O-318-C
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CITY OF CLERMONT
ANIMAL CONTROL ORDINANCE
NO.318-C
AN ORDINANCE OF THE CITY OF CLERMONT DEALING WITH ANIMALS AND
ANIMAL CONTROL; SPECIFYING DUTIES OF THE ANIMAL CONTROL OFFICER;
ADDRESSING CRUELTY TO ANIMALS, DANGEROUS ANIMALS, LIVESTOCK,
WILD ANIMALS AND BIRDS; IMPOUNDMENT, CONFINEMENT AND
CONFISCATION OF CERTAIN ANIMALS; PROHIBITED ANIMAL BEHAVIOR OR
ACTIONS; RABIES AND INNOCULATIONS; CARE AND SHELTER OF ANIMAL;
PENALTIES AND SANCTIONS FOR VIOLATION OF THE ORDINANCE;
REPEALING ORDINANCE NO .I71-C, CODIFIED AS ARTICLE II OF CHAPTER 4 OF
THE CITY CODE; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Clennont, Lake
County, Florida that:
A new Animal Control Ordinance, consisting of five articles, is hereby adopted to read as
follows:
ARTICLE I, ADMINISTRATION
SECTION 1.1 PURPOSE AND INTENT
This Chapter is enacted in the interest of health, safety and welfare of the citizens and animals
of the City ofClennont pursuant to Chapters 767 and 828, Florida Statutes, to regulate the
possession, ownership, care, and custody of animals.
The City is authorized by state law and home rule powers to enforce provisions of Chapters
767 and 828, Florida Statutes, and this ordinance is intended to supplement and complement the
authority of the City with regard to damage by dogs, dangerous animals, and cruelty to animals.
SECTION 1.2 SCOPE
This Chapter shall be applied and enforced within all incorporated areas of the City of
Clennont.
SECTION 1.3 DEFINITIONS
The following words, tenns and phrases, when used in this Chapter. shall have the meanings
ascribed to them except where the context clearly indicates a different meaning:
AnÙnal means any living dumb creature.
Animal Control Officer means any person employed or appointed by a county or municipality
who is authorized to investigate, on public or private property, civil infractions relating to animal
control or cruelty and to issue citations as provided in this section.
Animal Sheller means any premises or facility designated by any governmental entity as a
facility for the purpose of impounding and caring for animals.
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Animal In Distress means any animal found abandoned, neglected, cruelly treated, injured,
starving or wounded.
Animal Under Restrainl means any animal secured by a leash, chain, rope, or lead and/or
confined within a vehicle or caged or tethered in the open bed of a pick-up truck, or confined
within the property limits of any parcel of land with the property owner's consent, or confined
within a crate or pen.
Confiscate means removal of the animal from the care, custody or control of the owner of the
animal in instances under this ordinance or state law when the animal will only be returned to the
owner following a hearing.
Conlrol means the regulation of and the possession, ownership, care, and custody of animals.
Cruelty means any act of neglect, torture, or tonnent which causes unjust pain or suffering of
an animal.
Dangerous Animal means any animal that according to the records of the division:
1) Has aggressively bitten, attacked, or endangered, or has inflicted severe injury on a
human being on public or private property.
.2) Has more than once injured or killed a domestic animal while off the owner's property.
3) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or
any public grounds in a menacing fashion or apparent attitude of attack, provided that
such actions are attested to in a sworn statement. by one or more persons and con finned
by the division.
Division means the City ofClennont and/or the City ofClennont's Animal Control
Department.
Impound means the removal, usually temporary, of an animal from the care, custody or control
of the owner until the animal control officer determines owner's compliance with an ordinance or
state law.
Liveslock means all goats, sheep, equine, bovine, swine, and includes domestic fowl such as
chickens, geese, ducks, turkeys, guineas, and like domestic fowl.
Neglect means any act of disregard; to ignore the physical needs of any animal such as the
provision of nutritional food, clean water, and basic care.
Owner means any person, firm, corporation, or organization, possessing, harboring, keeping or
having control or custody of any animal or; if the animal is owned by a person under the age of
eighteen, that person's parent or guardian.
Proper Enclosure of a Dangerous Animal means, while on the owner's property, a Dangerous
Animal is securely confined indoors or in a securely enclosed locked pen or structure, suitable to
prevent the entry of any person or any body part of such person, and designed to prevent the
animal from escaping, or partially advancing through. Such pen shall have secure sides, a secure
top, and a secure floor to prevent the animal from escaping over, under, or through the structure
and shall also provide protection from the elements.
Severe Injury Inflicted on a Person by an Animal means any physical injury which results in
broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery.
Unprovoked means that a victim who has been conducting himselfpeacefully and lawfully,
has been bitten or chased in a menacing fashion or attacked by an animal.
