DIVISION 1. - GENERALLY

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:

Aggravated violation means any infraction which requires mandatory appearance; may be required for secondary or subsequent cruelty violations of section 14-37(a); for first or subsequent infractions for improper confinement of vicious or aggressive animals pursuant to section 14-41(a); for failure to comply with the dangerous dog provisions pursuant to section 14-42; for failure to comply with quarantine requirements pursuant to section 14-79; for interference with animal control officers/tampering with animal control equipment pursuant to section 14-35, or violations resulting in the issuance of a third or subsequent citation to a person.

Aggressive animal means any animal that, without provocation, constitutes a physical threat to human beings or other animals. Aggressive behavior also includes, but is not limited to, the following:

(1)

A loose, unconfined animal, when unprovoked, chasing or approaching a person in a menacing fashion or apparent attitude of attack.

(2)

Chasing vehicles.

(3)

Molesting livestock or other domestic animals.

Animal means any living, dumb creature.

Animal control officer means any person employed or appointed by the board of county commissioners as an animal control officer. An animal control officer is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations. An animal control officer is not authorized to bear arms or make arrests; however, such officer may carry a device to chemically subdue and tranquilize an animal, provided that such officer has successfully completed a minimum of 16 hours of training in marksmanship, equipment handling, safety and animal care and can demonstrate proficiency in chemical immobilization of animals in accordance with guidelines prescribed in the Chemical Immobilization Operational Guide of the American Humane Association.

At large, applied to an animal, means an animal which is not under the actual control, custody, charge or possession of the owner or other responsible person either by leash, cord, chain, enclosure or as otherwise provided in this article.

Cat means, but is expressly not limited to, domestic cat, Felis catus, and any genetic hybridization thereof, including, but expressly not limited to oscelot hybrids and bobcat hybrids, that is not under the jurisdiction of the Florida Game and Fresh Water Fish Commission.

County health officer means the person appointed, pursuant to law, as director of the county health department and his designated agents.

Direct control means immediate, continuous physical control of an animal at all times such as by means of a fence, leash, cord or chain of such strength to restrain the animal.

Division, as used in Chapter 14, means the Pasco County Animal Services Division.

Dog means, but is expressly 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, Game and Fresh Water Fish Commission.

Domestic means those animals trained to live with and be of use to man; tame.

Good and wholesome food means palatable nutriment appropriate for the type of animal it is fed to, free from contamination, and of sufficient nutritive value to maintain such animal in good health.

Harbor means to own, feed, shelter, keep, maintain or control an animal and includes permanent and temporary harboring of animals.

Hybrid means, but is expressly not limited to, a mixture of one or more types of wild animals crossed with any combination of domestic animals.

Kennel means any premises wherein a person is engaged in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats.

Mandatory court appearance means that a person shall not have the option to pay the fine instead of appearing in court.

Pet means any animal kept for pleasure rather than utility.

Pot bellied pig refers to the Vietnamese, Oriental, or Chinese pot bellied pig (sus scrofa vittatus or sus scrofa domestica). When registered as such, the pot bellied pig shall be considered a household pet, not livestock, and shall be limited to one (1) per household. Registration must be made with the Pot Bellied Pig Registry Service, Inc. or International Gold Star Pot Bellied Pig Registry Service.

Premises means land and all structures and articles appurtenant or attached thereto which are owned, leased, occupied or controlled by a person.

Serious physical injury means any physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or cosmetic surgery.

Shelter, minimally defined, means a three-sided roofed and floored structure that is a secure weather resistant structure which protects an animal from exposure to the elements including but not limited to rain, cold, wind and heat, and in size is a minimum of six inches higher than the animal's height at full stand with head erect, one and one-half the animal's full body length, and sufficient in width to permit the animal to turn around.

Tag means a current county animal license tag.

Unprovoked means that the victim who has been conducting himself peacefully and lawfully has been bitten or chased in a menacing fashion, or attacked by an animal.

Veterinarian means a veterinarian duly licensed and registered by the state.

Vicious animal means any animal which kills or unjustifiably causes physical injury to a person or to any domestic animal.

