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O-171-C . . CODE ORDINANCES N~ 488 ORDINANCE NO. 171-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REPEALING ARTICLE II OF CHAPTER 4 OF THE CODE OF ORDINANCES; CREATING THE CLERMONT ANIMAL CONTROL ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The City Council of the City of Clermont, Lake County, Florida, hereby ordains that: SECTION 1. Article II of Chapter 4 of the Code of Ordinances of the City of Clermont is hereby repealed. SECTION 2. A new Article II of Chapter 4 is hereby created and shall be cited as the Clermont Animal Control Ordinance. SECTION 3. Definitions. a. Animal Shelter. Any premises or facilities designated by any governmental entity as a facility for the purpose of impounding and caring for animals. b. Animal Welfare Officer. The person designated by the City as its enforcement officer and any duly authorized law enforcement agent. c. At Large Animal. Any animal which shall be off the premises of the owner and which is not under or in the control of the owner or other responsible person by means of leash, chain, or effective voice command. d. Effective Voice Command. Voice control by a competent person which at all times prevents the animal from in any manner disturbing the peace, comfort, property, safety, and general welfare of any person. e. Nuisance. Conduct causing habitual noise or habitual disturbance of the pease, comfort, welfare, or injury to public safety. f. Vicious Animal. Any animal who has made an unprovoked attack on any person or animal or which has caused bodily harm to any person. SECTION 4. Licenses. '. a. Required: Application; Prerequisites to Issuance. No person shall own, ke~p 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 and shall . . CODE ORDINANCES ORDINANCE NO. 171-C N~ 489 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 within 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 annual 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 (1st) day of January. Applications for licenses may be made prior to February 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. f. Use of Receipt or Tag Issued for Another Dog. No person shall use for any dog a license receipt or license tag issued for another dog. g. License Tags; Specifications; Fastening to Collar or Harness. Upon complying with the provisions of Section 4-22, there shall be issued to the owner a numbered tag, stamped with the number and the year for which issued. The shape, color, design of such tag may be changed from year to year. The tag may include the owner's name. h. 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. 171-C N~ 490 SECTION 5. At Large and Vicious Animals. a. It shall be unlawful for any animal to run at large in any public park, public playground or recreation area or upon any other public property or off the premises of the owner. The owner or person in charge or possession of any animal shall be strictly liable under the provisions of this Ordinance. b. It shall be unlawful for any person having charge, care, custody, or control of any at large or vicious animal to fail to restrain said animal by leash, chain or in a properly confined or fenced area or under effective voice control. Any at large animal or vicious animal not properly restrained shall be impounded. c. It shall be unlawful for any person owning or having care, custody or control of an animal to allow said animal to become a public nuisance. SECTION 6. Impoundment. a. Length of Confinement; Disposal of Animals. Unlicensed dogs, or animals found running at large or vicious animals shall be taken by the animal welfare officer and impounded in the 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. Animals 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. No compensation shall be paid to the owner. 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 COunty animal shelter after the legal detention period has expired and the animal has not been claimed by its owner. c. Alternative Procedure When Owner of Animal Running at Large is Known. When animals are found running at large and their ownership is known to the animal welfare officer, and if such animals cannot be impounded, the animal welfare officer shall enforce the provisions of this Ordinance. d. Notice 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. . . CODE ORDINANCES ORDINANCE NO. 171-C N~ 491 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. SECTION 7. Redemption of Animals; Disposition Upon Failure to Redeem. a. The owner shall be entitled to resume possession of any impounded animal, upon compliance with the license provisions and the payment of impoundment fees set forth herein. Proof of ownership must be given. Proof 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. 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 provisions 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. SECTION 8. Impoundment Fees; Collection by Animal Welfare 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 FIVE AND NO/100 DOLLARS ($5.00), for each animal and the additional sum of ONE AND NO/100 DOLLARS ($1.00) for each day such animal is kept. Upon a second impoundment of the same animal, the owner may reclaim the animal upon payment of fee of TWENTY-FIVE AND NO/100 DOLLARS '($25.00) for the first day and ONE AND NO/100 DOLLARS ($1.00) for each additional day. Impoundment fees set forth herein shall be collected for the City, and such additional sums as herein provided for keeping animals shall be collected by the animal welfare officer for the City unless otherwise provided by City Council. SECTION 9. 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. . . CODE ORDINANCES N~ 492 ORDINANCE NO. 171-C b. Female Dogs or Cats in Heat. Every female dog or cat in heat shall be kept confined in a building or secure enclosure or in a veterinarian 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 judgement of the animal welfare officer or the humane society, an animal should be destroyed for humane reasons, such animal may not be redeemed. SECTION 10. Reports of 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. SECTION 11. Interfering with or Hindering Animal Welfare Officer in Performance of Duties. No person shall interfere with, hinder 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. SECTION 12. Penalty. Any person who violates any section of this Ordinance shall upon conviction be punished by fine not exceeding FIVE HUNDRED AND NO/100 DOLLARS ($500.00), or by imprisonment not to exceed sixty (60) days or both such fine and imprisonment. SECTION 13. All ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 14.. Should any section or part of this section be declared invalid by any Court of . . CODE ORDINANCES N~ 493 ORDINANCE NO. 171-C competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 15. This Ordinance shall be published as provided by law and it shall become law and shall take effect 30 days from the date of its Second Reading and Final Passage. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 9th DAY OF May , 1978. CITY OF CLERMONT BY: CLAUDE &; AT¡:IaAM~ kj ;;u~ßf.; DOLORES W. CARROLL - City Clerk APPROVED by me this 9th day of May , 1978 m CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 171-C was published on the 6th day of April ,1978, in a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes 166.041(3)(a), said date of publication being 14 days prior to the Second Reading and Final Adoption of the Ordinance. to£L~d M CAA~{{) DOLORES W. CARROLL - City Clerk