SECTION 1.4 DUTIES OF ANIMAL CONTROL OFFICER. GENERALLY
The animal control officer shall be responsible for enforcement of this Chapter of the City of
Clennont Code other than the misdemeanor provisions hereof and the provision of the Florida
Statutes relating to animal welfare.
The animal control officer shall investigate fonnal complaints of alleged violations of this
Chapter, or act on the officer's own detennination or reasonable suspicion of a violation and
shall issue citations and/or warning notices requiring that violations cease or be corrected.
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In appropriate cases, the animal control officer may impound animals pursuant to Section 1.8
of this ordinance or confiscate animals pursuant to Section 2.5 of this ordinance.
SECTION 1.5 RIGHT OF ENTRY OF EMPLOYEES
The animal control officer shall have the right to enter upon any public property or may enter
private property with the consent of the owner or occupant or proper warrant or as otherwise
provided by law within the City of Clennont, for the purposes of examining or capturing any
animal. Said officer shall have appropriate identification with them which identifies them as
agents of the City of Clennont when they enter private property for the purpose of this section.
The animal control officer shall be exempt from prosecution for trespass on private property
when lawfully conducting their duties under this ordinance or when said officer reasonably
believes that they had the right to enter upon said property under this ordinance.
SECTION 1.6 UNLAWFUL INTERFERENCE WITH ANIMAL CONTROL OFFICER
It shall be unlawful to:
1) Interfere with or threaten bodily injury to any animal control officer or employee of
the City in the legal perfonnance of his or her duties, or to take or attempt to take an
animal from any animal control officer or employee or from any vehicle used by him
or her to transport any animal.
2) Take or attempt to take any animal from the animal shelter without proper authority.
3) Knowingly remove, without authorization, an animal from trap placed by an animal
control officer or employee; or without authorization, to knowingly tamper with,
damage, or relocate a trap placed by an animal control officer or employee, except that
an agent of a society or association for the prevention of cruelty to animals pursuant to
Chapter 828, Florida Statutes, may, for good cause and without authorization, remove
an animal from such a trap, and shall notify the division immediately.
SECTION 1.7 VIOLATIONS AND ENFORCEMENT
Any person determined to be in violation of any provision of this ordinance may be subject to
anyone or more of the sanctions set forth below or as provided in Chapters 767 or 828, Florida
Statutes.
1) An animal control officer or any law enforcement officer as defined in Section 943.10(1),
Florida Statutes, or its successor, is hereby authorized to issue citations for the violation of
any provision of this Chapter when, based upon personal investigation, the officer has
reasonable and probable grounds to believe that a violation of the code has occurred. The
citation fonn shall be that which has been approved by the City of Clermont and shall
contain the infonnation required by Section 828.27(1)(1), Florida Statutes.
2) Pursuant to Chapter 162, Florida Statute, any person cited for a violation of this Chapter
shall be deemed to be charged with a non-criminal infraction and may be cited to appear
in County Court. Any person issued a citation may pay the civil penalty, either by mail or
in person, within ten (10) business days or receiving the citation, except that any person
required to appear in County Court as mandated by the code shall not have the option of
paying a fine in lieu of appearing in County Court, or such person may contest the citation
at a hearing in County Court.
3) Non-criminal infractions of this Chapter shall be subject to the following ci"il penalties:
a) Infractions involving violations of this ordinance of the following types shall be
subject to a civil penalty of Three Hundred Dollars ($300.00). Such violations
shall also require a mandatory County Court appearance:
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(i) Unlawful Interference With Animal Control Officer
(ii) Dangerous Animals-failure to register, confine or control
(iii) Attack or Bite By Dangerous Animal
(iv) Confinement of Dangerous Animal
(v) Animal Cruelty or Neglect
(vi) Failure of owner to impound, Quarantine When Suspected of
Having Rabies
(vii) Confinement of Animal In Vehicle
b) The following violations of this ordinance shall be subject to a civil penalty of
One Hundred and Fifty Dollars ($150.00):
(i) Female Dogs and Female Cats In Heat
(ii) Wildlife Hybrids Prohibited
(iii) Livestock Prohibited
(iv) Number of Animals Allowed
If an owner is charged with committing the same offense within twelve
(12) months of another conviction, the fine imposed shall be $300.00. A
violation resulting in the issuance of third or subsequent citation to an
owner for the same offense shall be subject to a civil penalty of $300.00
and shall also require a mandatory County Court appearance.
c) All other infractions shall be subject to a civil penalty of Fifty Dollars
($50.00). If and owner is charged with committing the same offense within
twelve (12) months of another conviction, the fine imposed shall be
$150.00. A violation resulting in the issuance ofa third or subsequent
citation to an owner for the same offense shall be subject to a civil penalty
of$300.00 and shall also require a mandatory County Court appearance.
