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O-51-C e , . CODE ORDINANCES ORDINANCE NO. 51-C N~ 117 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA. PROVIDING FOR THE LICENSING OF DOGS WITHIN THE CITY: REQUIRING OWNER OF DOGS TO KEEP THE SAME UNDER THEIR CONTROL: PROVIDING FOR THE IMPOUNDMENT OF UNLICENSED AND/OR UNCONTROLLED DOGS, PROVIDING RABIES PROTECTION PROCEDURE: PROVIDING PENALTIES FOR VIOLATION HEREOF: PROVIDING AN~EEFECIIVEaDATE. THE CITY COUNCIL OF THE CITY OF CLERMONT. FLORIDA. HEREBY ORDAINS THAT: 1. This Ordinance shall be known as the CLERMONT DOG CONTROL LAW. ¡I The following are the definitions for the terms as used in this Ordinance: ANIMAL SHELTER: Any premises designated by action of the city for the purpose of impounding and caring for all animals found running at large in violation of this article. ANIMAL WELFARE OFFICER: The person or persons employed by the city as its enforcement officer or officers. AT LARGE: Any dog shall be deemed to be at large when he is off the property of his owner and not under control of a competent person. EXPOSED TO RABIES: A dog has been exposed to rabies within the meaning of this article if it has been bitten by or been in direct contact with any animal known to have been infected with rabies. KENNEL: Any person. group of persons or corporations engaged in the commercial business of breeding, buying. selling or boarding dogs. OWNER: Any person, a group of persons or corporation owning, keeping or harboring a dog or dogs. RESTRAINT: A dog is under restraint within the meaning of this law if he is controlled by a leash. under control of a competent person. (that is. within the sight and voice range of such person and obedient to that person's command). on or within a vehicle being driven or parked on the streets or within the prpperty limits of its owner or keeper or unless on property other than that of its owner with the express or implied consent of the owner of such property. SPAYED FEMALE: Any bitch which has been operted, upon for removal of ovaries or gonads to prevent conception and "heat" manifestations. III ENFORCEMENT OF ARTICLE. The provisions of this article shall be enforced by that person or persons or agency and authorized personnel thereof designated from time to time by the city I V . PENALTY FOR VIOLATION OF ARTICLE. '. . CODE ORDINANCES ORDINANCE NO. 51-C N~ 118 Any person violating any of the provision of this article, upon conviction thereof shall be punished by a fine of not exceeding fifty dollars ($50.00) or by imprisonment for a term not excèeding five (5) days, or both fine and imprisonment. Each day upon which the violation shall occur or continue shall constitute a separate offense. V. LICENSE - GENERALLY. (a) Required: application; prerequisites to issuance. No person shall own, keep or harbor any dog within the city limits unless such dog is licensed as herein provided. Written application for such license shall be made to the city tax collector or such agents as shall be designated by the city council and shall state the name and address of the owner and the name, breed, color, age and sex of the dog. The license fee shall be paid at the time of making application, a number receipt given to the applicant, and a numbered tag shall be issued to the owner. No license shall be issued unless the dog for which the license is to be issued has been vaccinated against rabies by a licensed veterinarian practicing in the county with~ln one (1) year of the date of application. (b) Fee. The yearly license fee shall be two and 50/100 dollars ~$2.50) for each dog over the age of four (4) months. (c) Kennel fee. Every person, group of persons or corporation engaged in the commercial business of buying, selling, breeding or boarding and who owns, harbors or keeps five (5) or more dogs in a kennel shall pay an anual city occupation license fee; provided, however, that any person operating such kennel may elect to license individual dogs as provided in subsection (b) of this section. (d) Term: renewal. All dog licenses shall be issued for one (1) year beginning with the first day of January. Applications for licenses may be made prior to April first after the start of the licensing year without penalty. (e) Transferability. If there is a change in ownership of a dog or kennel during the license year, the new owner may have the current license transferred to his name upon application to the City Tax Collector or other agent. (f) shall use dog. Use of receipt or tag issued for another dog. No persons for any dog a license receipt or license tag issued for another VI SAME - TAGS, SPECIFICATIONS: FASTENING TO COLLAR OR HARNESS. (a) be issued for whi ch from yea r Upon complying with the provisions of Section to the owner a numbered tag, stamped with the issued. The shape, color, design of such tag to year. The tag may include owner's name. V, there shall number and the year may be changed (b) Every owner is required to see that the tag is securely fastened to the dog's choke chain, collar or harness which must be worn by the dog at all times unless the dog accompanied by owner is engaged in hunting or other sport where a collar might endanger the dog's safety. . . CODE ORDINANCES ORDINANCE NO 51-C N~ 119 VII KEEPING DOG UNDER RESTRAINT. The owner shall keep his dog under restraint at all times and shall not permit such 'dog to be a large off the premises or property of the owner unless under the control of a competent person or under the provision of Section VI (b) herein above. VIII IMPOUNDMENT - GENERALLY. (a) Length of confinement; disposal of unclaimed dogs ,and cats. Vnlicensed dogs, or dogs found running at large shall be taken by the animal welfare officer and impounded in the shelte~ designated as the city animal shelter and there confined in a humane manner for a period of not less than five (5) days and may thereafter be disposed of