Water means potable water free from contamination.

Wild animal shall be held to include every living dumb creature belonging to a species which will normally be found in the wild state, meaning found primarily in a natural state or a wild environment.

(Code 1970, § 7-28; Ord. No. 87-25, § 3, 10-27-87; Ord. No. 89-17, § 1, 7-18-89; Ord. No. 91-14, 10-1-91; Ord. No. 93-22, § 1, 11-23-93; Ord. No. 96-09, 4-23-96; Ord. No. 99-02, § 2, 4-27-99; Ord. No. 04-32, § 2, 8-10-04; Ord. No. 07-47, § 2, 12-18-07)

Cross reference— Definitions generally, § 1-2.

Sec. 14-28. - Statutes adopted.

The provisions of F.S. § 828.27, as now or subsequently amended, are incorporated by reference in this article.

(Code 1970, §§ 7-48(3), 7-49(c); Ord. No. 87-25, §§ 22, 23, 10-27-87; Ord. No. 88-17, § 1, 6-7-88; Ord. No. 91-14, 10-1-91)

Sec. 14-29. - Adoption of rules and regulations for implementation of article.

When necessary, the board of county commissioners shall adopt by resolution appropriate rules and regulations for the implementation of this article. Such rules and regulations shall provide for but shall not be limited to the creation of a schedule of fees to be paid for licensing and other services provided under this article and the procedures for paying and collecting such fees.

(Code 1970, § 7-55; Ord. No. 87-25, § 29, 10-27-87; Ord. No. 91-14, 10-1-91)

Sec. 14-30. - Enforcement.

(a)

The board of county commissioners shall have the authority to appoint necessary personnel and designate the proper agencies for the enforcement of this article.

(b)

Pursuant to F.S. §§ 828.27 and 125.01, the board of county commissioners is authorized to designate certain of its employees as animal control officers. The board of county commissioners shall set forth the qualifications and training regimen of the animal control officers.

(c)

For the purpose of enforcing this article, all animal control officers and all law enforcement officers are considered authorized to enforce this article.

(d)

It shall be the duty of any person designated as an animal control officer to enforce this article.

(e)

Mandatory court appearances may be required for secondary or subsequent cruelty violations of subsection 14-37(a), for first or subsequent infractions for improper confinement of vicious or aggressive animals pursuant to subsection 14-41(a); for failure to comply with the dangerous dog provisions pursuant to section 14-42; for failure to comply with quarantine requirements pursuant to section 14-79, for interference with animal control officers/tampering with animal control equipment pursuant to section 14-35; failure to comply with section 14-33(d); or violations resulting in the issuance of a third or subsequent citation to a person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.

(f)

Citations issued by animal control officers under this article shall be in a form consistent with the dictates of F.S. § 828.27.

(g)

Leaving a copy of a citation or warning at the place where the animal resides, with a defendant at this usual place of abode or with any person residing therein age 15 years or older, shall be deemed notice of the citation or warning to all members of the household.

(Code 1970, § 7-54(a)—(e); Ord. No. 87-25, § 28, 10-27-87; Ord. No. 91-14, 10-1-91; Ord. No. 93-22, § 9, 11-23-93)

State law reference— Inspection warrants, F.S. § 933.20 et seq.

Sec. 14-31. - Violations; public nuisance.

(a)

It shall be unlawful for any person to violate or to aid, abet or assist in the violation of this article.

(b)

A violation of this article is declared to be a public nuisance and an imposition upon the citizens and residents of the county.

(Code 1970, § 7-53; Ord. No. 87-25, § 27, 10-27-87; Ord. No. 91-14, 10-1-91)

Sec. 14-32. - Infractions.

Monetary fines for all violations of Chapter 14 of the Pasco County Code of Ordinances shall be set forth by resolution by the board of county commissioners in the Uniform Fine Schedule, as may be amended. To the extent of any conflict between Chapter 14 and the Uniform Fine Schedule as to monetary fines, the Uniform Fine Schedule, as most recently amended, shall control.