4) Any person electing to contest the citation and choosing to appear in County Court shall
be deemed to have waived the limitations in the amount of the civil penalty set forth
above. The Court, after a hearing, shall make a detennination as to whether an infraction
has been proven. The Court may impose reasonable court costs and a civil penalty up to,
but not exceeding Five Hundred Dollars ($500.00).
5) If a person receives a citation, and fails to pay the civil penalty, fails to appear in County
Court to contest the citation, or fails to appear when a court appearance is mandated
pursuant to this code, the County Court may issue an order to show cause upon the request
ofa representative of the division. This order shall require such 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, such person may
be held in contempt of court.
6) Any person who willfully refuses to sign the citation issued by an animal control officer
or law enforcement officer is guilty of a misdemeanor of the second degree, punishable as
provided in Chapter 775, Florida Statutes.
7) In addition to the citation authority granted herein, any person who violates this ordinance
may be charged with a misdemeanor pursuant to Chapters 775, Chapters 828, and Section
166.041, Florida Statutes.
8) This ordinance may be enforced utilizing anyone or more of the alternatives set forth
herein.
9) In a proper instance, as set forth in this ordinance, an animal may also be impounded or
confiscated if required to protect the animal or the general health, safety and welfare.
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SECTION 1.8 IMPOUNDMENTS
1) Unlicensed animals found running at-large shall be impounded by the animal control
officer and taken to the shelter at Public Services and there confined in a humane manner
to a maximum of 24 hours, and may be transferred to Lake County Animal Control, a
rescue organization, or a humane society. Owners may reclaim their animal during this
period upon payment of the fees established in Section 4.5 of this ordinance.
2) Licensed animals found running at-large shall be impounded by the animal control officer
and taken to the shelter at Public Services and there confined in a humane manner for a
maximum of three (3) days, and then may be transferred to Lake County Animal Control.
While in possession of the Division, every reasonable effort will be made to contact the
owner of said animal. Owners may reclaim their animal during this period upon payment
of the fees established in Section 4.5 of this ordinance.
SECTION 1.9 REDEMPTION OF IMPOUNDED ANIMALS: DISPOSITION UPON
FAILURE TO REDEEM
1) The owner of any animal impounded shall be entitled to resume possession upon
compliance with the license provisions and payment of impoundment and boarding fees.
All fees are established by the Clennont City Council by resolution and are on file at the
City Clerk's office.
2) Any animal impounded and not redeemed by its owner within the time set forth in the
time frame provided in this Chapter, may be transferred to Lake County Animal Control
for disposition in accordance with the lawful procedures of said Lake County Animal
Control. No compensation shall be paid to the owner.
SECTION 1.10 LIBERAL CONSTRUCTION
The provisions of the Ordinance shall be liberally construed in order to effectively carry out
the purposes of this Ordinance in the interest of the public health, welfare, and safety of the
citizens of the City of Clermont.
ARTICLE II, DOMESTIC ANIMALS AND WILDLIFE
SECTION 2.1 LIVESTOCK PROHIBITED
It shall be unlawful to keep any livestock upon any property within the city limits of Clennont,
except where a Conditional Use Pennit, authorizing livestock, is granted by the Clennont City
Council.
SECTION 2.2 NUMBER OF ANIMALS PERMITTED
It shall be unlawful for anyone who resides in the City of Clennont, to harbor more that five
(5) animals over the age of four (4) months at anyone time, except where a Conditional Use
Pennit, authorizing keeping of a ¡''feater number of animals, is granted by the ClernlOnt City
Council.
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SECTION 2.3 BIRDS AND GAME - SANCTUARY; UNLAWFUL TO SHOOT OR TRAP;
BIRD NESTS PROTECTED
1) The entire area within the limits of the City of Clermont is hereby declared to be a bird
sanctuary for all birds, game, or animals, which are protected under the laws of the State;
provided, specifically, that animals may be relocated, removed, or destroyed by a licensed
animal trapper in the interest of public safety.
2) The molesting, shooting, trapping, or otherwise killing or injury of any bird within the
limits of the City of Clermont is hereby prohibited; provided however, this section may be
suspended by the City Council forten (10) days if any birds become a nuisance or
destructive.
3) It shall be unlawful for any person to rob or destroy any bird nests within the limits of the
City of Clermont; provided that robbing or destroying of the nests of English Sparrows,
Starlings and Pigeons shall not come within the provision of this section.
SECTION 2.4 DANGEROUS ANIMAL(S)
1) The City of Clermont finds that dangerous animals are an increasingly serious and
widespread threat to the safety and welfare of the people of this City because of
unprovoked attacks which cause severe injury to persons and domestic animals; that such
attacks are in part attributable to the failure of owners to confine and properly train and
control their animals; that existing laws inadequately address this growing problem; and
that it is appropriate and necessary to impose unifonn requirements for owners of
dangerous animals.
