1987-19
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4ìÞUNTY/MUNICIPAL ANIMAL CONTROL A4j¡EH!NT
On March 3, 1987, the Lake County Board of County
Commissioners passed Ordinqnce 1987-3, to protect the public
health and safety of the citizens of Lake County and to protect
the welfare and safety of the animals within Lake County by
providing for the maintenance and use of the County Shelter,
'requiring impoundment and per diem fees, requiring licensing and
vaccination of dogs and cats, providing for citation enforcement,
and other various matters.
WHEREAS, many municipalities are desirous of continued
cooperation between the County and the municipalities to include
the transportation of animals from the municipal holding
facilitie8, to the County Shelter, and
WHEREAS, m"ny municipalities wish the assistance of the
County in emergency situatione. .
NßW, THEREFORE, IT IS HEREBY AGRBED between the municipality
of Clermont . and the County of Lake a8 follows:
1. The municipality acknowledges thåt it has pas8ed a
Resolution approving the County Ordinance 1987-3, a. passed by
th~ Ls~e County 30a~d of C~\:n~7 Commissi~n~r. and furth~r~cre
appeals to the Lake. County Board' of County Commissioners to
authorize'the Lake County Animal Control Department to respond ~o
s request. fro \'. t!):! municipality for !!-'¡'¡'løt'!.~~ in an emergency in
the event the Lake County Animal Control Department is capable of
responding. (An emergency, in the context of this agreement, is
defined as 8 situation in which the animal has bitten a citizen,
and the aniŒal is currently at-large, and there i8 no known
animal owner.)
2. ,The municipality may transport animals to the County
Shelter provided adequate information is presented the County
.according to County Ordinance 1987-3, Section 18.
3.'. ,The muniC'.ipali ty may request animal transportation
services of the County from the municipal holding facility to the
County Shelter, provided the municipal holding facility meets the
minimum stendards expressed in County Ordinance 1987-3, Section
9., (b)-(I), and provided adequate information is presented to the
County according to County Ordinance 1987-3, Section 18, and
provided adequate notice is given.
4. The municipality indemnifies the County of any
responsibility should 108s or damage occur as a result of the
County responding or not responding to the municipality's request
for assistance.
',;" The municip<:li";~' c::kn::~71e~l¡<!s thcot th:ë t.:sr;;;:¡¡ 0;: .,;hi..
=;re~rn~nt rna7 be modified or terminated upon notice of ten days
by either the municipality or County.
This agreement is entered into pursuant
1987-3, County of Lake, State of Florida.
to County Ordinance
Dated this ~ day of
June
, 1987.
HUNICrPAJ~ITY OF CLERMONT
BY' M&.~:m~~"Ci1 ,
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BOARD OF COUNTY COMMISSIONERS OF
LAKE COUNTY, FLORIDA
ATTI::ST,: .
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JAMES C. ~T~INS, KRK
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ORDINANCE 1987-3
AN ORDINANCE REPEALING ORDINANCE 1975-1 AND ALL
SUBSEQUENT AMENDMENTS THERETO TO PROTECT THE PUBLIC
HEALTH AND SAFETY OF THE CITIZENS OF LAKE COUNTY,
FLORIDA, BY PROVIDING FOR: THE MAINTENANCE AND USE OF A
COUNTY SHELTER AND REQUIRING: IMPOUNDING AND PER DIEM
FEES; THE RABIES VACCINATION OF DOGS AND CATS; THE
PURCHASE OF COUNTY LICENSE CERTIFICATES, TAGS AND
KENNEL/CATTERY LICENSES (THE EXEMPTIONS OF DOGS TRAINED
AND ACTUALLY BEING USED TO ASSIST BLIND PERSONS OR DEAF
PERSONS) THE INSPECTION OF KENNELS/CATTERIES; THE
CONFINEMENT OF FEMALE DOGS AND CATS IN HEAT; THE
QUARANTINE OF RABIES-SUSCEPTIBLE ANIMALS WHICH HAVE
BITTEN PEOPLE; THE SEIZURE AND DESTRUCTION OF AT-LARGE,
UNCLAIMED, AND VICIOUS ANIMALS; CONFINEMENT OF RABIES-
SUSCEPTIBLE ANIMALS WHICH HAVE BITTEN PEOPLE; THE
TREATMENT OF INFECTED OR INJURED ANIMALS; PROHIBITING
THE IMPROPER CARE OF ANIMALS; THE ENFORCEMENT OF THIS
ORDINANCE AND PENALTIES FOR VIOLATIONS OF THIS
ORDINANCE.