(Code 1970, § 7-54(f); Ord. No. 87-25, § 28, 10-27-87; Ord. No. 91-14, 10-1-91; Ord. No. 07-47, § 2, 12-18-07)

Sec. 14-33. - Civil infractions; citations and civil penalties; injunctive relief.

(a)

Any person found or adjudged to be in violation of this article shall be deemed to have committed a civil infraction. Upon such a finding, judgment may be entered against the person for an amount not to exceed $500.00. If the person who has committed the civil infraction does not contest the citation, the individual shall be assessed the civil penalty set forth in this article and the County Uniform Fine Schedule, which in any event shall be less than the maximum civil penalty of $500.00 per each offense. Court costs shall be in addition to the penalties set forth in the Uniform Fine Schedule.

(b)

Any animal control officer or law enforcement official is authorized to issue citations under this article, provided the officer has probable cause to believe that a person has committed an act in violation of this article. The minimum civil penalty which may be imposed upon a person convicted for a violation of this article shall be that set forth in the Uniform Fine Schedule established by resolution.

(c)

Violation of this article may also be enforced by injunction, which suit or action for injunction may be instituted and maintained in the name of the county.

(d)

Owners of animals must reimburse the county for costs incurred due to violation of the section, such as veterinary bills, private process server fees, transportation, board and all other necessary expenses incurred by the county. This cost may exceed the limit as provided in subsection (a) of this section.

(e)

Mandatory court appearances may be required for secondary or subsequent cruelty violations of subsection 14-37(a), for first or subsequent infractions for improper confinement of vicious or aggressive animals pursuant to subsection 14-41, for failure to comply with section 14-42 pertaining to dangerous dogs, for failure to comply with quarantine requirements pursuant to section 14-79, for interference with animal control officers/tampering with animal control equipment pursuant to section 14-35; failure to comply with section 14-33(d); or violations or resulting in the issuance of a third or subsequent citation to a person. Persons required to appear in court do not have the option of paying the fine instead of appearing in court. Mandatory court appearances are also required for certain infractions as set forth in the Uniform Fine Schedule.

(f)

A citation may be contested in county court.

(g)

If a person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required by the citation, the court may issue an order to show cause upon the request of the county. The order shall require such person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court.

(Code 1970, § 7-54(a)—(e); Ord. No. 87-25, § 28, 10-27-87; Ord. No. 91-14, 10-1-91; Ord. No. 93-22, § 9, 11-23-93; Ord. No. 96-09, 4-23-96; Ord. No. 07-47, § 2, 12-18-07)

Sec. 14-34. - Disposition of fees and civil penalties.

(a)

It is declared to be the intent of the board of county commissioners that the fees imposed for licensing and other services provided by or under this article are to be utilized for the financing and administration of the animal control program.

(b)

Civil penalties paid in accordance with this article and the county animal control civil penalty class schedule shall be deposited or disposed of in a manner provided for by the laws of the state.

(Code 1970, § 7-56; Ord. No. 87-25, § 30, 10-27-87; Ord. No. 91-14, 10-1-91)

Sec. 14-35. - Interference with animal control officer.

It shall be unlawful for any person to interfere with the performance of the official duties of any animal control officer. It shall also be unlawful to destroy or tamper with equipment utilized by such officers, or to provide a false report or statement to any animal control officer or other animal services division employee.

(Code 1970, § 7-52(i); Ord. No. 87-25, § 26, 10-27-87; Ord. No. 91-14, 10-1-91; Ord. No. 07-47, § 2, 12-18-07)

Sec. 14-36. - Disposal of impounded animals.

(a)

All animals which have been impounded in accordance with this article may be disposed of in a humane manner if not redeemed as provided by this article. Animals may be released to any Humane Society or any reputable and responsible person upon payment of adoption fees as set out by resolution of the board of county commissioners. If the impounded animal is released to the owner, the owner shall pay transportation and boarding fees as established by resolution of the board of county commissioners. The payment of such fee shall be in addition to the payment of any civil penalty imposed for violation of this article.

