALS IN THE INCORPORATED LIMITS OF THE CITY; PROVIDING
FOR THE REPEAL OF ORDINANCES 410, 465; PROVIDING FOR DEFINI-
TIONS; PROVIDING FOR DUTIES OF HUMANE OFFICER, CODE ENFORCE-
MENT OFFICER, POLICE OFFICER; PROVIDING FOR ANIMALS IN GENERAL;
PROVIDING FOR VACCINATION; PROVIDING FOR LICENSE AND TAG RE-
QUIREMENTS; PROVIDING FOR LIMITATION AS TO NUMBER OF ANIMALS;
PROVIDING FOR ANIMALS-AT-LARGE OR RUNNING-AT-LARGE; PROVIDING
FOR PROCEDURES IF AN ANIMAL HAS A DISEASE OR BITES A PERSON;
PROVIDING FOR IMPEDING OFFICERS; PROVIDING FOR ANIMAL WEL-
FARE; PROVIDING FOR A PUBLIC NUISANCE; PROVIDING FOR ISS-
UANCE OF CITATIONS TO VIOLATORS BY HUMANE OFFICERS AND OTHERS;'
PROVIDING FOR PENALTIES AND FINES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida has provided authority to municipalities
to enact ordinances relating to animal control, welfare and behavior, providing for
form and providing procedures and penalties; and
WHEREAS, the city is desirous of providing for a safe environment for
animals; and
WHEREAS, the city is desirous of improving the quality of life for its
people;
NOW, THEREFORE, BE IT ORDAINED by the people of the City of Okeechobee,
Florida:
SECTION 1. ORDINANCES REPEALED:
Ordinances 410, 465 and other applicable City regulations are hereby
repealed.
SECTION 2. DEFINITIONS AS USED HEREIN:
a. Abandon: To forsake an animal entirely or to neglect or refuse to
provide or perform the legal obligations for care and sup-
port of an animal by its owner.
b. Animal: Any living dumb creature.
C. Animal Shelter: Any facility operated by the Humane Society, munici-
pal agency, or its authorized agents for the purpose
of providing or caring for animals held under the
authority of this article or by state law.
C. At Large: 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.
d. Baiting; To attack with violence, to provoke, or to harass an ani-
mal 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 "baiting" means the
use of live animals in the training of racing greyhounds.
e. Citation: 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 enact-
ed 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.
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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.
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 citition 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 penal-
ty.
f. Code Enforcement Officer: Any person who is authorized to investi-
gate, on public or private property,
civil infractions relating to animal
control and to issue citations as provided
in this section. A code enforcement officer
is not authorized to bear arms or make ar-
rests.
g. Control: The regulation of the possession, ownership, care and custody
of animals.
h. Exposed to Rabies: Any animal 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.
i. Household: Any family, association, corporation, or group residing or
utilizing a single structure, lot or parcel of land.
j. Humane Officer: Any person designated by the City of Okeechobee, who
is authorized to investigate, on public or private
property, civil infractions relating to animal control
and to issue citations as provided in this section. A
humane officer is not authorized to bear arms or make
arrests.
k. Officer: Any law enforcement officer defined in Section 943.10, FS or
humane officer or code enforcement officer.
1. Owner: Person or persons, firm or corporation owning, harboring or
keeping any animal for more than 10-days.
m Public Nuisance: Any animal which molests passersby or passing
(or nuisance) vehicles; attacks other animals; trespasses on
school grounds; damages private or public pro-
perty; 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.
n. Running-at-Large: This term is applied to wandering or straying
animals. Dixon vs Lewis, 94 Conn. 548, 109 A.
809, 810; Uebele vs State, 21 Ohio App. 459,
153 N.E. 215, 216; Finley vs Barker, 219 Mich.
442, 189 N.W. 197, 200.
o. Torture, Torment, Cruelty: Includes every act, omission or neglect
whereby unnecessary or unjustifiable
10 pain or suffering is caused.
p. Vicious: Having the nature or quality of being dangerously aggressive
or marked by violence or ferocity.
