Sec. 14-96. - License tags required.

(a)

Every person who keeps, harbors or owns any dog, canine hybrid, or pot bellied pig four months of age or older within the county shall secure a current Pasco County animal license tag for each dog, canine hybrid or pot bellied pig. Rescue license tags may be obtained where a person owns five or more dogs. Pot bellied pigs must have a valid annual health certificate issued by a licensed veterinarian in order to obtain a county license tag. Canine hybrids that have a valid medical exemption pursuant to this article must have a valid annual health certificate issued by a licensed veterinarian in order to obtain a county license tag.

(1)

Entities with rescue license tags must allow inspections of their facilities and records by the county. The county shall have the right of entry upon 24 hours' notice and at all reasonable times.

(2)

Rescue license tags are available for dogs that are kept, harbored or owned only by any entity that has federal tax exemption status under 26 USC § 501(c)(3) so long as such entity spays or neuters any dog before it is adopted or leaves to go to a new home or 120 days from the date the entity receives any such dog, whichever comes first.

(b)

License tags may be issued after collection of a license fee:

(1)

By a licensed veterinarian after administration of the required rabies vaccine; or

(2)

By the Division upon receipt of a vaccination certificate executed by a licensed veterinarian, or upon receipt of an exemption certificate executed by a licensed veterinarian.

(c)

License tags shall be renewed annually by the owner. The new tag may be issued only after the dog or pot bellied pig has been vaccinated against rabies or exempted from such vaccination as provided by this article.

(d)

All dogs and pot bellied pigs shall be required to wear a current Pasco County animal license tag at all times unless specifically exempted by this article. Every person who keeps, harbors or owns any dog or pot bellied pig four months of age or older shall cause a current tag to be securely fastened, by chain or other substantial device, about the animal's neck so as to be clearly visible at all times. However, dogs or pot bellied pigs wearing collars with riveted metal plates bearing a current license tag number shall be deemed to meet the requirements of this section where the owner has procured the required license tag.

(e)

It shall be unlawful to transfer any tag, issued under this section from the animal for which such tag was issued to another animal.

(Code 1970, § 7-31; Ord. No. 87-25, § 6, 10-27-87; Ord. No. 87-31, § 1, 11-17-87; Ord. No. 91-14, 10-1-91; Ord. No. 93-22, § 2, 11-23-93; Ord. No. 99-02, § 4, 4-27-99; Ord. No. 07-47, § 2, 12-18-07)

Sec. 14-97. - Running at large.

(a)

It shall be unlawful for any person who keeps, harbors or owns any dog or pot bellied pig to allow or permit the dog or pot bellied pig to roam, wander or run at large in, on or about any public street, roadway or place in the unincorporated area of the county or in, on or about the private property of any person or persons including the dog or pot bellied pig owner's property. Except as provided in this section, all dogs and pot bellied pigs shall be under the direct control and supervision of a person who is capable of controlling and managing such dog or pot bellied pig.

(b)

It shall be unlawful for the owner of any dog or pot bellied pig to tie, chain or tether a dog or pot bellied pig such that it has access to public property, roadway or the property of another without the express written consent of such adjoining property owner.

(c)

Specifically trained dogs used for hunting purposes are exempt from this section to the extent that the dogs may be permitted to run free while the dogs are in the act of training or hunting, provided the dogs are accompanied in the field by the owner or his agent.

(d)

Any dog or pot bellied pig that is on private property without the consent of the property owner or resident may be captured in a humane trap or otherwise confined in a way so as not to violate section 14-37, cruelty provisions. Persons capturing at-large dogs or pot bellied pigs must contact animal services within 24 hours of its capture to have the animal picked up by animal services and will be responsible for the humane care free from cruelty, as defined in section 14-37, of the animal until the animal is picked up by the Division. Any person capturing an animal shall do so at his own risk, and must sign a document stating the date, time, and location where the animal was captured and stating whether the animal has a known owner/harborer/keeper. A person shall not entice a dog or pot bellied pig to become at large for the purpose of trapping or apprehending it when that dog or pot bellied pig would otherwise not be at large.

(e)

Officers are authorized to impound any dog or pot bellied pig that is witnessed by the officer to be at large and are authorized to enter onto private property, including that of the animal's owner, without permission, with the exception of inside a structure or dwelling, to continue an active pursuit of an animal to attempt to capture the animal for impoundment.

(Code 1970, § 7-35; Ord. No. 87-25, § 10, 10-27-87; Ord. No. 93-22, § 3, 11-23-93; Ord. No. 04-34, § 3, 8-10-04; Ord. No. 07-47, § 2, 12-18-07)

Sec. 14-98. - Dogs and pot bellied pigs constituting a nuisance prohibited.