(b)

Notwithstanding any other sections of this article, impounded animals may be disposed of at any time, after making a reasonable effort to provide notice to the owner, upon certification by a licensed veterinarian that such action is necessary and humane due to the physical condition of the animal, pursuant to F.S. § 828.05.

(c)

Any dog held under quarantine at the animal control division which was impounded wearing a visible form of identification or with a known owner, will be considered relinquished by the owner if not claimed on or before the third day following quarantine. If not claimed on or before the third day following the quarantine, the animal will be disposed of as necessary. This section does not require an additional holding period for stray dogs or animals other than dogs that had been held for quarantine. These animals may be disposed of at any time following the quarantine confinement period for that species.

(d)

Animals that have been impounded as abandoned under the conditions defined in section 14-38 shall be held for a period of at least ten days. During this time, the animal control division shall make a reasonable effort to notify the owner of the animal that the animal has been impounded and may be picked up during the normal working hours at the county animal control center. The final responsibility for locating an impounded animal shall be that of the owner. If the animal is not claimed within ten days of impoundment, the animal shall be considered relinquished by the owner.

(Code 1970, § 7-36; Ord. No. 87-25, § 11, 10-27-87; Ord. No. 91-14, 10-1-91; Ord. No. 02-01, 1-8-02)

Sec. 14-37. - Cruelty.

(a)

It shall be unlawful for any person to be cruel to or to commit a cruel act upon any animal. The term "cruelty" means any act of neglect, torture or torment that causes unjustifiable pain or suffering of an animal. The following acts shall be deemed cruelty to animals; however, this list shall not be construed as excluding other acts which may amount to cruelty:

(1)

Any person who unnecessarily overloads, overdrives, tortures, torments, deprives of necessary sustenance or shelter, or unnecessarily or cruelly beats, mutilates or kills any animal or causes such to be done or carries in or upon any vehicle or otherwise any animal in a cruel or inhumane manner shall be in violation of this section.

(2)

Any person who impounds or confines any animal in any place and fails to supply that animal, during such confinement, with a sufficient quantity of good and wholesome food and water or who keeps any animal in an enclosure without wholesome exercise, sanitary conditions and change of air shall be in violation of this section.

(3)

Any person who shall poison, put out or place poison at any point or place outside where dogs or cats may secure the poison shall be in violation of this section.

(4)

Any person who leaves a dog, cat or other animal unattended in a parked vehicle with inadequate or no ventilation shall be in violation of this section.

(b)

Any person using reasonable force in defending his animals, livestock or a human being from attack by another animal shall be exempt from this section.

(Code 1970, § 7-38(a), (b); Ord. No. 87-25, § 13, 10-27-87)

State law reference— Cruelty to animals generally, F.S. § 828.12.

Sec. 14-38. - Abandonment.

(a)

It shall be unlawful for any owner, custodian or person in control of an animal to abandon any animal for a period in excess of 24 hours. The animal will not be considered abandoned if the owner 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 24 hours.

(b)

Whenever the animal control division finds that any animal is or will be without proper care because of injury, illness, incarceration or involuntary absence of the person responsible for the care of such animal, the animal control division may impound such animal in accordance with this article.

(Code 1970, § 7-39(a), (b); Ord. No. 87-25, § 14, 10-27-87; Ord. No. 02-01, 1-8-02)

Sec. 14-39. - Disposal of dead animals.

(a)

Any owner, custodian or person in charge of a domestic animal, upon the death of such animal for any reason, except for rabies cases or other exceptions, shall immediately dispose of the carcass of such animal by burning the animal or burying the animal at least two feet below the surface of the ground. However, nothing in this section shall prohibit the disposal of such animal carcasses to rendering companies licensed to do business in the state.

(b)

It is unlawful to dispose of the carcass of any animal by dumping such carcass on any public road or right-of-way or in any place where such carcass can be devoured by beast or bird.

(Code 1970, § 7-40(a), (b); Ord. No. 87-25, § 15, 10-27-87)

Sec. 14-40. - Animals in parks and on beaches.

