§ 4-2. Definitions.
As used in this chapter, the following words and phrases are defined as follows:
Abandon shall mean to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or responsible person. Such abandonment shall constitute the relinquishment of all rights and claims by the owner to such animal, in accordance with F.S. § 705.19. An animal will not be considered abandoned if the owner or keeper arranges for a person to feed, water, and monitor the animal's condition on a scheduled or regular basis. Intervals between monitoring, watering, and feeding shall not exceed twenty-four (24) hours.
Animal shall mean any living dumb creature.
Animal abuse crime shall mean a violation of any of the following provisions of Florida Statutes:
(1)
Section 828.12 Cruelty to animals.
(2)
Section 828.122 Fighting or baiting animals.
(3)
Section 828.123 Killing dog or cat with intent of selling or giving away pelt.
(4)
Section 828.125 Killing or aggravated abuse of horses or cattle.
(5)
Section 828.126 Sexual activities involving animals.
(6)
Section 828.13 Confinement of animals without sufficient food, water, or exercise; abandonment.
Animal abuse offender shall mean any person, eighteen (18) years of age or older, convicted of an animal abuse crime in Marion County, except youthful offenders whose convictions or adjudications include sealed records.
Animal abuser registry shall mean the on-line registry established by this chapter for registering any animal abuse offender residing in the county. The registry shall initially be created and maintained either by a department specified by the county administrator, or pursuant to an agreement with a third-party administrator. However, responsibility for on-going maintenance of the registry may be in the future assumed by either the Marion County Sheriff's Office, or the clerk of the court, upon agreement between the board and such agency.
Animal control authority shall mean, in Marion County, the Marion County Department of Animal Services and all of its directors, employees and animal control officers who are authorized by the board to enforce the animal control laws of the county or state, in the unincorporated areas of the county and any municipality pursuant to inter-local agreement. For purposes of sections 4-21 through 4-25 and the enforcement of F.S. Ch. 767, the animal control authority shall be the director.
Animal control officer or enforcement officer shall mean any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, care or control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
Animal impoundment center shall mean the Marion County Animal Center or any other premises designated by the department of animal services where stray, homeless, abandoned or unwanted animals are impounded, maintained or disposed.
Animal rescue organization shall mean a humane society or not for profit corporation who operates a charitable organization under section 501(c)(3) of the Internal Revenue Code and whose mission includes the rescue, care, or adoption of animals, and which does not obtain animals from a breeder or broker for payment or compensation.
Attack shall mean the act by any animal of approaching a person or domestic animal in such a manner that culminates with hostile contact with such person or animal.
Bite shall mean a penetration to the skin with teeth and with blood appearing in the wound.
Board shall mean the Board of County Commissioners of Marion County, Florida.
Community cat shall mean any unowned free roaming cat that may be cared for by one or more residents of the immediate area who is/are known or unknown; a community cat may or may not be feral. A community cat may also be defined as a cat "found" outside that is brought to an animal shelter and not yet sterilized and not yet sterilized/ear tipped.
Community cat caregiver shall mean a person who provides care, including food, shelter or medical care to a community cat, while not being considered the owner, custodian, harborer, controller or keeper of a community cat or to have care or charge of a community cat.
Conviction shall mean an adjudication of guilt by any court of competent jurisdiction whether upon verdict after trial, plea of guilty, or nolo contendere plea.
County shall mean the unincorporated area of Marion County and any municipality included within the enforcement jurisdiction of this chapter by interlocal agreement.
Cruelty, torture or torment shall mean any act of neglect, torture, or torment that causes unjustifiable pain or suffering of an animal, as defined in F.S. § 828.02.
Dangerous dog as used in this chapter, unless the context clearly requires otherwise, shall have the same meaning as the definition of dangerous dog in F.S. § 767.11, which currently provides:
(1)
"Dangerous dog" means any dog that according to the records of the appropriate authority:
a.
Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;
b.
Has more than once severely injured or killed a domestic animal while off the owner's property; or
c.
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 dutifully investigated by the appropriate authority.
The foregoing definition shall be deemed to automatically incorporate any legislative changes to the statutory definition, from time to time.
Defecate shall mean to discharge excreta.
Direct control shall mean the immediate, continuous physical control of an animal by means of confining within a house, building, fence, pen or other enclosure, or restrained by means of leash, cord, chain, or similar tether of sufficient strength to restrain the animal subject to the restrictions provided herein.
Director shall mean the director of the Marion County Department of Animal Services, or his or her designee. The director shall be deemed to be the animal control authority for purposes of sections 4-21 through 4-25 and the enforcement of F.S. Ch. 767, and any related provisions of this chapter.
Dog means a domestic dog, Canis familiaris.
Domestic animal shall include any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird.
Domestic animal running at large or straying shall mean any domestic animal found or being on any public grounds, or land belonging to a person other than the owner of the domestic animal without the landowner's permission, and not under direct control of a person with the exception of a community cat.