WHEREAS, the Board of County Commissioners recognizes that
it is necessary to enact an ordinance in the interest of the
public health, safety and general welfare to provide for the
control and regulation of animalsL including .stråi animals, .and
.animals that are nuisances, or infected or believed to be
- .. infected with~rabies or other communicable diseases, and
WHEREAS, the Board of County. Commis?ioners concludes that
the animal. population is constantïy increasing within the County
and animals are living in increasingly closer proximity to the
citizens of the County, that animals are subject to the disease
of rabies and other communicable diseases, and therefore there is
special need for regulation and inoculation of dogs and cats to
protect the public health, safety and general welfare, and
WHEREAS, it is necessary and proper for the County to impose
a license fee for the purpose of controlling and regulating dogs
and cats, due to their susceptibility to infection by rabies and
other ~ommunicable diseases, and
WHEREAS, it is necessary and proper for the County to impose
an applicable kennel/cattery license fee for the purpose of
controlling large numbers of dogs and cats,
NOW THEREFORE BE IT ORDAINED BY
COMMISSIONERS OF LAKE COUNTY, FLORIDA:
THE
BOARD
OF
COUNTY
Section 1.
Short Title
This Ordinance shall be known and may be cited as the "Lake
County Animal Control and Cruelty to Animals Ordinance.
Section 2.
Enactment of Ordinance and Repeal of Prior Ordinance
This ~rdinance is enacted under the home rule power of Lake
County for the purpose of providing necessary regulation of
animals in the interest of the public health, safety and welfare
of the citizens and inhabitants of Lake County. This act shall
apply and be enforced in all unincorporated areas of Lake County,
and repeals all prior Lake County Animal Ordinances.
Section 3. Definitions ~
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When used in this act the following words shall meaœ:
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(a)
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"Animal" shall mean any living dumb creature. -<
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(b) "Animal Control Employee" shall mean any person
employed or appointed by the Board òf County Commissioners
authorized to handle the responsibilities of the Animal Control
Department. This term shall include, but is not limited to those
persons designated as Animal Control Officers.
(c) "Animal Control Officer" shall mean any person employed
or appointed by the Board of County Commissioners to enforce the
provisions of this Ordinance and 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 Ordinance. An Animal Control Officer is not
authorized to bear arms or make arrests.
(d) "Animal in
abandoned, neglected,
wounded.
distress" shall mean any
cruelly treated, injured,
animal found
starving or
(e) "At-large animal" shall mean any animal which shall be
off the premises of the owner, and which is not under or in the
control, custody, charge or possession of the owner or other
responsible person by means of leash, chain, or effective voice
command. Provided that this Section shall not apply to dogs
being used for the purpose of hunting in authorized areas during
authorized seasons within Lake County.
(f) "Board" shall mean the Board of County Commissioners of
- -. -Lake County. .-
(g)
County.
"County" shall
mean the ,~nincorporated areas of Lak&
(h) "Citation" shall mean 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.
committed.
The
date
and
time
the
civil
infraction
was
4.
The facts constituting the probable cause.
5.
The section of the Ordinance violated.
6.
The name and authority of the officer.
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7. The procedure for the person to follow in order to
pay the civil penalty or to contest the citation.
8. The applicable civil penalty
to contest the citation.
if the
person elects
9. The applicable
not to contest the citation.
civil penalty if the person elects
10. A conspicuous statement that if the person fails
to pay the civil penalty within the time allowed, or fails to
appear in Court to contest the citation, then he shall be deemed
to have waived his right to contest the citation and that in such
case, judgment may be entered against the person for an amount up
to the maximum civil penalty.