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SECTION 3. DUTIES:
It shall be the duty of the humane officer, code enforcement officer
and police 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 ani-
mals 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 governmen-
tal agencies, the Humane Society or other associations in regard to ani-
mal regulations; and such other duties and functions as the city adminis-
trator may deem necessary in the furtherance of animal regulations in the
city.
SECTION 4. ANIMALS IN GENERAL:
It shall be unlawful for any owner to have in his custody any animal that
is prohibited by federal or state laws.
SECTION 5. VACCINATION:
Dogs and cats must be vaccinated. Every owner of a dog or cat, within
the corporate limits of the City of Okeechobee, must have it vaccinated
against rabies at least once a year, and upon making application for a
license shall furnish a certificate of vaccination from a licensed veter-
inarian showing that it has been vaccinated against rabies within sixty
(60) days prior to making said application. A separate vaccination certi-
ficate must be issued for each animal vaccinated.
SECTION 6. LICENSE AND TAGS REQUIRED:
a. All dogs or cats kept harbored or maintained in the city must be
licensed and registered if over six (6) months of age. Dog and cat
licenses and tags shall be issued by the office of the city clerk or
the city's authorized agent such as the Humane Society, which may be
designated by the city council.
b. The owner shall state, at the time the application is made for such
licenses, his name, address, telephone number if any, and the name,
breed, color and sex of each dog or cat owned or kept by him. Al-
though required to be licensed, as provided herein the owners of any
seeing eye dogs to assist blind persons shall be exempt from paying
any license fees.
C. Dog and cat licenses shall be issued for a period of one (1) year
and shall run from the first day of October, in each calendar year,
to the thirtieth (30) day of September next following. The tag shall
have thereon the year which it was issued and number corresponding
with the number on the certificate. Each owner must provide each dog
or cat with a collar or harness to which the license tag must be af-
fixed and must see that the collar or harness and tags are constantly
worn. In case a tag is lost or destroyed, a duplicate will be issued
upon payment of an appropriate fee. Tags are not transferable from
one animal to another.
d. It is unlawful for a person to counterfeit or attempt to counterfeit
a dog or cat tag, certificate of vaccination, license certificate, or
take from an animal a tag legally placed upon it, or place a tag upon
an animal unless the tag was specifically issued for that particular
dog or cat.
e. If the license is not obtained by the owner during the current year,
within thirty (30) days of the first possession of any dog or cat or
its becoming six (6) months old, or within thirty (30) days from the
arrival of the dog or cat in the City of Okeechobee, the license pay-
ment shall be deemed delinquent and a late penalty shall be added to
the license fee.
SECTION 7. LIMITATION AS TO THE NUMBER OF ANIMALS:
It is hereby declared to be in the best interest of the City of Okeechobee
and it's citizens not to allow individuals to have numerous animals in a
non-commercial environment. Any household owning more than three (3)
animals shall provide, for their animals, confined pens and/or shelters
with a facility for sanitary waste disposal.
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SECTION 8. ANIMALS-AT-LARGE OR RUNNING-AT-LARGE:
a. It shall be unlawful for the owner of any animal or any dangerous,
vicious, or mischievious 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 there-
by 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 humane officer, code enforcement officer,
or police officer, on information and view to cause the same to be
impounded; nor shall such animal be returned to the owner until such
owner shall pay the appropriate penalties, as hereafter provided,
for each and every such animal, plus the cost of impounding, board-
ing and delinquent license fees.
C. Notice of impounding: After impounding, the appropriate officer shall
give notice to the owner or owners, if known.
d. Any animal impounded or otherwise in the possession or custody of the
humane officer and not reclaimed from the city by its owner within
seven(7)working days shall become the property of the Humane Society
and shall be placed for adoption in a suitable home or humanely euthan-
ized.
e. Any actual, physical injury or damage to any person or property shall
be deemed a criminal violation, and the owner of said animal shall be
guilty of a misdemeanor.