in a humane manner if not sooner claimed by their owners. Dogs and cats not claimed by their owners before the expiration of five (5) days may be disposed of at the discretion of such authority, except as hereinafter provided in the cases of certain dogs and cats. (b) Transfer to humane society of title to animal. The animal welfare officer may, at his discretion, transfer title of all animals held by it at its animal shelter to the humane society after the legal detention period has expired and the animal has not been claimed by its owner. (c) Alternative procedure when owner of dog running at large is known. When dogs are found running at large and their ownership is known to the animal welfare officer, and if such dogs'cannot be impounded, t the animal welfare officer may cite the dog owners of such dogs to appear in court to answer to charges of violation of this article. (d) N9tice to owner. Immediately upon impounding dogs or other animals, the animal welfare officer shall make every reasonable effort to notify the owners of such dogs or other animals so impounded and inform such owners of the conditions whereby they may regain custody of such animals. (e) Animals other than dogs and cats. Animals other than dogs and cats shall be impounded when found running at large within the city limits and disposed of in accordance with the law. I X . (a) The owner shall be entitled to resume possession of any impounded dog, except as hereinafter provided in the cases of certain dogs, upon compliance with the license provisions in Section V and the payment if impoundment fees set forth herein. Proof of ownership must be given. r~Q6f of ownership may include a license receipt, affidavits of neighbors, a photograph, et cetera. (b) Any other animal impounded under the provisions of this article may be reclaimed by the owner upon the payment of impoundment fees set forth herein. '. . CODE ORDINANCES N~ 120 ORDINANCE NO. 51-C (c) Any animal impounded 'under the provisions of this article and not reclaimed by its owner within five (5) days may be humanely destroyed or placed in the custody of some person deemed to be a responsible and suitable owner who will agree to comply with the pro- visions of this article and such other regulations as shall be fixed by the city. Provided, if the animal is one as to which the respective rights of the owner and the person in possession or custody are determined by state law, such law shall be complied with. X SAM~---FEES; COn~EGIION BY ANIMAt WEnFARE OFFICER Any animal impounded hereunder may be reclaimed as herein provided upon payment by the owner to the animal welfare officer of the sum of Two Dollars ($2.00) for each dog and the additional sum of One Dollar ($1.00) for each da~ such dog is kept and one dollar ($1.00) for each cat and additional sum of fifty cents (50¢) for each day such at is kept after the expiration of the legal detention period. Impoundment fees set forth herein shall be collected for the city, and such addi- tional sums as herein provided for keeping animals shall be collected by the animal welfare officer for the city unless otherwise provided by ci ty counci 1. XI. CONFINEMENT OF CERTAIN ANIMALS (a) Dangerous or vicious dogs. The owner shall confine within a building or secure enclosure every fierce, dangerous or vicious dog and not take such dog out of such building or secure enclosure unless such dog is securely muzzled. (b) Female dogs or cats in heat. Every female dog or cat in heat shall be kept confined in a building or secure énc10sure or in a veterinary hospital or boarding kennel in such manner that such female dog or cat cannot come in contact with another dog or cat except for intentional breeding purposes. (c) Impoundment of animals violating confinement. Any animal described in the foregoing subsections of this section found at large shall be impounded by the animal welfare officer and may not be redeemed by owners unless such redemption be authorized by any court having a jurisdiction. (d) Redemption of animals impounded as nuisances. Any dog, cat or other animal impounded for being a public nuisance may not be redeemed unless such redemption is authorized by any court having jurisdiction. (e) Redemption of animals to be destroyed. When, in the judgment of the animal welfare officer or the humane society, an animal should be destroyed for humane reasons, such animal may not be redeemed. X I I. RABIES CONTROL - GENERALLY. (a) Every animal which bfes a person shall be promptly reported to the animal welfare officer and shall thereupon be securely quar.ahli'néd at the direction of the animal welfare officer for a period of fourteen (14) days and shall not be released from such quarantine except by . . CODE ORDINANCES N~ 121 written permission of the city health officer. At the discretion of the City Health Officer, such quarantine may be on the premises of the owner, at the shelter designated as the City animal shelter or, at the owner's option and expense, in a veterinary hospital of his choice. In the case of stray animals or in the cases of animals whose ownership is not known, such quarantine shall be at the shelter designated as the animal shelter. (b) The owner upon demand by the animal welfare officer shall forthwith surrender any animal which has bitten a human or which is suspected as having been exposed to rabies f,~rtsupe~vised quarantine, the expense of which shall be borne by the owner. Such animal may be reclaimed by the owner if it is adjudged free of rabies upon payment of fees set forth in section X and upon compliance of licensing providions set forth in section V. (c) When rabies has been diagnosed in an animal under quarantine or rabies suspected by a licensed veterinarian,and the animal dies while under such observation, the City Health Officer shall immediately send the head of such animal to the State Health Department for pathological