(i) "Department" shall mean the Lake County Animal Control
Department.
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(j) "Effective Voice Command" shall mean voice control by
a competent person who at all times prevents the animal from in
any manner disturbing the peace, comfort, property, safety and
general welfare of any person.
(k) "Kennel/Cattery" shall mean any premises, operation, or
business used for the commercial boarding, breeding, training,
buying, selling or rearing of dogs or cats, regardless of number,
only as allowed by the Zoning Regulations of Lake County; or, any
premises where five or more dogs over the age of six months, or
five or more cats over the age of six months, are kept, harbored,
or maintained, only as allowed by the Zoning Regulations of Lake
County.
(I) "Licensed veterinarian" shall mean
licensed to practice in the State of Florida.
any veterinarian
(m)
"May" is permissive.
(n) "Nuisance" shall mean conduct causing habitual noise or
habitual disturbance of the peace, or injury to the public safety
and general welfare.
(0) "Officer" shall mean any law enforcement officer
defined in F. S. 943.10, any veterinarian defined in F. S.
474.202 or any animal control offi~er. ' '
. "...' (p) '~Owner" shall mean "any-person owning, keeping,
possessing, boarding, controlling, or harboring an animal for
more than three days..
(q) "Rabies Susceptible" shall mean all warm-blooded
animals which are capable of contracting rabies, and which are
domestic by nature, or domesticated or tamed.
(r) "Releasing Shelter" shall mean any public or private
animal shelter or animal control agency or kennel or cattery
operated by a humane society or. by the County which permits
animals to be given or sold for adoption.
(s)
"Shall" is mandatory.
(t) "Shelter" shall mean the premises designated by the
Board of County Commissioners for their purpose of impounding and
caring for animals taken into custody for violation of or
pursuant to this Ordinance.
(u) "Vicious animal" shall mean any animal that has made
unprovoked attacks on any person or any animal, or which has, for
no observable reason, caused bodily harm to any person or any
animal.
Section 4.
Entry Power of Animal Control Officer
The Animal Control Officer shall have the right to enter
upon any public property or may enter private property with the
oral or written consent of owner or proper warrant or as
otherwise provided by law within the County, for the purposes of
examining or capturing any animals. Said officer shall have
appropriate official identification with him which identifies
said officer as an agent of the County when he enters private
property for the purposes of this section.
Section 5.
Employee
Unlawful Interference with Animal Control Officer or
It shall be unlawful to interfere with or threaten bodily
injury to any Animal Control Officer or Employee in the legal
performance of his duties, or to take or attempt to take an
ANIMAL CONTROL ORDINANCE
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animal from any Animal Control Officer or Employee or from any
vehicle used by him to transport any animal; or to take or to
attempt to take any animal from the Animal Shelter without proper
authority. Violation of this Section is a Group III infraction
as described in Section 22.
Section 6.
Construction, Maintenance, and Uses of Animal Shelter
The Board may construct, operate and maintain, a County
animal shelter or subshelter for the purpose of impounding
therein animals that are apparent at-large animals, apparent
vicious animals that are not properly secured or restrained by
its owner or keeper, animals that are apparent nuisances, or
animals having or believed to have rabies or any infectious or
contagious disease, or dogs and cats not licensed and/or rabies
inoculated as required by this Ordinance.
Section 7.
-Impoundment Fees and Per Diem Rates
The Board may promulgate and establish reasonable
impoundment fees and per diem rates for keeping animals impounded
under the provisions of this Ordinance. The owner or keeper of
the impounded animal shall pay the fees and per diem rates before
the animal is released. Fees collected shall be deposited in the
general revenue fund of the County.
Section 8.
County License Certifiqates and-Vaecinai~on Required
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-(a)
"Individual Animal.License
(1) Every owner or keeper~of a dog or cat four months
old or older residing in any unincorporated area of Lake County,
shall obtain a Lake County license certificate "and metal tag.
