Florida - Miaimi-Dade County & Sarasota Animal Control Ordinances

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Florida

Miami-Dade County and Sarasota Animal Control Ordinances

Statute Details
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Citation: Miami-Dade County - ; Sarasota

Summary: These ordinances comprise the municipalities of Miami-Dade County and Sarasota, Florida's animal control provisions.

Statute in Full:

Miami-Dade County, Florida

Sarasota, Florida

Miami-Dade County, Florida

CODE of MIAMI-DADE COUNTY, FLORIDA Codified through Ord. No. 05-53, enacted March 15, 2005. (Supplement No. 45)

Chapter 5 ANIMALS AND FOWL*

ARTICLE I. IN GENERAL

ARTICLE II. DOGS*

III. CATS*

ARTICLE I. IN GENERAL

Sec. 5-1. Enforcement.

Miami-Dade County Animal Control Officers shall be responsible for enforcing the sections of this chapter.

(Ord. No. 91-127, § 1, 10-15-91)

Sec. 5-2. Wild animals and reptiles.

It shall be unlawful for any person to persons to keep any wild animal or reptile without first complying with the provisions of Chapter 372, Florida Statutes, and all regulations promulgated by the Florida Game and Fresh Water Fish Commission.

(Ord. No. 58-5, § 22.08, 2-18-58; Ord. No. 73-40, § 1, 4-16-73; Ord. No. 76-50, § 1, 6-1-76)

Sec. 5-2.1. Sterilization requirements for animals adopted from the Miami-Dade County Animal Shelter.

(a) All responsible parties adopting or acquiring ownership of animals from the Miami-Dade County Animal Shelter shall:

(1) Ensure that the animal is sterilized by a licensed veterinarian before obtaining custody of the animal; or, where not medically recommended;

(2) Enter into a written agreement guaranteeing that sterilization will be performed prior to the animal reaching sexual maturity, or nine (9) months of age, whichever occurs first. Breach of the agreement shall be a separate violation of this section.

(b) Penalties. A violation of this section shall be punished by a fine of five hundred dollars ($500.00).

(Ord. No. 94-124, § 1, 6-21-94)

Sec. 5-2.2. Breeders, kennels and pet stores.

(a) Definitions. As used in this section, the following definition shall apply:

(1) Animals shall mean dogs and cats, except for Section 5-2.2(b), where it will include, birds, rabbits, gerbils, hamsters and ferrets.

(2) Breeding shall mean to cause to reproduce.

(3) Commercial breeder shall mean any person, firm, partnership, corporation, or other association which engages in breeding animals for the purpose of sale or transfer of animals for compensation. Hobby breeders are excluded from this classification.

(4) Commercial animal establishment shall mean a pet store or other facility which sells or transfers animals to others for compensation; a kennel or animal boarding facility; or a person who engages in the business of selling or offering to sell animals. Commercial animal establishment shall not include entities operating as dog tracks, governmental agencies, hobby breeders, laboratories, other facilities housing animals for medical research which are approved by a federal agency, and Veterinarians regulated by the Department of Business and Professional Regulation (BPR).

(5) Compensation shall mean something given or received as payment or reparation as for a service or product.

(6) Hobby breeder shall be a person housing or breeding animals at or adjoining a private residence for the purpose of exhibiting animals at organized shows or for the purpose of improving the breed and an active member of a national, state or local breeder organization. Hobby breeders may sell one (1) litter of puppies or kittens per year per female animal.

(7) Housing facility shall mean the larger structure within which primary enclosures containing animals are stored.

(8) Kennel shall mean a commercial animal establishment used for keeping five (5) or more dogs or cats, for sale, breeding, boarding or treatment purposes. Animal hospitals, dog beauty parlors or pet shops, as permitted by law, are excluded from this classification.

(9) Official certificate of veterinary inspection shall mean a legible certificate of veterinary inspection signed by the examining veterinarian that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the person or business from whom the animal was obtained, the consignor or seller, the consignee purchaser, and the examining veterinarian, and the veterinarian's license number. It must list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine type, lot number, expiration date, and the dates of examining veterinarian warrants that, to the best of his or her knowledge, the animal has no signs of contagious or infectious disease and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks.

(10) Pet dealer means any person, firm, partnership, corporation, or other association which, in the ordinary course of business, engages in the sale of dogs or cats to the public. This definition includes commercial and hobby breeders who sell such animals directly to the consumer.

(11) Pet store shall mean any commercial animal establishment that acquires and/or sells/transfers or offers to sell/transfer cats and/or dogs.

(12) Primary enclosure shall mean a structure where an animal is housed and maintained.

(13) Private residence shall mean a place in which a person lives that belongs to or is leased by the person and/or an immediate member of his or her family.

(14) Repeat violation shall mean that the individual received more than one (1) civil violation notice.

(15) Structurally sound shall mean that the physical conditions of the enclosure meets acceptable industry construction standards from the enclosure manufacturer or the building code.

(16) Veterinarian shall mean a person who is licensed to engage in the practice of veterinary medicine under F.S. ch. 474 and is accredited by the United States Department of Agriculture.

(17) Wolf-Hybrid shall mean any domestic dog with genetic makeup from a wolf in its inheritance, as the result of breeding between a dog and a wolf.

(b) Minimum standards for the care of animals by Breeders, kennels and pet stores. All commercial animal establishments located in or engaging in business in Miami-Dade County shall comply with the minimum standards contained in this article for the care of animals as indicated below:

(1) Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained in accordance with normal facility maintenance practices, shall protect the animal from injury; and shall contain the animal.

(2) Water. Water, free of debris and accessible to the animal at all times shall be provided, except when directed otherwise in writing by a licensed veterinarian.

(3) Storage of food. Supplies of food in commercial animal establishments shall be stored in sealed containers or other containers which protects the food against insect infestation and/or contamination. Refrigeration shall be provided for supplies of food whose labeling requires it.

(4) Ventilation. Housing facilities for animals shall be ventilated with fresh air either by means of windows, doors, vents or air conditioning.

(5) Shade. Outdoor housing facilities shall provide each animal with shade that covers each animal's entire body from the rays of the sun.

(6) Primary enclosures. All primary enclosures for animals within an indoor or outdoor housing facility shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons.

(I) Primary enclosures shall be structurally sound and constructed so as to permit the animal within them to remain dry.

(II) Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination.

(III) The floors of the primary enclosure that are not a solid surface shall be of an open-weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made, shall be not less than one-fourth ( 1/4) inch wide in diameter. Where the floor of the primary enclosure is a solid surface, newspaper or a receptacle containing litter shall be provided to contain excreta.

(IV) The primary enclosure shall be constructed and maintained so as to provide sufficient space for the animal contained therein to make normal postural adjustments and have full freedom of movement.

(7) Feeding. All animals shall be fed at least once a day, except as otherwise directed in writing by a licensed veterinarian. The food shall be accessible, free from contamination and/or insect infestation, and shall be of sufficient quantity and nutritive value to meet the minimal daily requirements for the condition and size of the animal as set forth by the commercial food industry or by a licensed veterinarian.

(8) Sanitation. Primary enclosures in commercial animal establishments shall be cleaned at least daily.

(9) Separation. The following restrictions apply to animals house in the same primary enclosure in commercial animal establishments:

(I) Females in season shall not be housed in the same primary enclosure with males, except for breeding purposes.

(II) Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams or surrogate dams.

(III) Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animals.

(IV) Animals under quarantine or treatment for a communicable disease shall be housed according to generally accepted veterinary medical requirements.

(1) Before a dog is offered for sale it shall receive from a veterinarian vaccines and anthelmintics against the following diseases and internal parasites:

(I) Canine distemper.

(II) Leptospirosis.

(III) Bordetella (by intranasal inoculation or by an alternative method of administration if deemed necessary by the attending veterinarian and noted on the health certificate which must be administrated in this County once before sale).

(IV) Parainfluenza.

(V) Hepatitis.

(VI) Canine parvo.

(VII) Rabies, if the dog is over 3 months of age and the inoculation is administered by a veterinarian.

(VIII) Roundworm.

(IX) Hookworm.

The tests, vaccines, and anthelmintics must be administered prior to the dog being offered for sale, unless a veterinarian certifies on the official certification of veterinary inspection that to inoculate or deworm the dog is not in the best medical interest of the dog, in which case the vaccine or anthelmintic may not be administered to that particular dog.

If the dog is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one (21) days before sale within the County. If the dog is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before the sale.

Each dog over six (6) months of age must be tested for heartworm before being offered for sale.

(2) Before a cat is offered for sale it shall receive from a veterinarian vaccines and anthelmintics against the following diseases and internal parasites:

(I) Panleukopenia.

(II) Feline viral rhinotracheitis.

(III) Calici virus.

(IV) Rabies, if the cat is over three (3) months of age and the inoculation is administered by a veterinarian.

(V) Hookworm.

(VI) Roundworms.

The tests, vaccines, and anthelmintics must be administered prior to the cat being offered for sale, unless a veterinarian certifies on the official certification of veterinary inspection that to inoculate or deworm the cat is not in the best medical interest of the cat, in which case the vaccine or anthelmintic may not be administered to that particular cat.

If the cat is under four (4) months of age, the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one (21) days before sale within the County. If the cat is four (4) months of age or older, the tests, vaccines, and anthelmintics required by this section must be administered at or after three (3) months of age, but no more than one (1) year before the sale.

Each cat must also be tested for feline leukemia before being offered for sale.

(3) All dogs and cats sold in the County must have a microchip implanted prior to sale.

(4) Each dog and cat must be accompanied by a current official certificate of veterinary inspection at all times while being offered for sale within the County. Copies of these certificates shall be held by the seller and the veterinarian for a period of three (3) years.

(5) The examination of each dog and cat by a veterinarian must take place no more than thirty (30) days before the sale within the County.

(6) No person may offer to sell or transfer any dog or cat that is less than eight (8) weeks of age.

(7) The records of a pet dealer shall be open for inspection by an Investigator from Animal Care and Control for compliance with this section of the Code.

(8) County-operated or City-operated animal control agencies and State of Florida registered nonprofit humane organizations are exempt from this section.

(d) Sale and breeding of Wolf-hybrids.

(1) No Wolf-hybrid may be sold, or purchased in Miami-Dade County.

(2) No Wolf-hybrid may be bred in Miami-Dade County.

(e) Commercial breeder license requirements.

(1) No person, firm, association, business, joint venture, partnership shall act or perform services of a commercial breeder in Miami-Dade County without first obtaining a commercial breeder's license. A separate license shall be required for each place of business that the services of a breeder are being performed.

(2) Application for a commercial breeder's license shall be on a form prescribed by the Animal Care and Control Division.

(3) The commercial breeder's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a commercial breeder's license shall not alter or the requirement of renewal on the anniversary date of the original issuance.

(4) The annual license fee for a commercial breeder's license shall be fixed by administrative order of the County Manager approved by the Board of the County Commission.

(5) Premises on which animals are kept for breeding shall be subject to inspection by Animal Care and Control for compliance with Section 5-2.2(b). Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a commercial breeder, until such inspection is allowed. Repeat refusals will be grounds for license revocation.

(6) Repeated violations of Section 5-2.2(b) which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a commercial breeder's license by the Chief, Animal Care and Control Division. The suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provisions listed in Section 5-2.2(I). Operating as a commercial breeder after suspension, revocation or denial of a license is a violation of this section.

(7) Operating as a commercial breeder without first obtaining a commercial breeder's license shall subject the violator to the following penalties:

(I) A civil penalty as defined in Section 8CC-10 of the Code.

(II) Two (2) times the license fee for the issuance of the commercial breeder's license.

(f) Hobby breeder registration requirements.

(1) No person, firm, association, business, joint venture, partnership shall act or perform services of a hobby breeder in Miami-Dade County without first registering as a hobby breeder.

(2) Registration as a hobby breeder shall be on a form prescribed by the Animal Care and Control Division.

(3) The hobby breeder registration is a one-time registration.

(4) A one (1) time hobby breeder registration fee shall be paid at the time of registration as set by an administrative order of the County Manager approved by the Board of County Commissioners.

(5) Upon receipt of a complaint, Animal Care and Control may inspect the premise that a hobby breeder house his or her animals.

(6) Operating as a hobby breeder without first registering shall be subject to the following penalties:

(I) A civil penalty as defined in Section 8CC-10 of the Code.

(II) Two (2) times the registration fee for issuance of the hobby breeder registration.

(g) Kennel license requirements.

(1) No person, firm, association, business, joint venture, partnership shall provide the services of a kennel in Miami-Dade County without first obtaining a kennel license. A separate license shall be required for each place of business that kennel services are being offered.

(2) Application for a kennel license shall be on a form prescribed by the Animal Care and Control Division.

(3) The kennel license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a license shall not alter or waive the requirement of renewal on the anniversary date of the original issuance.

(4) The annual license fee for a kennel license shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners. County-operated and city-operated and State of Florida registered not-for-profit humane organizations are exempt from this fee, but must be registered.

(5) Kennels shall be subject to inspection by Animal Care and Control for compliance with Section 5-2.2(b). Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a kennel, until such inspection is allowed. Repeat refusals will be grounds for license revocation.

(6) Repeated violations of Section 5-2.2(b) which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a kennel license by the Chief, Animal Care and Control Division. The suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provisions listed in Section 5-2.2(I). Operating a kennel after suspension, revocation or denial of a license is a violation of this section.

(7) Operating a kennel without first obtaining a kennel license shall subject the violator to the following penalties:

(I) A civil penalty as defined in Section 8CC-10 of the Code.

(II) Two (2) times the license fee for the issuance of the kennel license.

(h) Pet store license requirements.

(1) No person, firm, association, business, joint venture, partnership shall operate a pet store in Miami-Dade County without first obtaining a pet store license. A separate license shall be required for each place of business that operates as a pet store.

(2) Application for a pet store license shall be on a form prescribed by Animal Care and Control Division.

(3) The license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a license shall not alter or waive the requirement of renewal on the anniversary date of the original issuance.

(4) The annual license for the pet store license shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners.

(5) All animals housed in pet stores shall meet the standards listed in Section 5-2.2(b). Pet stores shall be subject to inspection by Animal Care and Control for compliance with Section 5-2.2(b). Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a pet store, until such inspection is allowed. Repeat refusals will be grounds for license revocation.

(6) Repeat violations of Section 5-2.2(b) by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a pet store license by the Chief, Animal Care and Control Division. The suspension, revocation or denial of renewal may be appealed providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of by renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provisions listed in Section 5-2.2(i). Operating a pet store after suspension, revocation or denial of a license is a violation of this section.

(7) Operating a pet store without first obtaining a pet store license shall subject the violator to the following penalties:

(I) A civil penalty as defined in Section 8CC-10 of the Code.

(II) Two (2) times the license fee for the issuance of the pet store license.

(i) Appeal procedures.

(1) Upon receipt of a timely request for an administrative hearing a hearing will be scheduled with a hearing officer.

(2) A notice of hearing shall be sent by first class mail to named appellant at his or her last known address. The notice of hearing shall include but not be limited to the following:

(I) Place, date and time of the hearing.

(II) Right of the appellant to be represented by a lawyer.

(III) Right of the appellant to present witnesses and evidence.

(IV) Notice that failure of the appellant to attend the hearing may result in cost being assessed against him or her.

(V) Notice that requests for continuances will be not be considered if not received by the hearing officer at least ten (10) calendar days prior to the date set for the hearing.

(3) A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the hearing officer at least ten (10) calendar days prior to the date set for the hearing.

(4) All hearings of the hearing officer shall be open to the public. Assuming proper notice, a hearing may proceed in the absence of the named appellant.

(5) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. All testimony shall be under oath.

(6) The Clerk of the Board of County Commissioners shall provide clerical and administrative personnel as may be reasonably required by the hearing officer for the proper performance of his or her duties.

(7) Each case before a hearing officer shall be presented by the County Manager or his or her designee

(8) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses. Any relevant evidence shall be admitted if the hearing officer finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary.

(9) Each party shall have the right to call and examine witnesses to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered on direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him or her.

(10) The hearing officer shall make findings of fact based on the evidence of record. In order to make a finding upholding the suspension, revocation or denial of renewal of a license, the hearing officer must find that the preponderance of the evidence supports repeated violations of Section 5-2.2(b).

(11) Based upon the fact-finding determination, the hearing officer shall either affirm or reversed suspension, revocation or denial of renewal of the license of the appellant.

(12) If the decision of the hearing officer is to affirm the Department's decision, then the appellant shall be responsible to pay the administrative costs of the hearing.

(13) The hearing officer shall have the power to:

(I) Adopt procedures for the conduct of the hearing.

(II) Subpoena the appellant and witnesses for hearing.

(III) Subpoena evidence

(IV) Take testimony under oath.

(V) Assess and order the payment of administrative costs.

(14) The appellant or the department may file a written request for a hearing in the County Court to appeal the decision within ten (10) business days after receipt of the written notification of the hearing officer's decision.

(15) A certified copy of a hearing officer's order imposing administrative costs may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. After one (1) year from filing of any such lien which remains unpaid. Miami-Dade County may foreclose or otherwise execute on the lien.

(16) During the appeal process, the suspension, revocation or denial of appeal is stayed.

(Ord. No. 98-48, § 1, 4-21-98)

Editor's note: Section 5-2.2, relating to artificially colored animals, has been deleted as covered by F.S. § 828.161. The section was derived from Ord. No. 60-4, § 2, adopted Feb. 2, 1960. Subsequently, Ord. No. 98-48, § 1, adopted April 21, 1998, added a new § 5-2.2 to read as herein set out.

Sec. 5-2.3. Possession, sale, etc., of baby chickens, ducklings, rabbits, when artificially colored.

It shall be unlawful for any person to possess, offer for sale, sell, barter or give away within the County any dyed or artificially colored rabbit or other animal, baby chicken, duckling or other fowl.

(Ord. No. 60-4, § 3, 2-2-60)

Sec. 5-2.3.1. Sale, etc., of live turtles--Prohibited; exception.

