Loading...
0410 (Animal Control)LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 ORDINANCE #410 AN ORDINANCE PROVIDING FOR THE CONTROL; CARE AND HANDLING OF DOGS AND CATS WITHIN THE CITY OF OKEECHOBEE; PROVIDING FOR LICENSING AND IMPOUNDING AND RELEASE THEREOF; DEFINING CERTAIN TERMS; PRO- VIDING FOR THE ISSUANCE OF A CERTIFICATE OF VACCINATION AND THE WEARING OF A TAG BY DOGS AND CATS; DESCRIBING CONDITIONS WHICH PERMIT A PROCLAMATION TO BE ISSUED; PROVIDING FOR CONFINEMENT OF DISEASED DOGS OR CATS; PRESCRIBING PROCEDURES WHEN AN ANIMAL BITES A PERSON; PROHIBITING MOVEMENT OF A OUARANTINED ANIMAL; PRO- HIBITING INTERVENTION WITH AN ANIMAL CONTROL OFFICER OR POUND MASTER; REQUIRING DOGS & CATS TO BE LEASHED WITHIN THE CITY LIMITS OF THE CITY OF OKEECHOBEE; PROVIDING A LIMITATION AS TO NUMBER OF DOGS AND /OR CATS THAT MAY BE OWNED; PROHIBITING CRUELTY; RE- STRICTING AND PROHIBITING BARKING DOGS; DEFINING AND PROHIBITING A PUBLIC NUISANCE BY ANY DOG OR CAT; PROVIDING THE FORM OF NOTICE WHICH MUST BE GIVEN BY THE OWNER OF A DANGEROUS DOG; SETTING A STANDARD OF CARE WHICH MUST BE PROVIDED ANIMALS BY THE OWNER; PROHIBITING CRUELTY AND ABUSE; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINDED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE COUNTY, FLORIDA: SECTION 1. DEFINITIONS As used herein, the following terms shall mean: (a) Animal Shelter: Any facility operated by a Humane Society, Municipal Agency, or it's authorized agents for the purpose of impounding or caring for animals held under the authority of this article or of state law. (b) Cat: Any male or female feline. (c) Dog: Any male or female canine. (d) Exposed to Rabies: A dog or cat has been ex- posed to rabies within the meaning of this article if it has been biten by, or been exposed to, any animal known to have been in- fected with rabies. (e) Humane Officer: Any person designated by the City of Okeechobee, who is qualified to perform such duties under the laws of this state. (f) The Owner: Any person or persons, firm or cor- poration owning, harboring or keeping any dog or cat for more than ten (10) days. SECTION 2. LICENSE REQUIRED All dogs or cats kept, har- bored or maintained in the City of Okeechobee, Florida must be licensed and registered if over six (6) months of age. Dog and 4 ., 449 1.[;,:,1397 w LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 cat licenses shall be issued by the City Clerk upon payment of a and 50/100ths license tax of three dollars /($3.50) per year for each dog or cat owned. The owner shall state at the time the application is made for such licenses; his name and address, any telephone number, the name, breed, color and sex of each dog or cat owned or kept by him. Although required to license as provided herein, the owners of any seeing -eye dogs to assist the blind persons shall be exempt from paying such licensing fee. Dog and cat licenses shall be issued for a period of one (1) year and shall run from the first (1st) day of August, 1979 in each calendar year to the thirty first (31st) day of July, the next following. SECTION 3. 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 an application for a license shall be furnished a certificate of vaccination from a licensed veteri- narian showing that it has been vaccinated against rabies within sixty (60) days prior to the making of said application. A sep- arate vaccination certificate must be issued for each animal vac- cinated. SECTION 4. CERTIFICATE AND TAG Upon payment of the li- cense fee and presentment of the certificate of vaccination, there shall be issued to the owner of license certificate and a tag for each dog or cat so licensed. The tag shall have thereon the year which it was issued and number corresponding with the number on the certificate. Every owner must provide each dog or cat with a collar or harness to which the license tag must be affixed 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 one ($1.00) dollar. Tags are not transferable from one animal to another. 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 specifi- cally issued for that particular dog or cat. 229 0`- =1398 LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 ,(a9 1''r -. 