Said certificates and metal tags shall be furnished by the Board
to the issuing agents who shall be either Animal Control
Employees or designated veterinarians licensed by -the State of
Florida. The Board shall establish the fees to be charged for
the license certificates and metal tags, and shall. establish the
portion of the license fee which will be retained -by the issuing
agents as reimbursement for their expenses in issuing the license
and tag. The metal tag must be worn at all times by the dog or
cat, provided however, hunting dogs in authorized areas during
authorized seasons shall be exempt from wearing County license
tags, but must have some form of collar identification.
(2) Prior to the issuance of a County license
certificate and tag, every owner or keeper of a dog or cat shall
cause said dog or cat to be vaccinated against rabies by a
licensed veterinarian, or licensed veterinarian assistant acting
as the authorized ?gent of a licensed veterinarian. Evidence of
vaccination shall consist of a certificate signed by the person
administering the vaccine and containing pertinent. data for the
identification of the dog or cat. One copy of the certificate
shall be given to the animal owner, one retained by the person
administering the vaccine, one filed with the Department, and one
filed with the Clerk of the Board of County Commissioners. In
the event that a non-resident owner or keeper of a-dog or cat
shall bring a dog or cat into Lake County, the owner or keeper
may obtain a license certificate and metal tag by furnishing to
an issuing agent proof that the dog or cat has been vaccinated
against rabies within the past twelve (12) months by a licensed
veterinarian or licensed veterinarian assistant acting as the
authorized agent of a licensed veterinarian.
(3) The annual County license certificate and tag
shall be valid for one year, beginning with the current rabies
vaccination date and ending with the expiration date of the
rabies vaccination certificate.
(b)
Kennel or Cattery License
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(1) Each person who owns or operates a kennel or
cattery, as allowed by the Zoning Regulations of Lake County,
shall pay an annual licenSing fee. The Board shall establish the
fees to be charged for the license. The' kennel or cattery
license will be issued only upon proof that each dog or cat kept
or maintained has been vaccinated as provided in Section 8,
subsection (a) (2). Said license is valid for the fiscal year,
beginning October first and ending September thirtieth.
Applications for licenses shall be made to the Lake County Animal
Control Department and may be made prior to and for thirty days
after the start of the licensing year without penalty. But when
application is made after thirty days of the licensing year has
elapsed, the dog or cat owner shall be assessed a penalty of 100%
of the license fee which amount shall be added to and collected
with the regular license fee; provided however, no penalties
shall be assessed against the owners and operators of kennels or
catteries which were not subject to licensing until after the
start of the licensing year, if the license is obtained within
thirty days after beginning any operations as a kennel.
(2) The owners and operators of any kennel or cattery
shall properly feed and care for all animals in their custody, so
that the facility is not allowed to become a nuisance or to emit
such offensive odors or noises as shall disturb the comfort,
peace, quietude, or repose of any person residing in the vicinity
of the said facility. The premises'of such kennel' or cattery may
J:;>e periodical,ly inspected during reasonable hours by. a County
- -. -Animal Control- Officer. The An"imal. Control Officer shall issue
a citation if any kennel or cattery is not kept in a clean and
sanitary condition, and failure' to'co~rect the unclean and
unsanitary'condition shall result in the closing of the kennel ~r
cattery and the revocation of the kennel or cattery license.
Violation of this Subsection is a Group II infraction as
described in Section 22.
(3) (a) Any violation of this Ordinance may result in
the revocation or suspension of the kennel or cattery license.
When the Department has reasonable cause to believe that grounds
for the denial or revocation of a license exists, it shall notify
the applicant or the licensee in writing stating the grounds upon
which the license is being denied or revoked. If the applicant
or licensee makes no written request for a hearing to the
Department within fifteen (15) days from receipt of such notice,
the license shall be deemed denied or revoked.
(b) If a request for a hearing is made to the
Department, a hearing shall be held within thirty (30) days and
shall be conducted by the Board of County Commissioners.
(c) An applicant or licensee shall have the right to
appeal a decision of the Board of County Commissioners to the
appropriate court.
(c)
General Regulations
(1) Dogs that are properly trained and actually being
used to assist blind persons or deaf persons shall be exempt from
the license fee requirements of this Ordinance.