It shall be unlawful for any person to sell, offer for sale, barter or give away live turtles except where adequate bacteriological proof is submitted to the Miami-Dade County Department of Public Health that such turtles are free from salmonella contamination. Adequate bacteriological proof as used herein shall consist of a statement issued by the chief public health official of the State from which the lot of turtles is shipped, certifying that the turtles have been found free of salmonella based upon laboratory examination, and stating the examinations upon which the statement is based. Such certificates shall accompany and be provided to the dealer of any turtle to be sold from an approved lot. The Director of the Miami-Dade County Department of Public Health may in addition thereto, withhold approval of any lot of turtles whether certified or not, until a series of at least six (6) consecutive cultures taken at intervals of not less than one (1) week have been found negative for salmonella in a laboratory approved for this purpose by the Miami-Dade County Department of Public Health. The results of such examinations shall be submitted on a form to be provided by the Miami-Dade County Department of Public Health. The Director of the Miami-Dade County Department of Public Health or his duly authorized representative may at any time take samples of tank water or any other appropriate samples from turtles offered for sale and order the immediate destruction or transhipment of any lot of turtles found contaminated with salmonella.

(Ord. No. 72-1, § 1, 1-4-72; Ord. No. 76-50, § 3, 6-1-76)

Sec. 5-2.3.2. Same--Warning to be posted at displays of turtles for retail sale.

The following warning shall be posted conspicuously at every display of turtles for retail sale:

CAUTION. Turtles may transmit bacteria causing disease in humans. It is important to wash the hands thoroughly after handling turtles or material in a turtle bowl; not to allow water or any other substance from a turtle bowl to come into contact with your food or areas where your food is prepared; and to make sure that these precautions are followed by children or others handling turtles.

(Ord. No. 72-1, § 1, 1-4-72)

Sec. 5-2.4. Penalty.

Any person convicted of violating any of the provisions of Sections 5-2.1 through 5-2.3.2 shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisonment in the County Jail not to exceed thirty (30) days, or by both such fine and imprisonment.

(Ord. No. 60-4, § 4, 2-2-60; Ord. No. 72-1, § 2, 1-4-72)

Sec. 5-2.4.1. Transportation of animals.

(a) It shall be unlawful for any person to transport a dog or cat in an open-bed truck or other similar vehicle from which the animal can easily escape, unless the animal is confined in a humane manner inside a locked animal carrier, or unless the animal is restrained by a minimum of two tethers, with one tether being affixed to each side of the vehicle, and both tethers being attached to the collar or harness of the animal.

(b) It shall be unlawful for any person to transport a dog or cat in an enclosed vehicle trunk. Any person found to have violated this section shall be subject to a civil penalty as defined in Section 8CC-10 of the Code.

(c) Any person found to have violated this section shall be subject to a civil penalty as defined in Section 8CC-10 of the Miami-Dade County Code.

(Ord. No. 01-74, § 1, 4-10-01)

Sec. 5-2.5. Cruelty to animals.

(a) Legislative intent. It is the intent of the Board of County Commissioners of Miami-Dade County, Florida, to provide an orderly and consolidated procedure wherein cruelty to animals may be corrected and the animals protected. Nothing herein shall affect the powers and duties of the Department of Planning and Zoning to enforce Chapter 33 of the Code of Miami-Dade County.

(b) Acts deemed cruelty to animals. The following acts shall be deemed cruelty to animals (see Florida Statutes, 828.12, 828.13 and 828.16):

(1) Whoever unnecessarily overdrives, tortures, torments, deprives of necessary sustenance or shelter, or 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 inhuman manner,Amended Substitute Agenda Item No. 5 (K) Page No. 9shall be in violation of this section.

A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done shall be in violation of this section.

(2) Confinement of animals without sufficient food. Whoever impounds or confines any animal in any place and fails to supply the same during such confinement with a sufficient quantity of good and wholesome food and water, or who keeps any animals in any enclosure without wholesome exercise and change of air, or who feeds cows on food that produces impure or unwholesome milk, or abandons any animal shall be in violation of this section.

Animals abandoned at a veterinary hospital shall cease to be the responsibility of the veterinary hospital after ten (10) days. Whenever the Animal Control Division finds that any animal is or will be without proper care because of injury, illness, incarceration or other involuntary absence of the person responsible for the care of such animal, or whenever the Animal Control Division receives any animal from a law enforcement agency, the Animal Control Division may impound such animal, until reclaimed by the person responsible for or entitled to the custody of such animal. Any animal which has been impounded and not reclaimed by the owner or owner's agent within ten (10) days from the date of impoundment may be disposed of in accordance with the provisions of Article II, Section 5-11. Prior to disposing of any animal, the Director of the Animal Control Division shall be required to make reasonable efforts to notify the person responsible for or entitled to custody of the animal. The person responsible for or entitled to custody of any animal is impounded may, at any time before the disposal of the animal, redeem such animal upon payment of the fees prescribed and in the manner provided by Article II, Section 5-11.

(3) Contagious diseases. Whoever, being the owner, or having the charge of any animal, knowing the same to have any contagious or infectious disease, or to have been recently exposed thereto, sells, barters or disposes of such animal without first disclosing to the person to whom the same is sold, bartered or disposed of, that such animal is so diseased, or has been exposed, as aforesaid, or knowingly permits such animal to run at large, or knowing such animal to be diseased as aforesaid, knowingly allows the same to come into contact with any such animal of another person without his knowledge or permission, shall be in violation of this section.

(4) Live animal prizes prohibited. Whoever gives away or offers to give away any live animal as a prize in any game, drawing, sweepstakes or other promotion, shall be in violation of this section.

(1) Whenever any person or persons complain of cruelty to animals or upon independent observation of the Animal Control Division, the Animal Control Division shall immediately attempt to ascertain and investigate whether the facts alleged in the complaint or observation constitute an act of cruelty to animals. Nothing contained herein shall authorize a member of the Animal Control Division to enter upon private property without consent of the property owner or without a valid search warrant.

(2) If the representative of the Animal Control Division has reason to believe, subsequent to his investigation, that an act of cruelty to animals may have been committed, he shall immediately institute appropriate proceedings against the owner or owners of the animal alleged to be the victim of the cruel act or those person or persons alleged to have committed the cruel act. Nothing herein contained shall restrict a private citizen from instituting an appropriate proceeding pursuant to the Florida Statutes.

(3) If the representative of the Animal Control Division is unable to ascertain whether the alleged act of cruelty to animals exists, he shall, when appropriate, seek the issuance of a court ordered search warrant.

(4) If a court of competent jurisdiction determines that an act of cruelty to animals does exist, the Animal Control Division shall seek, when appropriate, a court order requesting that the animal in question be taken from the owner to the Animal Control Division shelter or other suitable place of housing for protective custody of the animal.

(d) Penalties. Any person or persons found guilty of an act of cruelty to animals shall be subject to up to sixty (60) days imprisonment and/or a fine not exceeding five hundred dollars ($500.00) for each separate act of cruelty.

(Ord. No. 75-24, §§ 1--4, 4-2-75; Ord. No. 76-50, § 4, 6-1-76; Ord. No. 94-203, § 1, 11-1-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 2, 9-3-98)

Sec. 5-2.6. Commercial trapping of animals.

(a) For purposes of this section "animal" shall mean dogs and cats.

(b) No commercial trapping shall be conducted in Miami-Dade County without first obtaining a trapper's license from the Animal Care and Control Division.

(1) Application for a trapping license shall be on a form prescribed by the Animal Care and Control Division.

(2) The trapping license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a trapping license shall not alter or waive the requirements of renewal on the anniversary date of original issuance.

(3) The trapping fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners.

(4) No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued.

(5) Repeated violations of Section 5-2.6(a, b, c, d) by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a commercial trapper license by the Chief of the Animal Care and Control Division. The suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with the provision listed in Section 5-2.6(e). Commercial trapping after suspension, revocation or denial of a license is a violation of this section.

(1) Traps shall be in good condition in that they will not cause any bodily injury to the trapped animal.

(2) Use of poisons, poisoned substances or stupefying substances in a trap are prohibited.

(3) All traps shall be plainly identified with the name, telephone number, address and Animal Care and Control trapping license number of the trapper who owns the trap.

(4) All traps shall be inspected daily.

(5) All animals trapped shall be brought to a County-recognized humane animal organization, the Animal Care and Control Division or a veterinarian for proper disposition.

(6) A monthly report shall be submitted to the Animal Care and Control Division and it shall contain the following information:

(i) The number of animals trapped during that calendar month.

(ii) The location where the animal was trapped.

(iii) The organization and location of the disposition of the animal trapped.

(d) It shall be unlawful for any person to disturb the trap of another.

(e) Any person who violates any of the provisions of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code.

(Ord. No. 01-74, § 2, 4-10-01)

Sec. 5-2.7. Commercial grooming of animals.

(a) For purposes of this section, the following definitions shall apply:

(1) "Animal" shall mean dogs and cats.

(2) "Compensation" shall mean something given or received as payment or reparation for a service or product.

(3) "Repeat violation" shall mean that the individual received more than one (1) civil violation notice.

(4) "Ventilation" for animals shall mean the animal will be ventilated with fresh air either by means of windows, doors, vents, fans or air conditioning.

(5) "Primary enclosure" shall mean a structure in which an animal is housed and maintained.

(6) "Grooming establishment" shall mean any place of business (stationary or mobile) which accepts private pets for bathing, clipping, dipping, pedicure or other related services (not to include breeding, dentistry, veterinary clinic, or overnight boarding).

(b) No commercial grooming shall be conducted in Miami-Dade County without first obtaining a license from the Animal Care and Control Division.

(1) Application for a license shall be on a form prescribed by the Animal Care and Control Division.

(2) The groomer's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a groomer's license shall not alter or waive the requirement of renewal on the anniversary date of original issuance.

(3) The groomer's license fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners.

(4) No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued.

(5) Premises on which animals are kept for grooming shall be subject to inspection by the Animal Care and Control Division for compliance with Section 5-2.7. Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a groomer until such inspection is allowed. Repeat refusals will be grounds for license revocation.

(6) Repeated violations of Section 5-2.7 by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a groomer's license by the Chief of the Animal Care and Control Division. The suspension, revocation, or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with provision listed in Section 5-2.7(g). Grooming after suspension, revocation or denial of a license is violation of this section.

(7) Operating as a groomer without first obtaining a license shall subject the violator to a civil penalty as defined in Section 8CC-10 of the Code of Miami-Dade County.

(1) All primary enclosures for animals within an indoor or outdoor housing facility shall conform to the following minimum requirements, except where indicated otherwise in writing by a licensed veterinarian for medical reasons.

(i) All animals shall be contained in a primary enclosure and shall not be permitted to be at large in the facility. The primary enclosure shall be appropriate to its species, breed and size so as to provide sufficient space for the animal contained to make normal postural adjustments and have full freedom of movements.

(ii) Primary enclosures shall be structurally sound and constructed so as to permit the animal contained therein to remain dry. Primary enclosures shall be maintained in a clean, dry, and disinfected sanitary manner.

(iii) Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination.

(iv) Floors of primary enclosures that are not a solid surface shall be of an open weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made shall be not less than one-quarter ( 1/4) of an inch in diameter. Where the floor of the primary enclosure is a solid surface, it shall be made of non-porous material. Newspaper or a receptacle containing litter shall be provided to contain excreta.

(v) Primary enclosures must have no sharp points or edges that could injure dogs or cats and must be maintained in good repair.

(2) In order to house five (5) or more animals for more than twelve (12) hours, a kennel permit must be obtained from the Animal Care and Control Division.

(d) Ventilation for grooming parlors and mobile grooming units.

(1) Air, preferably fresh air, must be provided through windows, doors, vents, fans or air-conditioning.

(2) Indoor facilities for dogs and cats must be sufficiently ventilated at all times when dogs and cats are present to provide for their health, comfort and well-being, and to minimize odors, drafts, ammonia levels and moisture condensation.

(i) When dogs and cats are housed in their primary enclosures, the ambient temperature in the facility must not fall below fifty (50) degrees Fahrenheit and must not rise above eighty-five (85) degrees Fahrenheit.

(e) Record keeping for groomers.

(1) All grooming parlors and mobile grooming units shall maintain a record of all animals currently on premises being groomed.

(2) A medical emergency release form must be obtained from the owner of each animal so that emergency treatment can be given if an animal shows signs of illness or is injured while in the care and custody of the grooming parlor/unit.

(3) The information on this medical release form shall include the owner's name, address, emergency telephone number, owner's veterinarian and veterinarian's telephone number. This information shall be provided to the inspecting officer upon request.

(f) Sanitation standards for grooming parlors and mobile grooming units.

(1) Each cage and primary enclosure, including top, sides, floor, grate and door shall be cleaned with soap and disinfectant, rinsed and dried after each animal occupant.

(2) Clippers, combs, brushes and any other equipment shall be disinfected after each animal grooming.

(3) Clean, separate drying towels shall be used for each individual animal groomed.

(4) Grooming bathtubs shall be cleaned with soap and disinfectant and rinsed after each animal grooming. Grooming bathtubs shall be maintained free of mold and mildew.

(5) Clippers, dryers, combs, brushes and any other grooming equipment shall be maintained in good repair so that they are appropriate for the intended safe use per the manufacturer's or supplier's instructions.

(6) No animal having a known or suspected communicable or infectious disease shall be accepted for grooming care by a grooming business.

(g) Any person who violates any provision of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code.

(Ord. No. 01-74, § 3, 4-10-01)

Sec. 5-2.8. Commercial training of animals.

(a) For purposes of this section, the following definitions shall apply:

(1) "Animal" shall mean dogs and cats.

(2) "Compensation" shall mean something given or received as payment or reparation for a service or product.

(3) "Repeat violation" shall mean that the individual received more than one civil violation notice.

(4) "Ventilation" for animals shall mean the animal will be ventilated with fresh air either by means of windows, doors, vents, fans or air conditioning.

(5) "Primary enclosure" shall mean a structure in which an animal is housed and maintained.

(6) "Trainer" shall mean a person, firm association, business joint venture, or partnership that provides services in coaching animals to perform for shows, obedience and other related duties.

(b) No commercial training shall be conducted in Miami-Dade County without first obtaining a license from Animal Care and Control.

(1) Application for a license shall be on a form prescribed by the Animal Care and Control Division.

(2) The trainer's license shall be valid for a period of twelve (12) months from the date of issuance. Failure to timely renew a trainer's license shall not alter or waive the requirement of renewal on the anniversary date of original issuance.

(3) The trainer's license fee shall be fixed by administrative order of the County Manager approved by the Board of County Commissioners.

(4) No license is transferable, nor shall such license be used by anyone except that person to whom the license was issued.

(5) Premises on which animals are kept for training shall be subject to inspection by the Animal Care and Control Division for compliance with Section 5-2.8. Refusal by the licensee or his agent to allow inspection of the premises will result in the suspension of license to operate as a trainer until such inspection is allowed.

(6) Repeated violations of Section 5-2.8 by which the violator has been found guilty or did not appeal shall be grounds for suspension, revocation or denial of renewal of a trainer's license by the Chief of the Animal Care and Control Division. The suspension, revocation, or denial of renewal may be appealed by providing a written request for a hearing within seven (7) calendar days of receipt of notification of suspension, revocation or denial of renewal to the address listed in the suspension, revocation or denial of renewal letter. An administrative hearing will be conducted in accordance with provision listed in Section 5-2.8(g). Training after suspension, revocation or denial of a license is a violation of this section.

(7) Operating as a trainer without first obtaining a license shall subject the violator to a civil penalty as defined in Section 8CC-10 of the Code of Miami-Dade County.

(iii) Primary enclosures shall be maintained so that the animals contained inside have access to water free of contamination.

(v) Primary enclosures must have no sharp points or edges that could injure dogs or cats and must be maintained in good repair.

(2) In order to house five (5) or more animals for more than twelve (12) hours, a kennel permit must be obtained from the Animal Care and Control Division.

(d) Ventilation for trainers.

(1) Air, preferably fresh air, must be provided through windows, doors, vents, fans or air-conditioning.

(e) Record keeping for trainers.

(1) All trainers shall maintain a record of all animals currently on premises being trained.

(f) Animal apparatuses must have no sharp points or other devices that could injure an animal.

(g) Any person who violates any provision of this section shall be punished as indicated in Section 8CC-10 of the Miami-Dade County Code.

(Ord. No. 01-74, § 4, 4-10-01)

Sec. 5-2.9. Taking of peafowl prohibited.

(a) It shall be unlawful for any person to take any peafowl.

(b) As used in this Section, "take" means taking, attempting to take, hunting, molesting, capturing, or killing any peafowl, their nests or eggs, by any means, whether or not such actions result in obtaining possession of peafowl or their nests or eggs.

(c) Penalties. Any person violating this Section shall be punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment for up to thirty (30) days, or by both such fine and imprisonment, for each separate violation of this Section.

(d) Exceptions.

(1) The prohibitions of this section shall not apply on property zoned for agricultural use and used for a bona fide agricultural purpose.

(2) Nothing in this section shall prevent a property owner from removing peafowl from his or her own property in a manner that does not physically injure the peafowl.

(Ord. No. 01-132, § 1, 9-13-01)

Editor's note: Ord. No. 01-132, § 1, adopted Sept. 13, 2001, amended chapter 5 by creating a new section 5-2.6. In order to avoid the duplication of sections, the provisions of said ordinance have been included herein as section 5-2.9 at the discretion of the editor.

ARTICLE II. DOGS*

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*Editor's note: Ord. No. 72-93, § 1, adopted Dec. 5, 1972, amended Art. II to read as set out in §§ 5-3--5-17. Prior to amendment by said Ord. No. 72-93, Art. II, §§ 5-3--5-16, was derived from Ord. No. 58-28, §§ 2--13, adopted July 8, 1958; Ord. No. 63-7, § 1, adopted March 5, 1963; Ord. No. 63-46, § 1, adopted Nov. 5, 1963 and Ord. No. 65-16, §§ 1, 2, adopted March 16, 1965.

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Sec. 5-3. Definitions.

As used in this article, unless the context otherwise indicates:

(1) Responsible party shall be defined to include any person, persons, firms, corporations or associations owning, harboring, keeping or controlling a dog or dogs within the County. Wherever the words "owner" or "person" are used in this article, these words shall mean responsible party.

(2) Dog shall include both male and female.

(3) At large shall be defined to mean off the premises of the owner, and not under the control, custody, charge or possession of the owner, or other responsible person, either by leash, cord or chain.

(4) Veterinarian: The term "veterinarian" as used in this article shall refer to any person licensed or permitted to practice veterinary medicine under the laws of the State of Florida.

(5) Pet shops and animal service organizations: The terms "pet shops" and "animal service organizations" as used within this article shall refer to any businesses, organizations, or entities, either nonprofit or for profit, engaged in the selling or transfer of dogs. The terms include but are not limited to kennels, animal adoption organizations, humane societies, animal clinics, and commercial pet shops.