(a)

No person who owns or harbors an animal shall permit the entry of such animal into or upon any public park or beach in the county where such entry is specifically prohibited by resolution of the board of county commissioners or by a sign posted at the public park or beach providing notice of such prohibition.

(b)

Dogs trained to assist or aid disabled or handicapped persons are exempt from this section when such dogs are actually being used to assist or aid such persons. The prohibitions in this section do not apply to any nonhuman primate of the genus cebus that is specially trained for the purpose of providing personal care services when it is accompanying a person with paraplegia or quadriplegia.

(Code 1970, § 7-42; Ord. No. 87-25, § 17, 10-27-87; Ord. No. 07-47, § 2, 12-18-07)

Cross reference— Park rules, § 70-26 et seq.; waterways, ch. 114.

Sec. 14-41. - Vicious or aggressive animals.

(a)

It shall be a violation of this article for any person to keep, harbor or own any vicious animal, as defined in section 14-27, within the county unless the animal is confined within a secure building or secure enclosure or is under the direct supervision of a competent person and securely muzzled and restrained by means of a leash, chain or rope of sufficient strength to confine the animal. It is expressly intended that a person shall be held responsible for improper confinement of a vicious animal any time the animal kills or unjustifiably causes physical injury to a person or to any domestic animal. It is intended that a prior incident of viciousness shall not be a prerequisite to responsibility under this section.

(b)

It shall be a violation of this article for any person to keep, harbor or own any aggressive animal, as defined in section 14-27, within the county unless the animal is confined within a secure building or secure enclosure or is under the direct supervision of a competent person and securely muzzled and restrained by means of a leash, chain or rope of sufficient strength to confine the animal. It is expressly intended that a person shall be held responsible for improper confinement of an aggressive animal any time the animal, without provocation, constitutes a physical threat to human beings or to any domestic animal or engages in other aggressive behavior. It is intended that a prior incident of aggression shall not be a prerequisite to responsibility under this section.

(c)

A law enforcement officer or animal control officer may impound a vicious animal under the following circumstances:

(1)

The vicious animal is running at large.

(2)

The vicious animal has caused physical damage to a person or serious physical damage to a domestic animal 90 days or less prior to the date of impoundment.

(d)

Once a vicious animal is impounded pursuant to this section, the county shall file a petition for custody of the animal in the county court within 60 days of the date of impoundment and shall cause the petition and notice of such hearing to be served upon the animal's owner in accordance with the Florida Rules of Civil Procedure. Upon a finding that the animal is vicious and that the owner has failed to properly confine and supervise the vicious animal as required by this article, the county court shall remand custody of the animal to the county animal control. Nothing in this subsection is intended to require court action for the impoundment and disposition of stray or abandoned animals.

(e)

Should the court find the animal not to be vicious or that the owner complied with the confinement and supervision sections of this article, the animal shall be returned to the owner with no boarding charges.

(Code 1970, §§ 7-43, 7-44; Ord. No. 87-25, §§ 18, 19, 10-27-87; Ord. No. 89-17, § 4, 7-18-89; Ord. No. 93-22, § 6, 11-23-93; Ord. No. 96-09, 4-23-96; Ord. No. 07-47, § 2, 12-18-07)

Sec. 14-42. - Dangerous dogs.

(a)

The provisions of F.S. §§ 767.10 through 767.15, and any subsequent amendments, are incorporated into this section.

(b)

Pursuant to F.S. ch. 767 (1994), the following procedures are established for hearings related to dangerous dog classifications:

(1)

The animal control division of the community services department (hereinafter "animal control") shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner. A sworn affidavit from any person, including any animal control officer or law enforcement officer desiring to have a dog classified as dangerous, shall be required as part of the investigation. Animal control shall investigate and shall determine whether there is sufficient cause to declare the dog dangerous based upon the totality of the reported circumstances. Upon such determination, a written notice of sufficient cause to declare animal dangerous shall be provided to the owner by animal control, by registered mail, certified hand delivery or by service.