Ear tipping shall mean the removal of the one-fourth (¼) inch tip of a community cat's ear, performed while the cat is under anesthesia, in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian, designed to be the universal identification that the community cat is sterilized and lawfully vaccinated against rabies at least once.
Enclosure means any place where any dog or cat is maintained outdoors including, but is not limited to, a fenced yard, kennel, or run and the dog or cat shall be provided proper shelter within such enclosed area. The enclosure shall be suitable to prevent the escape of the dog or cat or the entry of young children. The enclosed area shall be large enough for the dog's or cat's size and temperament, considering the number of dogs or cats that may be using the enclosure at any given time. For dogs, the enclosure shall be large enough for each dog to achieve a running stride. It shall include a shaded area, either by natural or artificial means that is large enough during all hours to shade all dogs or cats in the enclosure without crowding. The enclosure and surrounding area shall be free from trash, standing water, and cleaned regularly to remove accumulated waste and debris, parasites, including fleas, ticks and rodents so as not to threaten the physical wellbeing of the dog or cat. Each dog or cat housed in the primary enclosure, shall be provided wholesome food and a continuous supply of visibly clean, fresh water provided in a sanitary manner and in a container sized appropriately for the dog's or cat's species and size.
Excreta shall mean feces.
Farm animal shall mean an animal used in the production of human or animal food, feed, or fiber. Horses shall not be considered farm animals for the purposes of section 4-15(g).
Feral cat; feral dog means any cat or dog that exists in a wild or untamed state, either due to birth or reversion to a wild state from domestication. The usual and consistent temperament of a feral cat or dog is extreme fear and resistance to contact or handling with or by humans. Feral cats and dogs are completely or substantially unsocialized to humans.
Feral cat colony means a group of cats that congregates, more or less, together as a unit. Although not every cat in a colony may be feral, any nonferal cats that congregate with a colony shall be deemed to be a part of it.
Flea market shall mean any premises where the principal use is the sale or offer of goods by five (5) or more individuals, in an open area or partly enclosed booths or stalls, or within an enclosed building, of personal effects, tools, art work, small household appliances, and other similar merchandise, objects or equipment, in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser.
Harbor shall mean to provide care, shelter, protection, refuge, food or nourishment to an animal.
Leash shall mean a restraint such as a rope, cord, chain, or device that is mobile and no longer than six (6) feet. The owner or responsible person walking a dog using a retractable leash must maintain the device in a locked position whenever off the owner or responsible person's property or leasehold. Homeless or transient persons must keep their dog on a leash at all times when the animal is not otherwise securely confined.
Livestock shall mean grazing animals, such as, cattle, horses, sheep, swine, goats, other hooved animals, ostriches, emus, rheas which are used for private use or commercial purposes.
Livestock fencing minimum requirements shall mean any fence or enclosure at least four (4) feet in height made of barbed or other soft wire consisting of not less than four (4) strands of wire stretched securely on posts, trees, or other supports, standing not more than fifteen (15) feet apart; legal fences may include a gateway providing they have a gate and meet the minimum restrictions of a legal fence. Fencing must be maintained on a regular basis so as to prevent the livestock from leaving the owner's property or leasehold.
Muzzle shall mean a device placed over the snout of a dog that will not cause injury to the animal or interfere with its vision, or respiration, and allows the dog to pant and drink water, but prevents the dog from biting any person or animal.
Occupant shall mean any person, entity, business, firm, corporation, institution or enterprise that is renting, leasing, sub-leasing or occupying a piece of property in which they are not the property owner of record.
Owner shall mean any person over the age of eighteen (18) years of age, or any firm, corporation or organization which owns, manages, possesses, harbors, maintains, has custody of, or controls an animal. For purposes of enforcement of this chapter, an individual shall be deemed to be an owner of any animal found within a residence or structure owned or leased by that individual, and any animal kept within any cage or other secured enclosure on property subject to such individual's control. An individual shall be deemed to be the owner of any animal that such individual has secured by a rope, chain or tether, whether on or off the property of such individual. If an animal is owned by a person under the age of eighteen (18), not lawfully having been emancipated, that person's parent or guardian shall be the owner. A community cat caregiver is not considered an owner.
Pet seller shall mean, an individual or entity who sells, exchanges, gives, transfers possession or ownership of an animal to another person, or intends to do any of the foregoing acts.
Proper enclosure for a dangerous dog shall mean, while on the owner or responsible person's property or leasehold, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children. Such pen or structure shall have a concrete floor, secure sides and a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements. The owner or responsible person must comply with the requirements of section 4-11, below. A dangerous dog may only be kept on a tether according to the requirements of section 4-13(g) if it is also secured within a proper enclosure for a dangerous dog, as defined herein.