(6) Puppy: The term "puppy" as used in this article shall mean any dog that is less than four (4) months old.

(7) Puppy tag: The term "puppy tag" as used in this article shall mean a license tag for dogs under four (4) months of age, and shall be evidence of registration of the puppy with Miami-Dade County.

(8) Intact: The term "intact" as used in this article shall mean a dog that has not been spayed or neutered.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 76-50, § 5, 6-1-76; Ord. No. 89-92, § 2, 9-26-89; Ord. No. 94-123, § 1, 6-21-94)

Sec. 5-4. Prohibited in parks and on beaches.

It is deemed in the best interests of the health, safety and welfare of the citizenry and visitors of Miami-Dade County, Florida, that all necessary precautions be implemented to prevent cutaneous larva migrans (a frequently severe skin disorder caused by the infective larvae of a dog or cat hookworm which is transmitted by the contact of the human skin with soil contaminated by dog or cat feces), and visceral larva migrans (a disease caused by the ingestion of larvae dog roundworms which commonly occurs when young children swallow dirt). No responsible party owning or having charge, care, custody or control of any dog shall cause, permit or allow the dog into or upon any public park or beach in the county; provided, however, this provision shall not apply to parkways, wayside parks, or other park areas in which dogs are specifically authorized.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 76-50, § 6, 6-1-76)

Sec. 5-4.1. Exception, blind persons.

Nothing in Section 5-4 shall be construed to apply to any totally or partially blind person accompanied by a guide dog especially trained for the purpose.

(Ord. No. 76-50, § 7, 6-1-76)

Sec. 5-5. Permitting dogs to defecate, etc., on public or common property.

It shall be unlawful for a responsible party to permit, either willfully or through failure to exercise due care or control, any such dog to commit any nuisance upon the sidewalk of any public street; or upon the floor of any common hall in any apartment house, tenement house, hotel or other multiple dwelling; or upon any entranceway, stairway or wall immediately abutting on a public sidewalk, or upon the floor of any theatre, shop, store, office building or other building used in common by the public. "Nuisance," for the purposes of this section, shall be defined as defecation and/or urination.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 76-50, § 8, 6-1-76)

Sec. 5-6. Running at large.

(a) No responsible party owning or having possession, charge, custody or control of any spayed/neutered dog shall cause or permit or allow the dog to stray, run, be, go or in any manner to be at large in or upon public property, or the private property of others without the express or implied consent of the owner(s) of such private property.

(b) Any responsible party who violates any of the provisions of this paragraph (a) shall be punished as follows:

(1) For a first violation, by a fine not to exceed fifty dollars ($50.00);

(2) For a second violation, by a fine not to exceed one hundred dollars ($100.00);

(3) For a third violation, by a fine not to exceed two hundred dollars ($200.00); and

(4) For each subsequent violation, by a fine not to exceed two hundred and fifty dollars ($250.00).

(c) No responsible party owning or having possession, charge, custody or control of any intact dog shall cause or permit or allow the dog to stray, run, be, go or in any manner to be at large in or upon public property, or the private property of others without the express or implied consent of the owner(s) of such property.

(d) Any responsible party who violates any provision of paragraph (c) shall be punished as follows:

(1) For a first violation, by a fine not to exceed one hundred fifty dollars ($150.00);

(2) For a second violation, by a fine not to exceed two hundred dollars ($200.00);

(3) For a third violation, by a fine not to exceed three hundred dollars ($300.00); and

(4) For each subsequent violation, by a fine not to exceed three hundred fifty dollars ($350.00).

(5) A responsible party who is cited under this section may have the penalty for violation reduced to the levels listed in Sections 5-6(b)(1), (2), (3), or (4), as appropriate, by having the intact dog spayed or neutered within thirty (30) days of receipt of the civil violation notice.

(e) Subsections (a) and (c) above shall not apply to any dog when the dog is actually engaged in the sport of hunting in authorized areas and supervised by a competent person.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 75-9, § 1, 2-4-75; Ord. No. 76-50, § 9, 6-1-76; Ord. No. 84-45, § 1, 6-5-84; Ord. No. 91-37, § 1, 3-19-91; Ord. No. 94-123, § 2, 6-21-94)

Sec. 5-6.1. Public nuisance.

(a) It shall be unlawful for any responsible party to fail to exercise proper care and control of his dog or dogs so as to allow the dog or dogs to become a public nuisance. Chasing vehicles or persons and trespassing upon public or private property in such a manner as to damage property shall be deemed a public nuisance.

(b) Any responsible party who violates any provision of this section shall be punished as follows:

(1) For a first violation, by a fine of not less than fifty dollars ($50.00) and not to exceed two hundred dollars ($200.00);

(2) For a second violation, by a fine of not less than one hundred dollars ($100.00) and not to exceed two hundred fifty dollars ($250.00); and

(3) For each subsequent violation, by a fine of not less than two hundred fifty dollars ($250.00) and not to exceed five hundred dollars ($500.00).

(Ord. No. 84-45, § 2, 6-5-84; Ord. No. 91-37, § 2, 3-19-91)

Sec. 5-6.2. Dangerous dogs.

(a) For purposes of this section, the following definitions shall apply:

(1) Competent person shall mean, at a minimum, any person over the age of eighteen (18).

(2) Dangerous dog means any dog that has been designated as dangerous by the animal services division of the Public Works Department (hereinafter "Animal Control") pursuant to this section.

(3) 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.

(4) Severe injury means any physical injury that results in broken bones, multiple bites, punctures, or disfiguring lacerations requiring sutures or reconstructive surgery.

(5) 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.

(6) Animal Control Officer means any individual employed, contracted with, or appointed by Animal Control for the purpose of aiding in the enforcement of this section.

(b) Animal Control shall investigate complaints received from residents involving dogs that may be dangerous and shall have the authority to designate a dog as dangerous. Individuals desiring to have a dog designated as dangerous by Animal Control shall submit to Animal Control a sworn affidavit(s). A dog shall be designated as dangerous if it meets one (1) or more of the following criteria:

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

(2) Has 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 dog fighting, or is a dog trained for dog fighting; 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 (1) or more persons and dutifully investigated by Animal Control.

The owner of the dog being investigated shall, if possible, be interviewed before a determination is made, and an affidavit from any person desiring to have a dog classified as dangerous shall be submitted to Animal Control.

A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property, or, while lawfully on the property, was tormenting, abusing or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

Any animal that is the subject of a dangerous dog investigation, that is not impounded by Animal Control, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to Animal Control. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred.

If Animal Control determines that there is sufficient cause to classify the dog as dangerous, it shall provide written notification of this initial determination by registered mail or certified hand delivery to the owner of the dog within five (5) calendar days of the initial determination.

(c) The owner may file a written request for a hearing to appeal the classification within seven (7) calendar days after receipt of the sufficient cause findings. The written request for a hearing shall be mailed to the address given in the dangerous dog notification letter.

(d) Appeal procedures.

(1) Upon receipt of a named owner's timely request for an administrative hearing, a hearing shall be scheduled with a hearing officer within twenty-one (21) calendar days, but no sooner that five (5) calendar days after receipt of the request of the owner.

(2) A notice of hearing shall be sent by first class mail to the named appellant at his or her last known address. The notice of hearing shall include but not be limited to the following:

(i) Place, date and time of the hearing.

(ii) Right of violator to be represented by a lawyer.

(iii) Right of violator to present witnesses and evidence.

(iv) Notice that failure of violator to attend hearing may result in costs being assessed against him or her.

(v) Notice that requests for continuances will not be considered if not received by the hearing officer at least ten (10) calendar days prior to the date set for hearing.

(4) All hearings of the hearing officer shall be open to the public. Assuming proper notice, a hearing may proceed in the absence of the named violator.

(5) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. All testimony shall be under oath.

(7) Each case before a hearing officer shall be presented by the County Manager or his/her designee.

(9) Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him or her to testify; and to rebut the evidence against him/her.

(10) The hearing officer shall make findings of fact based on evidence of record. In order to make a finding upholding the dangerous dog determination, the hearing officer must find that a preponderance of the evidence supports the determination.

(11) The fact-finding determination of the hearing officer shall be limited to whether one (1) or more criteria listed in subsection (b) of this section were met. Based upon this fact-finding determination, the hearing officer shall either affirm or reverse the sufficient cause findings of the Department. If the decision of the hearing officer is to affirm the Department's decision, then the owner shall be responsible to pay the administrative costs of the hearing.

(12) The hearing officer shall have the power to:

(i) Adopt procedures for the conduct of hearings.

(ii) Subpoena alleged violators and witnesses for hearings.

(iii) Subpoena evidence.

(iv) Take testimony under oath.

(v) Assess and order the payment of administrative costs.

(13) Once the dog is classified as a dangerous dog, Animal Control shall provide written notification to the owner by registered mail, certified hand delivery or service.

(14) The owner may file a written request for a hearing in the County Court to appeal the classification within ten (10) business days after the receipt of the written notification of the dangerous dog classification.

(15) Miami-Dade County may institute proceedings in a court of competent jurisdiction to compel payment of administrative costs, and in that event, if the County prevails, it shall be entitled to costs and attorney's fees incurred.

(16) A certified copy of an order imposing administrative costs may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, Miami-Dade County may foreclose or otherwise execute on the lien.

(17) During the appeal process the owner of the dog must confine the dog in a securely fenced or enclosed area pending a resolution of his or her appeal.

(e) Within fourteen (14) days after a dog has been classified as dangerous by Animal Control, or a dangerous dog classification is upheld by the County Court on appeal, the owner of the dog must obtain a certificate of registration for the dog from Animal Control. The owner must renew the certificate annually. Certificates of registration and renewals thereof shall only be issued to competent persons who are at least eighteen (18) years of age and who present to Animal Control sufficient evidence:

(1) Of a current certificate of rabies vaccination for the dog;

(2) That the dog shall be confined in a proper enclosure of a dangerous dog;

(3) That a clearly visible warning sign at all entry points informs both children and adults of the presence of a dangerous dog on the property;

(4) Of permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

(f) Prior to issuance of the certificate of registration and renewals thereof, the owner must pay Animal Control a fee set by administrative order.

(g) No later than forty-eight (48) hours after its occurrence, the owner shall notify Animal Control in writing when a dog that has been classified as dangerous:

(1) Is loose or unconfined;

(2) Has bitten a human being or attacked another animal;

(3) Is sold, given away, or dies;

(4) Is moved to another address.

(h) Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to Animal Control. The new owner must comply with all of the requirements of this chapter, even if the animal is later moved from this County to another within the State. The owner of a dangerous dog must notify Animal Control that the dog is in Miami-Dade County within forty-eight (48) hours of bringing the dog into the County.

(i) It shall be unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a chain or leash, and under the control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but will prevent it from biting any person or animal. When being transported, such dogs shall be safely and securely restrained within a vehicle. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains in his/her sight and only members of the owner's immediate household or persons eighteen (18) years of age or older are allowed in the enclosure when the dog is present.

(j) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trails, are exempt from the provisions of this act. However, such dogs at all other times in all other respects shall be subject to this chapter. Dangerous dogs shall not be used for hunting purposes.

(k) This section does not apply to dogs used by law enforcement officials for law enforcement work.

(l) Any person who violates any provision of the preceding sections of Section 5-6.2 is guilty of a fine not exceeding five hundred dollars ($500.00).

(m) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the dog shall be subject to confiscation by Animal Control, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notice, and thereafter destroyed in an expeditious and humane manner. The owner may appeal this action during the ten-day period in accordance with subsection 5-6.2(d). In addition, the owner of the dog shall be fined five hundred dollars ($500.00). Upon confiscation of the dog, Animal Control shall provide the owner of the dog as shown by the tag worn on the dog, tattoo or electronic implantation, or as discovered by Animal Control, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of Animal Control to destroy the dog within the time prescribed. If the owner appeals the action, he/she is entitled to a hearing in accordance with Section 5-6.2(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures.

(n) Dogs not previously declared dangerous.

(1) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be immediately confiscated by Animal Control, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days, after the owner is given written notice, and thereafter destroyed in an expeditious and humane manner. The owner may appeal this action during the ten-day period. If the owner appeals the action, he/she is entitled to a hearing in accordance with Section 5-6.2(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures. In addition, the owner of the dog shall be fined five hundred dollars ($500.00). Upon confiscation of the dog, Animal Control shall provide the owner of the dog as shown by the tag worn on the dog, tattoo or electronic implantation, or as discovered by Animal Control, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of Animal Control to destroy the dog within the time prescribed.

(2) If a dog that has not been declared dangerous attacks and causes severe injury to or death of any animal, the owner of the dog shall be fined five hundred dollars ($500.00).

(o) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the dog shall be subject to confiscation by Animal Control, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days, after the owner is given written notice and thereafter destroyed in an expeditious and humane manner. The owner may appeal this action during the ten-day period. If the owner appeals the action, he/she is entitled to a hearing in accordance with Section 5-6.2(d). The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedures. In addition, the owner of the dog shall be fined five hundred dollars ($500.00). Upon confiscation of the dog, Animal Control shall provide the owner of the dog as shown by the tag worn on the dog, tattoo or electronic implantation, or as discovered by Animal Control, a written civil violation notice listing the fine, confiscation, quarantine, impoundment and intent of Animal Control to destroy within the time prescribed.

(p) Upon the destruction of the dog under subsections (m), (n) and (o) above:

(1) Animal Control shall provide the owner of the dog written notice containing all costs and fees incurred by Animal Control in the confiscation, maintenance, quarantine and destruction of the dog, with a deadline of not less than thirty (30) days from receipt of the notice of payment of the costs and fees.

(2) Miami-Dade County may thereafter institute proceedings in a court of competent jurisdiction to compel payment of the fees and costs incurred by Animal Control in the confiscation, maintenance, quarantine and destruction of the dog. A certified copy of an order awarding the County its fees and costs may be recorded in the public records and thereafter shall constitute a lien against the land of the dog owner or, if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, Miami-Dade County may foreclose or otherwise execute on the lien.

(q) Nothing contained herein shall prevent any person from applying to a court of competent jurisdiction for the seizure, impoundment, or destruction of a dangerous dog whose owner has failed to comply with the requirements of this section.

(r) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any violation under this section.

(Ord. No. 84-45, § 3, 6-5-84; Ord. No. 91-37, § 3, 3-19-91; Ord. No. 91-128, § 1, 10-15-91; Ord. No. 94-122, § 1, 6-21-94; Ord. No. 02-228, § 1, 11-19-02)

Sec. 5-7. Vaccination against rabies.

No penalty shall apply for the violation of this section unless notice is issued to the responsible party for the failure to vaccinate the dog and the responsible party fails to provide proof of vaccination within thirty (30) days of the issuance of the notice.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 77-50, § 1, 7-19-77; Ord. No. 77-51, § 1, 7-19-77; Ord. No. 81-66, § 1, 6-2-81; Ord. No. 89-92, § 3, 9-26-89; Ord. No. 94-202, § 1, 11-1-94; Ord. No. 98-61, § 1, 5-5-98; Ord. No. 02-228, § 1, 11-14-02)

Sec. 5-7.1. Reserved.

Editor's note: Ord. No. 89-92, § 4, adopted Sept. 26, 1989, deleted former § 5-7.1, relative to a report of vaccination by veterinarian, which derived from Ord. No. 77-50, § 2, adopted July 19, 1977 and Ord. No. 81-66, § 2, adopted June 2, 1981.

Sec. 5-8. License tags required for all dogs; conditions for issuance of tags.

(a) Every person owning, keeping or harboring any dog over four (4) months of age within Miami-Dade County, Florida, or bringing any dog over four (4) months of age into this County shall, within thirty (30) days, register said dog with the Miami-Dade County Animal Services Division and obtain a license tag which shall be worn by the dog at all times. The Animal Services Division shall require, as a prerequisite to the issuance of a license tag of any dog, satisfactory proof that such dog has been inoculated against rabies within twelve (12) months immediately prior to the application for a license tag, by the vaccine specified by and in accordance with the provisions of Section 5-7. The official certificate prescribed pursuant to Section 5-7 and signed by a veterinarian licensed to practice veterinary medicine and surgery in the United States, in private practice or in an approved public clinic, shall be accepted as conclusive evidence as to the fact and time of such inoculation, or a certificate of a qualified veterinarian certifying the inoculation for rabies would endanger the health of the particular dog, as provided by Section 5-7 of this chapter, may be accepted. All out-of-state inoculation certificates shall be valid for a period not exceeding thirty (30) days.

(b) Penalties.

(1) Any responsible party owning a spayed/neutered dog found guilty of violating this section shall be fined fifty dollars ($50.00) for each offense.

(2) Any responsible party owning an intact dog found guilty of violating this section shall be fined one hundred fifty dollars ($150.00) for each offense.

(3) Any responsible party who is cited under this section may have the penalty for violation reduced to the level listed in Section 5-8(b)(1), by having the intact dog spayed or neutered within thirty (30) days of receipt of the civil violation notice.

(c) No penalty shall apply for the violation of this section unless notice is issued to the responsible party regarding the violation and the responsible party fails to satisfy the requirements of this section within thirty (30) days of the issuance of the notice.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 75-107, § 1, 11-18-75; Ord. No. 77-50, § 3, 7-19-77; Ord. No. 77-51, § 2, 7-19-77; Ord. No. 94-149, § 1, 7-14-94; Ord. No. 95-121, § 1, 6-20-95; Ord. No. 98-61, § 2, 5-5-98)

Sec. 5-8.1. Legislative intent.

This article utilizes the authority and powers of Miami-Dade County in order to secure for the citizens of this County the protection of their health, safety and welfare. It is applicable to all practicing licensed veterinarians and organizations or businesses engaged in the sale or transfer of ownership of dogs. This article is designed to regulate veterinarians by requiring that license tags be available for purchase at the time of vaccination of a dog against rabies, and that a report be forwarded to the County containing the names of persons refusing to purchase these license tags. This article further requires that license tags be available for purchase by the dog owner at the time of sale or transfer of a dog, and that puppy tags be sold with every puppy sold or transferred. These measures are intended to ensure that the County has the necessary information and capital resources to enforce the County's already existing licensing ordinance. The unique history and lack of success with other measures attempted at controlling stray dogs and enforcing the licensing ordinance have been determined to require the special regulations and provisions contained within this article which the County Commission hereby finds reasonable and necessary.

(Ord. No. 89-92, § 5, 9-26-89)

Sec. 5-8.2. Report of vaccination and sale of license tags by veterinarians.