(a)

It shall be unlawful for any person to own, harbor or keep any dog, bird, or pot bellied pig that becomes a nuisance in the community. No owner or harborer of a dog, bird, or pot bellied pig shall fail to exercise sufficient care and control of their dog, bird, or pot bellied pig to prevent it from becoming a public nuisance. "Public nuisance" for the purpose of this section means any dog, bird, or pot bellied pig that unreasonably annoys human beings, endangers the life or health of other animals, or persons, or substantially interferes with the rights of persons, other than their owners, to the enjoyment of life or property. This section does not apply to fowl (including but not limited to roosters, chickens, turkeys, pheasants, guineas, and peacocks) or to other game or farm birds.

(b)

A nuisance for the purposes of this section, shall include but is expressly not restricted to the following acts by dogs or pot bellied pigs:

(1)

Frequent or continued barking, frequent or continued howling, or making frequent or continued sound or noise, between the hours of 11:00 p.m. and 6:00 a.m., with the exception of dogs or pot bellied pigs housed at commercial businesses.

(2)

Frequent or continued barking, frequent or continued howling, or making frequent or continued sound or noise for periods of ten minutes or more, at any time, with the exception of dogs or pot bellied pigs housed at commercial businesses.

(3)

Repeatedly digging into, breaking or otherwise injuring or damaging shrubbery, trees, lawns, garbage, or stored materials on public or private property.

(4)

Frequent or habitual depositing of excreta on property not belonging to the owner of the animal without the property owner's consent.

(5)

Repeatedly running at large upon public or private property.

(6)

Repeatedly chasing or molesting vehicles while off of the property of the pet-owner or harborer.

(7)

Repeatedly chasing or molesting passers-by while off of the property of the pet-owner or harborer.

(8)

Repeatedly attacking or attempting to attack other animals while off of the property of the pet-owner or harborer.

(c)

A nuisance for the purposes of this section, shall include but is expressly not restricted to the following acts by birds:

(1)

Emitting frequent or long continued sound or noise between the hours of 11:00 p.m. and 6:00 a.m., with the exception of birds housed at commercial businesses.

(2)

Emitting frequent or long continued sound or noise for periods of ten minutes or more at any time, with the exception of birds housed at commercial businesses.

(d)

Upon a finding by the court that such an animal or animals constitute a nuisance, in addition to other remedies, the court may order the owner, keeper, or harborer to reduce or limit the number and/or types of such animals on a parcel upon a finding that the nuisance was caused in whole or in part by the number or types of dogs, birds, or pot bellied pigs owed, kept, or harbored.

(Code 1970, § 7-41; Ord. No. 87-25, § 16, 10-27-87; Ord. No. 89-17, § 2, 7-18-89; Ord. No. 91-14, 10-1-91; Ord. No. 93-22, § 5, 11-23-93; Ord. No. 04-33, § 2, 8-10-04)

Sec. 14-99. - Sterilization upon adoption.

(a)

All dogs and cats adopted from the county animal control center shall either be sterilized prior to removal from the animal control center or a deposit in the amount set forth by county schedule of animal control fees shall be paid to the county animal control guaranteeing that the adopted animal will be sterilized within 30 days of the date of adoption or in the case of a puppy or kitten within 180 days from the date of adoption. Failure to comply with the provisions of this section shall result in the forfeiture of the deposit to the county animal control division and shall constitute a violation of this article subject to additional civil penalty.

(b)

Custody of any dog or cat offered for adoption may be transferred without deposit to a licensed veterinarian, the S.P.C.A. or other humane organization upon agreement to surgically sterilize such animal in accordance with F.S. § 823.15.

(c)

Violation of this section shall constitute a class III infraction.

(Code 1970, § 7-37; Ord. No. 87-25, § 12, 10-27-87; Ord. No. 93-22, § 4, 11-23-93)

Sec. 14-100. - Kennel maintenance and inspection.

(a)

The owner and operator of any kennel shall be responsible for the proper feeding and care of all animals in their control or harbored in the kennel.

(b)

The owner and operator of any kennel shall be responsible for maintaining the premises in a clean and sanitary condition.

(c)

The premises of any kennel may be periodically inspected, during reasonable business hours of the establishment, by the animal control officer for the purpose of determining whether the kennel is in compliance with the standards set forth in this section.

(d)

Violation of this section shall constitute a class II infraction.

(Code 1970, § 7-32; Ord. No. 87-25, § 7, 10-27-87)

Sec. 14-101. - Health requirements when transported or offered for sale.

F.S. § 828.29, as amended, is adopted by reference. A violation of such section is a class II infraction.

(Code 1970, § 7-33; Ord. No. 87-25, § 8, 10-27-87; Ord. No. 02-01, 1-8-02)

Sec. 14-102. - Records required for selling dogs or cats.

