ORDINANCE NO. 08-17 AN ORDINANCE OF THE CITY OF DEBARY, FLORIDA RELATED TO ANIMAL CONTROL AND ANIMAL CRUELTY; AMENDING CHAPTER 10, ARTICLE II OF THE CITY CODE TO MODIFY, CLARIFY, ADD, AND/OR STRENGTHEN CITY REGULATIONS RELATED TO, WITHOUT LIMITATION, ANIMAL CONTROL, ANIMAL CRUELTY, HUMANE TREATMENT, IMPOUNDMENT, CONFISCATION FOR MISTREATMENT OR NEGLECT, PENALTIES, PROCEDURES, ENFORCEMENT, DEFINITIONS, AND OTHER MATTERS; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City has previously adopted regulations governing animal control, treatment of animals, enforcement, and issues related thereto via Ordinances 04-96 and 05-13, which regulations are codified in the City Code, Chapter 10, Article II; and WHEREAS, in addition to modifying and clarifying its existing regulations, the City wishes to adopt new regulations prohibiting and penalizing acts of animal cruelty and providing for confiscation of animals that are subject to mistreatment or neglect, all in accordance with Chapter 828, Florida Statutes; and WHEREAS, the City finds that this Ordinance is in the interests of the public health, safety, and welfare. IT IS HEREBY ORDAINED BY THE CITY OF DEBARY AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. Amendment of City Code, Sec. 10-31. Chapter 10, Article II, Section 10-31 of the City Code is hereby amended as follows (words that are stricken out are deletions; words that are underlined are additions): Sec. 10-31. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, or under F.S. Chs. 767 and 828 if not defined by this section, except where the context clearly indicates a different meaning: Adult animal means any dog, cat, bird, snake or other domesticated animal over the age of six months. 1 of 9
Animal for the purpose of enforcement by animal control officers acting pursuant to this article shall means any animal including but not limited to dogs, cats, birds, snakes, or any other domesticated or non-domesticated animals. Animal control authority means any entity authorized by the city code and designated by the city council to enforce the animal control laws of the city or state, and if no animal control authority has been designated by the city council, the term refers to the city. Animal control board means the DeBary Special Master. Animal control officer means any individual employed, contracted with, designated, or appointed by the city council or city manager for the purpose of aiding in the enforcement of this article or any other law or ordinance relating to the licensure of animals, control of animals, animal cruelty, or seizure and impoundment of animals, and includes any state or local law enforcement officer, including law enforcement officers from other jurisdictions when acting in accordance with a mutual aid agreement approved by the city, or any other employee whose duties in whole or in part include assignments that involve the foregoing. Animal exposed to rabies means any animal bitten by or that has associated with any animal determined by the county health officer or the animal control officer to be infected with rabies. Animal quarters means the premises and all buildings, pens, yards and their appurtenances used for the keeping of dogs and cats. Approved standard means the standard by which a dog is judged for conformation by the appropriate national or international breeders' organization. At large shall mean any animal not under restraint (whether licensed or unlicensed) and off the premises of the owner. Canine hobby breeder means a person other than a pet dealer who breeds a single breed of dog to conform to an approved standard of competition. The owner of a hobby breeder facility must be in good standing and have registration privileges intact with the appropriate national animal registry. The owner must have three years' documented experience in show clubs and participation in show trials. Cruelty means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal. Dangerous dog shall be defined by F.S. ch. 767. Dog under restraint shall mean any canine secured by a leash, chain, rope, tether or cable and trolley; securely and humanely confined within a vehicle, parked or in motion; caged or 2 of 9
tethered in the open bed of a pickup truck; or confined within a house, building, fence, crate, pen or other enclosure. Exotic animal shall mean any species of animal not indigenous to the State of Florida. Ownership and possession of such animals shall be prohibited unless it is in compliance with F.S. 372.65. A violation of this section shall be punishable in accordance with F.S. 372.65. Hobby breeder facility means kennels operated by a canine hobby breeder that conform to the standards set out in this article under section 10-54. Impounding or holding facility means any one or combination of a pet shop, kennel, cattery or humane society facility or any facility or place the county or city may so designate. Licensed veterinarians means all veterinarians actively engaged in the practice of that profession in the state, who are duly registered and licensed as such by the state, and who are authorized to vaccinate dogs and cats against rabies and to execute certificates of vaccination. Owner means any person possessing, harboring, keeping or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that person's parent or guardian. Pet dealer means any person who in the ordinary course of business engages in the sale of more than two litters, or 20 dogs or 20 cats, per year, whichever is greater, to the public. Such definition includes breeders of animals who sell such animals directly to a consumer. Proper enclosure of a dangerous dog, while on the owner's property, means 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. A dangerous dog warning sign shall be posted on such pen or enclosure. Public nuisance animal means any animal to which any of the following conditions apply: (1) Animals found at large more than twice in a calendar year; (2) An animal that damages the property of anyone other than its owner; (3) Animals that are dangerous animals; (4) Animals that cause unsanitary conditions of enclosures or surroundings as determined by the county health officer; (5) Animals that are diseased animals dangerous to human health; (6) Animals or birds which cause excessive or prolonged and disturbing noises interfering with the peace and quietude of the neighboring property, providing a neighbor wishing to lodge a complaint for the purpose of enforcement of this code has filed a sworn statement with either the animal control officer or the police department describing the disturbance; (7) Animals that have been determined to be strays; or 3 of 9
