§ 14-35. Definitions.
As used in this article the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise.
Abandon or Abandonment means to give up possession of, to neglect, to forsake an Animal entirely or to refuse to provide or perform the legal obligations for the care and support of an Animal by its Owner or Owner's agent.
Adoption Fee means remuneration to recover the costs of feeding, sheltering, and providing care for an animal without profit.
Animal means any dumb living creature.
Animal Services Director means the Director of Sarasota County Animal Services, or his or her designee, who is authorized to administer and enforce the provisions of this article. The County Sheriff may designate an employee under his administration as Animal Services Director or, through mutual agreement, may designate a Sarasota County constitutional officer or his designee as Sarasota County Animal Services Director. Sarasota County Animal Services is the Animal Control authority described in the statute.
Animal Services Officer means any Person employed or appointed by the Animal Services Director who is authorized to investigate, on public or private property, civil infractions or criminal infractions relating to Animal Control or Cruelty and issue Citations as provided in this article. The term includes the term "Animal Control Officer" as defined in the statute. An Animal Services Officer is not authorized to bear arms or make arrests.
Animal Shelter means any state, county, or municipal animal shelter, or animal control facility devoted to the rescue, care and adoption of stray, abandoned, or surrendered Animals, and which does not breed Animals.
Animal Welfare Organization means a duly incorporated non-profit organization that has tax exempt status under Section 501 of the United States Internal Revenue Code, whose mission is devoted to the welfare, care, and adoption of stray, abandoned, or surrendered Animals, and which does not breed Animals. An Animal Welfare Organization does not auction, barter, display for sale, offer for sale, or sell Animals, but rather only accepts an Adoption Fee.
At Large means off the premises of the Owner and not under the Direct Control, custody, charge, or possession of the Owner. A police dog or police horse, as defined in F.S. § 843.19, while in use by a law enforcement agency, shall not be deemed to be At Large.
Attack(s) means to set upon with violent force, including the making of an attack, launching of an assault, or chasing in a menacing fashion. The term does not include accidental, startled, or playful behavior by the Animal. Further, the term does not include behavior wherein the Animal is acting in self-defense or to protect its Owner from reasonable and imminent threat.
Bite(s) shall mean any cut, puncture, or breakage of skin or tissue made with the teeth or fangs of any Animal.
Board means of the Board of County Commissioners of Sarasota County.
Bond means a written promise by the Owner to pay the costs of care, maintenance and custody of the Animal during the Owner's appeal of Animal Services Director's initial determination, as set forth in Section 14-40, to the Special Magistrate. The bond shall be in a form approved by Animal Services and backed by either an approved surety or cash in an amount not less than $500.00. In the event that an Owner seeks an additional appeal(s) of the Special Magistrate's order to circuit court or other higher court, a new bond may be required in an amount not less than $1,000.00.
Cat means an Animal of the Felidae family of the order Carnivora.
Certificate of Source means a document which includes the following information about the Dog or Cat involved in any Retail Sale at a Commercial Establishment:
(1)
the name, address, telephone number, and email address of any breeder, wholesaler, and transporter:
(2)
breed;
(3)
color;
(4)
age;
(5)
approximate weight; and
(6)
the signatures of the breeder, wholesaler, and transporter.
Citation means 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)
The date and time the civil infraction was committed;
(4)
The facts constituting probable cause;
(5)
The Ordinance violated;
(6)
The name and authority of the Officer;
(7)
The procedure for the Person to follow in order to pay the civil penalty or to contest the Citation, or to appear in court if a court appearance is mandatory;
(8)
The applicable civil penalty if the Person elects to contest the Citation;
(9)
The applicable civil penalty if the Person elects not to contest the Citation;
(10)
A conspicuous statement that if the Person neither pays the civil penalty nor contests the Citation within 30 days after issuance of the Citation, he shall be deemed to have waived his right to contest the Citation and that, in such case, the County Court shall enter judgment against the Person in the amount of the Citation, plus court costs, recording fees, and all surcharges required by this article; and
(11)
A conspicuous statement that if the Person is required to appear in court as mandated by Section 14-51(f), he does not have the option of paying a fine in lieu of appearing in court.
Civil Penalty shall mean a sum of money assessed as pecuniary penalty for a violation of any provision of the Ordinance.
Claw(s) shall mean to scratch, dig, tear or pull with a sharp, curved horny structure at the end of a toe of an Animal.
Code Enforcement Officer means any designated employee or agent of Sarasota County whose duty it is to enforce codes and ordinances enacted by Sarasota County. Employees or agents who may be Code Enforcement Officers for purposes of this Article may include, but are not limited to, code inspectors, law enforcement officers and law enforcement civilian employees, building inspectors, or fire safety inspectors.
Commercial Establishment shall mean a business which is open to the public and that engages in a Retail Sale.
Community cat shall mean a Feral Cat which has been spayed/neutered, vaccinated, ear-notched, and tattooed or microchipped.
Confine or Confinement shall mean to hold or restrict an Animal in a designated area. Proper confinement shall mean to humanely, safely, and securely hold or restrict an Animal in a designated area.