Proper impoundment period shall mean:
(1)
A healthy animal wearing a current Marion County license tag or having been implanted with a microchip, shall be impounded for a period of not less than five (5) consecutive calendar days, not counting the first day of impoundment, before the animal may be adopted, destroyed or otherwise disposed of; or
(2)
A healthy animal not wearing a current Marion County license tag or not having been implanted with a microchip shall be impounded for a period of not less than three (3) consecutive calendar days, not counting the first day of impoundment, before the animal may be adopted, destroyed or otherwise disposed of; or
(3)
A diseased or injured animal appearing to be in a suffering condition and imminently near death shall be impounded for a period of not more than two (2) hours, providing compliance with F.S. § 828.05, has been made through reasonable and concerted efforts to locate the animal's owner, owner's agent, or veterinarian; or
(4)
An animal appearing to be feral shall be held for a period of at least twenty-four (24) hours, after which period animal services shall make a determination of whether the animal is a feral animal. If animal services determines the animal is feral, the animal may be diverted to a shelter/neuter/return program.
Property owner shall mean any person, entity, business, firm, corporation, institution or enterprise that is the real property owner of record according to the Marion County Tax Collector's Office.
Public grounds shall mean any street, sidewalk, alley, highway or other way open to travel by the public, including rights-of-way, bridges, common ground including private roads in gated subdivisions, easements, tunnels, and any land owned by local, state or federal governments.
Responsible person shall mean any person other than the owner of an animal who, by the exercise of care, custody or control over such animal, shall assume the liability of an owner of such animal, during the period of such care, custody or control.
Service animal shall mean any dog or miniature horse that has been individually trained to do work or perform tasks for people with disabilities as defined under the Americans With Disabilities Act (ADA). This definition shall incorporate any future legislative, administrative, or judicial changes to the definition of service animal within the Americans With Disabilities Act.
Severe injury shall mean any physical injury that results in broken bones, multiple bites or disfiguring lacerations, sutures or reconstructive surgery, or any physical injury that results in life-threatening injuries or death.
Shelter shall include, but is not limited to, a permanent structure with four (4) sides, a solid roof, and a solid bottom. At a minimum, the structure must be:
(1)
Sufficient in size to allow each sheltered animal freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched in a normal posture and have an entryway that the dog or cat can easily enter and exit in a natural manner and protects the dog or cat from exposure to the elements.
(2)
Weather proof and structurally sound, with insulation appropriate to local climatic conditions and sufficient to protect each dog or cat from inclement weather; the direct rays of the sun, wind, and rain.
(3)
Free of standing water, accumulated waste and debris, and be well ventilated with fresh air by means of windows, doors, vents, or fans, and provide clean, dry bedding, or shall have a clean, solid resting place that is appropriate for the dog's or the cat's size, age, health, and physical condition.
(4)
Properly lighted to provide a regular lighting cycle of either natural or artificial light corresponding to the natural period of daylight unless otherwise directed by a veterinarian.
(5)
Structures with wire, grid or slat floors which permit the animal's feet to pass through the 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 enclosures for birds where perches are provided.
(6)
Examples of inadequate shelter include, but are not limited to, lean-tos, metal drums, wire or airline carrier crates, cardboard boxes, abandoned vehicles, porches, decks, or material that does not provide sufficient protection from the elements.
Shelter/neuter/return shall mean sterilizing, ear tipping and vaccinating a cat large enough for spay/neuter that is found outside and returning him to his original location as opposed to admitting to a shelter.
Sterilization shall mean the irreversible spaying or neutering of an animal by gonadectomy.
Temporary task shall mean, for purposes of section 4-13(g), routine household tasks or activities of limited duration where a dog owner needs its dog to be kept outdoors during the performance of the task. Nonexclusive examples of such temporary tasks include cooking, vacuuming carpets, mopping floors, and bathing an infant. Such temporary task shall not exceed thirty (30) minutes.
Tether shall mean a cord, rope, cable or chain, not exceeding 1/16 of the animal's weight, with a length that is at least the greater of either five (5) times the length of the animal measured from the nose to the tip of its tail, or ten (10) feet, attached with a swivel hook to the animal's buckle-type nylon or leather collar, harness or halter on one end and attached to a stationary object with a swivel hook or trolley assembly on the other end. The trolley cable must not be elevated more than seven (7) feet above ground surface.
Tethering shall mean the restraining of a dog by the means of any type of tether, as defined herein, to any fixed object or structure, including, but not limited to, a house, garage, fence, post, motor vehicle, trailer, shed, weight, ground anchor, or boat. Tethering shall not include the use of a leash to walk a dog, or to forms of restraint used in the transportation of a dog.
Unprovoked shall mean that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. [F.S. § 767.11(2)]
Working day shall mean any day of the week that the Marion County Animal Center is open for business to the public.
(Ord. No. 11-55, § 1, 10-18-11; Ord. No. 14-06, § 1, 4-1-14; Ord. No. 16-34, § 1, 10-4-2016; Ord. No. 18-21, § 1, 8-7-2018)