(a) Postmarked no later than the tenth day of each month, all veterinarians administering rabies vaccinations, shall, as to each dog vaccinated, deliver to the Miami-Dade County Tax Collector's Office, one (1) copy of the County certificate prescribed under Section 5-7 as evidence of each vaccination administered the previous month.

(b) It shall be the duty of all veterinarians, upon vaccinating a dog against rabies, to have available for purchase by the dog owner or other responsible party, a Miami-Dade County license tag.

(c) All veterinarians shall have Miami-Dade County license tags available for purchase by dog owners or other responsible parties who present evidence to the veterinarian that their dog has been vaccinated against rabies. The effective date of the license tag shall be the date on which the dog was last vaccinated against rabies, and the tag shall only be effective for the twelve-month period following the date of that last vaccination.

(d) Where a veterinarian sells a Miami-Dade County license tag, he may collect as payment for the tag no more than the value of the tag as established by Miami-Dade County, and a maximum premium of twenty (20) percent of the value of the tag. Veterinarians shall be responsible for the value of all tags held by them for sale to dog owners.

(e) Postmarked no later than the tenth day of each month, each veterinarian shall deliver to the Miami-Dade County Tax Collector's Office one (1) payment containing the value of any and all license tags sold by the veterinarian, or lost, destroyed or stolen, the previous month. Along with each month's remittance, the veterinarian shall submit to the Miami-Dade County Tax Collector's Office documentation to be provided by Miami-Dade County covering all tags sold, lost, destroyed or stolen. The Miami-Dade County Tax Collector's Office shall have the authority to assess interest for any payments received after the deadline established in this section.

(f) All veterinarians shall provide to all owners and responsible parties who bring a dog to the veterinarian for vaccination against rabies, with literature prepared by Miami-Dade County for this purpose, stating that Miami-Dade County law requires the yearly purchase of vaccinations and license tags for dogs.

(g) Any veterinarian who willfully violates any provision of this section shall be fined two hundred and fifty dollars ($250.00) for each separate offense, except when such requirement would violate a confidential doctor-client relationship.

(Ord. No. 89-92, § 5, 9-26-89; Ord. No. 90-25, § 1, 3-20-90)

Sec. 5-8.3. Vaccination of dogs, sale of tags and report of vaccination or sale of puppy tags upon sale or transfer of ownership of dogs and puppies.

(a) All veterinarians, pet shops, and animal service organizations selling or transferring ownership of dogs shall, at or prior to the time of sale or transfer:

(1) Have a dog vaccinated against rabies by a licensed veterinarian; and

(2) Maintain a license tag for sale at the site where the sale or transfer of the dog is effectuated; and

(3) Provide all persons who purchase or otherwise acquire dogs from them with the Miami-Dade County literature described in Section 5-8.2(d); and

(4) File with the Miami-Dade County Tax Collector's Office, at least once a month, one (1) copy of the County certificate prescribed under Section 5-7 as evidence of vaccination for each dog sold or transferred; and

(5) Where license tags are sold under subsection (a)(2) of this section, the veterinarian, pet shop or animal service organization shall comply with the requirements of Sections 5-8.2(d) and (e).

(b) All veterinarians, pet shops and animal service organizations selling and/or transferring ownership of puppies shall, upon the sale or transfer of ownership of the puppy:

(1) Sell to the owner a puppy tag, designed to be worn by the puppy until such time as the owner obtains a license tag under Section 5-8; and

(2) File with the Miami-Dade County Tax Collector's Office, postmarked no later than the tenth day of the month following the month in which a puppy was sold or transferred, one (1) copy of official County certificates evidencing the puppy's sale or transfer, signed by the veterinarian, pet shop, or animal service organization responsible for the sale or transfer.

(3) Where a puppy tag is sold under subsection (b)(1) of this section, the veterinarian, pet shop or animal service organization may collect as payment for the tag the value of the puppy tag as established by Miami-Dade County and a maximum premium of twenty (20) percent of the value of the tag. Veterinarians, pet shops and animal service organizations shall be responsible for the value of all puppy tags held by them for sale.

(4) Postmarked no later than the tenth day of each month, each veterinarian, pet shop or animal service organization shall deliver to the Miami-Dade County Tax Collector's Office one (1) payment containing the value of any and all puppy tags sold, lost, destroyed, or stolen the previous month. The Miami-Dade County Tax Collector's Office shall have the authority to assess interest for any payments received after the deadline established in this section.

(c) Any veterinarian, pet shop or animal service organization who violates any provision of this section shall be fined two hundred and fifty dollars ($250.00) for each separate offense.

(Ord. No. 89-92, § 5, 9-26-89; Ord. No. 90-25, § 1, 3-20-90)

Sec. 5-8.4. Enforcement.

All Miami-Dade County Animal Control Officers shall be responsible for enforcing the provisions of this article.

(Ord. No. 89-92, § 5, 9-26-89)

Sec. 5-8.5. Authority of Tax Collector's Office to promulgate rules.

The Miami-Dade County Tax Collector's Office is hereby authorized and empowered to establish rules, procedures, and forms relating to the sale and reporting requirements of Sections 5-8.2 through 5-8.5.

(Ord. No. 90-25, § 1, 3-20-90)

Sec. 5-9. Duration and cost of license tags for dogs.

(a) The license tags for dogs required herein shall be issued for one (1) calendar year upon payment of the proper fee and display of an official County certificate from a qualified veterinarian indicating that the dog has been inoculated against rabies pursuant to the requirements of Sections 5-7 and 5-8 of this chapter for the period elapsing. Each tag shall have a number and shall be in effect for twelve (12) months from date of issuance. Failure to timely renew a license shall not alter or waive the requirement of renewal on the anniversary date of the original issuance.

(b) The license tags for dogs herein required shall be issued after payment of the appropriate license fee for a one-year license as established by administrative order of the County Manager with the approval of the Board of County Commissioners for the following three (3) categories:

(1) Neutered or spayed dogs;

(2) Unspayed or unsterilized dogs;

(3) Any dog owned by an indigent person as defined by administrative order of the County Manager with the approval of the Board of County Commissioners.

There shall be no license fee for Seeing Eye dogs belonging to, and used by, those persons that are "blind persons" as defined by the laws of this State. If the license is not secured within thirty (30) days after the dog first becomes subject to the licensing provisions of this article or within thirty (30) days after the expiration date of the prior licensing period, a penalty fee established by administrative order of the County Manager with the approval of the Board of County Commissioners shall be added to the cost of the license, to be collected by the Animal Control Division only. If a tag is lost or damaged, the owner may secure a duplicate by presenting a copy of the certificate of vaccination to the Animal Control Division and payment of a fee established by administrative order of the County Manager with the approval of the Board of County Commissioners.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 75-107, § 2, 11-18-75; Ord. No. 77-50, § 4, 7-19-77; Ord. No. 77-51, § 3, 7-19-77; Ord. No. 78-3, § 1, 1-3-78; Ord. No. 79-93, § 1, 11-6-79; Ord. No. 94-149, § 1, 7-14-94)

Sec. 5-10. Reserved.

Editor's note: Ord. No. 94-149, § 1, adopted July 14, 1994, repealed former § 5-10, relative to the responsibility of the owner for vaccination and tags, which derived from Ord. No. 72-93, adopted Dec. 5, 1972.

Sec. 5-11. Impounding; redeeming by owner; disposition of unredeemed dogs.

Any dog found without a current tag, or any dog found in violation of Section 5-4, 5-5 or 5-6 may be caught by an authorized member of the Animal Control Division, or anyone acting under its direction, and imprisoned and impounded at a place maintained or designated for that purpose. After a period of confinement of five (5) days, those dogs not claimed may be disposed of by adoption, through approved humane agencies, or otherwise in a humane manner; provided, however, that such dogs may not be disposed of to any medical school, college, university, person, association, corporation or individual for experimentation or vivisection purposes, or to any person, firm, corporation or individual providing, selling or supplying dogs to any medical school, college, university, person, association, corporation or individual for experimentation or vivisection purposes. Dogs shall be released to owners on presentation of proof of ownership and after proper inoculation, licensing, and payment of impounding fees and a redemption charge established by administrative order of the County Manager with the approval of the Board of County Commissioners. Subsequent redemption charges to the same owner within a twelve-month period from the first redemption shall be established by administrative order of the County Manager with the approval of the Board of County Commissioners. In addition to inoculation, licensing and impounding fees, the redemption charge to the owner of a female dog impounded while "in heat" for violation of Section 5-4, 5-5 or 5-6 shall be established by administrative order of the County Manager with the approval of the Board of County Commissioners. Adoption, inoculation, redemption, and impounding fees and charges shall be established by administrative order of the County Manager with the approval of the Board of County Commissioners.

(Ord. No. 72-93, § 1, 12-5-72; Ord. No. 79-93, § 2, 11-6-79)

Annotation-- CAO 83-8.

Sec. 5-11.1. Summary destruction of injured and diseased animals, impounded dogs and abandoned animals.

(a) Euthanasia of an injured or diseased domestic animal.

(1) The purpose of this section is to provide a swift and merciful means whereby domestic animals which are suffering from an incurable or untreatable condition or are imminently near death from injury or disease may be destroyed without unconscionable delay and in a humane and proficient manner.

(2) The term "officer" as used in this section means any law enforcement officer, any veterinary technician, any animal control officer or Chief, Animal Services Division.

(3) Whenever any domestic animal is so injured or diseased as to appear useless and is in a suffering condition, and it reasonably appears to an officer that such animal is imminently near death or cannot be cured or rendered fit for service and the officer has made a reasonable and concerted, but unsuccessful, effort to locate the owner, the owner's agent, or a veterinarian, then such officer, acting in good faith and upon reasonable belief, may immediately destroy such animal by shooting the animal or injecting it with a barbiturate drug. If the officer locates the owner or the owner's agent, he shall notify him/her of the animal's location and condition. If the officer locates only a veterinarian, the officer shall destroy the animal only upon the advice of the veterinarian.

This section does not prohibit an owner from destroying his/her own domestic animal in a humane and proficient manner when the conditions described in this section exist.

(4) No officer or veterinarian acting in good faith and with due care pursuant to this section will be liable either criminally or civilly for such act, nor will any civil or criminal liability attach to the employer of the officer or veterinarian.

(5) A court order is not necessary to carry out the provisions of this section.

(b) Euthanasia of dogs and cats. Any dog lawfully taken into the custody of the Animal Services Division pursuant to section 5-11, or any abandoned animal delivered to the Division, may be destroyed in a humane manner without regard to any minimum period of confinement when the following three (3) conditions are met:

(1) The animal does not bear a Miami-Dade County license tag or other evidence of its owner's identity.

(2) The animal is certified in writing by a Florida licensed veterinarian:

(i) To be suffering from, or afflicted with, any one (1) of the following named diseases or any other contagious, infectious or communicable disease which is proclaimed in a validly promulgated regulation of the County Manager to be of a dangerous and transmissible nature: canine or feline distemper, infectious canine hepatitis, leptospirosis, advanced mange, calici viral infection, rhinotracheitis, feline infectious anemia, or toxoplasmosis.

(ii) To be manifesting symptoms of debilitating pain and is certified to be suffering from disease, injury, or extreme neglect to such an extent that the animal is beyond reasonable hope of recovery. Certification in writing by a Florida licensed veterinarian shall be accomplished prior to the destruction of the dog or abandoned animal and shall include the date and time of examination and certification. All such certifications shall be public records open to the public inspection in accordance with law.

(3) The destruction of the animal is recommended in writing by the Chief of the Animal Services Division or the shelter manager.

(c) (1) Sodium pentobarbital, a sodium pentobarbital derivative, or other agent the Board of Veterinary Medicine may approve by rule, shall be the only methods used for euthanasia of dogs and cats by public or private agencies, animal shelters, or other facilities which are operated for the collection and care of stray, neglected, abandoned or unwanted animals. A lethal solution shall be used in the following order of preference:

(i) Intravenous injection by hypodermic needle.

(ii) Intraperitoneal injection by hypodermic needle.

(iii) Intracardial injection by hypodermic needle.

(iv) Solution or powder added to food.

(2) Succinylcholine chloride, curare, curariform mixtures, any substance which acts as a neuromuscular blocking agent, or a chamber which causes a change in body oxygen may not be used on a dog or cat for any purpose. However, whenever an emergency situation exists which requires the immediate euthanasia of an injured, diseased, or dangerous animal, a law enforcement officer, a veterinarian, or an agent of a local animal control unit or the designee of such an agent may humanely destroy the animal as provided in Section 5-11.1(a).

(3) Euthanasia shall be performed only by a licensed veterinarian or an employee or agent of a public or private agency, animal shelter, or other facility that is operated for the collection and care of stray, neglected, abandoned, or unwanted animals, provided the employee or agent has successfully completed a sixteen-hour euthanasia-technician certification course. The curriculum for such course must be approved by the Board of Veterinary Medicine and must include at a minimum the pharmacology, proper administration, and storage of euthanasia solutions; federal and state laws regulating the storage and accountability of euthanasia solutions; euthanasia technician stress management; and proper disposal of euthanized animals. An employee or agent performing euthanasia before October 1, 1993, must obtain certification by October 1, 1994. An employee or agent who begins performing euthanasia on or after October 1, 1993, must obtain certification before performing any euthanasia. However, a certified veterinarian technician who is an employee or agent as described above may perform euthanasia without completing the certification course required by this subsection. Euthanasia must be performed in a humane and proficient manner.

(d) The Director of the Animal Control Division, or his/her designee, is authorized to order the immediate, humane destruction of any animal within the Division's custody when the owner authorizes such destruction. The Animal Control Division shall maintain a written record of the names and addresses of persons delivering animals to the Division's custody and of persons authorizing the destruction of their animals. This record shall include a description of all such animals. Nothing herein shall prohibit the Animal Control Division from treating, or seeking treatment for, animals within the Division's custody.

(e) Penalties. Any person or organization found guilty of violating this section will be fined two hundred dollars ($200.00) for each offense.

(Ord. No. 78-70, § 1, 10-17-78; Ord. No. 79-4, § 1, 1-9-79; Ord. No. 79-107, § 1, 12-4-79; Ord. No. 94-121, § 1, 6-21-94)

Editor's note: Section 1 of Ord. No. 79-4, adopted Jan. 9, 1979, provides for incorporation of the recitations of the preamble of the ordinance as a portion of said ordinance. The recitations are as follows:

"WHEREAS, the Miami-Dade County Animal Control Division maintains an animal shelter where it houses animals that have been impounded pursuant to law; and

"WHEREAS, some impounded animals possess no evidence of ownership through which their owners may be notified regarding their whereabouts; and

"WHEREAS, the Animal Control Division shelters animals that have been delivered to its custody as animals that have been abandoned by their owners or have no owners; and

"WHEREAS, some of the animals that have been impounded by the Animal Control Division or delivered to the Division suffer greatly as the result of illness, injury, or neglect to such an extent that human compassion calls for their immediate humane dispatch, and some of the animals are infected with dangerous transmissible diseases; and

"WHEREAS, public necessity, human compassion, and the protection of the health, safety, and welfare of the people and animals of Miami-Dade County requires the enactment of the following ordinance,

"NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DATE COUNTY, FLORIDA:"

Sec. 5-11.2. Review of reports of missing animals; notification of owners prior to destruction by the Animal Control Division.

Prior to the destruction of any animal pursuant to Section 5-11 or 5-11.1 of this Code, the Director of the Animal Control Division or his designee shall review all missing-animal reports, if any, which have been filed with the Division during the fourteen-day period preceding the animal's proposed date of destruction.

(a) In the event such reviewer finds a pertinent missing-animal report filed regarding the animal, the Division Director or his designee shall notify the person(s) listed in the pertinent missing-animal report of the animal's impoundment by the Division and proposed destruction. If the animal is not claimed and redeemed by the person(s) entitled to custody of the animal within five (5) days of such notification, the Division may then proceed with the disposition or destruction of the animal in accordance with law.

(b) In the event such reviewer does not find a pertinent missing-animal report filed regrading the animal, the Division may proceed with the disposition or destruction of the animal in accordance with law.

(Ord. No. 79-106, § 1, 12-4-79)

Sec. 5-12. Dogs or other animals suspected of having rabies.

Any dog or other animal suspected of having rabies or any dog or other animal having bitten any person shall be impounded at the owner's expense at a place designated by the County Manager or Director of Public Health for that purpose, or placed in custody of a licensed veterinarian for ten (10) days. Any licensed and vaccinated dog or other animal having bitten any person may, at the discretion of the Director of Public Health or his representative, be impounded and quarantined at the owner's home for ten (10) days. Any dog bitten by a known rabid animal shall be placed under the surveillance of the Director of Public Health or his authorized representative.

(Ord. No. 72-93, § 1, 12-5-72)

Sec. 5-13. Report of animal bites.

It shall be the duty of every attending practitioner, licensed to practice medicine, osteopathic medicine, veterinary medicine or any other person knowing of or in attendance on a case to promptly report to the Department of Public Health every instance in which a person is bitten by a dog or other animal. Any dog or other animal reported to have bitten a person shall be captured alive, if possible, and shall be quarantined, at a place designated for that purpose, under observation for a period of ten (10) days. If the dog or other animal is killed or if it dies during the quarantine period, the head must be detached without mutilation and submitted to the local State Board of Health laboratory without delay.

(Ord. No. 72-93, § 1, 12-5-72)

Sec. 5-14. Racing greyhounds, and others, exempt.

The vaccination and licensing provisions of this article shall not apply to greyhounds kept, maintained or brought into the County for the purpose of racing at licensed greyhound tracks, or to dogs used as part of entertainment act when properly controlled, or when dogs remain in the County for a period of less than thirty (30) days.

(Ord. No. 72-93, § 1, 12-5-72)

Sec. 5-15. Enforcement; rules of County Manager.

The Animal Control Division shall be responsible for enforcing this article and the County Manager, in the manner provided by law, may promulgate rules and regulations incident to the proper administration, implementation and enforcement of the provisions of this article. Employees of the enforcing agency shall have the right to enter upon any public or private property in Miami-Dade County, except a building designated for and used for residential purposes, for the purpose of examining or capturing any dog thereon or therein.

(Ord. No. 72-93, § 1, 12-5-72)

Annotation-- AO of 3-20-84.

Sec. 5-15.1. Enforcement; hindering, resisting Animal Control Officers; penalties.