(2)

The owner may file a written request with animal control for a hearing within seven calendar days from the date of receipt of the notice of sufficient cause to declare animal dangerous, and, if requested, a hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than five days after receipt of the request by the department from the owner. The written request for hearing must include an address to which future notices to the owner are to be delivered. An informal hearing shall be conducted by the dangerous dog hearing board, as appointed by the county administrator, during which the owner may present evidence for consideration as to why the dog should not be classified as dangerous. Procedures governing the conduct of these hearings shall be established by resolution approved by the board of county commissioners.

(3)

In accordance with the provisions of F.S. § 767.12(1)(b), any dog that is the subject of a dangerous animal investigation that is not impounded with the department shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The physical address of the dog's residence shall be provided to the department. No dog that is the subject of a dangerous dog investigation may be relocated or have ownership transferred pending the outcome of an investigation or any hearing related to the determination of a dangerous dog classification.

(4)

In making a dangerous dog determination, the division may consider the following:

Volume of complaints;

Nature of complaints;

Any unprovoked threat, chase or attack on a person which is attested to in a sworn statement;

Multiple attacks on domestic animals while off the owner's property;

Testimony or other evidence as to the physical condition of the animal;

A physician's medical report(s), summaries and/or testimony related to injuries sustained;

Testimony or other evidence from the investigating agent(s) or officer(s);

Testimony or other evidence that the dog has been used for the purpose of, or is a dog trained for, dog fighting; and/or

Any other evidence it deems relevant. A written notification of the hearing board's decision shall be mailed to the owner within 14 days of when the hearing is concluded.

(5)

If the owner of the dog wishes to contest the hearing board's decision to classify a dog as dangerous, he or she may file a written request for a hearing with the clerk of the county court within ten business days after receipt of the hearing board's written decision upon payment of any applicable filing fees and/or administrative fees. This shall be a de novo hearing. Any person who decides to appeal the decision of the hearing board may desire a record of the proceedings, and, for such purposes, may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based.

(6)

In addition to F.S. § 767.12(2), any owner of a dangerous dog must also pay to animal control the fee which is applicable to such certificate of registration as set out in Resolution No. 95-145, and any subsequent amendments thereto.

(c)

A payment of an annual fee for registration of a dangerous dog is required per dangerous dog per year, according to F.S. §§ 767.10 through 767.15, as amended. An exemption applies to dogs employed by law enforcement agencies.

(Code 1970, § 7-47(a), (b); Ord. No. 91-14, 10-1-91; Ord. No. 93-22, § 8, 11-23-93; Ord. No. 96-09, 4-23-96; Ord. No. 07-47, § 2, 12-18-07)

State law reference— Dangerous dogs, F.S. § 767.10 et seq.

Sec. 14-43. - Ownership of wild animals.

(a)

No person shall own or harbor any wild animal as a pet without obtaining the appropriate state permits.

(b)

The animal control officer shall have the power to release or order the release of any infant wild animal kept under temporary permit issued by the state where such animal is capable of survival in the wild without assistance.

(c)

Zoological parks, performing animal exhibitions and circuses which utilize wild animals in their performances or exhibitions shall be exempt from this section.

(Code 1970, § 7-45; Ord. No. 87-25, § 20, 10-27-87; Ord. No. 07-47, § 2, 12-18-07)

Sec. 14-44. - Female dogs in heat.

(a)

The owner, harborer or keeper of a female dog in heat (estrus) shall humanely and securely confine such dog indoors or in a secure enclosure. For the purposes of this section, a secure enclosure shall mean an enclosed and locked pen or structure of sufficient construction to prevent the entry of a male dog, and to prevent the female in heat from escaping.

(b)

(1)

When not in a secure enclosure, such dogs shall be under the direct control and supervision of a responsible individual so that the dog is not allowed to unintentionally come into contact with a male dog and breed.

(2)

For the purpose of this section, a fenced area is not a sufficient enclosure.

(3)

The only exception to this section is when a female dog in heat is in a secure enclosure for intentional breeding purposes.

(Ord. No. 02-01, 1-8-02; Ord. No. 07-47, § 2, 12-18-07)

Secs. 14-45—14-55. - Reserved.