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 conspicious place at the entrance
of said premises advising the public of the nature of the animal main-
tained therein.
SECTION 9. 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 owners
premises and shall be placed under the observation of a licensed veter-
inarian for two (2) weeks at the expense of the owner. The owner shall
notify the Health Department and the Humane Society 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 (2) weeks at the expense of said 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 Humane Society 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 disease, it shall be the duty of the humane
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 Health Department and Humane Society the names and
addresses of persons treated for bites inflicted by animals, to-
gether with such other information as will be helpful in disease
control.
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e. It shall be the duty of every licensed veterinarian to report
to the Health Department and Humane Society 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 humane officer.
SECTION 10. IMPEDING OFFICERS:
It shall be unlawful for any person to intervene with, impede, prevent
or attempt to intervene with, impede, prevent, obstruct or inLmidate
any officer in the discharge of their duties in taking up or attempt-
ing to take up and impound any and all animals which it shall be their
duty to impound under the provisions of this ordinance, or to rescue
or attempt to rescue any animal so taken out by the officer or to
release any animals so impounded.
SECTION 11. ANIMAL WELFARE:
a. Whoever unnecessarily overloads, overdrives, tortures, torments,
deprives of necessary sustenance or shelter, or unnecessarily or
cruelly beats, mutilates or kills any animal, or causes the same
to be done, or carries in or upon any vehicle, or otherwise, any
animal in a cruel or inhumane manner, is guilty of a misdemeanor
of the first degree.
b. Any person who baits, or uses any animal for the purpose of fight-
ing or baiting any other animal; or knowingly owning, managing,
or operating any facility kept or used for the purpose of fighting
or baiting any animal; or promoting, staging, advertising, or
charging any admission fee to a fight or baiting between two or
more animals is guilty of a felony of the third degree.
C. Any person who bets or wages any money or other valuable consider-
ation on the fighting or baiting of animals; or attends the fight-
ing or baiting of animals is guilty of a misdemeanor of the first
degree.
d. Whoever impounds or confines any animal in any place and fails to
supply the animal during such confinement with a sufficient quantity
of good and wholesome food, water and health care; or keeps any
animal in any enclosure without wholesome exercise and change of air;
or abandons to die any animal that is maimed, sick, infirm, or
diseased is guilty of a misdemeanor of the first degree.
e. Any person who is the owner or possessor, or has charge or
custody of any animal who abandons such animal to suffer injury
or malnutrition or abandons any animal in a street, road, or public
place without providing for the care, sustenance, protection, and
shelter of such animal is guilty of a misdemeanor of the first degree.
f. Any person who, as an operator of a motor vehicle, strikes an
animal shall stop at once and render such assistance as may be possible
and shall immediately report such injury or death to the appropriate law
enforcement agendy and the owner if known.
g. 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.
h. 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.
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n
i. The appropriate officer of the city has the power to remove and
impound any animal it deems necessary to protect the welfare of
the public or animal. Appropriate health care shall be provided
and all expenses are the responsibility of the owner.
• SECTION 12. 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 (con-
tinuously 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 kahich the
animal or animals are kept to become unsanitary or to give off un-
pleasant odors resulting in complaints from citizens in the neighbor-
hood.
C. It shall be unlawful for any person to allow any animal to create a
public nuisance as defined in this ordinance.
d. The appropriate office of the city has the power to remove and im-
pound any animal it deems necessary to protect the welfare of the
public. All expenses for impounding and boarding are the responsi-
bility of the owner.
SECTION 13. ISSUANCE OF CITATIONS TO VIOLATORS BY HUMANE OFFICER AND OTHERS:
a. An officer who has probable cause to believe that a person has com-
mitted 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 non-criminal infraction and cited to appear in
County Court. Such person shall sign and accept a citation indicat-
ing a promise to appear.
b. Any person who willfully refuses to sign and accept a citation
issued by an officer shall be in violation of this chapter and may
be prosecuted in accordance with Section 828.27, Florida Statutes.