(8) Is a female animal that is not confined within a building, structure, cage or not under restraint during her estrous cycle. Severe injury means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. Stray (used as a noun) means any unlicensed and unattended animal. Unprovoked means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. SECTION 2. Amendment of City Code, Sec. 10-32. Chapter 10, Article II, Section 10-32 of the City Code is hereby amended as follows (words that are stricken out are deletions; words that are underlined are additions): Sec. 10-32. - PenaltyCivil Infraction. (1) Any violation of this article is a civil infraction which carries a maximum civil penalty not to exceed $500.00. If a person who has committed such a civil infraction does not contest a citation issued to him or her, the civil penalty shall be less than the maximum civil penalty. (2) A citation for a civil infraction under this section may be issued upon probable cause to believe that a violation of this article has occurred. Such citation may be contested in county court. (3) Court appearance shall be mandatory for any aggravated violation resulting in the unprovoked biting, attacking, or wounding of a domestic animal; violations resulting in the destruction or loss of personal property; second or subsequent violations of section 10-56 or 10-57; and violations resulting in the issuance of a third citation to a person under this article. (4) If a person fails to pay the civil penalty or fails to appear in court to contest the citation, the court may issue an order to show cause upon the request of the city manager or his or her designee. This order shall require such a person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, that person may be held in contempt of court. (5) Written notice of a citation must be provided to the violator and shall include: (a) The date and time of issuance; (b) The name and address of the person; (c) The date and time the civil infraction was committed; 4 of 9
(d) The facts constituting probable cause; (e) The city code section(s) violated; (f) The name and authority of the person issuing the citation; (g) The procedure for the person to follow in order to pay the civil penalty, to contest the citation, or to appear in court; (h) The applicable civil penalty if the person elects to contest the citation; (i) The applicable civil penalty if the person elects not to contest the citation. (j) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty and may also include costs and expenses accrued by the City in enforcing this article. (k) A conspicuous statement that if the person is required to appear in court under subsection (3), he or she does not have the option of paying a fine in lieu of appearing in court. (6) Any person who willfully refuses to sign and accept a citation issued under this article is guilty of a misdemeanor of the second degree, punishable as provided in F.S. 775.082 or 775.083. (7) Any fines, costs, or expenses imposed on the owner of an animal by operation of this article which remain unpaid as of the time of judicial handling shall be ordered paid as a part of the court's disposition. The city also may seek payment of any outstanding fines, costs, or expenses as restitution in any companion or related criminal prosecution. In the event of a violation of F.S. ch. 767 or F.S. 828.29, the owner shall be subject to applicable criminal penalties in addition to any civil penalties. Further, nothing herein shall relieve the owner of civil liability for injuries or damages which result from actions or inactions that are violations of the provisions herein. (8) Any person found by a court to have committed a civil infraction under this article shall be liable to the City for all costs and expenses, including but not limited to attorneys fees, accrued by the City in relation to such civil infraction, unless otherwise provided by law or this city code. (9) The penalties and procedures provided under this section are non-exclusive, and the City may in its discretion pursue any other means of enforcement, penalties, and remedies as may be available under this city code or any other law. 5 of 9
SECTION 3. Amendment of City Code, Sec. 10-34. Chapter 10, Article II, Section 10-34 of the City Code is hereby amended as follows (words that are stricken out are deletions; words that are underlined are additions): Sec. 10-34. Animal control officers; certification. (a) Animal control officers authority. The authority and primary responsibility for enforcement of this article and the animal control laws of the state is hereby delegated to the entity designated by the city council, and each animal control officer who is certified according to the laws of the state. Each animal control officer so certified shall have complete police and law enforcement power to enforce this article and the provisions of state law, rules and regulations relating to animal control.animal control officers employed by, contracted with, or designated by the City to enforce this article shall be certified by the Florida Animal Control Association