399 SECTION 5. DELINQUENT LICENSE If the license is not ob- tained by the owner during the current year within thirty (30) days of the first possession of any dog or cat or it's becoming six (6) months old, or within thirty (30) dyas from the arrival of the dog or cat in the City of Okeechobee, the licensed payment shall be deemed delinquent and a penalty of ten ($10.00) dollars shall be added to the license fee. SECTION 6. LEASH REQUIRED No person shall allow his dog or cat to run at large within the City limits of the City of Okeechobee. Any dog or cat found running at large is in violation of this ordinance and shall be impounded. Provided however, that if any dangerous, vicious, or fierce dog or cat found running at large, can not be safely impounded and if in the reasonable dis- cretion of a police officer an emergency exists and there is no other recourse but to kill said dog or cat, then in such event the dog or cat may be slain. In the event an animal is killed as herein provided then a written report must be filed with the Chief of Police of the City of Okeechobee by the police officer involved no later than the end of said police officer's shift. SECTION 7. LIMITATION AS TO NUMBER OF ANIMALS It is hereby declared to be against the best interest of the City of Okeechobee and it's citizens to allow individuals to have numerous dogs and /or cats in a non - commercial enviroment. (a) For the purpose of this section "Dog" and "Cat" shall be deemed and referred to as "Animal ". (b) For the purposes of this section, "Household" shall be deemed to mean any family, association, corporation, or group residing or utilizing a single structure, lot or parcel of land. (c) Any household owning more than three (3) ani- mals shall provide for their animals confined pens or shelters with a facility for sanitary waste disposal. Such facility shall meet the guidelines as established by the Health Departments of the State of Florida and County of Okeechobee. r J` 229 l'Aw_ ,399 LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 4(3° SECTION 8. PROCLAMATION MAY BE ISSUED Whenever it be- comes necessary to safeguard the public from the dangers of hy- drophobia or other disease, the President of City Council, if he deems it necessary, shall issue a proclamation ordering every person owning or keeping a dog or cat to confine it securely on his premises unless such animal shall have a muzzle of sufficient strength to prevent it from biting any person or thing. Any unmuzzled animal running at large during the time of the proclama- tion shall be seized and impounded noticeably infected with rabies. All animals noticeably infected with rabies and all unlicensed dogs and cats running at large during the period of such proclama- tion shall be immediately killed upon being apprehended. SECTION 9. DOGS OR CATS MUST BE CONFINED IF DISEASED If a dog or cat is believed to have rabies or have been biten by an animal suspected of having rabies, such dog or cat shall be confined by leash or chain on the owners premise and shall be placed under the observation of a licensed veterinarian for two (2) weeks at the expense of the owner. The owner shall notify Police Department of the fact that his animal has been exposed to rabies and at his discretion, the Humane Officer is in power to have such animal removed from the owner's premise to a veterinary hospital and there placed under observations for two (2) weeks at the expense of said owner. SECTION 10. PROCEDURE AS TO ANIMALS WHO HAVE BITEN A PERSON Whenever any dog or cat bites a person, the person so biten and the owner of the dog or cat shall immediately notify Police Department who shall cause an examination of the animal to be made by a duly licensed physician or a duly licensed vet- erinarian, and shall order the animal held on the owners premises or shall have it impounded as long as necessary for a complete examination. If it is determined that the animal has contracted rabies or other dangerous, contagious disease, it shall be the duty of the Humane Officer to destroy such dog or cat in as humane a manner as reasonably possible. If at the end of the quarantine or impoundment, a veterinarian is convinced that the 229 ►1s6E1400 LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 229 -1401 animal is free from such diseases, it shall be released. If a dog dies during the period of quarantine or impoundment, it's head shall be sent to the State Department of Health or Examination. SECTION 11. REPORTING DOG AND CAT