Any person who shall knowingly hinder, resist or oppose any officer or employee of the Animal Control Division in the performance of his duties under this article or knowingly interfere with any animal trap set by such officers or employees or molest or release any animal caught therein shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for a term not to exceed sixty (60) days or by both such fine and imprisonment, in the discretion of the court.

(Ord. No. 76-97, § 1, 11-2-76)

Sec. 5-16. Municipalities authorized to adopt additional regulations.

Any municipality may adopt and enforce additional regulations governing the control of dogs within the boundaries of such municipality; provided that any such municipal regulation shall not conflict with the provisions of this article, and that the costs of the enforcement of such additional municipal regulations shall be borne by the municipality.

(Ord. No. 72-93, § 1, 12-5-72)

Sec. 5-17. Legislative intent.

This article is intended to utilize the authority and powers of Miami-Dade County in order to secure for the citizens of this County the protection of their health, safety and welfare. It is intended to be applicable to dogs which are commonly referred to as "pit bulls" and which are defined herein. This article is designed to regulate these pit bull dogs and to ensure responsible handling by their owners through confinement, registration, and liability insurance. The unique history, nature and characteristics of pit bull dogs have been determined to require the special regulations and provisions contained within this article which the County Commission hereby finds reasonable and necessary.

(Ord. No. 89-22, § 2, 4-4-89)

Sec. 5-17.1. Definition and identification of a pit bull dog.

(a) The term "pit bull dog" as used within this article shall refer to any dog which exhibits those distinguishing characteristics which:

(1) Substantially conform to the standards established by the American Kennel Club for American Staffordshire Terriers or Staffordshire Bull Terriers; or

(2) Substantially conform to the standards established by the United Kennel Club for American Pit Bull Terriers.

(b) The Standards of the American Kennel Club and the United Kennel Club referred to in subsection (a) above, are attached hereto and incorporated herein by reference as "Exhibit A" and shall remain on file with the Animal Services Division of the Public Works Department of Miami-Dade County.

(c) Technical deficiencies in the dogs' conformance to the standards described in subsection (b) shall not be construed to indicate that the subject dog is not a "pit bull dog" under this article.

(d) Testimony by a veterinarian, zoologist, animal behaviorist, or animal control officer that a particular dog exhibits distinguishing physical characteristics of a pit bull shall establish a rebuttable presumption that the dog is a pit bull.

(Ord. No. 89-22, § 3, 4-4-89)

Sec. 5-17.2. Confinement of pit bull dogs.

(a) Because of the pit bull dog's inbred propensity to attack other animals, and because of the danger posed to humans and animals alike by a pit bull dog when running loose or while running together in a pack, pit bull dogs must at all times be securely confined indoors, or confined in a securely and totally enclosed and locked pen, with either a top or with all four (4) sides at least six (6) feet high, and with a conspicuous sign displaying the words "Dangerous Dog."

(b) At any time that a pit bull dog is not confined as required in subsection (a) above, the dog shall be muzzled in such a manner as to prevent it from biting or injuring any person or animal, and kept on a leash with the owner or custodian in attendance. Provided, however, that no pit bull dog may be walked within fifty (50) feet of any public school ground nor enter onto such school ground.

(c) An exception to these confinement requirements is hereby provided for any pit bull dog in attendance at, and participating in, any lawful dog show, contest or exhibition sponsored by a dog club, association, society or similar organization.

(d) An exception to these confinement requirements is hereby provided for any pit bull dog when the dog is actually engaged in the sport of hunting in an authorized area and supervised by a competent person.

(Ord. No. 89-22, § 4, 4-4-89)

Sec. 5-17.3. Evidence of financial responsibility required to be maintained by owners of pit bull dogs.

In order to protect the public and to afford relief from the severe harm and injury which is likely to result from a pit bull dog attack, every owner of a pit bull dog shall maintain and be able to provide evidence of the owner's financial ability to respond in damages up to and including the amount of fifty thousand dollars ($50,000.00) for bodily injury to or death of any person or damage to property which may result from the ownership, keeping or maintenance of such dog. Proof of ability to respond in damages shall be given by filing with the Animal Control Office a certificate of insurance from an insurance company authorized to do business in the State, stating that the owner is and will be insured against liability for such damages; or by posting with the Animal Control Office a surety bond conditioned upon the payment of such damages during the period of such registration; or by posting a personal bond secured by a mortgage in real property or security interest in personal property; or a sworn statement of the owner of his/her financial ability to respond in damages up to and including the amount of fifty thousand dollars ($50,000.00).

(Ord. No. 89-22, § 5, 4-4-89; Ord. No. 89-127, § 1, 12-19-89)

Note: See § 5-17.6(a) for the effective date of this section.

Sec. 5-17.4. Registration of pit bull dogs.

Every owner of a pit bull dog in Miami-Dade County shall register the dog with the Animal Services Division of the Public Works Department of the County. The registration shall include the following: Name, address and telephone number of the dog's owner; the address where the dog is harbored, if different from the owner's address; a complete identification of the dog including the dog's sex, color and any other distinguishing physical characteristics; a color photograph of the dog; a description of the method of compliance with the confinement requirements; proof of the liability insurance or other evidence of financial responsibility required pursuant to this article; and a registration fee.

(Ord. No. 89-22, § 6, 4-4-89)

Annotation-- AO 4-51A.

Sec. 5-17.5. Enforcement.

It shall be the duty and responsibility of all Miami-Dade County Animal Control Officers to enforce the provisions of this article.

(Ord. No. 89-22, § 7, 4-4-89)

Sec. 5-17.6. Time for compliance.

(a) All persons subject to this article shall have ninety (90) days from the effective date of this section [April 14, 1989] to comply with all confinement and registration and requirements. The provisions of Section 5-17.3, entitled "Liability Insurance or Other Evidence of Financial Responsibility Required to be Maintained by Owner of Pit Bull Dogs," shall be effective on January, 1, 1990.

(b) No pit bull dogs may be sold, purchased, obtained, brought into Miami-Dade County, or otherwise acquired by residents of Miami-Dade County anytime after the passage of ninety (90) days after the effective date of Ordinance Number 89-22. No such newly-acquired pit bull dogs may be kept, maintained, or otherwise harbored within Miami-Dade County, and each day any such newly-acquired pit bull is so kept, maintained, or harbored shall constitute a separate violation of this section.

(1) Violation of subsection (b) may result in the issuance of a civil violation notice, and

(2) Humane destruction of the pit bull dog by order of a court of competent jurisdiction. The County Manager or his designee may apply to the court for such order pursuant to this paragraph.

(c) Failure to register a pit bull dog as required by this article within the ninety-day grace period shall be prima facie evidence that the pit bull dog is a newly-acquired pit bull dog.

(Ord. No. 89-22, § 8, 4-4-89; Ord. No. 89-63, § 1, 7-11-89)

Sec. 5-17.7. Pit bull signs in veterinary offices, kennels, commercial breeders, commercial animal establishments, pet shops, and dog grooming businesses.

(1) Signs Required. Every veterinary office, kennel, commercial breeder, commercial animal establishment, pet shop, and dog grooming business must post a sign stating in English, Spanish and Creole the following:

BOTH PURE AND MIXED BREED PIT BULL DOGS ARE CLASSIFIED AS DANGEROUS. IT HAS BEEN ILLEGAL TO ACQUIRE A NEW PIT BULL DOG SINCE JANUARY 1, 1990. FAILURE TO REGISTER, MUZZLE, CONFINE, AND INSURE A PIT BULL IS A VIOLATION OF THE LAW SUBJECT TO SEVERE PENALTY. Section 5-17.1, Miami-Dade Code.

IF YOU OR YOUR FAMILY IS AT RISK BECAUSE SOMEONE LIVING NEAR YOU ILLEGALLY KEEPS A PIT BULL, CONTACT THE MIAMI-DADE COUNTY DANGEROUS DOG INVESTIGATOR AT [HERE INSERT CURRENT PHONE NUMBER PROVIDED BY MIAMI-DADE COUNTY].

The sign must be prominently displayed to the public and clearly legible.

(2) Penalties. Failure to post a sign as required by this section shall be a civil violation subject to a $500.00 civil penalty. Every day a sign is not posted shall be a separate violation.

(Ord. No. 99-159, § 1, 11-16-99)

Sec. 5-18. Reserved.

Editor's note: Section 5-18, relating to dogfighting, has been deleted as covered by F.S. § 828.122. The section was derived from Ord. No. 74-101, §§ 1--8, adopted December 17, 1974.

ARTICLE III. CATS*

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*Editor's note: Ord. No. 72-93, § 2, adopted Dec. 5, 1972, amended this Code by adding Art. III, §§ 5-19--5-23.

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Sec. 5-19. Definitions.

As used in this article, unless the context otherwise indicates:

(1) Owner shall be defined to include any person or persons, firms, corporations or associations owning, harboring, keeping or controlling a cat or cats within the County.

(2) Cat shall include both male and female.

(Ord. No. 72-93, § 2, 12-5-72)

Sec. 5-20. Vaccinations against rabies.

Every person who owns and harbors any cat over the age of four (4) months in the County shall have the cat vaccinated against rabies by a licensed veterinarian of his choice. Evidence of vaccination shall consist of an official County certificate prescribed for this purpose by the Department of Animal Services and signed by the licensed veterinarian administering the vaccine. The certificate in duplicate shall show the date and type of vaccination, the name and address of the owner, the year and serial number of the registration tag, if issued, the breed, age, color and sex and other pertinent data for proper identification of the cat. One (1) copy of the certificate shall be given to the owner and one (1) retained by the veterinarian administering the vaccine. However, no cat need be vaccinated for rabies where:

(1) A licensed veterinarian has examined the cat and certified that at such time vaccination would endanger the cat's health because of its age, infirmity, debility or other physiological consideration;

(2) Such certificate is presented to the enforcing agency within five (5) days of such examination; such certificate shall not be valid for more than twelve (12) months from date of issuance; and

(3) All cats shall be vaccinated with a modified live virus rabies vaccine (low egg passage vaccine is prohibited for cats) as approved by the United States Department of Agriculture and the Miami-Dade County Health Department.

(Ord. No. 72-93,§ 2, 12-5-72; Ord. No. 77-50, § 5, 7-19-77; Ord. No. 81-66, § 3, 6-2-81)

Sec. 5-20.1. Reserved.

Editor's note: Section 4 of Ord. No. 81-66, adopted June 2, 1981, repealed § 5-20.1, which required veterinarians vaccinating cats to register a report of same with the County. The repealed section derived from Ord. No. 77-50, § 6, adopted July 19, 1977.

Sec. 5-21. Voluntary registration of cats.

The County Manager is hereby authorized to establish a voluntary cat registration program. The Animal Control Division shall require, as a prerequisite to the issuance of a registration tag for any cat, satisfactory proof that such cat has been inoculated against rabies within three (3) months immediately prior to the application. The official certificate prescribed pursuant to Section 5-20 and signed by a veterinarian licensed to practice veterinary medicine and surgery in the United States, in private practice or in an approved public clinic, shall be accepted as conclusive evidence as to the fact and time of such inoculation, or a certificate of a qualified veterinarian certifying that inoculation for rabies would endanger the health of the particular cat, as provided by Section 5-20 of this chapter, may be accepted. Upon payment of the fee prescribed herein, a registration tag shall be issued to each cat owner for each cat, said tag to be worn at all times by the cat for which issued, unless the cat owner chooses to have the registration number tattooed on the inner thigh of the cat. A record of the name and address of the cat owner and a description of the cat, as well as the registration number assigned thereto, shall be maintained by the Animal Control Division on each cat registration, and such other information that the County Manager may deem proper. The registration fee shall be established by administrative order of the County Manager with the approval of the Board of County Commissioners. Registration shall be valid for the life of the cat. The fee may be reduced by one-half if a certificate of spaying or neutering is presented upon application for registration hereunder. There shall be a fee established by administrative order of the County Manager with the approval of the Board of County Commissioners for the duplication of a lost cat tag. Registration of cats shall be voluntary, and this section does not require a cat owner to purchase a tag as provided hereunder.

(Ord. No. 72-93, § 2, 12-5-72; Ord. No. 77-50, § 7, 7-19-77; Ord. No. 79-93, § 3, 11-6-79)

Sec. 5-22. Reserved.

Editor's note: Ord. No. 80-22, § 3, adopted March 18, 1980, repealed former § 5-22. Said former section provided for reports of sales of cats and was derived from Ord. No. 72-93, § 2, adopted Dec. 5, 1972.

Sec. 5-23. Exceptions.

The vaccination and licensing provisions of this article shall not apply when cats remain in the County for a period of less than thirty (30) days.

(Ord. No. 72-93, § 2, 12-5-72)

Sec. 5-24. Reserved.

Editor's note: Section 2 of Ord. No. 79-4, adopted Jan. 9, 1979, repealed Ord. No. 78-70, adopted Oct. 17, 1978; former § 5-24, providing for the humane destruction of sick and injured cats, was derived from § 2 of Ord. No. 78-70.

Sec. 5-25. Ferrets vaccination against rabies.

(a) Every person who owns, harbors, keeps, or controls any ferret over the age of four (4) months shall have such ferret vaccinated against rabies by a licensed veterinarian on a yearly basis. Evidence of vaccination shall consist of an official certificate prescribed for that purpose by the State of Florida Department of Agriculture and Consumer Services, and signed by the licensed veterinarian administering the vaccine. The certificate in triplicate shall show the date and type of vaccination, the name and address of the owner, and other pertinent data for proper identification of the ferret. One (1) copy of the certificate shall be given to the owner, one (1) shall be filed by the veterinarian with the Animal Care and Control Division, and one (1) shall be retained by the veterinarian. However, no ferret need be vaccinated for rabies where a licensed veterinarian has examined the ferret and certified that vaccination would endanger the ferret's health because of its age, infirmity, debility or other physiological condition, provided that the veterinarian presents such certificate to the Animal Care and Control Division within five (5) days of such examination or such certification. A veterinarian's certification of exemption shall state the period of exemption from the vaccination requirement, not to exceed twelve (12) months.

(b) All ferrets shall be vaccinated with a United States Government approved rabies vaccine effective for at least one (1) year and approved by the United States Department of Agriculture and the Miami-Dade County Health Department. All rabies vaccinations given to ferrets shall be considered valid for one (1) year only. Notwithstanding the provisions of this chapter, if the Director of the Miami-Dade County Public Health Department determines that a rabies emergency exists or is imminent, he or she shall have the power to require rabies vaccinations for ferrets for periods of less than twelve (12) months.

(c) No penalty shall apply for the violation of this section unless notice is issued to the responsible party for the failure to vaccinate the ferret and the responsible party fails to provide proof of vaccination within thirty (30) days of the issuance of the notice.

(d) Any person found to have violated this section shall be subject to a civil penalty as defined in Section 8CC of the Code.

(Ord. No. 01-74, § 5, 4-10-01)

Sarasota, Florida

Code of Ordinances of County of Sarasota County Florida

Chapter 14 ANIMALS*

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*Cross references: Environment and natural resources, ch. 54; health and sanitation, ch. 62; animals and fowl, app. A, ch. 2; OUA open use agricultural district, app. A, § S-2; animals and fowl, app. B, ch. 2.

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Article I. In General

Article II. Animal Control

Article III. Hunting and Fishing

ARTICLE I. IN GENERAL

Secs. 14-1--14-30. Reserved.

ARTICLE II. ANIMAL CONTROL*

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*Cross references: Animal control, app. A, § 2-16 et seq.

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Sec. 14-31. Findings of fact.

The Board of County Commissioners of Sarasota County, Florida, hereby makes the following findings of fact:

(1) F.S. § 828.27 authorizes the Board of County Commissioners to enact an Ordinance relating to Animal control and Cruelty.

(2) It is in the interest of the public health, safety and general welfare of the citizens of Sarasota County to enact this article.

(Ord. No. 95-042, § 1, 5-9-1994; Ord. No. 97-044, § 1(1), 6-17-1997)

Sec. 14-32. Title and scope.

This article may be cited as the "Sarasota County Animal Ordinance." The provisions of F.S. §§ 767.10--767.15, as the same were in effect on October 1, 1994 (hereinafter "the statute"), are hereby implemented as the law of Sarasota County and may be enforced by the Animal Services Director and Animal Services Officers of Sarasota County. In any instance where provisions of this article conflict with provisions of the statute, the statute controls. In an instance where provisions of this article are not in conflict with but are more stringent than the statute, this article controls.

(Ord. No. 95-042, § 2, 5-9-1994; Ord. No. 97-044, § 1(2), 6-17-1997)

Sec. 14-33. Applicability.

This article shall be applicable within the legal boundaries of Sarasota County, including all incorporated and unincorporated areas.

(Ord. No. 95-042, § 3, 5-9-1994; Ord. No. 97-044, § 1(3), 6-17-1997)

Sec. 14-34. Liberal construction.

This article shall be liberally construed in order to effectively carry out the purpose hereof.

(Ord. No. 95-042, § 4, 5-9-1994; Ord. No. 97-044, § 1(4), 6-17-1997)

Sec. 14-35. Definitions.

As used in this article the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise.

Abandonment means to give up possession of, to neglect, to forsake an Animal entirely or to refuse to provide or perform the legal obligations for the care and support of an Animal by its Owner or Owner's agent.

Animal means any dumb living creature.

Animal Services Director means the Director of Sarasota County Animal Services, who is authorized to administer and enforce the provisions of this article. The County Sheriff may designate an employee under his administration as Animal Services Director or, through mutual agreement, may designate a Sarasota County constitutional officer or his designee as Animal Services Director. Sarasota County Animal Services is the Animal control authority described in the statute.

Animal Services Officer means any Person employed or appointed by the Animal Services Director who is authorized to investigate, on public or private property, civil infractions or criminal infractions relating to Animal control or Cruelty and to issue Citations as provided in this article. The term includes the term "Animal Control Officer" as defined in the statute. An Animal Services Officer is not authorized to bear arms or make arrests.

At Large means off the premises of the Owner and not under the Direct Control, custody, charge, or possession of the Owner, Keeper, or Harborer. A police dog or police horse, as defined in Section 843.19, Florida Statutes, while in use by a law enforcement agency, shall not be deemed to be At Large.

Bite shall mean any cut, puncture or breakage of skin or tissue made with the teeth, fangs or claws of any animal where rabies could be transmitted.

Board means the Board of County Commissioners of Sarasota County.

