§ 14-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to forsake entirely or neglect or refuse to provide or perform the legal obligations for care and support of an animal.

Animal means any living dumb creature.

Animal control code enforcement officer means all employees of the county department of animal services who have successfully completed the minimum standards training course approved by the Florida Animal Control Association.

Animal hoarding means the activity of a person characterized by the following:

(1)

Failure to provide minimal standards of sanitation, space, nutrition and veterinary care for animals; and

(2)

Attempts to accumulate or maintain a collection of animals in the face of progressively deteriorating conditions.

Animal shelter means any facility maintained by the county and any facility maintained by a nonprofit humane organization or municipal agency, as approved by the board of county commissioners, for the confinement, care, control or disposition of animals that come into its custody.

At-large means any dog or cat on the owner's premises which is not within the unobstructed sight and in the control of the owner, or any dog or cat not confined by sufficient means to assure that it is maintained on the property of the owner; or any dog or cat off the owner's premises which is not controlled by an adequate leash or tether, or otherwise under the owner's physical control, as defined in this section.

Baiting shall have the meaning provided by F.S. § 828.122, as may be amended.

Cat means the domestic cat, Felis catus.

Cruelty shall have the meaning provided by F.S. § 828.27, as may be amended.

Dangerous dog shall have the meaning provided by F.S. § 767.11, as may be amended.

Department of animal services or department means the animal services department of the county.

Director means that person in charge of the administration of the department of animal services or anyone designated by him or her.

Dog means the domestic dog, Canis familiaris.

Guard dog means any type of dog used for the purpose of defending, patrolling or protecting property or life at any commercial establishment.

Harboring means the act of keeping and caring for an animal, or providing food, shelter, or care for the animal for a period of at least 48 hours, regardless of whether or not the person is acting alone or in concert with others.

Hobby breeder means a person or entity that is a current member of a dog, cat or kennel club at the national, state, or local level that is, or is affiliated with, a nationally recognized organization and that houses or breeds dogs or cats in or on the property of a private residence.

Kennel means any premises wherein any person engages in the business of boarding, breeding, buying or letting for hire for a fee, dogs or cats. County-operated or city-operated animal services agencies and registered nonprofit humane organizations shall be exempt from this definition.

Owner means any person possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the age of 18 years, that person's parent or guardian.

Pet dealer (or pet dealership) means any person who advertises or engages in the sale of one or more litters of dogs or cats per year to the public. Such term includes breeders of animals who sell such animals directly to a consumer. County-operated or city-operated animal services agencies and registered nonprofit humane organizations shall be exempt from this definition.

Physical control means the immediate, continuous physical control of a dog or cat at all times, such as by means of a leash, cord, or chain of such strength to restrain the dog or cat; or "physical control" shall also include visual signals or oral commands by the owner of a dog which has been trained to consistently and effectively respond to such signals or commands, if such dog is at all times within the unobstructed sight of the dog's owner.

Proper enclosure of a dangerous dog shall have the meaning provided by F.S. § 767.11, as may be amended.

Public nuisance animal means any animal or combination of animals that unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:

(1)

Is repeatedly found at large;

(2)

Damages the property of anyone other than its owner;

(3)

Chases vehicles, bicycles, persons, or other animals;

(4)

Makes excessive noises, including, but not limited to, continued or repeated howling, barking, whining, or other utterances. Noises that, on at least two separate dates during a three-day period, are produced for more than one sustained period of at least 15 minutes over the course of eight hours, shall be considered excessive for the purpose of this definition.

(5)

Causes fouling of the air by odor;

(6)

Is offensive or dangerous to the public health, safety, or welfare; or

(7)

Repeatedly defecates on the property of another.

Severe injury shall have the meaning provided by F.S. § 767.11, as may be amended.

Shelter means provision of and access to a three-dimensional structure having a roof, walls and a floor, which is dry, sanitary, clean, weatherproof and made of durable material. At the minimum, the structure must:

(1)

Be sufficient in size to allow each sheltered animal to stand up, turn around, lie down, and stretch comfortably;

(2)

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;

(3)

Be free of standing water, accumulated waste and debris, protect the sheltered animal from injury, and have adequate ventilation and, for dogs and cats, provide a solid surface, resting platform, pad, floormat or similar device that is large enough for the animal to lie on in a normal manner; and

(4)

Be 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. 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 birds where perches are provided.

Unprovoked shall have the meaning provided by F.S. § 767.11, as may be amended.

Veterinarian shall have the meaning provided by F.S. § 474.202, as may be amended.

Water means 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 or as dictated by naturally occurring states of hibernation. An animal confined outdoors shall have a continuous supply of clean, fresh, and potable water, unless the animal is under direct supervision.

(Ord. No. 17-07, § 1, 2-21-17)

Cross reference

Definitions generally, § 1-2.