_(2) No unauthorized person shall remove or cause to be
removed the collar or tag of any licensed animal within Lake
County.
Section 9.
Housing and Care of Animals
(a) Every person, within Lake County who owns any animal,
or who owns, conducts, manages, or operates any animal
establishment for which a license is required by this ordinance,
shall comply with the following subsections, if applicable.
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(b) Housing facilities for animals shall be structurally
sound and shall be maintained in good repair, to contain, to
protect the animqls from injury, and to restrict the entrance of
other animals. All animal rooms, cages, kennels, shipping
containers, 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,
display, and sales and storage areas shall be maintained in a
healthful and sanitary condition. These areas shall be cleaned
and disinfected regularly as conditions warrant. All areas in
which animals are confined shall be connected to an outside
ventilating system or some other appropriate means of
ventilation, or air filtration should be provided. The area
shall be illuminated during the daylight hours but not'directly
into cages.
(c) All cages are to be constructed of a non-absorbent
material. All cages, except bird cages, shall have floors of
either solid construction or woven or wire mesh construction, or
any combination thereof. Cages having woven or wire mesh floors
may be used to confine animals provided that the spaces between
the wire mesh or weave are smaller than the pads of the feet of
the animals confined therein. Cages having wire construction
shall be constructed of wire which is of sufficient thickness so
as to preclude injury to the animals confined therein. Cages
shall be of sufficient height to p_ermi teach änimäf' to si t erect
with at least four inches clearance above the head, and of
- --sufficien~ width to permit each animal to t~rn -aro~nd with at
least four inches clearance beyond the length of the body, and of
sufficient length for each animal- tQ'wal~ the equivalent of its
body length. No cages shall be enélosed entirely by solid walls.
Stacked cages shall have solid floors. Each cat, if crated,
shall have minimum floor space of 576 square inches, and a height
of 24 inches. Each cat crate shall have a litter pan. Each bird
cage shall contain at least two horizonal perches and provide
sufficient perch space for every bird confined therein. Perches
shall not be aligned vertically. Parrots and other 'large birds
shall not be confined in a cage with smaller birds, or in a cage
smaller than their wing span.
(d) No ~nimal shall be transported by a commercial kennel,
commercial cattery, pet shop, dealer, whether by private or
public means, unless housed in a container designed for that
purpose including provisions for adequate ventilation and food
and water. The container must be open at one end, having a solid
top and bottom, and a minimum of fifteen per cent (15%) of the
total accumulated side and end area shall incorporate an open
grill for air circulation.
(e)
Any bedding utilized shall be clean and dry.
(f) Animals, except fish of different species may not b~
confined or displayed in the same cage. All animals which are
natural enemies, temperamentally unsuited, or otherwise
incompatible shall not be quartered together or so near each
other as to cause injury, fear, or torment. If two or more
animals are so trained or inclined by nature that they can be
placed together and do not attack each other or perform or
attempt any hostile act to the others, such animals shall be
deemed not to be natural enemies and shall not be required to be
kept in separate runs or accommodations or otherwise segregated.
Likewise any animal which exhibits symptoms of disease or illness
shall be separated to the greatest extent possible from other
healthy animals. No animal which is known to have, or may
reasonably be suspected of having, a disease contagious or
communicable to humans, may be exposed to or offered for sale to
the public.
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(g) All animals requiring the'daily intake of food shall be
fed at least once every twenty-four . 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. Dogs and cats under six months of age shall be fed
twice each twenty-four hours, including Sundays and holidays.
The food containers shall be emptied and cleaned daily. In
addition to birdseed and water, each bird cage shall contain an
amount of fresh gravel needed for digestion sufficient for the
number of birds confined therein.
(h) 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.
(i) Dogs which have been weaned shall be taken from cages
and allowed to exercise each and every day, .inc1uding Sundays and
holidays.
(j) All animals exhibiting symptoms of illness or disease
shall be treated by a licensed veterinarian. If required,
diseased animals shall be humanely destroyed under the
supervision of a licensed veterinarian or Animal Control Officer.