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, or to appear in court if a court appearance is mandatory;

(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 neither pays the civil penalty nor contests the Citation within 30 days after issuance of the Citation, he shall be deemed to have waived his right to contest the Citation and that, in such case, the County Court shall enter a judgment against the Person in the amount of the Citation, plus court costs, recording fees, and all surcharges required by this article; and

(11) A conspicuous statement that if the Person is required to appear in court as mandated by Section 14-51(f), he does not have the option of paying a fine in lieu of appearing in court.

Civil Penalty shall mean a sum of money assessed as pecuniary for a violation of any provision of the Ordinance.

Confine or Confinement shall mean to humanely, safely and securely hold or restrict an Animal in a designated area.

County means Sarasota County, Florida.

County Health Officer means the Sarasota County Public Health Unit Director or his designee.

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

Dangerous Dog shall be defined in accordance with Section 767.11, Florida Statutes.

Designee means any Person designated by the Animal Services Director to act on behalf of such Director.

Department shall mean the Sarasota County Sheriff's Office Animal Services.

Direct Control shall mean immediate and continuous physical control of an Animal at all times such as by means of a fence, leash, cord, or chain of sufficient strength to restrain the Animal.

Dog means but expressly not limited to domestic dog, Canis familiaris, and any genetic hybridization thereof, including but expressly not limited to wolf hybrids and coyote hybrids, that is not under the jurisdiction of the Florida Fish and Wildlife Conservation Commission.

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

Exposure to Rabies shall mean an action whereby a potentially rabid Animal has bitten, scratched or put its saliva in contact with the mucous membrance or an open lesion of another animal or human being.

Fee shall mean money chargeable pursuant to this article that is not assessed as a pecuniary penalty for violation of this article.

Ferret shall mean any member of the domestic ferret species Mustela putorius furo regardless of age.

Humane manner or Humanely shall mean the responsible practice of good animal husbandry, management and care in regard to feeding, watering, ventilation, space and confinement, exercise, lighting, shelter with protection from the elements, handling and treatment in a manner consistent with the physical and behavioral needs of the species as more particularly described in the County's Animal care standards promulgated by the Department. The definition also includes the provision of euthanasia consistent with lawful practices.

Impound or Impoundment shall mean the taking of an Animal into custody through lawful means by the department.

Intact shall mean any Dog or cat that has not been spayed or neutered.

Keeper, Harborer, or Owner shall mean any Person who owns, possesses, or has custody or control, or gives shelter, fees, confines, boards, keeps, houses, or is in charge of, or tends any Animal, for a period of five or more days.

License Certificate means a Sarasota County License Certificate issued pursuant to this article.

License Tag means a Sarasota County License Tag issued pursuant to this article.

Licensed Veterinarian means any Person who is licensed to engage in the practice of veterinary medicine in Florida under the authority of Ch. 474, Florida Statutes.

Officer means any law enforcement Officer defined in Section 943.10, Florida Statutes, or any Animal Services Officer.

Official Certificate of Veterinary Inspection (Health Certificate) shall mean a legible certificate of veterinary inspection signed by the examining Veterinarian that shows the age, sex, breed, color and health record of the Dog or cat, the printed or typed name and addresses of the Persons or business from whom the Animal was obtained, the cosigner or seller, the consignee purchaser and the examining Veterinarian, and the Veterinarian's license number. It must list all vaccines and deworming medications administered to the Dog or cat, including the manufacturer, vaccine type, lot number, expiration date, and the date the examining Veterinarian warrants that, to the best of his or her knowledge, the Animal has no signs of contagious or infectious disease and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks.

Ordinance means any Ordinance enacted by the Board, relating to the control of or Cruelty to Animals, the violation of which is a civil infraction.

Owner release and surrender statement shall mean an animal release form or statement signed by the owner which relinquishes and vests all ownership and possessory rights to the County.

Person means any individual, partnership, firm, joint stock company, corporation, association, trust, society, estate, other legal entity or business unit owning, harboring an Animal, or with apparent control over an Animal.

Quarantine shall mean the strict, humane, confinement, isolation and observation of an Animal suspected of carrying or being infected with rabies or some other contagious disease or dangerous condition.

Rabies Vaccination shall mean inoculation with a United States Government approved vaccine for the prevention of rabies and administered by a licensed Veterinarian.

Registration shall mean filing a Registration Certificate for an animal with the Department informing them of ownership and for rabies tag purposes.

Registration Certificate shall mean a document evidencing registration and vaccination for rabies of a Dog, cat, or Ferret residing in the County which contains at a minimum the information required by Section 828.30, Florida Statutes.

Secure Enclosure means an enclosure which adequately prevents escape and unauthorized access such as:

(1) A building such as the Owner's dwelling; or

(2) A kennel which measures a minimum of four feet by eight feet, which does not share common fencing with the perimeter of the premises, and which consists of a top and sides made from at least 11 gauge chain link wire and secured to a concrete floor by embedding the wire in the concrete or by using galvanized or steel pipe and ties, and provides protection from the elements.

Severe injury shall mean any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery or as further defined in Section 767.11(3), Florida Statutes (2003).

Shelter shall mean provision of and access to a three dimensional structure having a roof, walls, and floor, which is dry, sanitary, clean, weatherproof and made of durable material. At a minimum the structure must: be sufficient in size to allow each sheltered Animal to stand up, turn around, lie down, and stretch comfortably; be designed to protect the sheltered Animal from the adverse effects of the elements and provide access to shade from direct sunlight and regress from exposure to inclement weather conditions; be free of standing water, accumulated waste and debris, protect the sheltered Animal from injury, and have adequate ventilation and for Dogs and cats, provide a solid surface, resting platform, pad, floret, or similar device that is large enough for the Animal to lie on in a normal manner; and be properly lighted to provide a regular lighting cycle of either natural or artificial light corresponding to the natural periods of daylight unless otherwise directed by a Veterinarian. Structures with wire, grid or slat floors which permit the Animal's feet to pass though openings, sag under the Animal's weight or which otherwise do not protect the Animal's feet or toes from injury are prohibited except for birds where perches are provided.

Sterilized shall mean rendered permanently incapable of reproduction such as by surgical or chemical means.

Sustenance shall mean access to and the provision of palatable nourishment appropriate for the type of Animal which is to eat it, free from contamination and provided in a clean and sanitary manner. Food shall be of sufficient nutritional value to maintain the Animal in good health and shall be provided at suitable intervals for the species, age and condition of the Animal but not less than once daily except as otherwise prescribed by a Veterinarian or as dictated by naturally occurring states of hibernation or fasting normal of the species.

Tattoo shall mean an indelible mark made on a designated part of the Animal's body for the purpose of identification and Registration.

Tether shall mean a rope, leash, or other means of constrain, which must be attached to the Animal by a properly applied collar, halter or harness and configured so as to protect the Animal from injury and prevent entanglement with other objects and/or Animals. The tether shall not extend over an object or edge in such manner that could result in the strangulation of or injury to the Animal. The length of the tether must be at least three times the length of the Animal measured from the nose to the base of its tail, unless the tether is being used to secure the Animal to the bed of an open vehicle.

Transfer shall mean to convey or shift ownership from one Person to another, with or without the exchange of money or other consideration.

Unjustifiable pain and suffering shall mean the character of an act which can not reasonably be excused, defended or vindicated (such as in connection with the practice of veterinary medicine, law enforcement activities, to end needless suffering, or in defense of person or other Animals).

Unprovoked means the victim, who has been conducting himself or herself peacefully and lawfully, has been bitten, chased in a menacing fashion, or attacked by an Animal.

Veterinarian shall mean an individual who is licensed to engage in the practice of veterinary medicine in Florida or is exempt from the state licensure requirements under the authority of Chapter 474, Florida Statutes, or who is licensed in the area in which the Veterinarian is practicing if outside of the State of Florida.

Water shall mean provision of and access to clean, fresh potable water of a drinkable temperature which is free from contamination and provided in a suitable manner, in sufficient volume, and at suitable intervals to at all times maintain normal hydration for the age, species, condition, size and types of each Animal except as otherwise prescribed by a Veterinarian. An Animal confined outdoors shall have a continuous supply of clean, fresh and potable water, unless the Animal is under the direct supervision of a responsible Person at events such as Dog and cat shows or field trials, in such cases, the responsible Person shall ensure sufficient Water is provided to the Animal in order to maintain normal hydration for the species of Animal.

(Ord. No. 95-042, § 5, 5-9-1994; Ord. No. 97-044, § 1(5), 6-17-1997; Ord. No. 99-020, § 2, 3-11-1999; Ord. No. 2004-111, § 2, 11-10-2004)

Sec. 14-36. Administration and enforcement.

(a) The Animal Services Director may employ Animal Services Officers to assist in the administration and enforcement of this article.

(b) It shall be unlawful and a violation of this article for any Person to interfere with, obstruct, resist or oppose any Officer while apprehending Animals or performing any other duties, as set forth in this article. It shall be unlawful and a violation of this article for any Person to take or attempt to take any Animal from any Officer or from any vehicle used by the Officer to transport any Animal or to take or attempt to take any Animal from a County Animal shelter without proper authority.

(c) For purposes of discharging the duties imposed by this article, including investigation of possible violation and for enforcing its provisions, an Officer, or the County Health Officer, is empowered to enter without authority of any court of competent jurisdiction upon any private property, not including any dwelling or structure or curtilage thereof, to demand that the Animal or, if applicable, the License Tag of such Animal be exhibited to said Officer, provided the Officer shall be empowered to enter into any curtilage of a dwelling or structure to investigate or impound any Animal known or suspected of biting or scratching any Person or any Animal infected with or showing suspicious symptoms of rabies, or for any other exigent circumstances which may affect the health, safety and welfare of the general public. The Animal Services Director and Officers shall be immune from prosecution for reasonable, good faith entry upon private property, as provided in F.S. § 810.12.

(d) The Animal Services Director and Animal Services Officers shall investigate complaints of alleged violations of this article.

(e) The Animal Services Director and Animal Services Officers may catch, seize, or pick up:

(1) Any Animal At Large;

(2) Any sick or injured Animal, including any Animal subject to Cruelty, in need of immediate medical attention;

(3) Any Animal infected with or suspected of carrying rabies or any other infectious disease;

(4) Any Vicious Animal not properly confined or restrained;

(5) Any Animal not properly quarantined;

(6) Any Animal creating a nuisance;

(7) Any female dog or cat in heat not properly confined;

(8) Any dog or cat not vaccinated against rabies;

(9) Any dog or cat not wearing a License Tag; and

(10) Any Animal otherwise in violation of this article.

(f) The Animal Services Director and Animal Services Officers shall impound any Animal caught, seized, or picked up pursuant to this article.

(g) It is a violation of this article for any Person to refuse or fail to surrender an Animal or the carcass of a dead Animal upon lawful demand by the Animal Services Director or an Animal Services Officer.

(h) The Animal Services Director or his/her Designee and Animal Services Officers shall keep, or cause to be kept, accurate and detailed records and accounts of funds relating to the administration and enforcement of this article.

(i) The Animal Services Director may declare an Animal to be a Vicious Animal, and shall order the Owner or Keeper to confine or restrain such Animal as required by this article. Animal Services Officers may inspect the premises of the Owner or Keeper of such Animal for compliance with the order of the Animal Services Director and the provisions of this article.

(Ord. No. 95-042, § 6, 5-9-1994; Ord. No. 97-044, § 1(6), 6-17-1997)

Cross references: Administration, ch. 2.

Sec. 14-37. Rabies vaccination of dogs and cats.

(a) All dogs, cats, and ferrets that are four months of age or older must be vaccinated for rabies in accordance with F.S. § 828.30, (1999), as may be amended. Dogs, cats, and ferrets shall be vaccinated annually for rabies. However, dogs and cats vaccinated by a veterinarian using a USDA-approved triennial vaccine are considered currently vaccinated for the entire three-year-period and will not be required to have an annual revaccination for the purpose of obtaining a rabies tag except that dogs and cats vaccinated at less than one year of age, must be revaccinated with a booster one year after the initial vaccination.

(1) Only veterinarians actively engaged in the practice of veterinary medicine, who are duly registered and licensed by the State of Florida, are hereby authorized to vaccinate dogs and cats against rabies;

a. In the event the vaccinating veterinarian does not practice in Florida, other verifiable evidence of a current rabies vaccination as deemed acceptable by the department may be substituted.

b. No person may directly or indirectly provide false information or otherwise mislead members of the public concerning the propriety or legality of administering vaccinations to dogs, cats, or ferrets for rabies by someone other than a veterinarian.

(2) Evidence of such vaccinations for a dog or cat shall consist of a current Sarasota County License Tag and a certificate of vaccination executed in triplicate, issued and signed by the veterinarian administering the vaccine.

(3) The certificate of vaccination shall state the date of vaccination and type of vaccine administered, the veterinarian who administered the vaccine, the name, address and telephone number of the Owner, the breed, age, sex, color and markings on the Animal and other pertinent facts for proper identification of the Animal. One copy of the certificate shall be given to the Owner and one retained by the veterinarian administering the vaccination and one returned to the Animal Services Section.

a. Proof of rabies vaccination in a form containing the information required by the registration certificate, shall be provided to the owner and the department by the vaccinating veterinarian. Upon request, such certificate shall be made available to any officer or representative of any enforcement agency.

b. A medical exemption from any vaccination requirement of this Ordinance may be granted by the department if the following requirements are satisfied:

1. A veterinarian examines the animal and certifies in writing that at the time of such examination, in his or her professional opinion, administering that vaccination would endanger the health or life of the animal. The veterinarian's certification must include the basis for his or her opinion (i.e. age, infirmity, disability, illness, or other injurious condition), the anticipated duration of this condition, and the date of administration for the last occurring series of vaccinations or a statement that this information was not available;

2. The animal is registered with the department by submitting the veterinarian's certification and completing any other required forms and paying the applicable fee within 30 days of the exam; and

3. The animal is securely and humanely confined.

(4) All vaccines used shall be a type approved by the State of Florida Division of Health.

(5) The cost of rabies vaccination shall be borne by the Owner of the Animal.

(b) No dog or cat shall require vaccination if:

(1) A Licensed Veterinarian has examined the Animal and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness or other medical consideration; and

(2) A certificate evidencing such exception is presented to Animal Services within five days of such examination.

Such exempt Animal shall be vaccinated against rabies as soon as its health permits, and then shall be licensed as required by this article.

(Ord. No. 95-042, § 7, 5-9-1994; Ord. No. 97-044, § 1(7), 6-17-1997; Ord. No. 2004-059, § 2, 6-9-2004)

Sec. 14-38. License Certificates and License Tags.

A. The Owner or Keeper of a Dog or cat four months of age or older in Sarasota County shall obtain a License Certificate and License Tag for such Dog or cat each year, which shall be valid for one year from date of issuance.

B. Owners choosing to vaccinate Animals with approved triennial rabies vaccine must purchase an annual Rabies License Certificate and License Tag. The fees for License Certificates and License Tags shall be established by the Board.

C. All Veterinarians participating in the County must, upon administering a rabies vaccination, inform the Owner that the Dog or cat is required to be registered with the Department annually and offer the Owner the option of purchasing a License Tag from the Veterinarian or the Department.

(1) A Veterinarian cannot charge more for the License Tag than is provided for by the Board and is responsible to the Department for all fees collected less any administrative or performance fee established by the Board. The Veterinarian must submit payment to the Department for each License Tag sold during the previous 30 days. Payment shall be made by check or money order made payable to the Board and is to include any other accounting information or documentation required by the Department.

(2) Veterinarians may elect to donate any applicable administrative fee for which they would otherwise be entitled to the Sarasota County Animal Medical Fund.

(3) The Department at its discretion may authorize other organizations, to sell License Tags to their customers or clients. To be authorized to sell License Tags, other organizations shall enter into a contract with the County.

D. It is a violation of this article for the Owner or Keeper of a dog or cat to refuse or fail to obtain a License Certificate or License Tag for the Dog or cat as required by this section. The lack of a License Tag on the collar or harness of Dogs or cats or the lack of approved license marking shall be deemed prima facie evidence that the Animal has not been licensed or vaccinated and of evidence of the violation of this article.

(1) Each Dog or cat shall be issued a License Tag or shall be marked or tagged by a method approved by the Animal Services Director. Such tag or mark shall have a license identification number which corresponds to the number on the License Certificate. The color and shape of the License Tag shall be changed each fiscal year. No other license identification tag or marks shall be valid under the provisions of this article. No license identification tags or marks issued for one Animal shall be valid for another Animal. It is a violation of this article for any Person to possess or use a stolen, counterfeit or forged certificate, tag, or other document required by or issued pursuant to this article.

(2) The License Tag shall be attached to the collar or harness of the Dog or cat and shall be worn at all times. This requirement shall not apply to any Dog actually engaged in the sport of hunting in authorized areas, at authorized times, and supervised by a competent Person, dogs used by State, County or municipal law enforcement agencies in the exercise of their duties, or Dogs used to work livestock in areas of Sarasota County designated as Green Belt areas.

(a) An Animal actively participating in a field trial, obedience trial, training exercise, conformation show and/or match or any other organized legal public competition, will not be required to wear its License Tag while participating in the activity. However, the handler must keep the License Tag on his or her person during the vent. Dogs or cats kept in an enclosure such as a kennel or cage are not required to wear tags. License Tags for such Animals shall be in the possession of the owner or the Person responsible for the Animal.

(b) Authorized shelter and approved government agencies shall be exempt from the provisions of this section.

(3) The Sarasota County License Certificate and License Tag or mark shall be issued by Animal Services, or any Licensed Veterinarian who enters into a written agreement with the County. The Board hereby authorizes the County Administrator or his designee to execute and administer such agreements on behalf of the County to collect the fee for the License Certificates and License Tags. Such certificates shall be executed in triplicate. A copy of the License Certificate shall be given to the Owner of the Animal, to the Animal Services Director and to the Veterinarian administering the inoculation. The copy retained by the Veterinarian shall be deemed to be the certificate of vaccination.

(4) The costs of each Sarasota County Animal License Certificate and License Tag and duplicate shall be set by resolution of the Board of County Commissioners.

(5) In the event of loss or destruction of the License Tag issued pursuant to this section, the Owner shall obtain a replacement tag and shall pay a fee set by resolution of the Board of County Commissioners.

(6) The licensing requirements of this article shall not apply to Dogs trained to assist or aid disabled or handicapped Persons; provided, however, such Dogs are vaccinated against rabies as provided herein, and are actually being used for the purpose of assisting or aiding such Person.

(a) There will be no tag fee assessed for service Animals.