County means Sarasota County, Florida.
County Health Officer means the Sarasota County Public Health Unit Director or his designee.
Cruelty or Cruelly treated means any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an Animal.
Dangerous Dog shall be defined in accordance with F.S. § 767.11.
Designee means any Person designated by the Animal Services Director to act on behalf of such Director.
Department shall mean the Sarasota County Sheriff's Office Animal Services.
Direct Control shall mean immediate and continuous physical control of an Animal at all times such as by means of a fence, leash, cord or chain of sufficient strength to restrain the Animal.
Dog means, but expressly is not limited to, domestic dog, Canis familiaris, and any genetic hybridization thereof, including, but expressly not limited to, wolf hybrids and coyote hybrids, that is not under the jurisdiction of the Florida Fish and Wildlife Conservation Commission.
Domestic Animal means any equine or bovine Animal, goat, sheep, swine, dog, cat, poultry or other domestic beast or bird. The term refers to those Animals that have historically been domesticated by humans, and does not refer to whether the animals are tame or feral.
Exposure to rabies shall mean an action whereby a potentially rabid Animal has bitten, clawed, scratched or put its saliva in contact with the mucous membrane or an open lesion of another animal or human being.
Fee shall mean money chargeable pursuant to this article that is not assessed as a pecuniary penalty for violation of this article.
Feral Cat means any Cat born either wild or domesticated and has reverted to a wild nature, whose owner is unknown, that roams free, and typically resides with other Cats in colonies. Feral Cats include Community Cats.
Ferret shall mean any member of the domestic ferret species Mustela putorius furo, regardless of age.
Hobby Breeder means a person that barters, offers for sale, displays for sale, or sells, Cats, Dogs, or both, only from the premises on which they were bred or reared, and is in compliance with the Zoning Regulations in Appendix A of this Code.
Humane manner or Humanely shall mean the responsible practice of good animal husbandry, management and care in regard to feeding, watering, ventilation, space and confinement, exercise, lighting, shelter with protection from the elements, handling and treatment in a manner consistent with the physical and behavioral needs of the species as more particularly described in the County's animal care standards promulgated by the Department. The definition also includes the provision of euthanasia consistent with lawful practices.
Impound or Impoundment shall mean the taking of an Animal into custody through lawful means by the Department.
Intact shall mean any Dog or Cat that has not been spayed or neutered.
License Certificate means a Sarasota County License Certificate issued pursuant to this article.
License Tag means a Sarasota County License Tag issued pursuant to this article, or other license tag issued by another governmental entity recognized as valid by the Animal Services Director.
Licensed Veterinarian means any Person who is licensed to engage in the practice of veterinary medicine in Florida under the authority F.S. ch. 474.
Officer means any law enforcement Officer defined in F.S. § 943.10, or any Animal Services Officer.
Official Certificate of Veterinary Inspection (Health Certificate) shall mean a legible certificate of veterinary inspection signed by the examining Veterinarian that shows the age, sex, breed, color and health record of the Dog or Cat, the printed or typed name of the examining Veterinarian, and the Veterinarian's license number. It must list all vaccines and deworming medications administered to the Dog or Cat, including the manufacturer, vaccine type, lot number, expiration date, and the date the examining Veterinarian warrants that, to the best of his or her knowledge, the Dog or Cat has no signs of contagious or infectious disease and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks.
Ordinance means any Ordinance enacted by the Board, relating to the control of or Cruelty to Animals.
Owner shall mean any Person who owns, possesses, has custody or control, gives shelter, feeds, confines, boards, keeps, houses, or is in charge of, or tends any Animal, for a period of five or more days. The term includes any agent of the Owner acting on his or her behalf.
Owner release and surrender statement shall mean an animal release form or statement signed by the owner which relinquishes and vests all ownership and possessory rights to the County.
Person means any individual, partnership, firm, joint stock company, corporation, association, trust, society, estate, other legal entity or business unit owning, harboring an Animal, or with apparent control over an Animal.
Premises means a dwelling together with its surrounding land and grounds.
Provoke or provocation means the act of inducing or inciting an Animal to an immediate Attack. Any person or Domestic Animal that is acting peacefully and lawfully at the time immediately prior to an Attack cannot be said to have provoked an Attack.
Public Common Area shall mean an outdoor area open to the public such as parks or recreation areas.
Public Thoroughfare, Public Common Area, and Flea Market Sales means the sale or transfer, offer for sale or transfer, auction, barter, display, advertisement for sale, giving away or otherwise disposing of any live Dog or Cat on any public thoroughfare, public common area, roadside area, in any parking lot, or in any flea market, to any member of the public.
Quarantine shall mean the strict, humane, confinement, isolation and observation of an Animal suspected of carrying or being infected with rabies or some other contagious disease.
Rabies Vaccination shall mean inoculation with a United States Government-approved vaccine for the prevention of rabies and administered by a licensed Veterinarian.
Registration shall mean filing a Registration Certificate for an animal with the Department informing them of ownership and for rabies tag purposes.
Registration Certificate shall mean a document evidencing registration and vaccination for rabies of a Dog, Cat, or Ferret residing in the County which contains, at a minimum, the information required by F.S. § 828.30.
