§ 10-3. 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:

Adult means six months of age or older.

Amphibian means any animal belonging to the class amphibia, including but not limited to frogs, toads, mud puppies, newts and salamanders.

Animal means any dumb living creature.

Animal control authority means the police chief of the city who is authorized to enforce the animal control laws and ordinances of the city, county or state.

Animal control officer means:

(1)

Any individual employed, contracted with or appointed by the animal control authority for the purpose of aiding in the enforcement of any law or ordinance relating to the licensure of animals, control of animals or seizure and impoundment of animals and includes any law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

(2)

Any person employed or appointed by the city who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations as provided in this chapter.

At large means off the premises of the owner and not under the physical control, custody, charge or possession of the owner or other responsible person by leash, cord, chain or fenced enclosure. A police dog or police horse, as defined in F.S. § 843.19, while in use by a law enforcement agency, shall not be deemed to be at large.

Bird means any animal belonging to the class aves, having both feathers and wings.

Cat means any domestic animal of the feline family, excluding related wild species such as panther, cougar, ocelot or leopard.

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 must 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, to contest the citation, or to appear in court as required by this chapter.

(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 shall be deemed to have waived his 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.

(11)

A conspicuous statement that if the person is required to appear in court as mandated by this chapter, he does not have the option of paying a fine in lieu of appearing in court.

Control means the regulation of the possession, ownership, care and custody of animals.

Cruelty means any act of neglect, torture or torment that causes unjustifiable pain or suffering of an animal.

Dangerous dog means any dog that, according to the records of the appropriate authority:

(1)

Has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property;

(2)

Has more than once severely injured or killed a domestic animal while off the owner's property;

(3)

Has been used primarily or in part for the purpose of dogfighting or is a dog trained for dogfighting; or

(4)

Has, when unprovoked, chased or approached a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority.

Designee means any person designated by the animal control authority to act on behalf of such authority.

Dog means any domestic animal of the canine family, excluding related wild species such as wolf, jackal or fox.

Domestic animal means any equine or bovine animal, goat, sheep, swine, dog, cat, poultry or other domesticated beast or bird.

Domesticated means adapted to living comfortably, safely, humanely and healthfully with humans in a household environment.

Fur-bearer means any raccoon, opossum, skunk, nutria, beaver, coyote, fox, bobcat, otter, mink, weasel or round-tailed muskrat.

Humane society means a nonprofit corporation organized under the laws of the state which provides impoundment, boarding, placement and disposal services for animals.

Insecurely fenced property means real property that an animal can enter or leave by going over, under or through an existing fence.

Kennel means any premises, which provides facilities and/or service for the boarding, breeding, buying, grooming, rearing or selling of five or more adult animals or eleven or more nonadult animals and which may include the ancillary retail sales of pet supplies.

License tag means a city license tag issued pursuant to this chapter.

Licensed veterinarian means any person who is licensed to engage in the practice of veterinary medicine in the state under the authority of F.S. ch. 474.

Mammal means any animal belonging to the class mammalia, having hair and feeding their young on milk.

Neutered means permanent removal or disabling of an animal's reproductive function.

Nuisance means:

(1)

Disturbing the peace and quiet of any person by habitually or continuously barking, meowing, howling, crying, whining, screaming, squawking or making other bothersome noises for at least 15 minutes in duration;

(2)

Causing injury or threat of injury to any person by habitual or repeated running at large or chasing of persons;

(3)

Creating obnoxious odors detectable off the premises of the owner by the condition of any animal or its confinement;

(4)

Causing damage or destruction or threat of damage or destruction to any property; or

(5)

Existing in an unsanitary condition.

Offer for sale means trade for money, gifts or other consideration.

Officer means any law enforcement officer defined in F.S. § 943.10 or any animal control officer.

Ordinance means any ordinance relating to the control of or cruelty to animals enacted by the city council, the violation of which is a civil infraction.

Owner means any person, firm, corporation or organization possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that person's parent or guardian.

Passeriforme means an order of bird generally known as the songbird type, including but not limited to canaries, sparrows, finches, buntings, robins, and myna birds.

Pet store means any type of retail facility that is licensed by the city and that offers for sale animals, animal related food and accessories and/or same-day animal grooming services. On-site breeding of animals is prohibited.

Proper enclosure of a dangerous dog means that, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under or through the structure and shall also provide protection from the elements.

Psittaciforme means an order of birds generally known as the parrot or parakeet type, including but not limited to budgerigars, cockatoos, cockatiels, macaws, lories, parakeets, parrots, and lovebirds.

Reptile means any animal belonging to the class reptilia, including but not limited to alligators, caimans, crocodiles, turtles, lizards and snakes.

Residential property means real property that is used primarily for residential purposes, or is located in an area which is predominantly developed for residential use. Zoning district classifications shall not exclusively determine the residential or nonresidential nature of the property. A property shall be considered residential in nature if the residential use is permitted within the zoning district, or if it is an existing legal nonconforming use.

Secure enclosure means:

(1)

A building such as the owner's dwelling; or

(2)

An enclosed and locked pen or structure with secure sides and a secure top, and which is anchored to a floor or other surface to prevent an animal from escaping over, under or through the structure.

Severe injury means any physical injury that results in broken bones, multiple punctures or disfiguring lacerations requiring sutures or cosmetic surgery.

Unprovoked means that the victim who has been conducting himself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.

Unsanitary means a condition caused by a lack of necessary maintenance which may be unhealthy for animals or humans, attract flies and other pests, or be detrimental to the quality of life for animals or humans. Such condition may be evidenced by uncleanliness, odors, urine or urine stains, rotting food or organic matter, stagnant water or accumulated feces.

Wildlife means any wild or nondomestic bird, mammal, fur-bearing animal, reptile or amphibian.

Wildlife rehabilitation center means a specialized facility issued a license or permit by the state for the treatment of sick and injured wildlife.

(Ord. No. 1992-31, § 4, 12-15-92; Ord. No. 1993-4, § 1, 3-16-93; Ord. No. 2003-7, § 1, 4-22-03; Ord. No. 2019-10 , § 1, 3-5-2019)

Cross reference

Definitions and rules of construction generally, § 1-2.