(7) The registration and tag requirements of this article shall not apply to any Animal that will only remain in the County for a period of 90 days or less and for which the Department has been provided proof of domicile outside of the County, a current, valid certificate of Rabies Vaccination, and any applicable registration, required license, or permit required by the laws of the jurisdiction of domicile. This exemption is not intended to apply to those Animals that are born and raised in the County for possible distribution outside the County.

(a) The Owner of a newly acquired Dog or cat shall have 30 days to register the Animal and obtain a tag for the Dog or cat. The provision does not excuse the previous Owner from any applicable registration or License Tag requirements. The Person named as the Owner and the address as it appears on the Registration Certificate, shall be prima facie evidence of ownership and domicile of the Animal. The Department must be notified within 30 days of any change in ownership or any other change in the information contained in the Registration Certificate including the address or telephone number.

E. Within 14 days after a Dog has been classified as dangerous pursuant to the statute, the Owner of the Dog must obtain a Dangerous Dog certificate of registration from Animal Services. It is a violation of this article for the Owner or Keeper of a Dog classified as dangerous to refuse or fail to obtain a Dangerous Dog Certificate of Registration as required by this subsection. The certificate shall be renewed annually. Such certificates shall be issued only to Persons who are at least 18 years of age and who present to Animal Services sufficient evidence of:

(1) A current certificate of rabies vaccination for the Dog;

(2) A Secure Enclosure to confine a Dangerous Dog and the posting of the premises with a clearly visible warning sign at each entry point that informs both children and adults of the presence of a Dangerous Dog on the property; and

(3) Permanent identification of the Dog, such as a tattoo on the inside thigh or electronic implantation.

The Board of County Commissioners may impose by resolution an annual fee for the issuance of such Dangerous Dog certificates of registration.

(Ord. No. 95-042, § 8, 5-9-1994; Ord. No. 97-044, § 1(8), 6-17-1997; Ord. No. 2004-111, § 3, 11-10-2004)

Sec. 14-39. Public Nuisance Animals.

A. The term "Public Nuisance Animal" shall mean and includes, but is not limited to, any Animal that:

(1) Is repeatedly found At Large;

(2) Damages the property of anyone other than its Owner;

(3) Chases vehicles on the public right-of-way;

(4) Makes excessive disturbing noises, including but not limited to continued or repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to the neighbors or to others in close proximity to the premises where the Animal is kept or harbored.

(5) Is offensive or dangerous to the public health, safety or welfare by virtue of the number or types of Animals kept or harbored; or

(6) Attacks other Animals.

Notwithstanding the foregoing. Public Nuisance Animal does not include any Animal certified as a Vicious Animal pursuant to this Article.

B. It is a violation of this article to own, keep, harbor or allow an Animal to create a public nuisance. The Owner of any Public Nuisance Animal shall be in violation of this article, regardless of the knowledge, intent or culpability of the Owner.

(1) Upon investigation by an Animal Services Officer in identifying a Public Nuisances Animal the officer may demand to see all Animals upon the violator's property for the purposes of investigating a public nuisance related to any other Animals on the subject property.

(a) No companion Animal shall be allowed to unreasonably annoy humans, to endanger the life or health of other Animals or persons acting lawfully, or to substantially interfere with the rights of others thereby interfering with the reasonable use and enjoyment of property. It shall be prima facie evidence of nuisance if a companion Animal:

(1) Causes unsanitary, dangerous or offensive conditions, including the fouling of the air by offensive odor emanating from excessive excrement; or

(2) Creates a pest, parasite, or scavenger control problem, which is not effectively treated.

C. Upon receipt of an "Affidavit of Complaint," signed by 2 or more unrelated County residents, each residing in separate dwellings in the vicinity in which the alleged violation occurred, made under oath or affirmation before an individual authorized by law to take acknowledgements, setting forth the nature and the date of the act or acts, the Owner of the companion Animal, the address of the owner and the description of the companion Animal doing such act or acts, an Animal Services Officer shall conduct an investigation of the incident. In the discretion of the Department, other reliable evidence may replace one of the required affidavits.

(Ord. No. 95-042, § 9, 5-9-1994; Ord. No. 97-044, § 1(9), 6-17-1997; Ord. No. 2004-111, § 4, 11-10-2004)

Sec. 14-40. Vicious Animals.

A. The Animal Services Director or his designee may declare that an Animal is a Vicious Animal based upon any of the criteria listed:

(1) Any Animal with a propensity, tendency or disposition to attack, to cause injury to, or to otherwise endanger the health and safety of human beings or other domesticated Animals;

(2) Any Animal which attacks a human being or other Domestic Animal without adequate provocation;

(3) Any Animal which, without adequate provocation, exhibits aggressive behavior or creates a reasonable apprehension of immediate injury;

(4) Any Animal which, because of temperament, conditioning or training, has a known propensity to bite or otherwise exhibit aggressive behavior causing injury to human beings or domestic Animals or creating reasonable apprehension of immediate injury; and

(5) Any Dog defined and certified as a Dangerous Dog.

(a) The Animal Services Director or the Director's designee shall provide written notice to the Owner or Keeper of such Animal by mail or hand delivery. The written notice shall include the basis for declaring the Animal vicious, a description of the Animal, and the responsibility of the Owner or Keeper for maintenance of the Animal. The Owner or Keeper of an Animal declared vicious may request a hearing to show cause why such Animal should not be declared vicious. Such request shall be in writing and shall be made in accordance with subsection (h) of this section.

(b) Any Animal declared to be a Vicious Animal shall be confined in a Secure Enclosure on the premises of the Owner or Keeper of such Animal. No Vicious Animal shall be permitted or allowed off the premises of the Owner or Keeper unless such Animal:

1. Remains under the physical control of such Owner or Keeper.

2. Is subject to conditions established by the Animal Services Director.

(c) It is a violation of this article for the Owner or Keeper of a Vicious Animal to refuse or fail to confine or restrain such Animal as required by this Section.

(d) No Vicious Animal impounded pursuant to this article shall be released until:

1. The Owner or Keeper of such Vicious Animal presents proof to the Animal Services Director that the Animal will be confined as required by this section; and

2. The Owner or Keeper of such Vicious Animal executes an affidavit acknowledging that the Animal has been declared vicious, agreeing to Confine and restrain the Animal, and recognizing the County's right to ownership and custody of the Animal if it bites or injures a human or another Animal after being declared vicious.

(e) The Owner or Keeper of a Vicious Animal shall report in writing the name and address of the new Owner or Keeper to the Animal Services Director prior to transfer of ownership or custody of such Animal.

(f) The Owner or Keeper of a Vicious Animal shall report in writing or by telephone the death of such Animal to the Animal Services Director immediately. The death of such Animal shall be verified by a Licensed Veterinarian or an Animal Services Officer.

(g) The Owner or Keeper of a Vicious Animal, whether or not it has been declared vicious, who permits, allows or causes such Animal to run, stray or be uncontrolled or At Large in or upon public or private property shall be in violation of this article if such Vicious Animal bites, attacks or causes injury to any Person or Domestic Animal.

(h) Hearing procedures shall be as follows:

1. A request for a hearing pursuant to the statute and this article to review a determination or action of the Animal Services Director must be filed, in writing, with the Animal Services Director within seven calendar days after receipt of written notice of the Animal Services Director's determination or action. The written hearing request must briefly state the grounds therefor and list the names and addresses of any witnesses the Owner intends to call at the hearing. The Animal which is the subject of the determination or action must be confined in a Secure Enclosure pending resolution of the hearing.

2. Upon receipt of a written hearing request the Animal Services Director shall schedule an evidentiary hearing with a hearing Officer. The hearing shall be held as soon as possible but not more than 21 calendar days and no sooner than five calendar days after receipt of the request from the Owner. Written notice of the date, time and location of the hearing shall be delivered to the Owner no later than five business days prior to the hearing date.

3. Hearings pursuant to the statute seeking review of an action or determination of the Animal Services Director shall be heard by a hearing officer selected by the County Administrator.

4. All testimony presented at the hearing shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. At the hearing the Animal Services Director shall have the burden of proving, by a preponderance of the evidence presented, that the determination or action under review was justified and in accordance with the statute. Failure of the Owner to appear personally or through legal counsel at the hearing shall result in dismissal of the action and an order affirming the determination or action.

5. At the conclusion of the hearing, the hearing officer shall issue findings of fact, based on evidence of record, and conclusions of law in an order affording the proper relief. The order shall be filed with the Animal Services Director promptly after issuance and shall be deemed entered upon the date of said filing. A copy of the order shall be personally served on the Owner or on the Owner's legal counsel or mailed by certified mail, return receipt requested, to the Owner.

6. The order of the hearing officer shall be final, subject, however, to review in the County Court as provided in the statute. Such review by the County Court shall be in the nature of an appeal from administrative action and not a hearing de novo.

(i) The provisions of Chapter 767, Florida Statutes (2002), as may be amended, pertaining to Dangerous Dogs are adopted in their entirety as a part of this article. All procedures, regulations, requirements, and restrictions pertaining to Dangerous Dogs are applicable under this article, and a violation of the statute shall constitute a violation of this article. Each day the Owner of a Dangerous Dog fails to comply with the requirements of this Section or requirements of Section 767.12, Florida Statutes, as may be amended, shall constitute a separate and distinct offense.

1. If the Owner wishes to appeal the initial decision of the Department to a hearing master, he or she must file a written request with the Department Director for a hearing within 7 days from the date of receipt of the notice of intent to declare the Dog Dangerous. If requested, a hearing shall be held as soon as possible but not more than 21 calendar days and no sooner than 5 days after the department's receipt of the request.

2. After a Dog has been classified as dangerous or a Dangerous Dog classification is upheld on appeal, the Owner of the Dog must obtain a Registration Certificate from the Department within 14 days, and the Certification must be renewed annually. The Department will only issue a Registration Certificate and their renewals to individuals who are at least 18 years of age, pay the appropriate fee, and present sufficient evidence of the requirements provided for in Section 767.12, Florida Statutes. In addition, to those requirements, the Dog's Owner must:

a. Sterilize the Dog within 30 days of being Declared Dangerous; and

b. Have the Dog micro chipped and registered to the Owner at his or her current address.

3. The Department may provide notification to appropriate neighbors and the public advising them of the presence of a declared Dangerous Dog. Photographs of the Dog may be used in providing the public with internet access to Dangerous Dog information.

4. Any Person who owns, harbors, or otherwise provides custody for a Dangerous Dog shall be responsible for any damage or injury caused by that Dog, including, but not limited to, veterinary or medical bills or property damage.

(j) The Owner or Keeper of a vicious Animal, whether or not it has been declared vicious, who permits, allows or causes such Animal to run, stray or be uncontrolled or At Large in or upon public or private property shall be in violation of this article if such Vicious Animal bites, attacks or causes injury to any Person or Domestic Animal.

1. The Owner shall be responsible for payment of all boarding cost or other fees as may be required to humanely and safely keep the Dog during the pendency of any hearing or appeal procedure, as well as any and all investigative fees accrued by the department.

2. If the Owner files a timely written appeal according to Section 767.13, Florida Statutes, the Department may not destroy the Dog while the appeal is pending, except to prevent unnecessary suffering as determined by two Veterinarians.

(Ord. No. 95-042, § 10, 5-9-1994; Ord. No. 97-044, § 1(10), 6-17-1997; Ord. No. 2004-111, § 5, 11-10-2004)

Sec. 14-41. Dogs and cats running At Large.

(a) No Person shall cause, permit, or allow a Dog or cat to stray or in any manner to run At Large in or upon any public street, sidewalk, or other public property or the property of another, unless the Dog or cat is leashed.

(1) No Person shall under any circumstances Tether or otherwise Confine any Animal in a manner that is injurious to its health.

(b) This section shall not apply to any Dog actually engaged in the sport of hunting in authorized areas at authorized times and supervised by a competent Person, Dogs used by State, County or municipal law enforcement forces in the exercise of their duties, or Dogs used to work livestock in areas of Sarasota County designated Green Belt areas.

(c) Officers are authorized to impound any Dog or cat which is At Large and are authorized to enter onto private property for the purpose of capturing such Dog or cat for impoundment.

(d) In the case of a first offense of a Dog or cat running At Large, an Animal Services Officer is authorized to void or cancel a Citation issued to the Owner of an unaltered Dog or cat if the Owner provides evidence to the Officer that the Dog or cat is subsequently altered within ten business days from the date the Citation was issued.

(Ord. No. 95-042, § 11, 5-9-1994; Ord. No. 97-044, § 1(11), 6-17-1997; Ord. No. 2004-111, § 6, 11-10-2004)

Sec. 14-42. Impoundment and redemption.

(a) The Board is empowered and authorized to create, institute, construct, operate and maintain Animal control shelters or holding facilities at locations selected by the Board in order to provide adequate Animal service facilities for the entire County or arrange with private parties for the same.

(b) The Animal Services Director may engage the services of a Licensed Veterinarian to treat any sick or injured Animal, including any Animal subject to Cruelty, or any Animal infected with or suspected of carrying rabies, impounded pursuant to this article. The Owner or Keeper of such Animal shall be liable for payment of veterinary and impoundment expenses or reimbursement of the County's expenses in treating the Animal.

(d) Animal Services may catch, seize, humanely trap, or pick up and impound:

(1) Any Dog or cat At Large;

(2) Any Dog or cat not vaccinated or licensed as required herein;

(3) Any Animal which has bitten or scratched a Person or any Animal carrying or suspected of carrying rabies or other infectious or contagious diseases;

(4) Any sick, injured, abandoned or cruelly treated Animal for which the Owner cannot be found after reasonable effort to do so;

(5) Any Public Nuisance Animal;

(6) Any Vicious Animal;

(7) Any Animal not properly quarantined;

(8) Any female Dog or cat in heat not properly confined;

(9) Any Dog or cat not wearing a License Tag;

(10) Any other Animal authorized by this article to be impounded; or

(11) Any Animal otherwise in violation of this article.

(e) An Animal Services Officer shall attempt to identify and locate the Owner or Keeper of an Animal impounded pursuant to this article. If the Owner can be identified and located, the Animal Services Officer shall provide notice either in writing, by telephone, or in Person that the Animal has been impounded.

(f) Any Animal impounded pursuant to this article may be redeemed within five days of such notice or within seven days if such Animal is wearing a current Sarasota County License Tag. The period of redemption shall include the day of impoundment. The last day of such redemption shall occur on a day the County shelter or other holding facility is open for business.

(g) Any Animal impounded under the provisions of this article and not redeemed as provided for herein, or any Animal turned over to the custody of Animal Services by the Owner or Owner's agent, shall become the property of Sarasota County, Florida. The Animal Services Director shall humanely destroy such Animal, or place it in the custody of some Person, by gift or sale, deemed to be a responsible and suitable Owner, who will agree to comply with all provisions of this article. No live Animal impounded under provisions of this article may be given or sold to any Person for use in laboratory testing or experiments of any kind.

(h) No Animal impounded pursuant to this article shall be released until:

(1) The Owner or Keeper of an impounded dog or cat which is not vaccinated against rabies or which does not have a valid License Certificate or License Tag arranges for rabies vaccination and obtains a License Certificate and License Tag;

(2) The Owner or Keeper of an impounded Animal pays the fees for impoundment, board, feed, and any additional fees for rabies vaccination and a License Certificate and License Tag;

(3) The Owner or Keeper of an impounded Animal pays any expenses incurred by the County for veterinary treatment;

(4) The Owner or Keeper of an impounded Animal provides proof of ownership or custody, such as a License Certificate, sales receipt, affidavits of neighbors, photographs, or other documentary evidence;

(5) If a Vicious Animal is impounded, the Owner or Keeper of such Animal complies with the provisions of this article applicable to Vicious Animals; and

(6) If an Animal subject to Cruelty is impounded, an order may be issued pursuant to Section 828.073, Florida Statutes.

(i) The Department shall have the sole discretion to determine whether unregistered Animals may be redeemed by the Person claiming ownership in accordance with Department policy and completion of the following requirements:

(1) Proof of ownership must be provided and may be established by any or all of the following:

a. The Registration Certificate;

b. A bill of sale;

c. Photographs of the Animal in question;

d. Microchip or tattoo information;

e. Affidavits from neighbors;

f. Veterinary records;

g. Other reliable documentary or anecdotal evidence considered reliable by the Department; along with a sworn affirmed statement of ownership.

(j) The Owner of the impounded Animal must pay all assessed impound/service fees and applicable costs which may include but not be limited to, daily boarding costs, medical expenses, investigative costs, sterilization deposit and or fee, boarding fees and any related costs as applicable in order to redeem an animal. The impound/service fees, boarding costs, and sterilization deposit amounts, shall be established by the Board. Fees and costs shall be paid in full prior to release of the Animal.

(Ord. No. 95-042, § 12, 5-9-1994; Ord. No. 97-044, § 1(12), 6-17-1997; Ord. No. 2004-111, § 7, 11-10-2004)

Sec. 14-43. Quarantine of Animals.

(a) Any Person bitten or having knowledge of any Person bitten by any dog, cat or other Animal shall report the fact immediately to the County Health Officer and Animal Services. The County Health Officer shall notify, in writing, the Owner of the Animal alleged to have bitten a Person and the Person bitten or his guardian concerning the reported bite.

(b) The provisions of F.A.C. 10D-3.061--10D-3.087 and F.A.C. 10D-3.090--10D-3.093, as the same may be amended from time to time, are hereby adopted by reference in this article.

(c) It is a violation of this article for any Person to commit an act, or cause an act to be committed, in violation of F.A.C. 10D-3.061(2)--10D-3.087 or F.A.C. 10D-3.090--10D-3.093, as the same may be amended from time to time.

(d) If quarantine of a dog or cat cannot be maintained at the Owner's home or at another location pursuant to F.A.C. 10D-3.091(2), the dog or cat shall be quarantined at a County shelter or other approved holding facility. It is a violation of this article for the Owner of a dog or cat to refuse or fail to maintain the dog or cat under rabies quarantine as required by F.A.C. 10D-3.091(2), as the same may be amended from time to time.

(e) The fees established by the Board for impoundment and maintenance of Animals shall be applied to quarantined Animals. No Animal quarantined pursuant to this article shall be released until all such fees have been paid.

(f) Notwithstanding any other provision of this article to the contrary, a Vicious Animal which has bitten, attacked, or caused injury to any Person or Domestic Animal without provocation shall not be released but shall be humanely destroyed. Prior to the destruction of any such Vicious Animal, the Owner shall be notified of the imminent destruction of the Animal, and the basis thereof, by hand delivery or regular mail, to the Owner's last known address. The date of destruction shall be included in the notice, and such destruction shall not be earlier than the eighth business day following the mailing or hand delivery of such notice. Notice is prescribed by this article in order to give the Owner of such Animal time to seek review of such administrative action by a hearing officer as provided in Section 14-40.