Every person engaged in the business of selling dogs or cats shall keep a complete and true record of every transaction, showing the date of the transaction and the name and address of the person from whom each dog or cat was purchased or otherwise obtained and to whom it was sold. The record should also show a sufficient description of the dog or cat, such as breed, sex, color, markings and distinguishing features. The record shall at all times be subject to inspection by officers and any other law enforcement officer. The seller shall maintain records for a period of one year from date of sale.

(Code 1970, § 7-34; Ord. No. 87-25, § 9, 10-27-87; Ord. No. 07-47, § 2, 12-18-07)

Sec. 14-103. - Impoundment.

(a)

The Division may catch, seize, humanely trap, accept for impound, or pick up and impound any:

(1)

Dog or pot bellied pig that is running at large on public or private property, including the private property of the owner, harborer, or keeper, in accordance with section 14-97 of this chapter. Dogs or pot bellied pigs impounded under this subsection shall be held by the Division for a period of not less than 72 hours. Any impounded dog or pot bellied pig that is wearing a license tag or traceable identification shall be held for not less than 144 hours, and the Division shall make a reasonable effort to notify the owner that the animal has been impounded and may be picked up during the shelter's normal hours. The final responsibility for locating an impounded animal shall be that of the owner.

(2)

Dog or pot bellied pig that is not properly quarantined pursuant to section 14-79. Dogs or pot bellied pigs impounded under this subsection shall be held at the owner's expense for the duration of the quarantine period established in section 14-79

(3)

Dog or pot bellied pig that is not confined to the owner's property during an area-wide rabies quarantine, as required by subsection 14-79(4). Dogs or pot bellied pigs impounded under this subsection shall be held for not less than 72 hours. Any impounded dog or pot bellied pig that is wearing a license tag or traceable identification shall be held not less than 144 hours, and the Division shall make a reasonable effort to notify the owner that the animal has been impounded; such animals shall be held at the owner's expense and may, at the discretion of the Division, be held for the duration of the areawide quarantine.

(4)

Dog, cat, or pot bellied pig that has bitten or scratched a person, or is carrying or suspected of having or showing suspicious symptoms of rabies or any other zoonetic disease. Dogs, cats, or pot bellied pigs impounded under this subsection shall be held at the owner's expense, and may be held for a period of at least 240 hours from the date of the bite, scratch, or showing of suspicious symptoms.

(5)

Dog, cat, or pot bellied pig that is neglected, abused, cruelly treated, sick, injured, or at risk of disease, injury, or death, and for which [the Division] has or will seek custody of the animal pursuant to F.S. ch. 828. If the county is awarded custody of the animal, the owner shall be responsible for all expenses associated with the impoundment, care, feeding, and maintenance of the impounded animal. If the county is not awarded custody of the impounded animal, the owner shall be responsible only for necessary veterinary care provided to the animal during the impoundment. An owner awarded custody of a dog, cat, or pot bellied pig impounded under this subsection must redeem his or her animal within 72 hours of the court's order, or the animal shall thereafter become the property of the county.

(6)

Where an animal is or may be without proper care because of injury, illness, incarceration, or involuntary absence of the person responsible for the care of the animal. This includes, but is not limited to, situations where the owner is arrested, hospitalized, deceased or otherwise unable to care for the animal, or where the animal is abandoned within the meaning of section 14-38. Animals impounded pursuant to this subsection shall be held at the owner's expense for a period of at least 240 hours, and shall thereafter become the property of the county.

(7)

Dog that is suspected of being a vicious animal. Such animals may be held pending the filing by the Division of a petition for custody of the animal pursuant to subsection 14-41(d). The animal shall be held during the pendency of administrative proceedings, judicial proceedings, or appeals related to the petition for custody. If the county is awarded custody of the animal, the owner shall be responsible for all expenses associated with the impoundment, care, feeding, and maintenance of the impounded animal. If the county is not awarded custody of the impounded animal, the owner shall be responsible only for necessary veterinary care provided to the animal during the impoundment. An owner awarded custody of a dog impounded under this subsection must redeem his or her animal within 72 hours of the court's order, or the animal will thereafter become the property of the county.