BITES (a) In any such incident of dog or cat bite, it must be reported to Police Department within twenty -four (24) hours thereafter. (b) It shall be the duty of every physician or other practitioner, to report to the Police Department the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control. (c) It shall be the duty of every licensed veter- inarian to report to the Police Department his diagnosis of any animal observed by him as a rabies suspect. SECTION 12. MOVING OF A QUARANTINED ANIMAL It shall be unlawful for any person knowing or suspecting that a dog or cat has rabies to allow such dog or cat to be taken off his premises or beyond the limits of the City of Okeechobee without written permission of the Humane Officer. Every owner or other person upon assertaining a dog or cat that is rabid shall immediately notify the Police Department and such dog or cat shall be removed to the pound if possible. SECTION 13. IMPOUNDMENT It shall be the duty of the Humane Officer to apprehend any dog or cat running at large con- trary to the positions of this ordinance and to kill or impound such animal. Upon the impoundment of a licensed dog or cat, the owner shall immediately be notified in person or by mail and he may reclaim such animal upon the payment of all costs and charges incurred in impounding and maintaining said animal. If the owner of the dog or cat is unknown, and in the discretion of the Humane Officer said animal should not be immediately destroyed, such dog or cat shall be held at least seven (7) days except for obviously well kept and /or pedigree animals shall be kept a minimum of ten (10) days prior to being destroyed. Well kept and /or pedigree EL; r. 229 rac =1.4Ot LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 r r; far; A,ti "'4402 animals may be kept beyond the ten (10) days and put up for adop- tion at the discretion of the Humane Officer. Any unlicensed dog or cat or any dog or cat which appear to be suffering from rabies, hydrophobia, mange, or other infectious or dangerous disease may in the discretion of the Humane Officer be forthwith be destroyed without notice upon being apprehended. SECTION 14. IMPEDING POUNDMASTER It shall be unlawful for any person to intervene with, impede, prevent or attempt to intervene with, impede, prevent, obstruct or intimidate the Humane 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 poundmaster or his deputies or to release any animals so impounded. SECTION 15. RELEASE FROM IMPOUNDMENT No animal shall be released from impoundment for more than four (4) hours unless proof of a current license, certificate of vaccination, and evi- dence of payment of an impoundment fee of $3.00 plus the sum of $3.00 for each day the animal was impounded, is delivered during normal business hours to the official in charge of said impoundment. The fee to adopt an animal is $15.00. SECTION 16. CRUELTY TO ANIMALS It shall be unlawful for any person to torture or ill -treat any animal whether belonging to himself or to any other person. It shall be unlawful for any person to poison any dog or cat, or to distribute poison in any manner whatsoever, with the intent or the purpose of poisoning any dog or cat, or to willfully injure or disfigure any dog or cat, within the City of Okeechobee, except that any officer or agent of the United States or of this State or of the County of Okeechobee, City of Okeechobee who exposes poison to be taken by predatory animals shall be exempt from the provisions of this section. SECTION 17. ANIMAL CARE (a) No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protect from the weather, veterinary care when needed to prevent 22 9 mlae 1402 LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 229 '. =i4O3 suffering and with humane care and treatment. (b) No person shall beat, cruelly ill- treat, tor- ment, or otherwise abuse an animal. (c) No owner of an animal shall abandon such ani- mal. (d) Any person who, as an operator of a motor vehicle, strikes a dog or cat shall stop at once and render such assistance as may be possible and shall immediately report such injury or death to the animal's owner; in the event the owner can- not be ascertained and located such operator shall at once report the accident to the appropriate law enforcement agency or the local humane society. (e) No person shall expose any known poisonous sub- stance, whether mixed with food or not, so that the same shall be liable to be eaten by any dog or cat. SECTION 18. FEMALES IN HEAT, RESTRICTIONS No person owning or having custody of any female dog shall permit such female dog off the premises of the owner or person having control of such dog when such dog shall be in heat. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. SECTION 19. FILING OF COMPLAINT Any person, firm or corporation, who shall suffer damage to his person or property by reason of a violation of a provision of this chapter shall commence proceedings against the owner or owners, keeper or keepers of the dog or dogs or cat or cats causing such damage by appearing before the chief of police or a police officer on duty at the city hall, and making a sworn complaint against such owner or owners, keeper or keepers of the dog or dogs or cat or cats responsible. SECTION 20. PERMITTING DOG OR CAT TO DAMAGE PROPERTY OF ANOTHER It shall be unlawful for any person who shall own or be in control of or in charge of any dog or cat, to allow or permit such dog or cat to wander or stray upon the property of k ',, 229 NA403 LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 229 1),A404 another and damage such property. In the event any such dog or cat shall wander or stray upon the property of any person within the corporate limits of the City and shall cause damage thereon, proof of such damage and the identity of the dog or cat shall be sufficient to convict the person owning or having charge of or control of the dog violating the terms and provisions of this section. SECTION 21. DISTURBANCES UNLAWFUL It shall be unlawful for any person to keep or harbor within the City any dog which barks, howls, or makes other noices excessively by day or night so as to disturb the peace and quiet of any person or family. SECTION 22. PUBLIC NUISANCE (a) No owner shall fail to exercise proper care and control of his dog or cat to prevent them from becoming a public nuisance, or nuisance animal. (b) A public nuisance or nuisance animal shall be defined as any dog or cat which: (1) Molests passersby or passing vehicles; (2) Attacks other animals; (3) Trespasses on school grounds; (4) Damages private or public property; (5) Barks, whines or howls in an excessive continu- ous or untimely fashion; (6) 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. SECTION 23. NOTICE MUST BE GIVEN OF DANGEROUS DOGS It shall be unlawful for the owner of a dog of dangerous, vicious, or fierce propensities to allow it to run at large on the premises of the owner unless a sign be posted in a conspicuous place at the entrance to said premises advising the public of the nature of the dog maintained therein. SECTION 24. VICIOUS DOGS; RESTICTIONS It shall be un- lawful for any owner of or keeper of any vicious dog to permit such dog to be without the enclosure of the owner or keeper there- I- 22 9 p 14Q4 LAW OFFICE DAVID CONLON POST OFFICE BOX 1086 110 N.E. 3RD AVENUE OKEECHOBEE, FLORIDA 33472 TELEPHONE (813) 763 -5555 229 P CF1405 of within the corporate limits of the city without being properly muzzled. Any dog unknown to have bitten any person is hereby de- fined as a "vicious dog" but the term "vicious dog" shall not be limited to only dogs who are known to have bitten any person. SECTION 25. TORTURING, INJURING, ETC., POLICE DOGS It shall be unlawful for any person to willfully or maliciously tor- ture, torment, beat, kick, harass, tease, strike, mutilate, injure disable or kill any dog used by the police department of the City of Okeechobee, in the performance of the functions or duties of such department, or to interfere with or meddle with any such dog while being used by said department or any member thereof in the performance of any duties or responsibilities of said department. SECTION 26. PENALTY Any person or persons, firms or corporation violating any of the provisions of this ordinance shal upon conviction thereof be subject to a fine not to exceed Two Hundred Dollars ($200.00) or by imprisonment not to exceed Thirty (30) days or both fine and imprisonment. SECTION 27. This ordinance shall take effect on 1st day of August , 1979. PASSED AND ADOPTED this 10th day of July , 1979. ATTEST: CITY CLERK PRESIDENT OF THE CITY ,;C"OUNCIL 1111103 11111113 Ofiga 8S :1 Na 81 ir 6161 8699Z1 :*4£3032 229 PAGE1.405