2) The division shall investigate reported incidents involving any animal that may be
dangerous and shall, if possible, interview the owner and require a sworn affidavit from
any person, including any animal control officer or law enforcement officer offering
information or evidence that an animal be classified as dangerous. Any animal that is the
subject of a dangerous animal investigation, that is not impounded with the division, 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 hearing related to the
dangerous animal classification. The address of where the animal resides shall be
provided to the division. No animal that is the subject of a dangerous animal investigation
may be relocated or ownership transferred pending the outcome of an investigation or
any hearing related to the determination of a dangerous animal classification. In the event
the animal is to be destroyed, the animal shall not be relocated or ownership transferred.
The animal shall be subject to impoundment by the animal control officer or any law
enforcement officer.
3) An animal shall not be classified 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 animal or its owner, custodian or a
family member. No animal may be classified dangerous if the animal was protecting or
defending a human being within the immediate vicinity of the animal from an unjustified
attack or assault by the person bitten or threatened by the animal.
4) During the investigation, the division shall make an initial detennination as to whether
there is sufficient cause to classify the animal as dangerous and shall
afford the owner an opportunity for a hearing before the Code Enforcement
Board prior to making a final detennination. The division shall provide written
notification of the finding of sufficicnt cause, to the owner, by return
receipt requested, certified hand delivery, or service in conformance with the
provisions of Chapter 48, Florida Statutes, relating to service of process. The
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owner must file a written request to the Code Enforcement Board to appeal the
division's decision within seven (7) calendar days from the date of receipt of the
notification of the sufficient cause finding and, ifrequested, the hearing shall be
held as soon as possible, but not more than thirty (30) calendar days and no
sooner than five (5) calendar days after the receipt of the request from the owner.
5) If an animal owner appeals the decision of the division, the Code Enforcement Board
shall hold a hearing to decide if the animal should be classified dangerous. At the
hearing, the animal owner or his representative and any other interested person(s) may
present any evidence relevant to a detennination of whether such animal is dangerous.
The Code Enforcement Board shall hear and consider the evidence presented at said
hearing and make a determination as to whether or not the animal meets the definition of
a dangerous animal as defined in this Chapter.
6) Once an animal is classified as a Dangerous Animal, the division shall provide written
notification to the owner by return receipt requested, certified hand delivery, or service.
7) Within fourteen (14) calendar days after an animal has been classified as dangerous by
the division or the Code Enforcement Board, the owner of the animal must obtain a
certificate of registration for the animal from the division, and the certificate shall be
renewed annually. The division is authorized to issue such certificate of registration, and
renewals thereof, only to persons who are at least eighteen (IS) years of age and who
present to the division sufficient evidence of:
a) A current certificate of rabies vaccination for the animal.
b) A proper enclosure to confine a dangerous animal and the posting of the premises
with a clearly visible warning sign provided by or specified by the division at all
entry points to the property which infonns both children and adults of the
presence of a dangerous animal on the property.
c) Pennanent identification of the animal, such as a tattoo on the inside thigh or
electronic implantation (microchip).
d) The wearing of the City issued dangerous animal tag.
e) The division shall impose an annual fee for the issuance of the certificate of
registration, warning signs, Dangerous Animal tag, which the fee shall be set by
Clennont City Council by resolution.
S) The owner shall immediately notify the division when an animal which has been
classified dangerous:
a) Is loose or unconfined.
b) Has bitten a human being or attacked another animal.
c) Is sold, given away, or dies.
d) Is moved to another address.
Prior to a Dangerous Animal being sold or given away, the owner shall deliver
the name, address, and telephone number of the new owner to the division. The
new owner shall comply with all of the requirements of this Chapter.
9) It is unlawful for the owner of a dangerous animal to pennit the animal to be
outside a proper enclosure unless the animal is muzzled and restrained by a
competent person. The muzzle shall be made in a manner which will not cause
injury to the animal or interfere with its vision or respiration, but shall prevent it
from biting any human or animal. The owner may exercise the animal in a
securely fenced or enclosed area that does not have a top, without a muzzle or
leash, if the animal remains within the owner's sight and only members of the
immediate household arc allowed in thc enclosure when thc animal is present.
When being transported, such animals must be safely and securely restrained and
muzzled within a vehicle.
10) It is unlawful for the owner of a dangerous animal to remove. destroy, or dcface
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a dangerous animal tag, and if the dangerous animal tag is lost, it shall be
immediately replaced at the owner's expense.
11) This section does not apply to animals used by law enforcement officials for law
enforcement work.
12) Failure by the owner to provide any notice, or to confine, or to identify a
dangerous animal shall constitute a violation of this ordinance and may be
charged with a misdemeanor.