(g) The Sarasota County Public Health Unit Director, as defined in F.A.C. 10D-3.061, shall keep, or cause to be kept, accurate and detailed records relating to reports and investigations of Animal bites.

(Ord. No. 95-042, § 13, 5-9-1994; Ord. No. 97-044, § 1(13), 6-17-1997)

Sec. 14-44. Cruelty to Animals prohibited.

(a) It is a violation of this article to commit an act or omission of Cruelty on any Animal, or cause any act of Cruelty to be committed on any Animal.

(b) Any Animal that is Confined must be provided appropriate care, sufficient quantities of good and wholesome food and Water on a daily basis, kept in sanitary conditions provided with sufficient room to stand up, turn around, and sit comfortably, proper air ventilation and quantity of air, and protection from the weather and from excessive exposure to fleas, ticks, other harmful insects and external parasites.

(1) Impounding or Confining an Animal without sufficient quantity of good and wholesome food and Water.

(2) Keeping an Animal in any enclosure without wholesome exercise and change of air.

(3) Abandoning to die any Animal that is maimed, sick, malformed, or diseased.

(4) Abandoning an Animal to suffer injury, malnutrition or illness without veterinary care.

(d) No vehicle owner, passenger or operator shall place or confine an Animal or allow it to be placed or confined or to remain in an unattended vehicle without sufficient ventilation or under conditions or for such a period of time as may reasonably be expected to endanger the health or well-being of such Animal due to heat, lack of water or such other circumstances as may be expected to cause suffering, disability or death.

(1) Any Animal Services Officer who finds an Animal in a vehicle in violation of this article may enter the vehicle by using the amount of force which is reasonably necessary to remove the Animal. The Officer is authorized to impound and dispose of such Animal in the manner provided for in this article.

(2) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purposes.

(e) Cruelty to Animals shall include, but not be limited to, the following:

(1) Producing, rearing, breeding, keeping, or releasing Animals, including pigeons, to be shot at either for amusement or a test of skill in marksmanship;

(2) Shooting at an Animal, including a pigeon, produced, reared, bred, kept, or released as described in subsection (e)(1) of this section; or

(3) Knowingly allowing land or premises under one's ownership or control to be used for either of the purposes described in subsections (e)(1) and (2) of this section.

This section shall not be construed to prohibit the taking of game in accordance with the regulations set forth in Ch. 372, Florida Statutes, and Florida Administrative Code, Title 39.

(Ord. No. 95-042, § 14, 5-9-1994; Ord. No. 97-044, § 1(14), 6-17-1997; Ord. No. 2004-111, § 8, 11-10-2004)

Sec. 14-45. Concealment of Animals prohibited.

No Person shall hold, hide, or conceal any Animal to which he does not have legal title, provided, however, that no Person shall be in violation of this section if he shall have reported his possession of such Animal to Animal Services within 48 hours after acquiring possession of such Animal.

(Ord. No. 95-042, § 15, 5-9-1994; Ord. No. 97-044, § 1(15), 6-17-1997)

Sec. 14-46. Transportation of Animals.

Any Animal being transported in the open bed of a pickup truck or other vehicle from which the Animal can easily escape shall be confined inside a locked Animal carrier or restrained upon a non-metal surface by a minimum of two tethers, each affixed to the opposite side of the truck or other vehicle and both attached to the collar or harness of such Animal. It is a violation of this article for the Owner or Keeper of an Animal or the driver of a pickup truck or other vehicle to refuse or fail to confine or restrain the Animal as required by this section.

(Ord. No. 95-042, § 16, 5-9-1994; Ord. No. 97-044, § 1(16), 6-17-1997)

Sec. 14-47. Female dogs and cats in heat.

The Owner of any female dog or cat in heat (estrus) is required to keep such Animal in one of the following enclosures: a building, veterinary hospital, boarding kennel or other Secure Enclosure, in such a manner that such female dog or cat cannot come in contact with a male dog or cat except for intentional breeding purposes. The failure to keep such Animal so enclosed shall be a violation of this article.

(Ord. No. 95-042, § 17, 5-9-1994; Ord. No. 97-044, § 1(17), 6-17-1997)

Sec. 14-48. Animals prohibited in parks, playgrounds, public school premises, public buildings and on beaches.

It shall be a violation of this article for any Person owning or having charge, custody or control of any animal to take or allow such Animal into or on any public beach, park, playground, public school premises or public building in Sarasota County, unless such Animal is a dog trained to assist or aid disabled individuals and is actually being used for the purpose of assisting or aiding such individual. Notwithstanding the foregoing, the Board from time to time may by resolution designate specific public beaches, parks, playgrounds, public school premises, or public buildings in Sarasota County where Animals are allowed. In the event the Board designates such areas where Animals are allowed, any Person who owns, harbors or has apparent control over an Animal shall immediately remove fecal matter that is deposited by said Animal upon those areas and dispose of same in a lawful manner.

(Ord. No. 95-042, § 18, 5-9-1994; Ord. No. 97-044, § 1(18), 6-17-1997; Ord. No. 98-057, § 1, 6-30-1998)

Cross references: Parks, recreation and public lands, ch. 90.

Sec. 14-49. Abandonment of Animals.

(a) It shall be a violation of this article for a Person to abandon or dispose of an Animal on the property of another or public property. It shall be a violation of this article [for a Person] to abandon an Animal in his former residence when relocating to a new residence.

(b) After posting a 24-hour notice of impoundment and no attempt by the Owner has been made to contact Animal Services, the Animal(s) shall be impounded by Animal Services.

(Ord. No. 95-042, § 19, 5-9-1994; Ord. No. 97-044, § 1(19), 6-17-1997)

Sec. 14-50. Disposition of dead Animals.

(a) Any dead Animal, upon request of the Owner of such Animal or the owner of the property where such Animal is found, shall be disposed of by Animal Services.

(b) The Board may establish, by resolution, fees to be charged for the disposal of dead Animals.

(Ord. No. 95-042, § 20, 5-9-1994; Ord. No. 97-044, § 1(20), 6-17-1997)

Cross references: Solid waste, ch. 106.

Sec. 14-51. Proceedings for violations.

(a) An Officer who has probable cause to believe that a Person has committed an act in violation of this article may issue a Citation to the Person.

(b) A Citation may be contested in the County Court.

(c) If a Person elects not to contest the Citation, he shall pay the applicable civil penalty to the Clerk of the County Court within 30 days after issuance of the Citation.

(d) If the Person elects to contest the Citation, he shall request a hearing through the Clerk of the County Court within 30 days after issuance of the Citation. The Clerk shall schedule a hearing in the County Court and shall provide written notice of the hearing to the Person and the Officer.

(e) If, within 30 days after issuance of the Citation, the Person neither pays the civil penalty nor contests the Citation, he shall be deemed to have waived his right to contest the Citation and, in such case, the County Court shall enter a judgment against the Person in the amount of the Citation, plus court costs, recording fees, and all surcharges required by this Ordinance. Additionally, the Court may issue an order to show cause upon the request of the County requiring such Person to appear before the Court to explain why action on the Citation has not been taken. The Court may hold in contempt any Person who is issued such order and fails to appear in response to the Court's directive.

(f) A Person who is issued a Citation pursuant to this article does not have the option of paying the fine and is required to appear in court if:

(1) The violation results in the unprovoked biting, attacking, or wounding of an individual or a Domestic Animal. In addition to or in lieu of a maximum civil penalty of $500.00, a Person whose Animal has bitten, attacked, or wounded a Person or a Domestic Animal may be found liable for restitution to the victim(s);

(2) The violation results in the destruction or loss of personal property;

(3) The violation is a second or subsequent violation by the Person of Section 14-44 regarding Cruelty to Animals; or

(4) The violation is a third or subsequent violation by the Person of the same portion of this article, whether or not it pertains to the same or different Animal(s).

The Animal Services Director shall maintain records to prove the number of Citations issued to a Person.

(g) Any Person who willfully refuses to sign and accept a Citation issued by an Officer shall be guilty of a misdemeanor of the second degree, punishable as provided by F.S. § 775.082, 775.083 or 775.084.

(Ord. No. 95-042, § 21, 5-9-1994; Ord. No. 97-044, § 1(21), 6-17-1997; Ord. No. 99-020, § 3, 3-11-1999)

Sec. 14-52. Penalties.

(a) Citation penalties.

(1) A violation of this article is a civil infraction.

(2) The maximum civil penalty for a civil infraction is $500.00.

(3) If a Person who has committed a civil infraction does not contest the Citation, the civil penalty shall be the amount established by the Board for the civil infraction.

(4) By resolution, the Board shall establish the amount of any civil penalty for a civil infraction.

(5) In addition to the civil penalties set by resolution of the Board, there is hereby imposed a surcharge of $5.00 upon each civil penalty imposed for violation of this article. Such surcharges shall be used to pay the costs of training for Animal Services Officers.

(6) All civil fines and penalties shall be deposited into the County general fund.

(7) In addition to or in lieu of a maximum civil penalty of $500.00, a Person whose Animal has bitten, attacked, or wounded a Person or a Domestic Animal may be found liable for restitution to the victim(s).

(b) Enforcement by other means. Violations of Section 14-44 may also be prosecuted in the same manner misdemeanors are prosecuted pursuant to F.S. § 125.69, punishable by a fine not to exceed $500.00 or by imprisonment in the County jail not to exceed 60 days or by both such fine and imprisonment. Each Animal produced, reared, bred, kept, released, or shot at in violation of Section 14-44(c) shall be deemed a separate offense.

(Ord. No. 95-042, § 22, 5-9-1994; Ord. No. 97-044, § 1(22), 6-17-1997)

Sec. 14-53. Animal Sale Health Requirements.

A. Before a Dog is offered for sale or transferred:

(1) It shall be a minimum of eight weeks old;

(2) It shall receive fecal exam, vaccines and anthelmintics against the following disease and internal parasites:

(a) Canine distemper; leptospirosis; bordetella; Para influenza; hepatitis; canine parvo; rabies, if the Dog is over four months old and the inoculation is administered by a Veterinarian; roundworm; hookworm and other internal parasites.

(b) The tests, vaccines, and anthelmintics must be administered prior to the Dog being offered for sale, unless a Veterinarian certifies on the official Health Certificate that to inoculate or de-worm the Dog is not in the best medical interest of the Dog.

(c) If the Dog is under four months of age the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one days before the sale. If the Dog is four months of age or older, the tests, vaccines, and anthelmintics must be administered at or after three months of age, but no more than one year before the sale. If the Dog is six months of age it will be tested for heartworms.

B. Before a cat is offered for sale or transferred:

(1) It shall be a minimum of eight weeks old.

(2) It shall receive fecal exam, vaccines and anthelmintics against the following disease and internal parasites:

(a) Panleukopenia, feline viral rhinotracheitis, calici virus, rabies if the cat is over four months of age and the inoculation is administered by a Veterinarian, hookworm, roundworms and other internal parasites.

(b) The tests, vaccines, and anthelmintics must be administered prior to the cat being offered for sale, unless a Veterinarian certifies on the official Health Certificate that to inoculate or de-worm the cat is not in the best medical interest of the cat.

(c) If the cat is under four months of age the tests, vaccines, and anthelmintics required by this section must be administered no more than twenty-one days before the sale. If the cat is four months of age or older, the tests, vaccines, and anthelmintics must be administered at or after three months of age, but no more than one year before the sale.

(3) Each cat must also be tested for feline leukemia and FIV before being offered for sale.

D. Each Dog and cat must be accompanied by a current Health Certificate at all times while being offered for sale. Copies of these certificates shall be held by the seller and the Veterinarian for a period of three years.

E. The examination of each Dog and cat by a Veterinarian must take place no more than thirty days before the sale.

F. The records of a pet dealer shall be open for inspection by an Animal Services Officer from the Department for compliance with this section of the code.

G. County-operated or City-operated animal service agencies and State of Florida registered nonprofit humane organizations are exempt from this section.

H. The retail seller of Dog, cat, or Ferret rabies vaccine shall advise the buyer of such vaccine that Florida law requires all Dogs, cats, and Ferrets that are 4 months of age or older be vaccinated in accordance with state law.

(Ord. No. 2004-111, § 9, 11-10-2004)

Sec. 14-54. Procedures for implementation.

The Board may, by resolution, establish such procedures and provisions as are necessary to implement this article.

(Ord. No. 95-042, § 24, 5-9-1994; Ord. No. 97-044, § 1(24), 6-17-1997; Ord. No. 2004-111, § 10, 11-10-2004)

Sec. 14-55. Continuing violations.

Each day or fraction thereof the violation continues shall be considered a separate violation.

(Ord. No. 95-042, § 25, 5-9-1994; Ord. No. 97-044, § 1(25), 6-17-1997; Ord. No. 2004-111, § 11, 11-10-2004)

Sec. 14-56. Court costs.

Court costs may be imposed as provided by law.

(Ord. No. 95-042, § 26, 5-9-1994; Ord. No. 97-044, § 1(26), 6-17-1997; Ord. No. 2004-111, § 12, 11-10-2004)

Sec. 14-57. Conflict with State law.

In the event of a conflict between the provisions of this article and F.S. § 828.27, as the same may be amended from time to time, the provisions of F.S. § 828.27 shall prevail.

(Ord. No. 95-042, § 27, 5-9-1994; Ord. No. 97-044, § 1(27), 6-17-1997; Ord. No. 2004-111, § 13, 11-10-2004)

Sec. 14-58. Repeal of article.

This article shall be automatically repealed on July 1, 2009, unless otherwise amended or ratified by the Board.

(Ord. No. 95-042, § 28, 5-9-1994; Ord. No. 97-044, § 1(28), 6-17-1997; Ord. No. 2004-059, § 2, 6-9-2004; Ord. No. 2004-111, § 14, 11-10-2004)

Sec. 14-59. Severability.

Should any section or provision of this article be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of this article as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. No. 95-042, § 29, 5-9-1994; Ord. No. 97-044, § 1(29), 6-17-1997; Ord. No. 2004-111, § 15, 11-10-2004)

Secs. 14-60--14-80. Reserved.

ARTICLE III. HUNTING AND FISHING

Sec. 14-81. [Possession of wild animals.]

(a) Possession of wild animals prohibited. No person shall have in his possession for sale or otherwise any wild animals unless same have been born and raised in captivity.

(b) Exceptions. This section shall not apply to possession of wild animals in connection with zoological, scientific and educational endeavors where the persons in possession are qualified by education or experience, or licensed by the State, to care for injured wildlife pursuant to applicable State statute.

(c) Penalty for violation. Any person who shall violate this section shall be deemed guilty of a misdemeanor and punished as provided by law.

(Ord. No. 73-022, §§ 1--3, 7-31-1973)

Sec. 14-82. [Shrimping.]

(a) Lawful to take shrimp in certain areas by certain means. It is lawful to take shrimp from the inside salt waters of the State which lie and are located between the west line of Range 16 East and the east line of Range 22 East, and between the north line of Township 26 South and the south line of Township 39 South, by the use of push nets and trawls, provided that no trawl shall be used for such purpose which shall exceed six feet in length and three feet in height, and equipped with at least two rollers which shall be of a diameter not less than six inches and which shall act to support the two outside ends of the trawl, or one roller extending continuously for the whole distance, which roller shall be of a diameter not less than six inches.

(b) Unlawful during certain dates. It is unlawful to take shrimp from the salt waters of the State, lying within the area described in subsection (a) of this section, by that means or device commonly known as a trawl, between August 1 and October 31 of any given year.

(c) Unlawful to ship in certain areas. It is unlawful to ship or transport by any means whatsoever any shrimp permitted to be taken by the provisions of this section, between the territorial limits of the area described and defined in subsection (a) of this section.

(d) Boat to be fitted with certain size propeller shoe. Any power-propelled boat used or employed in the taking of shrimp permitted by this section shall be fitted with an effective propeller shoe at least ten inches by 14 inches, adequate to prevent damage to the water bottom by propeller action.

(e) Penalty. Any person who shall violate the provisions of this section, or any of them, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished accordingly.

(Ord. No. 72-057, §§ 1--5, 10-10-1972)

Sec. 14-83. [Written consent of property owner required for placement of traps.]

(a) Steel traps illegal without landowner's consent. It is hereby made unlawful for any person to put out or place or cause to be put out anywhere in Sarasota County steel traps or other devices by which wild and domestic animals may be caught, hurt or injured without first having obtained from the owner of the property on which such traps or devices shall be placed the written consent therefor.

(b) Penalty. Any violation of the foregoing provisions of this section shall constitute a misdemeanor and be punishable as such.

(Ord. No. 72-058, §§ 1, 2, 10-10-1972)

Sec. 14-84. [Fees for trapping services provided by County.]

(a) Findings. The Board of County Commissioners commissioned the firm of David M. Griffith and Associates, Ltd., to conduct a cost/revenue study for various programs to determine whether revenue was being generated to support the level of service necessary for the administration of the respective programs. The study concluded the County is subsidizing individuals for a nonrequired service, a service rarely provided by County government, and recommended charging the full cost for this service.

(b) Fees. The Board of County Commissioners shall set by resolution fees to be collected from the citizens of the County who request a live animal trap, or trapping services, for the purpose of removing wild domestic cats or nuisance wildlife from, in, or around property owned, leased, or rented by persons requesting such service, and for removal of said trapped animals from traps owned or rented by the persons requesting such service.

(Ord. No. 88-132, §§ 1, 2, 11-15-1988)

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Miami-Dade County, Florida

Sarasota, Florida

Miami-Dade County, Florida CODE of MIAMI-DADE COUNTY, FLORIDA Codified through Ord. No. 05-53, enacted March 15, 2005. (Supplement No. 45)

ARTICLE I. IN GENERAL

ARTICLE II. DOGS*

ARTICLE III. CATS*

Sarasota, Florida Code of Ordinances of County of Sarasota County Florida

ARTICLE I. IN GENERAL

ARTICLE II. ANIMAL CONTROL*

ARTICLE III. HUNTING AND FISHING

Miami-Dade County, Florida

CODE of MIAMI-DADE COUNTY, FLORIDA Codified through Ord. No. 05-53, enacted March 15, 2005. (Supplement No. 45)

Sarasota, Florida

Code of Ordinances of County of Sarasota County Florida