examination and shall notify the proper Public Health officer of reports of human contacts and diagnosis. (d) When one or both reports indicate a positive diagnosis of rabies~, the City Health Officer shall recommend an area wide quarantine for a period of Sixty f60) days, and upon the invoking of such quarantine, no pet animal shall be taken into the streets or permitted to be in the streets during such period of quarantine. During such quarantine, no animal may be taken or shipped from the city without written permission of the City Health Officer. During this quarantine period and as long afterward as he decides it is necessary to prevent the spread of rabies, the local City Health officer shall require that all dogs three (3) months of age and older shall be vaccinated against rabies with a canine rabies vaccine approved by the Biologics Control Section of the U. S. Department of Agriculture. The types of approved canine anti-rabies vaccine to be used and the recognized duration of immunity for each shall be restricted (leashing or confinement on an enclosed premises) for thttty (30) days after vaccination. During the quarantine period, the local Health Officer shall be empowered to provide for a program of mass immunization by the establishment of temporary emergency canine rabies vaccination clinics strategically located throughout the area of the health jurisdiction. No dog which has been impounded by reason of it s being a stray, unclaimed by its owner, is allowed to be adopted by the animal shelter during the period of rabies emergency quarantine except by special authorization of the City Health Officer. (e) Dogs bitten by a known rabid animal shall be immediately destroyed, or if the owner is unwilling to destroy the exposed animal, strict isolation of the animal in a kennel for six (6) months shall be enforced. If the dog has been previously vaccinated within the time limits established by the public health service based on the kind of vaccine used, revaccination and restraint ( leashing and confinement) for thirty (30) days shall be carried out. (f) In the event there are additional cases of rabies occurring during the period of the quarantine, such period of the quarantine may be extended for an additional six (6) months. . . CODE ORDINANCES ORDINANCE NO. 51-C N~ 122 (g) No person shall kill or cause to be killed any rabid animal, any animal suspected of having been exposed to rabies or any animal biting a human except as herein provided nor remove any animal from the city limits without written permission from the City Health Officer. (H) The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the City Health Officer. (i) The city Health Officer shall direct the disposition of any animal found to be infected with rabies. (j) No person shall fail to refuse to surrender any animal for quarantine or destruction as required herein when demand is made thereof by the City Health Officer. XIII SAME - REPORTS - PERSONS BITTEN BY ANIMALS It shall be the duty of every physician or other medical practitioner to report to the City Health Officer the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control. XIV. SAME - SAME - ANIMALS SUSPECTED OF BEING RAB~D It shall be the duty of every licensed veterinarian to report to the animal welfare officer any animal considered by him to be a rabies suspect. XV. EXEMPTIONS FROM ARTICLE. (a) Hospitals, clinics and other premises operated by licensed veterinar.ians for the care and treatment of animals are exempt from the provisions of this article except where expressly stated. (b) The licensing and vaccination requirements of this article shall not apply to any dog belonging to a nonresident of the city and kept-within the city for not longer than thirty (30) days; provided, all such dogs shall at all times while in the city be kept within a building, enclosure or vehicle or be under restraint by the owner. XVI INTERFERING WITH OR HINDERING ANIMAL WELFARE OFFICER IN PERFORMANCE OF DUTIES. No person shall interfere with, hmnder or molest the animal welfare officer in the performance of any duty of such agent or seek to release any animal in the custody of the animal welfare officer except as herein provided. XV I 1. RECORDS TO BE KEPT BY ANIMAL WELFARE OFFICER (a) the duty or cause Licensing, impoundment and dispostion of animals. It shall be of the animal welfare officer and the animal shelter to keep to be kept accurate and detailed records of the licensing, e . CODE ORDINANCES N~ 123 ORDINANCE NO. 51-C impoundment and dispostion of all animals coming into its custody. (b) Bite cases. It shall be the duty of the animal welfare officer to keep or cause to be kept accurate and detailed records of all bite cases reported to it and its investigation of same. (c) Funds belonging to the city. It shall be the duty of the animal welfare officer and the animal shelter to keep or cause to be kept accurate and detailed records of all monies belonging to the city, which records shall be open to inspection at reasonable times by such persons responsible for similar records of the city and shall be audited by the city annually in the same manner as other city records are audited. XVIII RUNNING AT LARGE IN PARKS, PLAYGROUNDS, ETC. PROHIBITED. It shall be unlawful for any dog, whether licensed or otherwise, to run at large in any public park, playground, recreation area or school ground. Section 19:" All Ordinances, or part of Ordinance, in conflict herewith are hereby repealed. Secti on 20: This Ordinance shall be posted by law and it shall become law and shall take effect immediately upon its being posted as provided by law. First reading this 10th day of March, 1970. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 24th day OF MARCH, 1970. CITY OF CLERMONT ATTEST: f()n!.r1'AJ [;. t~Aß Cit) ¡; erk BY President of Council APPROVED by me this ¿..J ¿. day of ~- ~r~ , 1970. Mayor