C. Any person cited for violation of this chapter may:
1. Pay the civil penalty within ten (10) 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 deem-
ed 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 con-
viction, be subject to a civil penalty not to exceed five hundred
($500.00) dollars.
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.
SECTION 14. PENALTIES AND FEES:
a. Civil penalties imposed pursuant to this chapter shall be indepen-
dent of and in addition to, any impoundment fees and other expenses.
b. Any person cited for a civil infraction by an officer for a viola-
10 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.
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d. The following penalties and fees for all sections of this ordinance
are as follows:
1. Section 4. Animals in General:
As prescribed by appropriate federal or state laws.
2. Section 5. Vaccinations:
Each animal not vaccinated ..............$25.00 plus cost of
vaccination.
3. Section 6. License and Tags:
Section 6-a:
License fee for each animal 5.00
Section 6-c:
Duplicate license for any animal........ 5.00
Transfer to new owner for each animal... 5.00
Section 6-d:
Illegally transferring tags
for each animal 25.00
Counterfeiting any certificate or license
for each animal 25.00
Section 6-e:
Late penalty for delinquent license
for each animal 5.00
4. Section 7. Limitation as to Number of Animals:
Each animal over the minimum........... 25.00
5. Section 8. Animals-at-Large or Running-at-Large:
Section 8-a:
Each vicious animal 100.00
Each non-vicious animal 25.00
Section 8-b:
Impoundment and boarding fee...As established by
the Humane Society.
Section 8-e:
Punishable as provided in S. 775.082, 775.083 and
775.084 plus all damages.
Section 8-f:
Each vicious animal 100.00
6. Section 9. Procedure if an Animal has a Disease or Bites
a Person:
Section 9-a:
Owner of the animal who bites another
animal........ 50.00 plus all costs.
Owner not propertly securing animal.... 50.00
Section 9-b:
Owner of animal who bites a person..... 100.00 plus all costs.
Failure to report bite 50.00
Section 9-c:
All impoundment and health care costs.
Section 9-d:
Railure to report 50.00
Section 9-e:
Failure to report 50.00
Section 9-f:
Taking animal off premises without
permission 100.00
7. Section 10. Impeding Officers:
Impeding any officer from performing
his duties 100.00
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"a ej SQ09
8. Section 11. Animal Welfare:
Section 11-a:
Punishable as provided in S. 775.082 or by a fine of
not more than $5,000.00 or both.
• Section 11-b:
Punishable as provided in S. 775.082, 775.083 or
775.084.
Section 11-c:
Punishable as provided in S. 775.082, 775.083 or
775.084.
Section 11-d:
Punishable as provided in S. 775.082 or by a fine
of not more than $5,000.00, or by both imprison-
ment and a fine, or as provided in S. 775.084.
Section 11-e:
Punishable as provided in 775.082 or by a fine
of not more than $5,000.00, or by both imprison-
ment and a fine, or as provided in S. 775.084.
Section 11-f:
Not stopping to render assistance........ 50.00
Failure to report 50.00
Section 11-g:
Female animal off owner's premises
while in heat 25.00
Section 11-h:
Not properly securing vicious animal
while off owner's premises 100.00
Section 11-i:
Impoundment fee each day...As established by the
Humane Society.
9. Section 12. Public Nuisance:
Section 12-a:
Disturbing the peace 25.00
Section 12-b:
Unsanitary conditions; unpleasant odors. 25.00
Section 12-c:
Creating a public nuisance 25.00
Section 12-d:
Impoundment fee for each day............ 25.00
SECTION 15. THIS ORDINANCE SHALL TAKE EFFECT UPON ADOPTION.
Introduced on first reading and set for public hearing this 3rd day of February
1987.
Ca y or
ATTEST:
City Clerk
Introduced and passed on second and final reading this17th day of February
1987.
ATTFcT.
Mayor
City Clerk
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