Every licensed facility shall keep a permanent record of the
deaths of any warm-blooded anima~s under' its cohtro1. Such
record shall state species of the deceased animal and the date
- .-. and the cause -0f death, if known. .Th~se records shall. be open to
inspection by an Animal Control Officer.
(k) 'Whenever an animal is lèft 'unattended at a commercial
animal facility, the name and telephone number of the responsible
person shall be posted in a conspicuous place at the front of the
property, visibl~ from outside the facility.
(1) Every licensed facility shall keep on record a medical
statement from or notation of consultation with a licensed
veterinarian, if for any reason an animal in its care would need
to be exempted from any requirement of this Section.
Section 10.
Female Dogs or Cats in Heat
Female dogs or cats in heat shall be kept under restraint
upon private premises inaccessible to male dogs or" cats in the
area. Female dogs or cats in heat not properly confined shall be
impounded. Violation of this Section is a Group II infraction as
described in Section 22.
Section 11.
At-large Animals
No animal owner or person having charge, care, custody or
control of any animal shall permit, either willfully or through
failure to exercise due care and control, any animal to run at
large upon any public property, or off the premises of the owner,
except hunting dogs in authorized areas during authorized
seasons. Any at-large animal not properly restrained may be
impounded.
Section 12.
Vicious Animals
Any vicious animal must be properly secured and restrained
at all times. Any vicious animal not properly restrained may be
impounded. Violation of this Section is a Group III infraction
as described in Section 22.
section 13.
Urinating and Defecating
No animal owner shall permit, either willfully or through
failure to exercise due care and control, any animal to s~il,
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defile, urinate or defecate on any private or public property,
other than that of the owner, without expressed or implied
consent.
Section 14.
Noisy Animals
It shall be a violation of this Ordinance for any animal
owner to permit, either willfully or through failure to exercise
due care and control, any animal to bark, cry, howl, whine, or
cause other objectionable noises which create a nuisance to
neighbors or in the vicinity; provided, however, that the
provisions of this Section shall not apply to dogs engaged in a
hunt in authorized areas during authorized seasons.
Section 15.
Damaging or Destroying Property or Animals
No animal owner shall permit, either willfully or through
failure to exercise due care and control, any animal to damage,
harm, or destroy the property or animal of another person.
Section 16.
Odors
No animal owner shall permit, either willfully or through
failure to exercise due care and control, an animal to be
maintained on the premises in such a manner as to emit such
offensive odors which disturb the comfort, peace, or repose of
any person residing in the vicini tY.. ~ . -.
- .-. Section 17. .Confinement of Rabies-Su~ceptible Animals Which Have
Bitten People
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Physicians, veterinarians, ãñima"l owners, or any other
persons having knowledge that a rabies-susceptible animal has
bitten a person, or that an animal is exhibiting symptoms
suggestive of rabies, shall report same immediately to the State
Health Officer or his duly authorized representative. The said
rabies-susceptible animal may be confined 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 representative. Any expense incurred in handling
the rabies-susceptible animal during this period shall be borne
by the owner. Violation of this Section is a Group III
infraction as described in Section 22.
Section 18.
Surrender of Animals
(a) Any person surrendering his own animal to the County
Animal Shelter, or Animal Control Officer, or any person acting
as the agent for the owner, shall sign an ownership-release
statement. The Animal Control Employee may permit the adoption
of the animal to a new owner, or may destroy the animal and
dispose of its remains. In either event, the owner or keeper
shall not be entitled to compensation.
(b) Any person, other than an Animal Control Officer,
surrendering an animal not his own, shall disclose the identity
of the owner, if known, or must sign a statement that he does not
know the identity of the owner or keeper of said animal. The
animal shall be confined for five days. At the expiration of
said five days, the animal shall be deemed unowned and the Animal
Control Employee may permit the adoption of the animal to a new
owner, or may destroy the animal in a humane manner and dispose
of its remains. In either event, the owner or keeper shall not
be entitled to compensation.
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Section
Animals
19.
Impoundment,
Redemption,
Adoption,
Disposal of
(a) In the absence of proper control by an owner, an animal
may be taken into custody by an Animal Control Officer in
accordance with the provisions of this Ordinance.