SECTION 2.5 ATTACK OR BITE BY DANGEROUS ANIMAUS). PENALTIES;
CONFISCATION
1) If an animal that has been previously declared dangerous attacks or bites a person or a
domestic animal without provocation, the owner is guilty of a misdemeanor of the first
degree, pursuant to Chapter 767, Florida Statutes, Section 767.13(1), and punishable as
provided in Chapter 775, Florida Statutes, Section 775.082 or Section 775.083. In
addition, the dangerous animal shall be immediately confiscated by the division, placed
in quarantine for the proper length of time. Quarantine time is a minimum often (10)
days from the date of the bite, and may be longer pending the outcome of a mandatory
County Court appearance by the owner.
2) If an animal that has not been classified as dangerous attacks and causes severe injury to
or death of any human, the animal shall be immediately confiscated by the division,
placed in quarantine for the proper length of time and procedure for Dangerous Animal
shall commence.
3) If an animal that has previously been declared or classified as dangerous attacks and
causes severe injury or death of a human, the owner is guilty of a felony of the third
degree, pursuant to Chapter 767, Florida Statutes, Section 767.13(3), and punishable as
provided in Chapter 775, Florida Statutes, Section 775.082, Section 775.083, or Section
775.084. In addition, the dangerous animal shall be immediately confiscated by the
division, placed in quarantine for the proper length of time and thereafter destroyed in an
expeditious and humane manner.
4) If the owner seeks release of such an animal and the animal control officer disputes the
release, then the procedures set forth in Section 767.12, Florida Statutes, shall be
followed.
5) If an animal attacks or bites a person who is engaged in or attempting to engage in a
criminal activity at the time of attack, the matter will be detennined as specified in
Chapter 767, Florida Statutes.
6) Prior to the animal being released from the animal shelter, or destroyed, the owner of said
animal is responsible for all impoundment and other fees incurred for the impoundment
and case of the animal regardless of the final detennination.
SECTION 2.6 CONFINEMENT OF DANGEROUS ANIMALS
The owner of any dangerous animal shall confine the animal within a building, cage, or other
secure enclosure and shall not take said animal from said building, cage or secure enclosure
unless said animal is securely leashed, tethered, chained, muzzled, anesthetized and/or otherwise
restrained so as to protect persons and other animals; provided. however. that this section shall
not apply to law enforcement or rescue animals actually engaged in law enforcement or rescue
operations.
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Animals of wild or exotic nature, as so classified by the Florida Game and Fresh Water Fish
Commission as requiring specific pen or enclosure, shall be caged in accordance with the
Commission's regulations.
Any outside enclosure housing a trained attack dog must be completely surrounded by a fence
or other wall at least six (6) feet high and have an anti-climbing device. All gates and entrances
must be kept closed and locked and all fences and walls maintained escape proof.
Failure of an owner to confine a dangerous animal can result in impoundment or confiscation
of the animal and the imposition of other sanctions specified by this ordinance.
SECTION 2.7 WILDLIFE HYBRIDS PROHffiITED
1) It is unlawful to own, harbor, keep, transport, sell or breed wildlife hybrids of the family
canis or felis or breed any wildlife with a dog or a cat, unless the owner, keeper, or
breeder is in possession of an appropriate pennit issued by an agency of the State
authorizing such activity.
2) Any animal alive and within the boundary of the City ofClennont on or before the
implementation of this ordinance shall not be subject to the prohibition contained in
subsection (1) above; however, the keeping or maintenance of any such animal shall be
subject to such regulations as the City of Clennont may enact from time to time by
resolution.
3) All wildlife hybrids are not exempted from the application of this section by virtue of
being the subject of a State pennit described in subsection (I) or by the tenns of
subsection (2) are contraband. Such wildlife hybrids shall be delivered to an individual
possessing an appropriate State permit, the animal services department, a humane society
or be humanely euthanized.
ARTICLE III, GENERAL PROVISIONS
SECTION 3.1 ANIMALS URINATING AND DEFECATING
Every animal owner shall prevent any animal from soiling, defiling, urinating or defecating on
any private or public property, other than that of the owner, without expressed or implied consent.
The owner of every animal shall be responsible for the removal of any solid excreta deposited by
his/her animal(s) on public walks, recreation areas or private property other than hislher own.
No owner of any animal shall pennit or allow the accumulation of animal droppings, feces,
urine, or other animal waste on any property in the City, and any owner of any animal who does
so may be cited for a violation of this ordinance or charged with a misdemeanor.
SECTION 3.2 NOISY ANIMALS; NUISANCE
It shall be unlawful, pursuant to Section 1.7 of this ordinance, for any animal owner to pennit,
either willfully or through failure to exercise due care and control, any animal, in a continuing or
repeating manner, to bark, cry, howl, screech, squawk, scream, whine, or cause objectionable
noises which disturb the comfort, peace, quiet, or repose of any person residing in the vicinity.