Retail Sale means the auction, barter, display for sale, offer for sale, or selling of any live Dog or Cat.
Secure Enclosure means an enclosure which adequately prevents escape and unauthorized access such as:
(1)
A building such as the Owner's dwelling; or
(2)
A kennel which measures a minimum of four feet by eight feet, which does not share common fencing with the perimeter of the premises, and which consists of a top and sides made from at least 11 gauge chain link wire and secured to a concrete floor by embedding the wire in the concrete or by using galvanized or steel pipe and ties, and provides protection from the elements.
Severe injury shall mean any physical injury that results in broken bones, multiple bites or claw wounds, or disfiguring lacerations requiring multiple sutures or reconstructive surgery, or as further defined in F.S. § 767.11(3). A severe injury tends to be of a nature that creates a substantial risk of death or that causes permanent disfigurement or protracted loss or impairment of the function of any body part or organ.
Service animal shall mean any guide or signal dog or any other animal that is specially trained as a service animal to provide assistance to an individual with a disability.
Service animal user shall mean a person who has a disability and whom by reason thereof is aided by a service animal. When representing their animal as a "service animal," the animal must be actively engaged in the service to the person.
Shelter shall mean provision of and access to a three-dimensional structure having a roof, walls, and floor, which is dry, sanitary, clean, weatherproof and made of durable material. At a minimum the structure must: be sufficient in size to allow each sheltered Animal to stand up, turn around, lie down, and stretch comfortably; be designed to protect the sheltered Animal from the adverse effects of the elements and provide access to shade from direct sunlight and regress from exposure to inclement weather conditions; be free of standing water, accumulated waste and debris, protect the sheltered Animal from injury, have adequate ventilation, and provide a solid surface, resting platform, pad, floret, or similar device that is large enough for the Animal to lie on in a normal manner; and be properly lighted to provide a regular lighting cycle of either natural or artificial light corresponding to the natural periods of daylight unless otherwise directed by a Veterinarian. Structures with wire, grid or slat floors which permit the Animal's feet to pass through openings, sag under the Animal's weight or which otherwise do not protect the Animal's feet or toes from injury are prohibited except for birds where perches are provided.
Sterilized shall mean rendered permanently incapable of reproduction such as by surgical or chemical means.
Sustenance shall mean access to and the provision of palatable nourishment appropriate for the type of Animal which is to eat it, free from contamination and provided in a clean and sanitary manner. Food shall be of sufficient nutritional value to maintain the Animal in good health and shall be provided at suitable intervals for the species, age and condition of the Animal but not less than once daily except as otherwise prescribed by a Veterinarian or as dictated by naturally occurring states of hibernation or fasting normal of the species.
Tattoo shall mean an indelible mark made on a designated part of the Animal's body for the purpose of identification and Registration.
Tether shall mean to restrain an Animal by tying the Animal to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, running line, or other binding material. Tethering shall not include using a leash to walk an Animal.
Transfer shall mean to convey or shift ownership from one Person to another, with or without the exchange of money or other consideration.
TNR means a Trap, Neuter and Return program where stray Cats and Dogs are humanely captured, sterilized, vaccinated, and potentially released back into the area they were caught. This is a recognized program whose goal is disease prevention, population control and reduction in numbers of stray or unwanted Cats and Dogs.
Unjustifiable pain and suffering shall mean the character of an act which can not reasonably be excused, defended or vindicated (such as in connection with the practice of veterinary medicine, law enforcement activities, to end needless suffering, or in defense of person or other Animals).
Unprovoked means the victim, who has been conducting himself or herself peacefully and lawfully, has been bitten, chased in a menacing fashion, or attacked by an Animal.
Veterinarian shall mean an individual who is licensed to engage in the practice of veterinary medicine in Florida or is exempt from the state licensure requirements under the authority of F.S. ch. 474, or who is licensed in the area in which the Veterinarian is practicing if outside of the State of Florida.
Vicious Animal shall mean any Animal determined to meet one or more of the criteria listed in Section 14-40(a)(1)—(5) of this article.
Water shall mean provision of and access to clean, fresh potable water of a drinkable temperature which is free from contamination and provided in a suitable manner, in sufficient volume, and at suitable intervals to at all times maintain normal hydration for the age, species, condition, size and types of each Animal except as otherwise prescribed by a Veterinarian. An Animal confined outdoors shall have a continuous supply of clean, fresh and potable water, unless the Animal is under the direct supervision of a responsible Person at events such as Dog and Cat shows or field trials; in such cases, the responsible Person shall ensure sufficient Water is provided to the Animal in order to maintain normal hydration for the species of Animal.
(Ord. No. 95-042, § 5, 5-9-1994; Ord. No. 97-044, § 1(5), 6-17-1997; Ord. No. 99-020, § 2, 3-11-1999; Ord. No. 2004-111, § 2, 11-10-2004; Ord. No. 2009-050, § 2, 10-13-2009; Ord. No. 2010-053, § 1, 9-15-2010; Ord. No. 2015-089, § 4, 1-27-2016)