(8)

Dog that is suspected of being a dangerous dog. Dogs impounded pursuant to this section may be held pending an investigation into whether the dog may be dangerous. Upon a determination by the Division that the dog is dangerous, the dog may be held during the pendency of any administrative proceedings, judicial proceedings, or appeals relating to the dangerous dog classification. If the dangerous dog classification is upheld, the owner shall be responsible for all expenses associated with the impoundment, care, feeding, and maintenance of the impounded dog, and the dog shall not be released to the owner until the owner complies with the applicable provisions of section 14-42 and F.S. ch. 767. The owner of a dog classified as dangerous shall comply with the applicable provisions of section 14-42 and F.S. ch. 767 and redeem the animal within 240 hours of the determination by the Division if no hearing is requested to challenge the determination, or the animal will thereafter become the property of the county. If the dangerous dog classification is challenged in an administrative or legal proceeding and not upheld or the Division does not make a determination that the dog is dangerous or revokes such determination, the owner shall be responsible only for necessary veterinary care provided to the dog during the impoundment. When a dangerous dog classification is not made by the Division after investigation, not upheld in an administrative or legal proceeding, or if the determination is revoked or withdrawn by the Division, an owner must redeem his or her animal within 72 hours of mailing, faxing, delivery, or posting of notice by animal services, or the animal shall thereafter become the property of the county.

(9)

Dog that has been declared a dangerous dog and the Division determines the owner has not obtained a certificate of registration from the Division; the owner has not renewed a certificate of registration on or before the anniversary date of the original registration of the dog as a dangerous dog; the owner does not have a current certificate of rabies vaccination for the dog; the owner has failed to confine the dog in a proper enclosure pursuant to F.S. ch. 767; the owner has failed to post warning signs in conformance with the requirements in section 14-42; the owner has failed to permanently identify the dog pursuant to F.S. ch. 767. During any judicial proceedings and appeals relating to the Division's determination that the owner has failed to comply with the ordinances or statutes relating to ownership of a dog classified as dangerous, the dog may be held by the Division. If the Division's determination is upheld, the owner shall be responsible for all expenses associated with the impoundment, care, feeding, and maintenance of the impounded dog, and shall comply with the applicable provisions of section 14-42 and F.S. ch. 767 and redeem the animal within 14 days, or the animal will thereafter become the property of the county. If the Division's determination is not upheld, the owner shall be responsible only for necessary veterinary care provided to the dog during the impoundment, but must redeem his or her animal within 72 hours of the court's order, or the animal shall thereafter become the property of the county.

(10)

Dog, cat, or pot bellied pig that is owned, kept, or harbored in violation of an order of a court of competent jurisdiction. Dogs, cats, or pot bellied pigs found in violation of a court order shall be held or disposed of by the Division in accordance with the terms of the court's order.

(b)

Pursuant to law, officers may enter upon public property and private property, except residential buildings, to administer and enforce the provisions of this article.

(c)

It shall be a violation of this chapter for any person to refuse or fail to surrender an animal for impound upon lawful demand by an officer.

(d)

Nothing in this subsection shall prevent the humane disposition of ill or injured animals as authorized by Florida Statutes.

(e)

It shall be the final responsibility of the owner of an impounded animal to locate and redeem the animal at the Division shelter.

(f)

Any animal impounded under the provisions of this chapter and not redeemed as provided for herein, or any animal turned over to the custody of the Division by the owner or owner's agent, shall become the property of the county. The Division shall humanely euthanize such animal or place it in the custody of some person deemed to be a responsible and suitable owner, who will agree to comply with all provisions of this chapter.

(g)

An eligible animal released to the Division by its owner, keeper, or harborer shall be placed for adoption, transferred, fostered, or humanely euthanized at the sole discretion of the Division.

(h)

No animal impounded pursuant to this chapter shall be released to its owner or the owner's agent until:

(1)

The owner, keeper, or harborer of an impounded animal signs and accepts any complaints, citations or warnings being issued with regard to the impounded animal.

(2)

The owner, keeper, or harborer of an impounded animal pays fees due to the Division for the transportation, care, feeding, maintenance, and licensing of the animal.

(3)

The owner, keeper, or harborer of an impounded animal pays any expenses incurred by the county for veterinary treatment.

(i)

Any animal that has become the property of the county may be placed for adoption, transferred, fostered, or humanely euthanized at the sole discretion of the Division. It is the sole discretion of the Division to accept or refuse potential adopters or fosters.

(j)

Any animal impounded pursuant to this chapter and held for the required amount of time may be released at the sole discretion of the Division free of the normal adoption charge to any humane agency, including registered nonprofit 501-c-3 rescue groups, to be adopted, any agency or organization which trains animals to assist handicapped or disabled persons or trains animals for police work, or any governmental law enforcement agency provided that the agency agrees to have the animal sterilized, vaccinated for rabies and licensed within a specified time period.

(k)

The Division may, in its discretion, require any animal to receive veterinary care or vaccination prior to release.

(l)

The county and its officers and employees shall not be liable for any injuries or illness sustained by an animal during the course of impoundment or while the animal is impounded.

(Ord. No. 04-34, § 2, 8-10-04; Ord. No. 07-47, § 2, 12-18-07)