Upon the receipt of documentation of a complaint from a law enforcement agency or a statement
signed by three (3) or more residents of the City of Clermont who reside in separate dwellings in
the vicinity of the animal(s) or incident(s), alleging that a violation of this section exists, the
animal control officer shall have reasonable cause to detennine that a violation of this section has
occurred. The statements must be made under oath before an individual authorized by law to take
acknowledgements and must set forth the pertinent facts relating to the incidcnt(s), including the
time, date, and location, the address or location of the owner of the animal(s) as well as the
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complainants and a description of the animal(s). If the makeup of the neighborhood is such that
three (3) or more residents are impossible to acquire, one verified complaint, sworn to by the
complaining party, shall suffice.
The owner of any such animal may be given a citation to appear in county court or cited to the
Code Enforcement Board, or subject to the other sanctions set forth in Section 1.7 if this
ordinance.
SECTION 3.3 INJURY TO PERSONS, ANIMALS. AND PROPERTY
Every animal owner shall be responsible for exercising due care and control of hislher
animal(s) so as to prevent his or her animaI(s) from causing physical injury to any person, or
damage, harm or destroy the property or animal of another person.
Any animal causing injury or harm to any person shall be subject to impoundment or
confiscation, and declaration as a dangerous animal pursuant to Section 2.4 of this ordinance.
SECTION 3.4 FEMALE DOGS AND FEMALE CATS IN HEAT
The owner of any female dog or cat shall adequately keep said animal(s) when they are in heat
in such a manner as to make said animaI(s) inaccessible to any male of the same species, except
for intentional breeding purposes. Female dogs or cats in heat not adequately restrained or
confined may be impounded and the owner of said animal cited.
SECTION 3.5 DUTY TO KEEP ANIMAL(S) UNDER RESTRAINT WHILE OFF
PROPERTY
It shall be the duty of the owner of any animal or anyone having an animal in hislher custody
or care to ensure that the animal is kept under restraint and control at all times while the animal is
off the real property limits of the owner, harborer or keeper. For the purposes of this section, an
animal is deemed under restraint and control when it is:
1) Caged or cross tethered in the open bed of a pick-up truck, or
2) Securely and humanely confined within a house, building, fence, crate, pen or other
enclosure with the property owner's consent, or
3) Humanely secured by a chain, cable and trolley, rope or tether of sufficient strength to
prevent escape with the property owner's consent where the restraint is being used, or
4) Leashed and controlled by a competent, responsible person.
ARTICLE IV, RABIES-SUSCEPTIBLE ANIMALS
SECTION 4.1 REPORTING AND CONFINEMENT OF RABIES-SUSCEPTIBLE
ANIMALS WHICH HAVE BITTEN PEOPLE OR APPEAR TO HAVE RABIES
1) It shall be the duty of every attending practitioner licensed to practice medicine,
osteopathic medicine, or veterinary medicine or any other person knowing of or in
attendance on a case to promptly report to the Lake County Health Unit every instance in
which a rabies-susceptible animal has bitten, scratched, or it's saliva has come in contact
with the mucous membrane or an open lesion of another animal or human.
2) All reporting requirements provided in Florida Administrative Code Section 64-D3.002,
shall remain in effect.
3) The rabies-susceptible animal may be confined, accordance with this ordinance, state
law, or regulation, for the required quarantine period under suitable observation or may
be destroyed according to the direction of the State health officer or his duly authorized
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representative. Any expense incurred in handling the rabies-susceptible animal during
this period shall be borne by the owner.
SECTION 4.2 IMPOUNDMENT, QUARANTINE WHEN SUSPECTED OF HAVING
RABIES
I) Any rabies-susceptible animal suspected of having rabies shall be impounded at the
owner's expense at a place designated by the Lake County Health Unit or placed at the
animal owner's expense in the custody of a licensed veterinarian for ten (10) days or
longer as detennined by the Lake County Health Unit. The period of impoundment shall
be based upon the incubation period for rabies in the species of animal concemed.
2) Any rabies-susceptible animal bitten by a known rabid animal shall be placed under the
surveillance by the Lake County Health Unit, or their authorized representative, and shall
be handled pursuant to State law and Department of Health Rehabilitative Services rules
and regulations.
3) Any person who shall fail to surrender any animal that is unvaccinated for rabies for
quarantine as required herein, when demand is made therefore by the Lake County Health
Unit or animal control officer, shall be guilty of a misdemeanor and punished as provided
for by law.
SECTION 4.3 VACCINATIONS REOUIRED
1) It shall be unlawful for the owner of any rabies-susceptible animal, for which a licensed
vaccine is available, to fail to have said rabies-susceptible animal vaccinated against
rabies by a licensed veterinarian of his or her choice, annually, as provided in subsection
(4).