(1) Should the animal bear no indicia of ownership,
the animal shall be confined for five days. At the expiration of
said five days, said animal shall be deemed unowned and the
Animal Control Employee may permit the adoption of the animal to
a new owner, or may destroy the animal in a humane manner and
dispose of its remains. In either event, the owner or keeper
shall not be entitled to compensation.
(2) Should the animal bear an indicia of ownership,
the Animal Control Employee shall attempt to notify the owner.
Said animal shall be confined for five days from the date of
impoundment. At the expiration of five days, or a reasonable
time thereafter, said animal shall be deemed unowned and an
Animal Control Employee may permit the adoption of the animal to
a new owner, or may destroy the animal in a humane manner and
dispose of its remains. In either event, the owner or keeper
shall not be entitled tq compensation.
(b) Live animals may not be disposed of t~ any medical
school, college, university, firm,- association, corporation, or
person for experimentation or vivisection purpos~s, .or to any
. .".~uþplier with-the same purposes.
(c) Animals shall be released .to owners only upon
presentation of proof of ownership;-.upon presentation of proof of
rabies inoculation or payment for same, if applicable; and upon
payment of the fees for impoundment and per diem. These fees are
promulgated and established by the Board.
(d) Any dog or cat in the custody of the Department, shall
not be adopted until fees are paid to include rabies inoculation;
county license tag, if applicable, and sterilization, if
applicable, as provided below. These fees are promulgated and
established by the Board.
(e) Before any dog or cat is sold or released to a new
owner for adoption from a releasing shelter, such animal, unless
already properly sterilized, shall be properly sterilized by a
licensed veterinarian, expect as provided in (f) of this Section.
(f) Whenever a dog or cat proposed to be adopted is of
insufficient maturity for sterilization or whenever a licensed
veterinarian shall state in writing that there exists a valid
medical reason why ~uch animal ~hould not be sterilized by the
proposed date of rélease, the releasing shelter shall enter into
a written agreement with the adopter, guaranteeing that
sterilization will be perfQrmed within 30 days or prior to sexual
maturity. Upon the request of a licensed veterinarian, and for a
valid medical reason, the releasing shelter shall extend the time
limits within which the animal must be sterilized. Violation of
this Subsection is a Group II infraction as described in Section
22.
(g) The releasing shelter shall require from an adopter
entering into such an agreement, a fee in such reasonable and
sufficient amount as shall be determined, promulgated, and
established by the Board. The adopter will receive, from the
Department, a Certificate certifying that the sterilization fee
has been paid. The fee received by the Department will be paid
to a licensed veterinarian. The adopter will present the
Certificate to the veterinarian. The veterinarian will perform
the sterilization and then send the Certificate to the
Department. The return of the Certificate to the Department
ANIMAL CONTROL ORDINANCE
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allows the Department to
actually been sterilized.
monitor
which
dogs
and
cats have
(h) All costs of sterilization pursuant to Section 19 (e)
shall be paid by the prospective adopter prior to the release of
the dog or cat.
(i) All costs of sterilization pursuant to Section 19 (f)
and any legal fees or court costs used for the enforcement of the
provisions of Section 19 (e), (f), (g), (h) and (i) shall be paid
by the prospective adopter. Upon the failure of the adopter to
comply with the provisions of Section 19 (f), (g) and (i), the
releasing shelter is authorized to reclaim the unsterilized dog
or cat without reimbursement to the person or persons violating
said provisions. Failure by the adopter or by the releasing
shelter to comply with the provisions of Section 19 (e), (f),
(g), (h) and (i) shall be noncriminal violation as defined in
775.08(3) Florida Statutes and shall be punishable by a fine not
to exceed One Hundred Dollars.
(j) The provisions of (e), (f), (g), (h) and (i) of Section
19 shall not be construed to apply with regard to the release of
an impounded dog or cat to its owner.
Section
Animals
20.
Treatment
or
Destruction of Infected or Injured
, .'