or some other state-approved program and as may otherwise be provided by law. However, failure to obtain or maintain certification shall not affect the validity of any enforcement action taken under this article, unless otherwise provided by law. (b) Definition. For purposes of this section, the term "animal control officer" means any individual employed, contracted with or appointed by the animal control authority for the purpose of aiding in the enforcement of this article or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. SECTION 4. Amendment of City Code, Sec. 10-37. Chapter 10, Article II, Section 10-37 of the City Code is hereby amended as follows (words that are stricken out are deletions; words that are underlined are additions): Sec. 10-37. - Methods of enforcement; investigations; public nuisance, complaint against owner. (a) It shall be unlawful and prohibited for animal(s) to be a public nuisance. (b) When an animal has been determined by the animal control officer to be a public nuisance, or in violation of this chapter of the code, the animal control officer or law enforcement agency may: issue a notice of violation to the owner who is in violation of this chapter. The notice of violation shall: (1) Issue a notice of violation to the person who is in violation of this article. Such notice of violation shall state the date and time of the issuance of the notice, the name and address of the person in violation, the date of the offense, the nature of the offense committed, a description of the animal involved, and a demand that the offense be abated within 24 hours after the time period stated on the issuance of the notice. If the person shall fail to abate the 6 of 9
offense, then the animal control officer may issue a citation to the person in accordance with section 10-32; and/or (2) Impound the animal involved. Such animal may be redeemed as provided in subsection 10-36(b) unless said animal is impounded pursuant to subsection 10-36(a)(3); and/or (3) Issue a citation to the person who is in violation of this article in accordance with section 10-32. Such a citation may be contested in the proper county court. If a person fails to pay the civil penalty or fails to appear in court to contest the citation, the court may issue an order to show cause upon the request of the city manager or his or her designee. This order shall require such a person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive, that person may be held in contempt of court. (c) Certain aggravated violations of this article which result in the unprovoked biting, attacking or wounding of a human being or domestic animal; violations resulting in the destruction or loss of personal property; second or subsequent violations of local animal cruelty laws; or violations resulting in the issuance of a third or subsequent citation to a person will require a mandatory court appearance. (d)(c) Investigations. The animal control officer may request require the owners of an animal to exhibit the animal, and, if applicable, the license of such animal. (1) It shall be the duty of the animal control officer to keep the following records: a. Accurate and detailed records of the licensing, impoundment and disposition of all animals coming into his or her custody; b. Accurate and detailed records of all reported bite cases and investigations; c. Accurate and detailed records on all money collected and expended in the operation of the functions of his or her office; and d. Accurate records of all rabies certificates. (2) All records required by this section shall be subject to inspection by the city. SECTION 5. Amendment of City Code, Sec. 10-57. Chapter 10, Article II of the City Code is hereby amended to add a new Section 10-57, as follows (words that are stricken out are deletions; words that are underlined are additions): Sec. 10-57. Cruelty to animals. 7 of 9
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty in violation of this section. (2) A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal cruelty in violation of this section. (3) A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an animal may be charged with a separate offense for each such act. A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon. SECTION 6. Amendment of City Code, Sec. 10-58. Chapter 10, Article II of the City Code is hereby amended to add a new Section 10-58, as follows (words that are stricken out are deletions; words that are underlined are additions): Sec. 10-58. Confiscation of neglected or mistreated animals. (1) Florida Statute 828.073, as may be amended from time to time, is hereby adopted and incorporated into this code by reference. Any law enforcement officer, animal control officer, or other agent of the city authorized to enforce this article who has probable cause to believe that a violation of section 10-56 or section 10-57 of this code has occurred or is occurring may take such actions as authorized by F.S. 828.073. (2) This section does not preclude a law enforcement officer, animal control officer, or other city agent from enforcing this article by any other available means under this city code and/or other law. SECTION 7. Codification. This Ordinance shall be incorporated into the DeBary City Code. Any section, paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance or the City Code may be freely made. SECTION 8. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 9. Conflicts. In the event of a conflict or conflicts between this Ordinance and any 8 of 9
other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 10. Effective date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Debary, Florida. FIRST READING:, 2017 SECOND READING:, 2017 ADOPTED this day of, 2017, by the City Council of the City of Debary, Florida. CITY COUNCIL CITY OF DEBARY ATTEST: Warren Graham, City Clerk Bob Garcia, Mayor/Commissioner 9 of 9