2) Evidence of vaccination shall consist of a rabies certificate 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, the year and serial number of
the animal's required tag, the breed, age, color and sex of the animal and any other
pertinent data for proper identification of the animal. One copy of the certificate shall be
given to the owner, one copy filed with the animal control office, and one copy retained
by the veterinarian administering the vaccine.
3) No rabies-susceptible animal need be vaccinated for rabies where a licensed veterinarian
has examined the rabies-susceptible animal and certified that vaccination would endanger
said animal's health at that time because of age, infirmity, debility, or other physiological
consideration, and such certificate is presented to the enforcing agency within five (5)
days of such examination; provided that such certificate shall not be valid for more than
twelve (12) months from the date of issuance.
4) All rabies-susceptible animals shall be vaccinated with a rabies vaccine licensed and
approved by the U.S. Department of Agriculture.
SECTION 4.4 CERTIFICATES AND TAGS
I) All residents of the City ofClennont must purchase an animal license for their animal(s)
annually at the City Clerk's office.
2) This tag, along with a current rabies tag. must be attached to the animals collar or harness
and be worn at all times except, when a licensed veterinarian orders in writing that the
collar/harness and tag be removed from the animal for health reasons, in which case the
animal shall be confined in an enclosed building or a kennel at all times until a licensed
veterinarian permits the collarlharness and tag to be placed on the animal.
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3) If a tag is lost or destroyed, the owner must acquire a replacement, at the animal owner's
expense.
4) A police dog, as defined in Section 843.19, Florida Statutes, shall be exempt from
wearing a license tag while being used by a law enforcement agency.
SECTION 4.5 CITY LICENSE FEES
The City of Clermont shall establish by resolution fees to be charged for animal licenses
pursuant to this article. The fees shall remain in force until modified by subsequent resolution.
ARTICLE V, CARE AND SHELTER OF ANIMALS
SECTION 5.1 ANIMAL CRUELTY OR NEGLECT
No person, either willfully or negligently, shall deprive food, water, shelter, or protection to
any animal under hislher control and/or custody; or abandon, poison, beat or whip any animal
under hislher, another's or no one's control and/or custody; to kill any animal under hislher,
another's, or no one's control other than for humane purposes; or to mutilate, overdrive,
overwork, overload, torment, torture, or otherwise cruelly ill-use any animal, including but not
limited to, animal fighting.
Any person found to be in violation of this section will be subject to citation pursuant to
Section 1.7 of this ordinance and their animaI(s) confiscated. Any animaI(s) seized under this
section may only be reclaimed by the owner if said owner is adjudged by the court to be able to
provide adequately for, and have custody of, the animal, in which case the animal shall be
returned to the owner upon payment, by the owner, for the care and provision of the animal while
in the Division's custody and the fees established in Section 4.5 of this ordinance, or as the court
otherwise directs.
SECTION 5.2 ANIMALS FOUND IN DISTRESS; WHEN AGENT MAY TAKE CHARGE
1) The purpose of this section is to provide a means by which a neglected or mistreated
animal can be:
a) Removed from its present custody; or
b) Made the subject of an order to provide care, issued to its owner by the Division,
the county court, any law enforcement officer, or any agent of any society or
association for the prevention of cruelty to animals appointed under Chapter
828.03, Florida Statute.
2) Any animal control officer, law enforcement officer or any agent of the Division, or the
county or of any society or association for the prevention of cruelty to animals appointed
under the provisions of Chapter 828.03, Florida Statutes, may:
a) Lawfully take custody of any animal found neglected or cruelly treated by
removing the animal from its present location, or
b) Order the owner of any animal found neglected or cruelly treated to provide
certain care to the animal at the owner's expense without removal of the animal
from its present location.
and shall issue said owner a citation with a mandatory County Court appearance,
to detennine whether the owner, if known, is able to provide adequately for the
animal and is fit to have custody of the animal.
3) (a) The officer or agent taking charge of an animal as providcd for in this section
shall provide for the animal until either:
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1) The owner is adjudged by the court to be able to provide adequately for, and have
custody of, the animal, in which case the animal shall be returned to the owner
upon payment by the owner for the care and provision for the animal while in the
agent or officer's custody, or
2) The animal is turned over to an officer or agent of the Division, or the Lake
County Animal Control, or a society for the prevention of cruelty to animals, and
a humane disposition of the animal is made.
(b) If the court detennines that the owner is able to provide adequately for, and
have custody of, the animal, the order shall provide that the animal in the
possession of the officer or agent be claimed and removed by the owner
within the time specified in the order, upon payment, by the owner, of all
expenses incurred by the officer or agency.
(c) Upon a detennination by the court, that the owner of the animal is unable or
unfit to adequately provide for the animal:
1) The court shall order the animal be sold by the division at public auction, and
shall provide in its order that the current owner shall have no further custody of
the animal and that any animal not bid upon shall be remanded to the custody of
the officer or agency.