(a) .If any animal is impounded because it is infected or
. - ". carrying, - or .believed to be infected or" carrying an infectious or
contagious disease, or if any animal. is impounded in an injured
condition, the Animal Control Employee shall have authority to
procure th~ services of a license~. veter{narian to treat said
animal, if' in the opinion of the Animal Control Employee or the
veterinarian it can be treated successfully.
(b) If' the health or safety of the citizens of Lake County
would be jeopardized, or the principles of humane treatment would
be violated by the continued existence of an infected or injured
animal, it may be destroyed by a licensed veterinarian or an
authorized Animal Control Officer after an attempt has been made
to notify the owner; and the animal or its remains will be
disposed of without compensation being paid to the owner or
keeper.
Section 21.
Animal Cruelty' or Neglect
No person, either willfully or negligently, shall deprive food,
water, shelter, or protection to any animal under his control
and/or custody; or abandon, poison, beat or whip any animal under
his, another's, or no one's control and/or custody; to kill any
animal under his, another's, or no one's control other than for
humane purposes; or to mutilate, overdrive, overload, overwork,
torment, torture, or otherwise crueliy ill-use any animal,
including but not limited to, animal fighting. Violation of this
Section is a Group III infraction as described in ,Section 22.
Section 22.
Violation and Enforcement
(a) It is a civil infraction to violate any provision of
this Ordinance. The civil penalty for such infraction is
categorized as either a Group I, Group II or Group III violation.
(b) A Group III violation is a $250.00 fine. A Group II
violation is a $100.00. fine. Group I violations are all
violations of this Ordinance not specifically designated as Group
II or Group III and the penalty for a Group I violation is
$35.00.
(c)
Any person issued a citation pursuant to this Ordinance
may:
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(1) Pay the civil penalty, either by mail or in
person, within 10 days of the date of receiving the citation; or,
(2 )
Contest the citation in County Court.
(d) Any person electing to contest the citation and
" choosing to appear in County Court shall be deemed to have waived
the limitations on the civil penalty specified in subsection (a).
The Court, after a hearing, shall make a determination as'to
whether an infraction has been committed. If the commission of
an infraction has been proven, the Court may impose a civil
penalty not to exceed $500.00.
(e) If a person is found to have committed an infraction by
the hearing official, that person may appeal that finding to the
Circuit Court.
(f) Any person who willfully refuses to sign the citation
issued by an Animal Control Officer is guilty of a misdemeanor of
the second degree, punishable as provided in Florida Statutes
775.082, Florida Statutes 775.083, or Florida Statutes 775.084.
(g) Any person who has not
not paid the fine specified in
days is guilty of a misdemeanor
"as provided .in Florida Statute
- -. or" Florida Statute 775.084.
requested a hearing and who has
subsection (a) within ten (10)
o~ the second degree punishable
775.082, Florida ~tat~te 775.083
Section 23.
Rules and Regulations Yo~Impl~ment Provisions
The Board may enact reasonable rules and regulations to
implement and carry out the provisions of this Ordinance,
including, but not limited to, the right to regulate or exempt
certain animals from this Ordinance or to expand to include
additional animals.
Section 24.
Severability
It is declared to be the Board's intent that, if any
section, subsection, sentence, clause or provision of this act is
held invalid, the remainder of the Ordinance shall not be
affected.
Nothing in this Ordinance shall be held to limit the
authority, duties and responsibilities of the State Board of
Health, the State Health Officer and duly qualified agencies as
defined by Statute.
The provisions of this Ordinance will supercede and take
precedence over any section or provision of Special Acts or
Ordinances currently in effect which may be in conflict.
Section 25.
Effective Date
This Ordinance shall take effect upon the first and only
reading, and upon being filed with the Department of State, State
of Florida.
ANIMAL CONTROL ORDINANCE
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8
DONE AND ORDAINED this 3
1987, in regular session of the
Commissioners.
day of March
Lake County Board of County
LAKE COUNTY BOARD OF COUNTY
COMI1ISSIONERS
C. WATKINS, CLERK
DJB/ph
Ordinanc
co
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ANIMAL CONTROL ORDINANCE
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