2) The court may order the animal destroyed or remanded directly to the custody of
the appropriate agency for such disposition.
3) Upon proof of costs incurred by the agent or officer, the court may require that
the owner pay for the care of the animal while in custody of the agent or officer.
4) The court may order that other animals that are in the custody of the
owner and that were not seized by the Division or other agency be turned
over to the Division or other agency, if the court determines that the
owner is unable or unfit to adequately provide for the animals. The court
may enjoin the further possession or custody of any other animals by the
owner.
SECTION 5.3 CONFINEMENT OF ANIMAL IN VEHICLE
1) It shall be unlawful, punishable as set forth in Section 1.7 of this ordinance. for any
person to 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 for such a period
of time as may reasonably be expected to endanger the health or well-being of such
animal due to heat, cold, lack of water, or such other circumstances as may reasonably be
expected to cause suffering, disability or death.
2) Any officer who finds an animal maintained in a vehicle in violation of this section may
enter the vehicle by using the amount of force which is reasonably necessary to remove
the animal, and the officer shall have no civil or criminal liability for such action. The
officer removing the animal shall take the said animal to, or arrange to have the said
animal delivered to, a veterinary facility of shelter. The officer shall, in the event the
owner or custodian of the animal cannot be otherwise contacted, leave in a prominent
place in or upon the vehicle a written note bcaring the address of the shelter where the
animal may be claimed by the owner thereof. The animal shall be surrendered to its
owner if the owner claims the animal within five (5) days from the time the animal was
removed from the vehicle, and pays all reasonable charges which have accrued for the
maintenance and care of the animal. The shelter having custody of thc animal shall make
reasonable efforts to contact the owner and provide notice that the animal is in its custody
and may be reclaimed by the owner upon payment of the reasonable charges for
maintenance and care. If the owner shall fail to reclaim the animal within the specificd
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time, the shelter having custody of the animal shall provide for the animal to be adopted
or humanely disposed of.
SECTION 5.4 SHELTER AND CARE OF ANIMALS
1) Every person who owns any animal shall comply with all applicable portions of this
Section.
2) Shelter for animals shall be structurally sound and shall be maintained in good repair, in
order to contain, to protect the animals from injury, and to restrict the entrance of other
animals. All animal areas, cages, kennels, shipping containers, houses, shelters, and runs
shall be of sufficient size to provide adequate and proper accommodations and protection
from the weather for the animals kept within. All areas of confinement shall be
maintained in a healthful and sanitary condition. All areas shall be cleaned and
disinfected regularly as conditions warrant.
3) All housing is to be constructed of a nonabsorbent material. Housing shall be of sufficient
height to pennit each animal to sit and stand erect with at least four (4) inches clearance
above the head, and of sufficient width to pennit each animal to turn around with at least
four (4) inches clearance beyond the length of the body, and of sufficient length for each
animal to walk the equivalent of its body length. No cages shall be enclosed entirely by
solid walls. Stacked cages shall have solid floors. Cat cages must contain a litter pan.
4) Any bedding utilized shall be clean and dry.
5) All animals requiring the daily intake of food shall be fed at least once every twenty-four
(24) hour period, including Sundays and holidays. The type of food provided shall be
appropriate for each particular species and shall be of sufficient nutritive content for the
health and well-being of the species. The food containers shall be emptied and cleaned
daily.
6) Fresh water shall be continuously available to all animals and replenished whenever
necessary during each day, including Sundays and holidays. The water containers shall be
emptied and cleaned daily; and should be free of dirt and algae.
7) All animals exhibiting symptoms of illness or disease shall be treated by or under the
supervision of a licensed veterinarian. If required, diseased animals shall be humanely
destroyed under the supervision of a licensed veterinarian or animal control officer.
8) Any animal owner violating the provisions of this section shall be in violation of this
ordinance and may be charged and sanctioned pursuant to Section 1.7 of this ordinance
and pursuant to State law.
SEVERABILITY
If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect
the validity of the remaining portion of this Ordinance.
CODlFICA TION
It is the intent of the City of Clennont that the provisions of this Ordinance shall become and
codified as part oCthe City ofClennont Code and that the sections of this Ordinance may be
renumbered or re-Iettered and the word "ordinance" may be changed to "section", "article" or
such other appropriate word or phrase in order to accomplish such coditìcation.
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REPEAL OF EXISTING ANIMAL CONTROL ORDINANCES
Upon adoption of this ordinance, Ordinance No. 171-C, adopted by the COity Council on
May 9, 1978 and codified as Article II, Chapter 4 of the City Code of the City of Clermont is
hereby repealed.
EFFECTIVE DATE
This Ordinance shall be published as provided by law and it shall become law and shall take
effect immediately upon its Second Reading and Final Passage.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA TillS 8th DAY OF JANUARY, 2002.
CITY OF CLERMONT
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